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9/5/79
ORDINANCE NO. NS- 1504
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 15-255 AND 15-256 OF
THE SANTA ANA MUNICIPAL CODE TO ESTABLISH
A COMPETITIVE PROPOSALS PROCEDURE FOR
THE REVIEW OF CABLE TELEVISION FRANCHISE
APPLICATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That section 15-255 of the Santa
Ana Municipal Code is hereby amended to read as follows:
Sec. 15-255. Applications for franchises.
No applications for a franchise under the provisions
of this Article shall be filed except during such time as
the council directs the solicitation of competitive proposals
from prospective applicants in accordance with a written
Request for Proposals approved by the council.
The council may set a fee to be charged to each
applicant as a condition to the filing of an application.
In addition, it may require that a grantee of a franchise
reimburse the City for costs incurred in the administration
of the application process to the extent they may exceed
application fee revenues.
Each application shall be filed at the place and
in the manner specified in the Request for Proposals, shall
contain all information and documentation and the proposal
description required by the Request for Proposals, and shall
be accompanied by the required application fee. The council,
or such officer as it may designate, may at any time demand
from any applicant such additional information as is reasonably
necessary to determine whether the franchise should be
granted to such applicant.
SECTION 2: That section 15-256 of the Santa
Ana Municipal Code is hereby amended to read as follows:
Sec. 15-256. Selection of proposed grantee.
After the close of the period for filing of appli-
cations, the council shall proceed to select one applicant
as the proposed grantee and shall cause to be prepared a
proposed ordinance granting the franchise to such applicant
and setting forth the terms, conditions, and covenants
pertaining thereto. Such selection may be made on the basis
of quality of service to the public, experience, reputation,
and financial reponsibility of the applicant, adequacy and
feasibility of construction arrangements, income to the
City, and any other consideration which will safeguard the
public interest.
Thereafter, the council shall set the proposed
ordinance for hearing in accordance with section 1303 of the
charter. The resolution required by that section shall
contain a brief summary of the terms and conditions of the
proposed franchise grant and shall state that the complete
text of the proposed ordinance is available for public
inspection in the office of the Clerk of the Council.
ORDINANCE NO. NS-1504
PAGE TWO
If the final decision of the council is to reject
the grant of a franchise to the proposed grantee, the council
may proceed to select a new proposed grantee pursuant to
this section from the other applicants, or may solicit new
proposals, as the council deems appropriate.
At any stage of the application process, the
council may determine not to grant any franchise and discontinue
further proceedings.
ADOPTED this 1st day of 0ctober , 1979, by
the following vote:
AYES: COUNCILMEN: Bricken, Griset, Luxembourger, ~rkel,
Serrato, Ward, Yamamoto
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ATTEST:
OF THE COUNC h
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney