(a) The City may grant a new franchise or a franchise renewal for a period not to exceed fifteen (15) years to serve the City.
(b) The City may make the grant of a new franchise conditioned upon the completion of construction within a prescribed time or upon the performance of other specific obligations specifying that failure to timely comply with the conditions will cause the franchise to become null and void without further action by the City.
(c) In evaluating an application for a new franchise, the City shall consider the applicant's character; the applicant's technical, financial and legal qualifications to construct and operate the proposed system; the nature of the proposed facilities, equipment and services; the applicant's record in other communities, if any; and whether the proposal will meet anticipated community needs and serve the public interest. Where an applicant proposes an overbuild of an existing cable system, the City may also consider the economic feasibility of multiple cable operators, the impact on the existing franchisee, including whether the operations of the existing cable franchisee will be interfered with or disrupted, and whether any adverse consequences to the public interest will result if the application is granted.
(d) Based upon the application, the written and oral testimony and other material presented at a public hearing before the Council, and any other information relevant to the application, the Council shall decide whether to grant or deny a new franchise application.
(e) If the Council grants a new franchise application, the Mayor and the applicant must agree on the terms of a franchise agreement within one hundred twenty (120) calendar days from the date of the resolution making the grant. This period may be extended for good cause by the Council. If agreement is not reached with the Mayor within one hundred twenty (120) calendar days or if the period is not extended by the Council, the franchise grant may be withdrawn by the City.
(f) The text of a proposed new or renewal franchise agreement must be made available by the City to the public and advertised in a newspaper of general circulation within the City at least fourteen (14) days before the public hearing.
(g) After complying with the requirements of subsections (c) to (f) hereof, the Council shall, following a public hearing, approve or disapprove the proposed new or renewal franchise agreement by resolution.
(h) The grant of an initial franchise or a renewed franchise may be subject to a franchise acceptance fee in an amount not to exceed ten thousand dollars ($10,000) less the amount of the filing fee. Within thirty (30) calendar days of the date of the resolution approving the franchise agreement, the City must notify the approved applicant of the amount of any franchise acceptance fee and its method of calculation. If the franchise acceptance fee is not paid within sixty (60) calendar days of the date of the Council resolution approving the franchise agreement, the grant will be null and void. Prior to the franchise becoming effective, the approved applicant must demonstrate compliance with the surety, insurance and similar provisions of the franchise agreement.
(Ord. 75-89. Passed 6-26-89.)
(Ord. 75-89. Passed 6-26-89.)