(A) (1) Each application for a franchise to construct, operate, and maintain a system in this city shall be filed with the City Clerk on forms provided by the city.
(2) Each application shall be accompanied by a nonrefundable application fee, in an amount set by the City Manager, to defray the cost of filing and processing the application, which shall be in the form of a certified or cashier's check or a money order.
(B) The Council shall, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon which the same shall be received by the city, and may make any other determination and specify any other terms or conditions, respecting the soliciting and calling for the applications.
(C) Upon receipt of an application for a franchise, the City Manager shall expeditiously prepare a report (hereafter "report") including his recommendations respecting the application, which shall be filed with the Council and each applicant.
(D) (1) Upon receipt of the report and recommendations of the City Manager, the Council shall adopt a resolution of intention which shall:
(a) Set a time and place for a public hearing to consider the granting of a franchise;
(b) Give notice of receipt of the applications, and describe the character of the franchise desired; and
(c) The terms and conditions upon which the franchise is proposed to be granted.
(2) Copies of the application and the report shall be available for public inspection at the office of the City Clerk. The City Clerk shall publish the resolution at least once in a newspaper of general circulation within the city at least ten days prior to the hearing.
(E) (1) At the time set for the hearing, or at any adjournment thereof, the Council shall proceed to hear all interested persons, including any objections or protests to the granting of the franchise.
(2) In making any determination hereunder as to any application, the Council shall give due consideration to the quality of the service proposed, rates to subscriber, income to the city, experience, character, technical and financial responsibility of the applicant, and any other considerations deemed pertinent by the Council for safeguarding the interests of the city and public. The Council, at its discretion, shall determine whether to award a franchise on the basis of such considerations.
(F) The Council may at any time prior to the close of the hearing, demand and the applicant shall provide, such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.
(G) After the public hearing the Council shall make one of the following determinations.
(1) That one or more of the applications for a franchise be denied; or
(2) That one or more of the applications for a franchise be granted upon appropriate terms and conditions.
(H) If the Council shall deny an application for a franchise, the determination shall be final and conclusive.
(I) If the Council shall determine that an application for a franchise shall be granted, the franchise shall be granted by ordinance, naming the grantee, and setting forth the terms and conditions thereof.
(J) Any grantee, prior to the effective date of its franchise, shall reimburse the city for its actual engineering, administrative, publication and legal expenses incurred in connection with the processing, evaluation, and preparation of documents relating to the franchise, in excess of the prepaid nonrefundable application fee.
('83 Code, § 5.24.060) (Ord. 912, passed - -85) Penalty, see § 10.99