§ 113.06  FRANCHISE PROCEDURE.
   (A)   The Village Council may, by advertisement or any other means, solicit and call for application for CATV franchises, and may determine and fix the time for filing such applications.
   (B)   Upon receipt of any application for franchise, in manner, time and form as herein or otherwise provided, the Village Clerk shall forward and deliver same to the Committee.
   (C)   Upon receiving the same from the Village Clerk, as aforesaid, the Committee shall cause such application to be investigated, shall prepare a report of such investigation, shall make its recommendations respecting such application, and shall cause said report and recommendations to be placed upon the agenda of a regular or special session of the Village Council. A copy of such report and recommendations and notice of the date it will be presented to the Village Council shall be mailed or otherwise delivered to the applicant at the address listed in the application. The Village Clerk shall cause notice of such meeting to be published at least once in a newspaper of general circulation in the village, stating the hour, date and place of the meeting, stating that the proposed franchise will be considered, and stating that comments from the public will be heard.
   (D)   The Village Council shall receive the report and recommendations of the Committee, shall consider the same together with such application, and comments of the public and shall make its determination either that such application be accepted upon such terms and conditions as the Village Council shall determine, or that such application be rejected. The Village Council may make its determination at the regular or special session at which the Committee report is received or may defer the decision to a subsequent regular session of the Village Council. In making any determination as to any application, the Council shall consider the quality of the service proposed, the rates to subscribers, income to the village, experience, character and financial responsibility of the applicant and its management and owners, the technical and performance quality of the equipment to be used, the willingness and ability of the applicant to meet construction and physical requirements, policy considerations, franchise limitations and requirements imposed by this subchapter and any other considerations deemed pertinent by the Village Council.
   (E)   If the Village Council shall determine that such application shall be rejected, such determination shall be final and conclusive. If the Village Council shall determine that such application shall be accepted, the Council shall:
      (1)   Decide and specify the terms and conditions of any franchise to be granted hereunder and as herein provided; and
      (2)   Pass an ordinance or resolution granting such franchise, stating the name of the grantee, the character of the franchise and the terms and conditions upon which such franchise is granted.
(Ord. 77, passed 8-6-1981)