757.02 GRANT OF AUTHORITY; PUBLIC HEARING.
   (a)   Council, after a full public hearing affording due process wherein it has:
      (1)   Received and considered any recommendations received in connection with the terms and provisions of this chapter, and
      (2)   Examined and approved the grantee's legal, financial, technical and other qualifications, is hereby authorized to grant a non-exclusive franchise conveying the right to construct and operate a cable television system within the public ways of the City to the currently franchised grantee or to an applicant which in its judgment will best serve the public interest, and whose construction and financial plans and arrangements are both feasible and adequate to fulfill the conditions set forth in this chapter or incorporated into the franchise agreement awarding the franchise to a grantee. However, no provision of this chapter shall be deemed or construed as to require Council to grant a franchise.
   (b)   Council shall have the right to invite applications to construct and/or operate a cable television system within the public ways of the City. Such invitations shall be accompanied by an application form furnished by the City. All applications for a cable television franchise shall be submitted to the Mayor in accordance with the procedures and schedule to be established and published by Council. The application will request facts Council deems appropriate and shall be accompanied by a nonrefundable fee of five hundred dollars ($500.00) to the order of the City of Zanesville which amount shall be used to partially offset any direct and indirect costs and expenses incurred by the City in granting a franchise.
   Nothing herein shall be construed as requiring Council to invite applications for a franchise if a franchise is currently held by a grantee operating a cable television system within the City in accordance with the terms and conditions of an existing franchise.
   (c)   The grantee to whom Council grants a non-exclusive franchise shall pay to the City at the time the grantee files the written instrument specified in Section 757.06(j), the amount of five hundred dollars ($500.00). Such payment shall also be nonrefundable, shall be made to the order of the City of Zanesville and shall be used to offset the direct costs incurred by the City in granting the franchise.
(Ord. 76-146. Passed 12-13-76.)