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The City Council may approve a franchise pursuant to this Chapter only after the franchisee’s application has been reviewed by the following:
(a) The City Clerk, who shall inspect the City files and advise the Council as to past licensing experience with the applicant as well as other licenses or franchises and permits held by the applicant.
(b) The Chief of Police, who shall advise the Council as to the criminal record, if any, of the applicant, and all of the applicant’s owners, partners, directors, officers and resident agents.
(c) The Director of the Department of Public Works, who shall advise the Council as to the experience of that Department with the applicant and all of the applicant’s owners, partners, directors, officers and resident agents regarding any inspection of any of the applicant’s facilities which that Department has made pursuant to law.
(d) The Superintendent of the Parks and Recreation Department, who shall advise as to the experience of the Department of Parks and Recreation with the applicant regarding any work required to be performed by this Department due to any hazards caused by the applicant’s facilities and any trees and shrubbery in the City.
(e) The Telecommunications Advisory Commission, which shall advise the Council on any and all other pertinent matters with respect to the applicant as would be reasonably calculated to bear on the applicant’s ability to comply with the terms of this Chapter.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
The franchise fee represents compensation for a cable system’s use of City streets and other public rights-of-way and shall be an amount allowed by law and negotiated between the City and the applicant for the franchise.
(Ord. 2428, passed 2-18-1974; Ord. 2435, passed 4-1-1974; Ord. 2516, passed 10-6-1975; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
Each franchise granted pursuant to this Chapter is nontransferable by the franchisee to any other person, either directly or indirectly through a transfer of control of the franchisee, except with the express approval of the City Council and subject to such transferee having submitted an application as provided in § 15-11, and subject further to the transferee agreeing to accept and abide by all terms, conditions and requirements of this Chapter and the applicable franchise agreement. In lieu of the information required by § 15-11, the franchisee and transferee may submit a completed FCC Form 394 as their franchise transfer application.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
Any franchise granted pursuant to this Chapter may be revoked by the City Council following a hearing before the City Council or hearing panel of the Council and upon the recommendation of the City Administrator or the Telecommunications Advisory Commission and in the following manner.
(a) Notice of the intention to revoke and a written statement of the charges on which it is based shall be sent to the franchisee’s main business address by certified or registered mail, advising the franchisee of the charges, the intent to revoke the franchise and the franchisee’s right to a hearing.
(b) The franchisee shall have 20 days from the date of mailing the notice of intent to revoke or to request a hearing before the City Council or a hearing panel of the Council with respect to the revocation. Failure on the part of the franchisee to request such a hearing shall result in the revocation of the franchise immediately following the expiration of the 20 days.
(c) Upon receipt of the franchisee’s request for a hearing, the City Council shall set a time and date for the hearing, such time and date being not later than 30 days from the date of receipt of the franchisee’s request for the hearing. Written notice of the time, date and place of the meeting shall be sent to the franchisee’s main business address by certified or registered mail at least ten days prior to the date of the meeting.
(d) At the hearing, the City Administrator or Chief Legal Officer shall present to the Council or hearing panel of the Council the evidence upon which the recommendation for termination of the franchise is based and the franchisee shall have the opportunity to present any evidence it may have as to why the franchise should not be revoked.
(e) Upon hearing all of the evidence, the City Council shall decide whether to revoke the franchise.
(f) The franchisee shall be permitted to continue its operations after the initial action by the City Council so long as it makes its request for a hearing within the time limits specified in subsection (b) of this section.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
ARTICLE III. INSTALLATIONS AND FACILITIES
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