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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 FOUR <br /> <br /> SECTION 8: That Section 15-257 of the Santa <br />Ana Municipal Code, is hereby amended to read as follows: <br /> <br />Sec. 15-257. Hearing of Application. <br /> <br /> At the hearing on an application for a franchise, <br />the Council shall give all persons desiring to be heard a <br />reasonable opportunity to present evidence or to be otherwise <br />heard in favor of or in opposition to the granting of a <br />franchise to the applicant. At such hearing, the Council <br />may demand such additional information as it may deem relevant <br />and necessary. The hearing may be continued or adjourned, <br />from time to time, to a stated time and place without the <br />giving of further notice. <br /> <br /> SECTION 9: That Section 15-258 of the Santa <br />Ana Municipal, is hereby amended to read as follows: <br /> <br />Sec. 15-258. Council's Decision on Application. <br /> <br /> Upon conclusion of the hearing on the application <br />for a franchise, or within a reasonable time thereafter, the <br />Council shall render its decision thereon. If it deems such <br />action to be for the public good, it may refuse to grant the <br />requested franchise, or it may, by ordinance, grant the <br />same, or it may, by ordinance, grant such other CATV franchise <br />as it may deem to be for the public good, subject to such <br />terms, conditions, rules, regulations, restrictions and <br />limitations, governmental or contractural in nature, as it <br />may deem advisable to protect individual subscribers to the <br />services of the CATV system, to preserve the rights, interests <br />and liability of the City in its streets and public places, <br />and to otherwise protect the interests of the City and its <br />people. <br /> <br /> In making its decision, the Council shall consider <br />the applicants legal, character, financial, technical, and <br />other qualifications, and the adequacy and feasibility of <br />its construction arrangements; and any other consideration <br />that will safeguard the City's public interest. <br /> <br /> The CATV franchise granted by the Council to the <br />applicant need not be identical to or the same as that <br />requested by applicant, but may vary or be different therefrom. <br />For example, the rights or privileges granted thereby may be <br />less or more limited than those requested by applicant. <br /> <br /> No franchise shall be granted except by ordinance. <br />No franchise shall become effective unless and until accepted <br />by the grantee. <br /> <br /> SECTION 10: That Section 15-259 of the Santa <br />Ana Municipal Code is hereby amended to read as follows: <br /> <br />Sec. 15-259. Acceptance of Franchise. <br /> <br /> Within twenty-five (25) days after the effective <br />date of the ordinance awarding a franchise, or within such <br />extended period of time as the Council in its discretion may <br />authorize, the successful applicant or grantee shall file <br />with the City Clerk his written acceptance, in form satisfactory <br />to the City Attorney, of the franchise, stating his agreement <br />to be bound by and to comply with and to do all things <br />required of him by applicable provisions of the City's <br />Charter, provisions of this Chapter and provisions of the <br />franchise. Such acceptance and agreement shall be acknowledged <br />by the successful applicant before a notary public, and <br />shall in form and content be satisfactory to and approved by <br />the City Attorney. <br /> <br />-4- <br /> <br /> <br />
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