(A) Procedures.Application for a franchise hereunder or any renewal thereof shall be in writing accompanied by an application fee of $10,000, and be filed with the city. Notice of intent to renew under the Cable Act shall not be deemed to be an application for a renewal. The application fee shall be for ordinary and reasonable costs which the city will incur in connection with the preparation of an ordinance, related agreements or any renewal thereof. To the extent allowed by law, such fee shall be within the exclusion to the term “franchise fee” as defined in 47 USC 542(g)(2) and shall not be deemed to be part of the franchise fee obligations of grantee pursuant to § 113.017(A) hereof. Application for a franchise hereunder shall contain, at option of the city, the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, executive officers, major stockholders, and the names and addresses of parent and subsidiary companies.
(2) A statement and description of the cable system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system.
(3) A description, in detail, of the streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any cable equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof.
(4) A map specifically showing and delineating the existing and proposed service area or areas within which applicant proposes to provide cable services and for which a franchise is requested.
(5) A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed, or otherwise conveyed over the cable system.
(6) A statement or schedule in a form approved by the City Manager of proposed rates and charges to subscribers for installation and services, and a copy of the proposed subscription agreement between the grantee and its subscribers shall accompany the application.
(7) A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, or conduits.
(8) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed cable operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.
(9) A financial statement prepared by a certified public accountant or person otherwise satisfactory to the city, showing applicant's financial status and his financial ability to complete the construction and installation of the proposed cable system.
(10) The city may at any time demand and applicant shall provide such supplementary, additional or other information as the city may deem reasonably necessary to determine whether the requested franchise should be granted.
(B) Grant to applicant. Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by ordinance or resolution grant a franchise for a cable system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient cable service to television viewers and subscribers in the city. The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.
(C) Franchise agreement.
(1) Any franchise agreement granted pursuant to this chapter shall include the following condition:
“The cable system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Riverbank and no other purpose whatsoever.”
(2) Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter.
(Ord. 94-09, passed 9-12-94)