(A) The city may grant a franchise for a period not to exceed 15 years to serve the city.
(B) The city may make the grant of a franchise conditioned upon the completion of construction within a prescribed time or upon the performance of other specific obligations, specifying in the franchise agreement that failure to timely comply with the condition 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.
(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 franchise application.
(E) If the Council grants a franchise application, the City Attorney and the applicant must agree on the terms of a franchise agreement within 90 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 City Attorney within 90 calendar days or if the period is not extended by the Council, the franchise grant will be null and void without further action by the city.
(F) The text of a proposed franchise agreement must be made available by the city to the public and advertised as required by city procedure.
(G) After complying with the requirements of divisions (C) through (F) above, the Council shall, following a public hearing, approve or disapprove the proposed franchise agreement by resolution.
(H) The grant of an initial franchise or a renewed franchise shall be subject to a franchise acceptance fee in an amount not to exceed the city's out of pocket costs in considering the application. Within 30 calendar days of the date 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 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. 89-15, passed 5-8-89; Am. Ord. 12-49, passed 9-10-12)