§ 4.04.318 SELECTION OF GRANTEE.
   (A)   Upon receipt of an application for a franchise, the City Manager shall cause to be prepared a report, including recommendations respecting such application, which shall be filed with the City Council, each applicant, and existing grantees.
   (B)   The city may make such investigations as it deems necessary to determine the ability of an applicant to perform under a franchise. The applicant shall timely furnish to the city all such information and data for as the city may request. Failure to provide any such information shall be reason for rejection of any application.
   (C)   If, upon receiving the City Manager's report, the City Council decides to further consider any application, it shall pass a resolution setting a public hearing for such consideration fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or who wish to file objections may file written comments and appear before the City Council and be heard, and directing the City Clerk to publish said resolution at least once within ten days of the passage thereof in a newspaper of general circulation within the city.
   (D)   In making any determination as to an application for a new franchise, the city may consider any and all factors which effect the interests of the community including, but not limited to, the quality of the cable service proposed, the areas to be served, the rates to be charged, the amount of franchise fee to be generated, the experience, character, background, performance history and financial responsibility of an applicant (and its management and owners), the technical performance and quality of equipment, the applicant's willingness and ability to meet construction and physical requirements (and all other limitations and requirements pertaining to the franchise), and all other matters deemed pertinent by the city for safeguarding the interests of the city and the public.
   (E)   At the time set for the hearing, or at any adjournment thereof, the City Council shall proceed to hear all comments. Thereafter, the City Council shall make one of the following determinations:
      (1)   That such application be denied; or
      (2)   That a franchise be granted on specified terms and conditions.
   (F)   Any decision of the City Council concerning award of a franchise pursuant to this chapter shall be final.
(Ord. 4315, passed 11-12-96)