ORD-03-88 PROVIDE CABLE TELEVISION SYSTEMS AN OPPORTUNITY TO CONSTRUCT, INSTALL, AND MAINTAIN ON LAND WITHIN THE SUBDIVISION ALL EQUIPTMENT NECESSARY TO EXTEND CABLE TELEVISION SERVICES TO EACH RESIDENTIAL SUBDIVISIONORDINANCE NO. 3-
88 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 16.16
OF THE ORANGE MUNICIPAL CODE BY
ADDING SECTION 16.16.065 TO SAID CHAPTER TO
IM-PLEMENT THE PROVISIONS OF SECTION 66473.
3 OF THE CALIFORNIA GOVERNMENT CODE
REQUIR-ING SUBDIVISION TO PROVIDE ALL
APPROPRI-ATE CABLE TELEVISION SYSTEMS AN
OPPOR-TUNITY TO CONSTRUCT, INSTALL, AND
MAIN-TAIN ON LAND WITHIN THE SUBDIVISION
ALL EQUIPMENT NECESSARY TO EXTEND CABLE
TELE-VISION SERVICES TO EACH
RESIDENTIAL PARCEL IN THE
SUBDIVISION.WHEREAS, Section 66473.3 of the Cal ifornia Government
Code authorizes a City, by ordinance, to require the design of
a subdivision for which a tentative map or parcel map is
required to provide one or more appropriate cable television systems
an opportunity to construct, install, and maintain on
land i dent i f i ed on the map as ded i cated or to be ded i cated to pub I i
c uti I ity use any equipment necessary to extend cable
television services to each residential parcel in the subdivision;
and WHEREAS, the City Counci I hereby expresses Its Intention
to implement the aforementioned Section 66473.3 In order to
provide an opportunity for al I appropriate cable television systems
to have an opportunity to provide cable television services to
each residential parcel In any subdivision within the City in
the event the City Council should determine to authorize
additional appropriate cable television systems in the City within
the meaning of Section 66473.
3.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:16.16.065 Appropriate Cable Teievision Svstems -
Opportunity to Serve Subdivisions A. AI I subdivisions for
which a tentative map or parcel map is required pursuant to
Government Code 66426 shal I provide any and al I appropriate
cable television systems an opportunity to construct, instal I,
and maintain a cable television system on publ ic streets,
highways, alleys, publ ic properties, publ ic easements, and any
and all land identified on the tract map as dedicated or to be
dedicated to public utility use. All appropriate cable
television systems shal I be entitled and al low to place and
locate wires, conduits, appurtenances, and any and al I equipment
necessary to extend cable television service to each residential
parcel in the subdivision.
I------ --
B. "Appropriate cable television systems" as used in this
section, means those franchised or I icensed to serve the
geographic area in which the subdivision is located.
C. Publ ic easements, as used in this section, shall include
but shal I not be I imited to any easement created by dedication
to the City or publ ic uti I ity for publ ic uti I ity purposes or any
other purpose whatsoever.
D. Access to publ ic streets, highways, publ ic properties,
pub I i c easements, and any and a I I I and i dent i f i ed on the map as
dedicated or to be dedicated to public utility use shal I be
granted upon terms mutually acceptable to the subdivider and the
appropriate cable television system. In the event that no
mutually acceptable terms can be agreed upon, then al I
appropriate cable television systems shal I have the right to
construct a separate trench and place al I equipment necessary to
extend cable television system to each residential parcel in the
subdivision at its sole cost.
E. If, and to the extent, multiple appropriate cable
television systems instal I cable television equipment in
separate trenches, said separate trenching shall be performed at
essentially the same time and contiguous to the trenching for
placement of publ ic uti I ity lines.
F. No tentative map or parcel map shal I be approved by the
legislative body without the imposition of the conditions
expressed in Sections A and D hereof.
G. Th is sect ion sha I I not app I y to the convers i on of
existing dwel I ing units to condominiums, community apartments,
or stock cooperatives.
H. If any of the requirements of this section are deemed or
held by any court of competent jurisdiction or administrative
agency to be inconsistent with Government Code Section 66473.3,
or other appl icable law, said requirements shall be deemed null
and void and unenforceable.
Section III:
A summary of this Ordinance shal I be publ ished and a
certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5) days
prior to the City Counci I meeting at which this Ordinance is to
be adopted. A summary of this Ordinance shal I also be publ ished
once within fifteen (15) days after this Ordinance's passage in
the Orange City News, a newspaper of general circulation,
publ ished and circulated in the City of Orange. The City Clerk
shall post in the Office of the City Clerk a certified copy of
ORD. NO. 3-88 2 -
the ful I text of such adopted Ordinance along with the neames of
those City Counci I members voting for and against the Ordinance
in accordance with Government Code Section 36933. This
Ordinance shal I take effect thirty (30) days from and after the
date of its final passage.
ADOPTED this 23rd day of February 1988.
ATTEST
of ge
MARILYN J. JENSEN
City Clerk of the City of Orange f)J;TAa1A~
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
Cal ifornia. do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on
the 16th day of February . 1988, and thereafter at the
regular meeting of said City Counci I duly held on the 23rd day
of February . 1988, was du I y passed and adopted by the
following vote, to wit:
AYES: COUNCIL MEMBERS: SMITH, BARRERA,COONTZ, BEYER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MAYOR PEREZ
ABSTAIN: COUNCIL MEMBERS: NONE
MARILYN J. JENSEN
City Clerk of the City of Orange
f3&U/J?Ala (j (];;IkAU;;;f
Deputy City Cler~
3 -ORD. NO. 3-88