All proposals shall be submitted in writing and shall be accompanied by a nonrefundable fee in an amount to be determined by the Village Council. All proposals shall contain the information required by the Village, either in an RFP or otherwise.
(a) Such information shall include, without limitation, the following:
(1) Information regarding the identity of the applicant;
(2) Biographical data of the applicant's principal owners and proposed management, including the experience of such persons in the cable communications field;
(3) Audited financial statements or the applicant's most current interim financial statements, which interim statements need not be audited but which shall be reviewed by a certified public accountant in accordance with standards established by the American Institute of Certified Public Accountants and which interim statements shall be accompanied by the accountant's report thereon;
(4) A financing plan for the proposed system and a projection, covering the term of the franchise, of revenue and expense in sufficient detail to permit a determination to be made of the financial viability of the applicant's proposal;
(5) A detailed description of the system and facilities proposed for the Village, including the matters to which a response is specifically required by applicable sections of this chapter, and including a schedule of projected rates for all charges and fees to subscribers;
(6) A detailed timetable for the construction and commencement of operation of the system, including the matters to which a response is specifically required by applicable sections of this chapter.
(b) A new or renewal franchise may be adopted, amended or extended by resolution or ordinance as may be required by local law.
(c) The village shall be entitled to verify any information furnished by the applicant in response to the RFP or in response to other requests for information regarding the applicant and the applicant's affairs. The Village may exercise such right by requiring reports from the applicant, or from third parties having knowledge of the applicant, or by conducting such other kinds of investigation as the Village may deem proper. In such cases the applicant shall furnish the village with such written authorization regarding release of information as may be necessary to carry out the intent and purpose of the foregoing provisions. All of the foregoing provisions shall also be applicable to a Grantee as well as an applicant, it being deemed to be in the public interest that the Village remain knowledgeable regarding Grantee and the operation of the system throughout the term of the franchise.
(d) No applicant, nor any person on behalf of any applicant, shall, in responding to an RFP or in responding to any other request for information by the Village or by any other officer or agency thereof, make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading. A violation of this provision constitutes a fraud upon the Village.
(Ord. 141. Passed 2-12-03.)