(a) Filing of Applications. Any person desiring an initial franchise for a cable television system must file an application with the city. A reasonable non-refundable application fee deposit in an amount established by resolution of the city council must accompany the application. That application fee deposit will cover all anticipated costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by those experts), notice and publication requirements, and document preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the city within thirty days following receipt of an itemized statement of those costs.
(b) Applications - Contents. An application for an initial franchise for a cable television system must contain, as applicable:
(1) A statement describing the proposed franchise service area;
(2) A resume of the applicant's prior history, including the experience and expertise of the applicant in the cable television industry;
(3) A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a closely-held corporation. If the applicant is a publicly-owned partnership or corporation, each owner of 10 percent or more of the partnership interests, or of the issued and outstanding capital stock, must be identified. If the applicant is a limited liability company, the following information must be provided: the address of its principal executive office; the name and business or residence address of each member and of each holder of an economic interest in the limited liability company, together with the contribution and the share in profits and losses of each member and holder of an economic interest; the name and business or residence address of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement;
(4) A list of officers, directors, and managing employees of the applicant, together with a description of the background of each such person;
(5) The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant;
(6) A current financial statement of the applicant verified by a certified public accountant or otherwise certified to be true, complete, and correct;
(7) The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities and equipment;
(8) Any additional information that the city deems to be reasonably necessary.
(c) Consideration of Initial Applications.
(1) Upon receipt of an application for an initial franchise, the city manager or the city managers designee must prepare a report and make recommendations to the city council concerning that application.
(2) A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the city council. Within thirty days after the close of the hearing, the city council will make a decision, based upon the documents and testimony received at the hearing, as to whether the franchise should be granted, and, if granted, subject to what conditions. The city council may grant one or more franchises, or may decline to grant any franchise.
(d) Franchise Renewal. Franchise renewals will be processed in accordance with then applicable law and with the renewal terms, if any, of the franchise agreement. The city and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. A non-refundable renewal application fee deposit in an amount established by resolution of the city council must accompany the renewal application or the renewal request. That renewal application fee deposit will cover all anticipated costs associated with reviewing and processing the renewal application including the review of grantee's prior compliance with the franchise, the ascertainment of the community's cable-related needs and interests, the engagement of technical and legal consultants, and expenses related to negotiations and document preparation. If actual costs exceed the renewal application fee deposit, the grantee must pay the difference to the city within 30 days following receipt of an itemized statement of those costs.
(Ord. 568 § 2 (part), 2001).