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ORDINANCE NO. NS -14 PAGE TWO SECTION 3: That Section 15 -252 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15 -252. Activities which are Unlawful Unless Authorized by City Franchise. It shall be unlawful for any person to establish or operate any community antenna television system in the City unless a francise therefor has first been obtained pursuant to the provisions of this Chapter, and unless such franchise is in full force and effect. It shall also be unlawful for any person to construct, install or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing television signals or radio signals through a community antenna television system, unless a franchise authorizing such use of such street, property or area has first been obtained pursuant to the provisions of this Article, and unless such franchise is in full force and effect. SECTION 4: That Section 15 -253 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15 -253. Authority of Council to Grant Franchises. Whenever it deems such to be for the public good, the Council, subject to the provisions of Article XIII of the Charter of the City, may and is hereby empowered to grant, by ordinance, to any person, whether operating under an existing franchise or not, a non - exclusive franchise to operate or carry on the business of distributing to people in the City, or to people in a certain area or areas in the City, television signals or radio signals by means of a community antenna television system, and /or to construct, install or maintain within specified public streets in the City, or within other specified public property of the City, or, subject to approval of the owner of such private area, within any privately owned area in the City which has not yet become a public street but which is designated or delineated as a proposed public street on any tentative subdivision map which has been approved by the City any equipment or facilities for distributing television signals or radio signals by means of a community antenna television system. SECTION 5: That Section 15 -254 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15 -254. Terms and Conditions. All franchises issued hereunder shall be non- exclusive. No provision of this Article shall be deemed to require restricting the number of franchises to one or any particular number and no provision of this Article shall be deemed to prohibit or prevent the Council from refusing to grant any franchise or franchises if and whenever it finds or believes that the grant of any such franchise or franchises is not for the public good. All franchises shall be subject to terms and conditions specified in the Charter of the City of Santa Ana and to terms and conditions specified in this Article. Also, in granting any franchise, the Council may prescribe such other and additional terms and conditions, not in conflict with said Charter or this Article, whether governmental or contractural in character,'as in the judgment of the Council are in the public interest. -2- 26