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<br />would be served by authorizing the Franchise Renewal Agreement. <br />This determination is based upon the following findings: <br /> <br />1. The quality of the Franchisee's service, including <br />signal quality, response to consumer complaints, and <br />billing practices, but without regard to the mix, quality, <br />or level of cable services or other services provided <br />over the system, has been reasonable in light of <br />community needs; <br /> <br />2. The Franchisee has the financial, legal, and technical <br />ability to provide the services, facilities, and <br />equipment as set forth in the Franchise Renewal <br />Agreement; and <br /> <br />3. The Franchisee's performance of the obligations set <br />forth in the Franchise Renewal Agreement will <br />reasonably meet the future cable-related community <br />needs and interests, taking into account the cost of <br />meeting those needs and interests. <br /> <br />Section 2. The City authorizes the renewal of a nonexclusive franchise <br />with the Franchisee to construct, operate, and maintain a cable television system <br />within the City. This authorization is made in accordance with the applicable <br />provisions of the Santa Ana City Charter, Article II of Chapter 15 of the Santa Ana <br />Municipal Code, the applicable provisions of state and federal law, and the terms <br />and conditions of the Franchise Renewal Agreement. <br /> <br />Section 3. The Franchise Renewal Agreement submitted to the City <br />Council is authorized and approved, and the City Manager is authorized to <br />execute that agreement on behalf of the City following its execution by the <br />Franchisee. <br /> <br />Section 4. Pursuant to the California Environmental Quality Act <br />(CEQA), a Categorical Exemption has been approved for this Project. <br /> <br />Section 5. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision <br />of any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana <br />hereby declares that it would have adopted this ordinance and each section, <br />subsection, sentence, clause, phrase or portion thereof irrespective of the fact that <br />anyone or more sections, subsections, sentences, clauses, phrases, or portions be <br />declared invalid or unconstitutional. <br /> <br />Ordinance No. NS-XXX <br />Page 2 of 3 <br /> <br />11 B-2 <br />