2018-237 An Ordinance of the City Council of the City of Menifee, California, Readopting Section 5.06.020 of Chapter 5.06 of Title 5 of the Menifee Municipal Code ORDINANCE NO. 18-237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
READOPTING SECTION 5.06.020 OF CHAPTER 5.06 OF TITLE 5 OF THE MENIFEE
MUNICIPAL CODE ENTITLED "STATE VIDEO FRANCHISE FEES AND FEES FOR
SUPPORT OF PEG CHANNEL FACILITIES"; AND REAUTHORIZING A FEE TO SUPPORT
PUBLIC, EDUCATION, AND GOVERNMENTAL ("PEG") CHANNEL FACILITIES WITHIN
THE CITY'S JURISDICTION
WHEREAS, Public Utilities Code section 5870(n) provides that the PEG fee may be
reauthorized upon the expiration of an applicable State franchise; and
WHEREAS, the City intends to readopt Section 5.060.010 of the City of Menifee
Municipal Code to reauthorize the collection of PEG fees.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Menifee as
follows:
SECTION 1. READOPTION. Section 5.06.020 of Chapter 5.06 of Title 5 of the Menifee
Municipal Code entitled "State Video Franchise Fees and Fees for Support of PEG Channel
Facilities" is hereby readopted in its entirety to read as follows:
A. Franchise fees. Each SVFH shall pay a fee to the city equal to 5% of that SVFH's
gross revenue pursuant to Cal. Public Utilities Code § 5840(q)(1).
B. PEG fees. Each SVFH shall pay an additional fee to the city equal to 1% of that
SVFH's gross revenue pursuant to Cal. Public Utilities Code § 5870(n), which fee
shall be used by the city for PEG purposes consistent with state and federal law.
C. GROSS REVENUE, for purposes of divisions (A) and (B) above, shall have the
definition set forth in Cal. Public Utilities Code § 5860.
D. The fees shall be remitted to the city on a quarterly basis within 45 days after the end
of each quarter for that calendar year. Each payment shall be accompanied by a
detailed summary explaining the basis for the fees. Failure to pay either fee in a
timely manner will result in fines payable to the city, as set out in the DIVCA.
E. The franchise set forth in division (A) above shall be payable as of 10-1-2008, the
date of the city's incorporation. The PEG fees set forth in division (B) above shall be
payable as of 7-3-2015, the effective date of the PEG Fee Ordinance (Ordinance No.
2015-170).
SECTION 2. REAUTHORIZATION. In readopting this Section 5.06.020 of Chapter 5.06 of
Title 5 of the Menifee Municipal Code, the City intends, to the extent required by California
Public Utilities Code section 5870(n), to reauthorize the Public, Education, and Governmental
channel facilities fee adopted by the City in 2015. In adopting this Ordinance, the City does not
in any manner affect or alter the continuing obligation of State franchisees to collect and pay the
preexisting PEG fee.
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SECTION 3. EFFECTIVE DATE; CERTIFICATION. The Mayor shall sign and the City Clerk
shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be
published once in the official newspaper within fifteen (15) days after its adoption. This
Ordinance shall become effective thirty (30) days from its adoption.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause,
phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more sections, subsection, subdivision,
sentence, clause, phrase or portions thereof be declared invalid or unconstitutional. To this
end, the provisions of this Ordinance are declared to be severable.
This Ordinance was introduced and read on the 18th day of July, 2018 and PASSED,
APPROVED AND ADOPTED this 1St day of August, 2018.
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Bill Zim er na , Mayor
ATTEST:
S rah A"Manwarring, erk
Approved as to form:
J06y . Melching, Cit At ney
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.MENIFEEf.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2018-237 was introduced by title on the 18th of July, 2018 and duly adopted by
the City Council of the City of Menifee at a meeting thereof held on the 1St of August, 2018 by
the following vote:
Ayes: August, Denver, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
Sa an A. Manwari g, City Clerk