(a) Application for a franchise hereunder shall be in writing, shall be filed with the Auditor and shall contain 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, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies.
(2) A statement that the applicant gives full assurance that the proposed CATV system and its various components will be constructed, maintained and/or operated in a manner acceptable to the provision of the Federal Communications Commission's Technical Standards.
(3) A general description of the public streets, public places and proposed public streets within which the applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities and a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein.
(4) A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested.
(5) A statement or schedule in a form approved by the Director of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than 150 feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the City, service may be made available on the basis of cost of materials, labor and easements if required by the grantee, unless unusual circumstances exist.
(6) 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.
(7) 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 CATV 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.
(8) A financial statement prepared by a certified public accountant or person otherwise satisfactory to Council, showing the applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system.
(9) Council may at any time demand, and the applicant shall provide, such supplementary, additional or other information as Council may deem reasonably necessary to determine whether the requested franchise should be granted.
(b) Upon consideration of any such application, Council may refuse to grant the requested franchise or Council may, by ordinance, grant a franchise for a CATV system to any such applicant as may appear from such application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. Council's decision in the matter shall be final.
The grantee, by its acceptance of the franchise, specifically grants and agrees that its application to provide cable television services to the City, is thereby incorporated by reference and made a part of the franchise. Grantee thereby agrees to provide all services set forth in its application. In the event of a conflict between such application and the provisions of this chapter, that provision which provides the greatest benefit to the City, in the opinion of Council, shall prevail.
Failure to provide the services promised in grantee's application as incorporated herein shall be deemed a material violation of this chapter for which the provisions of Section 711.05 shall apply.
(c) Any franchise granted pursuant to this chapter shall include the following condition:
"The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City and no other purpose whatsoever."
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. 19-77. Passed 7-18-77; Ord. 31-78. Passed 8-21-78.)