The terms of this article shall not apply to applications for renewal of a franchise.
(Ord. 993 § 1, 1994)
Any person desiring a franchise for a cable television system shall file an application with the city. A nonrefundable application fee established by the city shall accompany the application to cover all 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 operation expenses. In the event such costs exceed the application fee, the applicant shall pay the difference to the city within thirty days following receipt of an itemized statement of such costs from the city. In the event such application fee exceeds the amount of such costs, the city shall refund the amount of the excess to the applicant within thirty days following completion of the proceedings relating to such application.
(Ord. 993 § 1, 1994)
An application for a franchise for a cable television system shall contain, where applicable:
A. 
Designation of specific area to be served by franchise;
B. 
Resume of prior history of applicant, including the expertise of applicant in the cable television field;
C. 
List of the partners, general and limited, if the applicant is a partnership and a list of the persons and/or entities involved if the applicant is a joint venture;
D. 
List of the names and addresses of stockholders of applicant and percentage of stock owned or controlled by each shareholder. List shall include all persons having a legal or equitable interest in five percent or more of its voting stock;
E. 
List of officers, directors and managing employees of applicant, together with a description of education and business background of each such person;
F. 
A current financial statement of applicant verified by a CPA audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the city;
G. 
Proposed construction schedule, providing for at least thirty-three and one-third percent construction per year for three years;
H. 
Street map of area to be served showing the location of proposed or existing head-end site (antenna site) and business office;
I. 
Legal description of area to be served;
J. 
Proposed rates and charges to be charged subscribers;
K. 
Itemized electronic equipment to be used, channels to be provided, pay TV, or additional services and type of converter;
L. 
Technical market survey of area and economic analysis including number of homes, population, income bracket and percent of those requesting and those projected or estimated to request service, if available;
M. 
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;
N. 
A signed statement by an officer indicating whether any principal, officer, director or managing employee:
1. 
Has ever been convicted or held liable for acts involving moral turpitude (including, but not limited to, charges sustained before any federal or state agency, or violation of any tax or securities law), or is presently under any indictment, investigation or complaint charging any such acts;
2. 
Has ever had a judgment in an action for fraud, deceit or misrepresentation entered against it, or them by any court of competent jurisdiction; or
3. 
Has pending any legal claim, lawsuit or administrative proceeding arising out of or involving a cable television system; and
O. 
Any reasonable additional requirements or information that the city deems to be applicable.
(Ord. 993 § 1, 1994)
A. 
The council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify, the soliciting, calling for, making and receiving of such applications.
B. 
Upon receipt of any application for a franchise, the council shall refer the same to the city manager, who shall prepare a report and make his or her recommendations respecting such application.
C. 
The city clerk shall set applications for hearing at a time and date approved by the city council.
(Ord. 993 § 1, 1994)
Not less than fifteen days before the hearing, the city clerk shall give notice to the applicant in writing of the time, date and place of hearing. The city clerk shall serve such notice upon the applicant either by first-class mail, postage prepaid, or by personal delivery thereof to the applicant.
(Ord. 993 § 1, 1994)
The city clerk shall cause a notice to be posted in three places within the area to be served stating the time, date and place of a hearing not less than fifteen days prior to the hearing. The city clerk shall publish in a newspaper of general circulation circulated within the area to be served and pursuant to Section 6006 of the Government Code the same notice is required to be posted.
(Ord. 993 § 1, 1994)
Any person interested, any time after the filing of an application as provided in this chapter, and prior to the hearing thereon, may file with the city clerk written comments, protests, and/or suggestions, either for or against the granting of the franchise or to suggest any terms and conditions which should be included in the franchise.
(Ord. 993 § 1, 1994)
At the time and place set for the hearing or at the time and place to which the hearing may be continued by the council, the council shall hear the applicant, who may present any relevant evidence to show why the franchise should be granted, why certain terms or conditions should be imposed or not imposed on such franchise if granted, and also shall hear testimony or statements of other persons who may attend the hearing.
(Ord. 993 § 1, 1994)
Within thirty days after the close of the hearing, the council shall make a decision based on the evidence received at the hearing as to whether or not the application 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. The council shall send a copy of its decision to the applicant.
(Ord. 993 § 1, 1994)