ORDINANCE NO. 1202

AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF WICKENBURG, ARIZONA, DECLARING THE DOCUMENT ENTITLED “TOWN OF WICKENBURG VIDEO SERVICES REGULATORY ORDINANCE DATED NOVEMBER 4, 2019” AS A PUBLIC RECORD; AMENDING THE CODE OF THE TOWN OF WICKENBURG, ARIZONA, CHAPTER 19 CABLE TELEVISION, BY AMENDING ARTICLE 19-1 APPLICABILITY; AND BY ADOPTING BY REFERENCE A NEW CHAPTER 19B VIDEO SERVICES RELATING TO THE REGULATION OF VIDEO SERVICE BY THE TOWN AND THE LICENSING OF VIDEO SERVICE PROVIDERS IN THE TOWN; ESTABLISHING A PURPOSE; SETTING FORTH DEFINITIONS; PROVIDING FOR LICENSE REQUIREMENTS; IMPOSING FEES; SETTING FORTH VIOLATIONS; AND ESTABLISHING AN EFFECTIVE DATE.

    WHEREAS, in 2018 the Arizona State Legislature adopted Chapter 331 and in 2019 the Arizona State Legislature adopted Chapters 76, 163 and 319 (collectively the “Act”), declaring that the regulation of video services and video service providers is a matter of state-wide concern and setting forth the powers of Arizona cities and towns with respect to the regulation of video services and video services providers; and

    WHEREAS, the Act preempts the town with respect to the regulation of video services and video service providers, prescribes the process for issuing and renewing licenses for video services, and other regulation of video services and video service providers in the town; and

    WHEREAS, the Federal Communications Commission adopted FCC 19-80 on August 1, 2019, which further preempts local jurisdictions in the regulation of video services and video service providers; and

    WHEREAS, the town adopts this ordinance in order to comply with the requirements of the Act and federal law.

    

    NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Wickenburg, Arizona, as follows:

Section I. In General

    The Code of the Town of Wickenburg is hereby amended by amending Chapter 19 Cable Television is hereby amended by amending Article 19-1 Applicability to read as follows:

    ARTICLE 19-1  PURPOSE AND APPLICABILITY

    

A. The purpose of this Chapter is to regulate the operation of cable television systems operating within the Town to protect the public health, safety, general welfare, and to provide for the payment of fees and other valuable in-kind services to the Town for the privilege of using the public rights-of-way and other public places.

B. THIS CHAPTER SHALL APPLY TO A CABLE TELEVISION LICENSE GRANTED ON OR BEFORE DECEMBER 31, 2019, UNLESS THE LICENSEE HAS ELECTED TO TERMINATE ITS LICENSE DURING THE PERIOD COMMENCING JANUARY 1, 2020 AND ENDING JUNE 30, 2020, PURSUANT TO ARIZONA REVISED STATUTES SECTION 9-1412.

Section II. In General.

    A. That certain document entitled “Town of Wickenburg Video Services Regulatory Ordinance dated November 4, 2019,” three paper copies or one paper copy and one electronic copy of which are on file in the office of the Town Clerk, is hereby declared to be a public record and said copies are hereby ordered to remain on file with the Town Clerk.

    B. The Wickenburg Town Code is hereby amended by adding new Chapter 19B Video Services as set forth in that document entitled “Town of Wickenburg Video Services Regulatory Ordinance dated November 4, 2019”, which document is hereby adopted and incorporated into this ordinance by reference.

Section III.  Providing for Repeal of Conflicting Ordinances.

    All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.

Section IV.  Providing for Severability.

    If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or any part of the Code adopted herein by reference 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 thereof.

Section V. Enforcement

    The requirements of this chapter shall be enforced through the procedures set forth in Arizona Revised Statutes Section 9-1451.

Section VI.  Establishing an Effective Date.

    This ordinance and all documents adopted by reference shall be effective from and after January 1, 2020.

     PASSED AND ADOPTED by the Common Council of the Town of Wickenburg,

Arizona, this 4th day of November, 2019, by the following vote:

    APPROVED this 4th day of November, 2019.

ATTEST:                                                                                                                                   AmyBrown______________Amy Brown, Town Clerk

APPROVED AS TO FORM:

Trish Stuhan

Trish Stuhan, Town Attorney Gust Rosenfeld, P.L.C.

AYES: 6                         NAYES: 0                         ABSENT: 1                 EXCUSED: 0         ABSTAINED: 0

Rui Pereira______  

 Rui Pereira, Mayor

        I, Amy Brown, Town Clerk, HEREBY CERTIFY that a true and correct copy of the Ordinance No. 1202 was duly passed and adopted by the Common Council of the Town of Wickenburg, Arizona, on the 4th day of November, 2019, and that a quorum was present at the meeting.

Amy Brown

Amy Brown, CMC Town Clerk

Published in The Wickenburg Sun on  November 13th, 20th 2019

NOTICE

(for publication)

ARTICLES OF ORGANIZATION HAVE BEEN

FILED IN THE OFFICE OF THE

ARIZONA CORPORATION COMMISSION FOR

I

Name: ZEIKA, LLC

23029835

II    

The address of the known place of business is: 2704 W. ONZA CIRCLE, MESA, AZ 85202

The name and street address of the Statutory Agent: SERGIO GARZA, 2704 W. ONZA CIRCLE, MESA, AZ 85202

Agent Mailing Address:

2704 W. ONZA CIRCLE, MESA, AZ 85202

Agent Physical Address:

2704 W. ONZA CIRCLE, MESA, AZ 85202

Management of the limited liability company is reserved to the members.  The names and addresses of each person who are members are: SERGIO GARZA

2704 W. ONZA CIRCLE, MESA, AZ 85202

Published in The Wickenburg Sun on November 6th, 13th, and 20th, 2019.

NOTICE OF PUBLIC HEARINGS

TOWN OF WICKENBURG

 

Pursuant to A.R.S. Sections 39-204 and 9-462.04, NOTICE OF PUBLIC HEARINGS IS HEREBY GIVEN in the Town of Wickenburg that public hearings will be held relating to the possible adoption of The Wickenburg Downtown Redevelopment Plan and Area Map.

 

A copy of the proposed Redevelopment Plan and Area Map are available online and at the Town of Wickenburg Town Hall, 155 North Tegner Street, Suite A, Wickenburg, Arizona. All Plan and Map Documents are available for review during normal office hours:  Monday through Thursday, 7 a.m. to 6 p.m.  Any comments or questions regarding these requests are invited and may be submitted to:  Town of Wickenburg Economic Development Department, 155 North Tegner Street, Suite A, Wickenburg, Arizona 85390.  Telephone:  (928) 668-0522.  Email: pgreen@wickenburgaz.org

 

Following the public hearings, the Town Council may adopt the prescribed Wickenburg Downtown Redevelopment Plan and Area Map.

 

Public Hearings will be held on the following dates, times and places:

 

THE REGULAR MEETING OF THE COMMON COUNCIL of the TOWN OF WICKENBURG on MONDAY, December 2, 2019 at 5:30 PM

 

All public hearings will be held in the Wickenburg Town Hall Council Chambers located at 155 North Tegner Street, Wickenburg, Arizona.

 

ATTEST:

 

                                                                          

Pamela L. Green

Economic Development & Community Relations Director

Published in the Wickenburg Sun November 13th, and 20th, 2019

NOTICE

(for publication)

ARTICLES OF ORGANIZATION HAVE BEEN

FILED IN THE OFFICE OF THE

ARIZONA CORPORATION COMMISSION FOR

I

Name: LA ARENA, LLC

23029838

II

The address of the known place of business is: 2704 W. ONZA CIRCLE, MESA, AZ 85202

The name and street address of the Statutory Agent is:

SERGIO GARZA

2704 W. ONZA CIRCLE, MESA, AZ 85202

III

Management of the limited liability company is vested in a manager or managers.  The names and addresses of each person who is a manager AND each member who owns a twenty percent or greater interest in the capital or profits of the limited liability company are:  SERGIO GARZA

2704 W. ONZA CIRCLE

MESA, AZ 85202

Published in The Wickenburg Sun on  November 6th, 13th,20th 2019

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