|
be heard, and directing the Clerk of the Council to cause said
<br />Resolution to be published at least once in a newspaper of general
<br />circulation within the City within fifteen (15) days of the
<br />passage thereof, and a copy thereof shall be mailed to any Grantee
<br />hereunder at least ten (10) days prior to the date specified for
<br />hearing thereon. At the time set for such hearing, or at any
<br />adjournment thereof, the City Council shall proceed to hear and
<br />pass on all presentations made before it, and the decision of the
<br />City Council thereon shall be final and conclusive.
<br />If the City Council shall find that the changing of any rates
<br />or charges of Grantee to subscribers will not be detrimental or
<br />injurious to the best interests and welfare of the subscribers
<br />and of the City, the City Council may, by resolution, authorize
<br />the change of any rates or charges of Grantee to subscribers as
<br />shall be deemed reasonable by the City Council; and such
<br />resolution shall thereupon become a part of any franchise granted
<br />hereunder and affectedthereby.
<br />Section 6414.3. Federal or State Jurisdiction.
<br />In the event the Federal Communications Commission, the
<br />Public Utilities Commission of the State of California, or any
<br />other Federal or State body or agency shall now or hereafter
<br />exercise any paramount jurisdiction over the subject matter of
<br />any franchise hereunder, then, to the extent such jurisdiction
<br />shall preempt or preclude the exercise of like jurisdiction by
<br />the City, the jurisdiction of the City shall cease and no longer
<br />exist; provided, however, that the preemption or preclusion of
<br />the exercise by the City of any of its police power shall not
<br />diminish, impair, alter, or affect any contractual benefit to the
<br />City nor any contractual oblication of the Grantee under any
<br />franchise issued hereunder. In this respect, any and all
<br />minimum standards governing the operation of Grantee, and any and
<br />all maximum rates, ratios, and charges specified herein or in
<br />any franchise issued hereunder, existing now and at any time in
<br />the future, including such time as any _paramount jurisdiction
<br />shall preempt or preclude that of the City, and any and all rights,
<br />powers, privileges, and authorities of the City to determine,
<br />establish, or fix any of the same, are each and all hereby
<br />declared by the City and by any Grantee accepting any franchise
<br />hereunder to be contractual in nature and to be for the benefit
<br />of the City and all subscribers situated therein, and the agree-
<br />ment of Grantee to accept and conform to such standards, rates,
<br />ratios, and charges is hereby declared by the City and by any
<br />Grantee accepting any franchise hereunder to be of the most material
<br />and essential consideration for the granting of such franchise, in
<br />the absence of which, in whole or in part, the City would not
<br />grant such franchise.
<br />Section 6415. Offers and Applications for Franchise.
<br />All offers to construct, operate, or maintain any CATV system
<br />in this City and all applications for any franchise hereunder
<br />shall be filed with the Purchasing and Property Control Officer
<br />of the City of Santa Ana on a form approved by the City Manager.
<br />Each such offer and application shall set forth, contain, or be
<br />accompanied by, but not limited to, information required by the
<br />Instructions to Offeror- Applicant, other franchise documents, or
<br />by the City Manager. The City Manager, to make his recommenda-
<br />tions respecting such offers and applications, shall require
<br />the following:
<br />(a) Identity of Offeror - Applicant.
<br />(b) Organizational structure of Offeror- Applicant.
<br />(c) Operational plans of Offeror - Applicant.
<br />
|