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3/15/82
ORDINANCE NO. NS-1628
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO
GROUP W CABLE, INC., TO USE THE STREETS AND PUBLIC
WAYS WITHIN THE CITY OF SANTA ANA FOR THE OPERATION
OF A CABLE TELEVISION SYSTEM FOR FIFTEEN YEARS
UNDER CERTAIN TERMS AND CONDITIONS AND FIXING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Santa Ana
pursuant to Charter Sections 1300 et. seq, and Ordinance No.
NS-1461, is authorized to grant one or more non-exclusive
revocable franchises to operate, construct, maintain and
reconstruct a cable television system within the City; and
WHEREAS, the City of Santa Ana has solicited ap-
plications for a cable television franchise on a competitive
basis under Santa Ana Municipal Code S~ 15-250 et seq., and
after due evaluation of the applications receiv~-~, and after
public hearings, the City Council has determined that it is
in the best interest of the City of Santa Ana and its residents
to grant a franchise to Group W Cable, Inc. (formerly known
as Teleprompter of Santa Ana, Inc.).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION 1. Grant. Group W Cable, Inc. a corporation with
its principal place of business at 888 Seventh Avenue, New ~
York, New York 10106, hereinafter called the Grantee, is ~
hereby granted for itself, its successors and assigns, subject
to the terms and conditions of this ordinance and that certain
agreement by and between the City of Santa Ana and Grantee
form dated 3/15/82, a copy of which is on file in the Office
of the Clerk of the Council, (hereinafter referred to as
"said agreement,"), the non-exclusive franchise, authority,
right, and privilege, for a fifteen (15) year period from
and after the effective date hereof, to construct, operate,
and maintain a cable television system within the streets
and public ways within the City of Santa Ana.
SECTION 2. Effective Date of Franchise. The effective date
of the franchise herein granted shall be the date this ordinance
becomes effective, SUbJect tO acceptance ot this ordinance
and said agreement by Grantee in accordance with Section 5
hereof.
SECTION 3. Duration. The term of the franchise shall be
fifteen (15) years from the effective date hereof at which
time it shall expire and be of no force and effect. Renewal
shall be in accordance with the terms and conditions of said
agreement.
SECTION 4. Franchise Not Exclusive. The franchise herein
granted shall not be construed as any limitation upon the
right of Grantor, through its proper officers, to grant to
other persons or corporations, rights, privileges, or
urx~y s~ml±ar ~o or al~erent trom the rights, privileges,
and authority herein set forth, in the same or other streets
and public ways or public places by franchise, permit, or
otherwise, provided, however, that such additional grants
shall not operate to materially modify, revoke or terminate
any rights granted to Grantee herein.
SECTION 5. Franchise Acceptance. Within twenty-five (25)
days after the date this ordinance becomes effective, Grantee
shall execute and file with the Clerk of the Council an
original copy of said agreement, which shall constitute
acceptance of the franchise herein granted. Failure of
Grantee to accept the franchise as provided herein shall
cause the franchise to become null and void. Upon timely
acceptance of the franchise by Grantee, the Mayor of the
City of Santa Ana is hereby authorized to execute said agree-
ment on behalf of the City of Santa Ana.
SECTION 6. If any section, subsection, sentence, clause
phrase or portion of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance.
The City Council of the City of Santa Ana hereby declares
that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections,
-2-
ORDINANCE NO. NS-1628
Page 3
subsections, sentences, clauses, phrases, or portions be
declared invalid or unconsitutional.
ADOPTED this
3rd day of May , 1982.
GORDON BRIC~ , Mayor
ATTEST:
COUNCILMEMBERS:
Bricken Aye
Luxembourger Ave
Acosta Absent
Serrato Ave
Gr ise t Absent
Markel Absent
McGuigan Aye
APPROVED AS TO FORM:
Attorney
EDWARD J.~COO~ity