The franchisee for the initial CATV franchise shall be tentatively selected by the governing body of the county and the governing body of the municipality of Sacramento as a combined issuing authority in accordance with the following procedure.
A public hearing on one or more dates shall be held by the governing body of the county and the governing body of the municipality of Sacramento sitting jointly for the purpose of receiving presentations by the applicants for the franchise and comments from the public. Notice of the time, date, place and purpose of the hearing shall be given in the manner prescribed by Section 5.28.080 of this chapter, and mailed to each applicant.
After the conclusion of the public hearing, balloting for selection of the franchisee shall be conducted jointly by the governing bodies of the municipality of Sacramento and county. The joint balloting shall take place either during the meeting at which the public hearing is closed or during a separately scheduled meeting. In any event, the joint balloting shall be conducted solely during a single meeting of the governing bodies meeting jointly. The failure of a member of either governing body to be present during a portion or the entirety of the public hearing shall not be deemed to disqualify that member from voting in the joint balloting.
During the joint balloting the applicant who first receives three votes by members of the governing body of the county and, during the same balloting, five votes by members of the governing body of the municipality of Sacramento shall be deemed to have been selected as the franchisee for the initial CATV franchise.
The joint balloting shall be conducted as follows:
A. Each member of the governing bodies present shall simultaneously cast a written, secret ballot which contains the name of the voting member and name of the applicant for whom the vote for selection is cast. The clerk of each governing body shall announce the votes immediately following the balloting. The announcement shall include the name of each voter and identification of the applicant for whom the ballot was cast.
B. If as a result of the first balloting, the franchisee is not selected a second balloting shall be conducted in the same manner as the first, and announced in the same manner as the first.
C. If as a result of the second balloting a franchisee has not been selected, a third balloting shall be conducted in the same manner as the first two, with the following exception. The applicant who received the lowest combined number of votes on the second balloting shall be deemed eliminated from competition, and no vote on the third balloting may be cast for that applicant.
D. If as a result of the third balloting a franchisee has not been selected, a fourth balloting shall be conducted in the same manner as the third, with the following exception. The applicant who received the lowest combined number of votes on the third balloting shall also be deemed eliminated from competition, and no vote on the fourth balloting may be cast either for that applicant or the applicant who was eliminated from the third balloting.
E. If as a result of the fourth balloting a franchisee has not been selected, a fifth balloting shall be conducted in the same manner as the fourth, with the following exception. The applicant who received the lowest combined number of votes on the fourth balloting shall also be deemed eliminated from competition, and no vote on the fifth balloting may be cast either for that applicant or the applicants who were eliminated from the third and fourth balloting.
Any member of the governing bodies shall be authorized to cast a vote of abstention during a particular balloting, and such a vote shall not prevent the member from casting a vote in favor of a particular applicant on any later ballot.
If as a result of the fifth balloting a franchisee has not been selected, new balloting shall be conducted in exactly the same manner as prescribed by subsections A through E of this section, and applicants disqualified from competition during balloting initially conducted pursuant to said subsections shall not be disqualified during the subsequent balloting conducted pursuant to said subsections except in accordance with those subsections during the subsequent balloting.
If as a result of the fifth balloting during the subsequent balloting a franchisee has not been selected, further repetitive balloting may be conducted pursuant to the provisions of subsection A of this section. Applicants previously eliminated from competition shall not be deemed eliminated during such further balloting pursuant to subsection A of this section.
The meeting during which the joint balloting occurs shall be subject to periodic recess for periods not exceeding fifteen (15) minutes more or less, in duration, and shall not be subject to continuance to a later time or date. Either governing body shall be authorized to separately adjourn the meeting by an affirmative vote of a majority of the members of that body. If one or both of the governing bodies adjourn the meeting prior to selection of the franchisee, the vote upon the motion for adjournment shall be deemed to constitute a rejection of all applications, and no franchise shall be issued pursuant to that request for proposals. (Prior code § 20.03.210)