The City Commission may award a franchise to an applicant only after
a public hearing on the application and proposal, notice of which hearing
shall be published in a local newspaper of general circulation at least 20
days prior to the date of the hearing. The City Commission may reject all
applicants.
[Amended 6-16-1997 by Ord. No. 97-7]
All proposals shall be submitted in writing and shall be accompanied
by a nonrefundable fee of $6,000. If the City issues an RFP with respect to
a grant of a franchise, all proposals shall contain the information called
for by the RFP in the manner prescribed by the RFP.
A.
Such proposals may 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 for the applicant's last
fiscal year together with 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.
B.
An RFP, if issued, shall consist of an application which
may be adopted by City Commission resolution.
C.
The City 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 City 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 City may deem proper. In such cases
the applicant shall furnish the City 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 City remain knowledgeable regarding the 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 City or by any 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 shall constitute a
fraud upon the City.
[Amended 6-16-1997 by Ord. No. 97-7]
The award of a franchise to an applicant shall be based upon the information
contained in the applicant's proposal and such other relevant information
as may be obtained by the City regarding such applicants and the proposals.
Such award shall be based upon the criteria set forth below together with
such other factors as the City may deem relevant.
A.
The experience of the applicant in the cable communications
field and the credentials of its owners and managers.
B.
The applicant's financial resources, including both present
financial condition and the availability of committed funding to finance the
applicant's proposed system; and the specificity and credibility of the applicant's
projections of the revenue and expenses attributable to the construction and
operation of the system.
C.
The applicant's system design including channel capacity
and ability to provide a broad range of services in conformity with the highest
quality standards of the cable industry.
D.
The applicant's response to specific local concerns or
needs, whether formulated by the City and made known to applicants or whether
ascertained by the applicant.
E.
The extent to which the applicant meets community needs,
including such factors as enhancing competition and customer choice.
