A. Receipt Of Application: Applications received by the village from the applicants for an initial franchise agreement will become the sole property of the village.
B. Rejection Of Application: The village reserves the right to reject any and all applications and waive informalities and/or technicalities where the best interest of the village may be served.
C. Questions: All questions regarding the meaning or intent of this section or application documents shall be submitted to the village in writing. Replies will be issued to and provided to all parties recorded by the village as having received the application documents.
D. Prior To Submittal: The village shall require the submission of applications for a franchise under this chapter. Initial applications for a franchise shall include at a minimum:
1. A clear and precise description of the identity of the applicant, including, but not limited to, the name of the applicant, the address of the applicant, a description of that type of business entity which characterizes the applicant, a statement of those persons who hold ownership of more than five percent of the stock of the business entity of the applicant, or more than five percent of the partnership holdings if the entity is a partnership, a description of the major activities of the business entity of the applicant, and evidence of the compliance of the business entity of the applicant with all applicable federal, state, and local laws. Applicants shall also provide a detailed corporate structure of the applicant including identities of parent and subsidiary corporations or partnership and the identities of all officers and directors of the applicant.
2. Plans and specifications relating to all aspects of the applicant's proposed cable system, as are applicable to the building and zoning laws of the village.
3. Projected financial pro forma for system revenue, expenditures, debt servicing, and operation for a period of no less than ten years, and evidence of financial responsibility in the form specified by this chapter.
4. Financial statements, annual corporate reports and balance sheets, profit and loss statements for no less than the previous two years.
5. Written documentation of financial support from a financial institution for issuance of any loans, bonds, notes, or other related instruments to the applicant for the purpose of defraying the costs of construction or operation.
6. A prepaid nonrefundable application fee shall be paid to the village in an amount not to exceed twenty five thousand dollars, to be charged against the actual costs incurred by the village. The fee shall be used by the village solely to offset direct expenses incurred in the evaluation and awarding of the franchise sought by said application issued pursuant to this chapter.
7. Detailed plans and specifications for the cable system which are proposed by the applicant showing the routing of trunk and feeder cables and, if applicable, nodes, reflected by the maps provided, and a schedule for cable system construction.
8. A statement of applicant's technical service and repair capabilities within the village, and customer service operations for the community.
9. A listing of all franchises wholly or partially owned by the applicant or applicant's business entity within the state of Illinois, and date of expiration for each such franchise.
a. Disclosure Of Pending Applications: Applicants, including all shareholders and parties with any interest in the applicant, shall disclose any information required by the application documents regarding pending applications for other cable systems, including, but not limited to, the following:
(1) Location of other franchise applications and date of application for each system;
(2) Estimated dates of franchise awards;
(3) Estimated number of miles of construction; and
(4) Estimated construction costs.
b. Disclosure Of Other Cable Systems: Applicants, including all shareholders and parties with any interest in the applicant, shall disclose any information required by the application documents regarding other cable systems in which they hold an interest of any nature, including, but not limited to, the following:
(1) Locations of all other franchises and the dates of award for each location;
(2) Estimated construction costs and estimated completion dates for each system;
(3) Estimated number of miles of construction and number of miles completed in each system as of the date of this application; and
(4) Date for completion of construction as promised in the application for each system.
10. A statement by the applicant indicating if a franchise held by the applicant or applicant's business entity has been revoked or denied renewal. Such statement shall also include representations that the owners, partners, operating officers, principals, or principal stockholders holding more than five percent of the applicant's business entity have not been convicted of a crime, or have been placed under investigation or indictment for alleged illegal or improper activities by any state investigative agency, or federal investigative or regulatory agency, including, but not limited to, the U.S. department of justice, federal communications commission, securities and exchange commission, or the federal trade commission.
E. Additional Requirements: Prior to submitting a bid, the applicant shall:
1. Examine this section and the application documents thoroughly;
2. Familiarize himself/herself with local conditions that may in any manner affect performance under the franchise;
3. Familiarize himself/herself with federal, state and local laws, ordinances, rules and regulations affecting performance under the franchise.
F. Investigations: The village may make such investigations as it deems necessary to determine the ability of the applicant to perform under the franchise, and the applicant shall furnish to the village all such information and data for this purpose as the village may request. The village reserves the right to reject any bid if the evidence submitted by or investigation of such applicant fails to satisfy the village that such applicant is properly qualified to carry out the obligations of the franchise and to complete the work contemplated therein. Conditional bids will not be accepted.
G. System Disclosure: No initial franchise will be granted to any applicant until all requirements and demands of the village regarding financial, contractual, shareholder and system disclosure have been met.
H. Contract Disclosure: Applicants, including all shareholders and parties with any interest in the applicant, shall fully disclose all agreements and undertakings, whether written or oral or implied with any person, firm, group, association or corporation with respect to the franchise and the proposed cable television system. The grantee of a franchise shall disclose all other contracts to the village as the contracts are made. This section shall include, but not be limited to, any agreements between local applicants and national companies.
I. Submittal Of Requested Information: Applicants, including all shareholders and parties with any interest in the applicant, shall submit all requested information as provided by the terms of this section or the application documents, which are incorporated herein by reference. The requested information must be complete and verified as true by the applicant.
J. Disclosure Of Stocks: Applicants, including all shareholders and parties with any interest in the applicant, shall disclose the numbers of shares of stock and the holders thereof and shall include the amount of consideration for each share of stock and the nature of the consideration. (Ord. 2901, 11-13-2000)