13.12.065   Procedures for award of franchise.
   A.   Franchise renewals shall be governed by Section 13.12.212. In cases of original franchise awards, the council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making and receiving of such applications.
   B.   If the council shall determine to further consider the application(s), it shall set a public hearing for the consideration of competing applications; fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objections may file written protests and/or appear before the council and be heard, and directing the city clerk to publish said resolution in a newspaper of general circulation at least once not less than ten days prior to such public hearing.
   C.   In making any determination hereunder as to any application, the council may give due consideration to the quality of the service proposed, rates to subscribers, income to the city, experience, character, background, and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and other deadlines, and to abide by policy decisions, franchise requirements, and any other considerations deemed pertinent by the council for safeguarding and promoting the interests of the city and the public.
   D.   At the time set for the hearing, or at any adjournment thereof, the council shall proceed to hear all written protests and/or support. Thereafter, the council shall make one of the following determinations:
   1.   That such application(s) be denied, which determination shall be final and conclusive; or
   2.   That the city enter into negotiations for the determination of the terms of the final award of a franchise with one or more of the applicants, and that the time for such negotiations be limited to a time not to exceed ninety days and that such terms and conditions shall first be approved by council.
   E.   At the conclusion of said negotiations or after expiration of the ninety days, whichever shall first occur, if the council shall determine to further consider the application(s), the council shall hold a public hearing in accordance with all the procedures set forth herein, and, at the conclusion of said hearing, after giving due consideration to those factors specified herein, the council may:
   1.   Award a nonexclusive franchise to one or more of the applicants; or
   2.   Reject all applications and request new and/or additional proposals.
   F.   The council may at any time demand and applicant(s) shall provide such supplementary, additional or other information as the council may deem reasonably necessary to determine whether the requested franchise should be granted.
   G.   The city council may waive any and all provision(s) of this section.
(Ord. 85-07-950 § 1 (part))