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genera' cir-
<br />nfa Ana, Count
<br />S been adjudge(
<br />by the Superior
<br />fe of California,
<br />05, Case Num-
<br />ch the annexed
<br />d in each reg-
<br />per and not in
<br />dates, fo-
<br />perjury fhaf
<br />• i
<br />F OF
<br />A34 �DD�v c�.ntinnons p�r'nd t' ,,,.,� ;, r an ee a,nd .; v n.rd a.l max: -
<br />rt A� °T" 7 a TO 4,RTI ' = r and eighty I1hU �� id''ec atria rates, ratoe• and charges
<br />O4- THE. S - `�( ) day's without prior specified herein or in buy franchise
<br />F SANTA ANA ML(dI('I.:.u'ritten notice to and a Y
<br />Pr'�L CODE TO PROVIDE. rqR the City Manager, or �Ppr °vii b- issued hereunder existing now and
<br />THE GRANTING OF FfIgN. installed in any streets oasother such time as as stirs future, including
<br />TENNA E8 FOR TELEVISION SYSTEMS area without corn d m Y Paramount juris-
<br />I y g with. the 'diction shall preempt or' AND FOR THE TERMS, CONDi requirements hereof, or (3) any that of the City, and any franchise is terminated cancelled, ri rtes Y and all
<br />TIONS, AND LIMITATIONS or shall expire, Grantee, at: the thoritiesofethe Cut
<br />UNDER WHICH ANY SUCH y Privileges, and au-
<br />option of the City at the ex- establish, or fix any of determine. ramie.
<br />SYSTEM SHALL O P E R A T I- pease of Grantee and at no expense are each and all hereby declared
<br />WITHIN THE CITY OF SANTA, to the City, upon demand of the by the City and b hereby
<br />ANA, CALIFORNIA City Manager, shall promptly re- accepting an y y Grantee
<br />THE CITP COUNCIL OF Hl move from any street or other area to b cntractualainhna,turer and dto
<br />CITY OF SANTA ANA DOE','(-)R-'l all property of Grantee, and Gran- be, for the benefit of the City
<br />DA1N AS FOLLO'i -S; t.ee shall promptly restore the all subscribers situated thre d
<br />SECTION 1: That in order tt, street and other area from which and the a reentent of Grantee to
<br />Provide for the granting of fra.r- such property^ has been removed to accept andgconform to such stand -
<br />Telees for Community Antenna `ueh condition as the Director of Ards, rates, ratios, and charges is
<br />rlpts�sicondi ns andit limittation� Public Works Manager m., pro - hereby declared by the City and by
<br />tided, the rk approve- G
<br />3 under which such s�Stents shall written application g theref ruPby chi e hereunder 6P it ofany most
<br />operate within the City' of Santa Grantee, approve the abandonment in and essential consideration
<br />Ana, the Santa Ana Municipal Code of any of such property in place by for the granting
<br />1s hereby amended by adding Chap- Grantee and under such terms and in the absence f which, franchise.
<br />ter 4 d Article VI thereof to read ; Conditions a the City lganager may or in part, the City would not grant
<br />In words and figures as follows: Prescribe; and upon abandonment such franchise.
<br />CHAPTER 4 — FRANCHIS "ES I of any such property in place, Section 6415. Offers and Applica•
<br />Part 7 — Community Antenna Grantee shall cause to be executed, lions for Franchise.
<br />Television Systems a,'kno,Iedged, and delivered to the All offers to construct, operate,
<br />,a Section 6410. Definitions, City such instruments as the City or maintain any
<br />For the purpose of this Part, the Attorney shall prescribe and ap- this City and a1lCapplicatinmfor
<br />following words, terms, P•ove. transferring and conveying ariv franchise hereunder shall be
<br />abbreviatious, derivatives Phrases• "the ownershi of such
<br />and the e ea - P property to filed with the Purchasing and Prop -
<br />of any thereof shall have the mean- l' the City.
<br />ings set forth herein. When not d erty Control Officer of the Ch,, of
<br />inconsistent with the context, words g) Upon the failure, refusal, or Santa Ana ml a form approved ne neglect of Grantee to cause an the City such o e
<br />abed in any prticala,r terse, hum Wo1'k or other act required by lacy and application shall set hforthr
<br />ber, or gender Include d ender. oThc Prl�tilleoverrpn or a completed tree not limited o, accompanied orni required y I)i
<br />tense, number, and
<br />word "may" is permissive and not ' fo i inn any tune prescribed there by the Instructions to ion
<br />Mandatory- the word "shall" is�1tiineoisupon n °lice given where no piicant, other franchise documents,
<br />mandatory and not permissive: Prescribed, the Director of or by the City Manager. The City
<br />(a)
<br />CATV shall mean communi- Public Works may cause such work Manager, to make his recommends-
<br />an antenna television system whole or stet to be completed in,
<br />and shall include any and all doing, shall submit to tions respecting such offers and
<br />systems, part, and, upon so applications, shall require the fol-
<br />methods, facilities, itemized statement Of the an lowing:
<br />and means wherein or whereby thereof, and Grantee shall, within (b) Organizational structure of
<br />coaxial cables, ways the costs (a) Identity of Offeror - Applicant.
<br />other devices, equipment., orp such statement. s y
<br />techniques are utilized, in whole t entire amount the eof.r receipt of Offeror - Applicant.
<br />or in Pay to the city the (e) Operational plans of Offeror.
<br />tributi�g Part. for ,signals g o dis- (e) Grantee shall be re Applicant.
<br />a service or commodity here� I provide service to any person d sir (d) Information or rlefeentees pie
<br />in contemplated. "CATV^ s Ing to subscribe to such service in tinent to the subject matter
<br />not rpd t Include what is commnay� i the bligation of Grantee to provide which shall be re
<br />provided, however, that of such offer and application
<br />referred to as "pay TV.^
<br />(b) CITY" shall mean the City of be subject to such terms and condi- or the Cit
<br />service to isolated subscribers shall requested by the City Council
<br />Santa Ana to as
<br />now or at any tions as the City required or
<br />time delineated, y Council shall a an y Manager or by
<br />I (c) CITY MANAGER" shall mean 'i pt oce in the franchise of Grantee y pr° - isiona of the Charter
<br />the City Manager of the Cit of.an(f) Unless otherwise of the City of Santa Ana or
<br />Santa Ana, California. y 3 given instance, where any the Santa Ana Municipal
<br />is prescribed herein for the doing (e) Andaoplication fee in the sum
<br />(d) "CITE COUNCIL" shall mean ( or causin to be, done of an
<br />the City Council of the City of the City Manager, for
<br />Santa Ana, California, Y act, of One Thousand Dollars
<br />(e) •FRANCHISE, 11e writing, may good cause, (81,000.), which shall be in
<br />mean the territorRyl in whial sO prescribed for two nd any time the form of cash, certified
<br />Periods of not to exceed d)nanetttional Or cashier's or money
<br />Grantee shall be authorized today, each. y (90) the construct, maintain, and oper- Section 6413. Franchise Limitations. studying Y tTvard die its systeut' investigatingstandf other
<br />(f) GRANTEE." shall mean any; limritatdionsohereundertorrasaIt se pltcation and which shall be
<br />person, firm, or corporation re- I g such offer and an-
<br />Person, the grant of any fra -n- shalliapp�lytto aatoll °wing ihnitations in consideration thereof and,
<br />chise hereunder and Shall in- or renewed bYytfranchise granted in whole or in
<br />olude any lawful successor to 1. under this Part. not returnable or refundable
<br />the interest of such y Council part; provided
<br />firm, or corporation, person, e Section 6413.1. Nature of Franchise, that any Offeror - Applicant
<br />Neither the granting of said fran- who Shall IPror to e Pur-
<br />(t)
<br />face of a d theaspaceaabove and conta }n d herein ny of tin such fran- Office'- offer and a caneella-
<br />below any public water, rho- ;� chise shall limit, abridge, provisions Officer a written withdrawal
<br />roughfare, s t r e e t, highway, alter, or affect the ri ht, of an
<br />WILY, hereditament, or h diminish, tion of any application here -
<br />auch,interest. or place in other Power, and the City Council here- under not later than the sen-
<br />or authority of the City the (7th) day next following
<br />there is public control or direc- by reserves and the day such offer and appli-
<br />t e as to the use or occupancy after the first two oZ es the right
<br />thereof, which now or hereafter to cation is received by the Pur-
<br />grant any () full years Officer and property Control
<br />shall exist within the City.•! or different francdhiste to env per sronr Officer shall be entitled to
<br />(h) SUBSCRIBER" shall are a ri firm, have returned and refunded
<br />ILIFy person or other entity Witt_ Grantee either within or er than and
<br />e 811111 Fiftyo Seven Hundred
<br />In the City receiving for any without
<br />purpose busy CATV Service of the franchise area of an less F ($750.00),
<br />any grants, provided that the City Grantee; y actual costs or ex-
<br />S•etibti 6411. Autharlt Grant�a shall not Council pease incurred by the City by
<br />lrra hiss. y 13 uder contai ingiA113, termssor con - Plicationf whi Itoshallaexceed
<br />(a? Y franchise granted purstt` ditions which shall be less favor -
<br />ahle to Tao Hundred and Fifty Dol-
<br />"the provisions of this Bart; :to .any Grantee, or more favorable lars ($250,00), the said Two
<br />tee to do the following: the condttmn Wa the terms or Hundred and Fifty Dollars
<br />(1) Erect, install, consttuct, hereunder, any 0 ber franchise 060.00) representing admin-
<br />Dair, replace, reconstr chise 6413.2, is rative expense in process -
<br />0- intain Transfer of Fra in th
<br />and retain in •d Pro franchise
<br />Dyer, under, across, andpaltl�g shall be old granted hereun street suc I c wire' cable, conductors d et as aned, or oth ©nviserdisposeds
<br />conduit, vaults, not o4n whole or in part, voluntarily
<br />amplifiers, applianees,athol!fs� .invohmtarily, without the
<br />ments, and other aC3i� °consent of the
<br />property a,slthen only City Council, Pa
<br />tenantetoethe CATV and conditions 11PO11 such terms a
<br />and so to use, operate, as the City Council m
<br />Prescribe No purchaser, less
<br />'properties similar facilities sale, transfer, lease, or assignme
<br />Provide .- recipient of any su
<br />D opertte rented or leased without such prior written e
<br />{ from other persons• firms, or seat
<br />1 corporations, including, but of the City Council, will a
<br />not Nmited to, an quire any of the rights of t
<br />utility- or other grantee o uanv R sectiolts64holder, erm
<br />franchise of this City; of Franchis
<br />(2) Maintain and operate facili- No franchise granted or renews
<br />ties and properties for the cha,lhehe t {or t1Oil under this Pat
<br />ducts tin, transmission, con_ five (5) years, miler shorter tha
<br />dgot�On, amplifications, con - I prior to its e. terminate
<br />atere.on, and distribution of i provided; nor s1 aillaann as here!
<br />programs by use of eleotri chise Y such fran
<br />city, micro -wave, or other i a grant ad or renewed be for a
<br />energy source. :Sgregate term in excess
<br />(b) A franchise granted to I tP-fiv e (26) years. of twen
<br />vide service within the City Pro Section 6413.4. No Recourse
<br />authorize and hermit the Gra tee City. Against
<br />to solicit, sell, distribute, and make ` remrer {l�tea shall have no recourse or
<br />,a charge to subscribers within the City for anv lose
<br />City for connection to the C. whatsoPCer against the
<br />ATV damayP arising out for expense, �re�
<br />!system of Grantee, and shall auth-
<br />jorize and permit the Grantee to sper_t to any franchise hereunder,
<br />pass over, across, or through an this !'art, or the enforcement
<br />!portion of the City in order y thereof.
<br />bide Service, outside the City. pro- Section 6413.5, City AJOCtlOn 6412• Franchise Re airs• Regulations, y Rules and
<br />meats. q Grantee shall be sub
<br />,iect to a}}
<br />In addition to any other franchise ordinances, rules, regulations, and
<br />reguirements hereunder, or made or `Pecifications of the City hereto -
<br />�doptgd' 48 herein prov•d fore or hereaft
<br />n• a application,
<br />Section 6415. CATV Franchlse Pre.
<br />der cedure,
<br />ed (a) The Citv Council rnSLY by-,
<br />°f' solicit tiand call for offers and a p
<br />O7 cations for CATV
<br />for determine and fix fang dials u)>nn
<br />nd
<br />ay recet�ed which the same shall be
<br />ay v the City, or the date
<br />ch
<br />before received; which datenaftmust r which
<br />eh the same shall not be received;
<br />nt, and May Y extend such date !n dates
<br />c_ and make busy other determinations
<br />It
<br />and Specify anv other times, terms,
<br />conditions, or limitations respecting
<br />e the soliciting, calling for, niaking,
<br />d and receiving oP such offers and.
<br />.t Council sh ;provided, that the City
<br />It Council shall nit be required to
<br />d solicit or call for such offers or
<br />n applications and may receive or
<br />refuse to receive any of the same,
<br />n solicited, called for or other e,
<br />_ as the City Council , mav .-ect.
<br />(n) Offers and applications for
<br />submitted franchise shall be prepare„ and
<br />submitted In the manner, time, and
<br />farm as herein or otherwise pro-
<br />vided within the franchise docu-
<br />ments.
<br />SECTION 2: That this Ordinance
<br />shall take effect thirty (30) da,•s
<br />from and -after the date of its
<br />adoption.
<br />PASSED AND ADOPTED 1), the
<br />Ana toitsyreg larhmeettin h Santa
<br />the 3rd day of September, 1968.
<br />ATTEST:
<br />10110 red, the cludng but not rlintitaghshed. in- /s/ TOM bICMICHAEI,
<br />to an g requirements shall apply Ma
<br />Y franchise granted or re- pertaining to works and to /s/ DORIS M. BROWN
<br />newel by the City Council under gin. on' over, under, Clerk of the Council
<br />rte Part. streets. and about STATE OF
<br />Ion 8412.1. Franchise Payments; Section 6413.6. Prohibited Activities CALIFORNIA )
<br />Ono Grans Within City, of Grantee, COUNTY OF ORANGE ) as
<br />T e Grantee of anv franchise to Subscribe G�t relay not broadcast to CITY OF SANTA ANA )
<br />Provide Certify thatlIBam` the Clerkebf
<br />p Service within the City for which broadcaram or event
<br />shall pay to' the City, upon stye the Council of the Oily of Santa
<br />VC. 9e Of S11Ch franchise, a fee cer- a separate
<br />P charge is made. whether by Grantee Ana, California; that the foregoing
<br />tan in such amount as shall be or any other person, firm, or tor- Ordinance was ntroduced to said
<br />1addiowed by the City Council. In pea {ation. tohe, Purpose of this pt•o_
<br />by the for each Council held on the 19th day of
<br />by the City CoUuOil sod approved engaging rn thatlbasinessncommop sidered by saidaCouncil atglta regu-
<br />il, and at --'tell ly referred to as 'pap TV".
<br />trt16S and in sur•h manner as the lar meeting held on the 3rd day of
<br />C11Y Council shall agree upon, the Section . Ad, ption of Rules and
<br />l-(iltitritee shall September. 1968, a -nd was at said
<br />pay to the C }t�. Regulations. meeting passed and adopted by the
<br />duruPg the entire term of At all times during the term of following vote, to wit.
<br />franchise, one of the term such any franchise AYES, COUNCILMEN: Herrin,
<br />submitted in the g sums the C}tc. Councgil granted hereunder
<br />;Ap lication for Offer and power to, and shall adopt and ene Brooks. Carlson, Griset, Thur-
<br />pp CATV Franchise force, and Grantee shall conform man. A1cMlchael.
<br />arFd ILe ratifi�id in the ordinance to, rules and regulations NOES. COUNCILMEN:
<br />granting CATV franchise and fran- ABSENT, COUNCILMEN one
<br />cruise certificate, whichever is and establishing reasonable kel. Mar -
<br />'rg�test: the beds of performance pertaining to /S/ DORIS M, BROWN
<br />(�7 A fix4ld Sum certain; •r the system of Grantee. Clerk of the
<br />Sect}otn 6414.1. Rates and Charges. Pub: The )3e ister — Council
<br />g Sept. 14, 196x,
<br />
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