5.52.040 Franchise applications and renewal.
A. Filing of Applications. Any person desiring an initial franchise for a cable system shall file an application with the city. A reasonable nonrefundable initial application fee established by the city shall accompany the initial franchise application to cover all validly documented reasonable costs associated with processing and reviewing the application, including without limitation costs of administrative review, financial, legal and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication requirements with respect to the consideration of the application and document preparation expenses. In the event such validly documented reasonable costs exceed the application fee, the selected applicant(s) shall pay the difference to the city within thirty days following receipt of an itemized statement of such costs.
B. Applications—Contents. An application for an initial franchise for a cable system shall contain, where applicable:
1. A statement as to the proposed franchise and service area;
2. Resume of prior history of applicant, including the expertise of applicant in the cable television field;
3. List of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a corporation;
4. List of officers, directors and managing employees of applicant, together with a description of the background of each such person;
5. The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant;
6. A current financial statement of applicant verified by a certified public accountant audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the city;
7. Proposed construction and service schedule;
8. Any reasonable relevant additional information that the city deems applicable.
C. Consideration of Initial Applications.
1. Upon receipt of any application for an initial franchise, the city manager or a delegate shall prepare a report and make recommendations respecting such application to the council.
2. A public hearing shall be set prior to any initial franchise grant, at a time and date approved by the council. Within thirty days after the close of the hearing, the council shall make a decision based upon the evidence received at the hearing as to whether or not the initial franchise(s) should be granted, and, if granted, subject to what conditions. The council may grant one or more franchises, or may decline to grant any franchise.
D. Franchise Renewal. Franchise renewals shall be in accordance with applicable law. Grantor and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. (Ord. 98-09 § 1, 1998)