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NS-1461
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Last modified
1/3/2012 1:04:34 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1461
Date
11/20/1978
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ORDINANCE NO. NS-1461 <br />PAGE TWO <br /> <br />SECTION 3: That Section 15-252 of the Santa <br />Aha Municipal Code, is hereby amended to read as follows: <br /> <br />Sec. 15-252. <br /> <br />Activities which are Unlawful <br />Unless Authorized by City Franchise. <br /> <br /> It shall be unlawful for any person to establish <br />or operate any community antenna television system in the <br />City unless a francise therefor has first been obtained <br />pursuant to the provisions of this Chapter, and unless such <br />franchise is in full force and effect. <br /> <br /> It shall also be unlawful for any person to construct, <br />install or maintain within any public street in the City, or <br />within any other public property of the City, or within any <br />privately owned area within the City which has not yet <br />become a public street but is designated or delineated as a <br />proposed public street on any tentative subdivision map <br />approved by the City, any equipment or facilities for distributing <br />television signals or radio signals through a community <br />antenna television system, unless a franchise authorizing <br />such use of such street, property or area has first been <br />obtained pursuant to the provisions of this Article, and <br />unless such franchise is in full force and effect. <br /> <br /> SECTION 4: That Section 15-253 of the Santa <br />Ana Municipal Code, is hereby amended to read as follows: <br /> <br />Sec. 15-253. <br /> <br />Authority of Council to Grant <br />Franchises. <br /> <br /> Whenever it deems such to be for the public good, <br />the Council, subject to the provisions of Article XIII of <br />the Charter of the City, may and is hereby empowered to <br />grant, by ordinance, to any person, whether operating under <br />an existing franchise or not, a non-exclusive franchise to <br />operate or carry on the business of distributing to people <br />in the City, or to people in a certain area or areas in the <br />City, television signals or radio signals by means of a <br />community antenna television system, and/or to construct, <br />install or maintain within specified public streets in the <br />City, or within other specified public property of the City, <br />or, subject to approval of the owner of such private area, <br />within any privately owned area in the City which has not <br />yet become a public street but which is designated or delineated <br />as a proposed public street on any tentative subdivision map <br />which has been approved by the City any equipment or facilities <br />for distributing television signals or radio signals by <br />means of a community antenna television system. <br /> <br /> SECTION 5: That Section 15-254 of the Santa <br />Ana Municipal Code, is hereby amended to read as follows: <br /> <br />Sec. 15-254. Terms and Conditions. <br /> <br /> Ail franchises issued hereunder shall be non- <br />exclusive. No provision of this Article shall be deemed to <br />require restricting the number of franchises to one or any <br />particular number and no provision of this Article shall be <br />deemed to prohibit or prevent the Council from refusing to <br />grant any franchise or franchises if and whenever it finds <br />or believes that the grant of any such franchise or franchises <br />is not for the public good. <br /> <br /> Ail franchises shall be subject to terms and <br />conditions specified in the Charter of the City of Santa Ana <br />and to terms and conditions specified in this Article. <br />Also, in granting any franchise, the Council may prescribe <br />such other and additional terms and conditions, not in <br />conflict with said Charter or this Article, whether governmental <br />or contractural in character, as in the judgment of the <br />Council are in the public interest. <br /> <br />-2- <br /> <br /> <br />
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