Ordinance 1138-85 - Laserfiche WebLink

Section 4. Rules and Regulations by City. In addition to the inherent powers of the City to regulate and control any Franchise it issues, the authority granted to it by the Act, and those powers expressly reserved by the City, or agreed to and provided for in a Franchise, the right and power is hereby reserved by the City to promulgate such additional reasonable regulations as it may find necessary in the exercise of its lawful powers and in furtherance of the terms and conditions of the Franchise agreement and this Ordinance, and as permitted by applicable state and federal law. City and Franchisee each agree that due process requirements shall apply to any proceeding under this Ordinance or any Franchise granted pursuant to this Ordinance. Section 5. Franchise Enforcement. The City Council reserves the right to delegate its authority for Franchise administration and enforcement to a designated agent. Section 6. Application. An Applicant for a Franchise to construct, operate, or maintain a Cable Communications System within the City shall file an application in a form satisfactory to the City, providing sufficient information as required by the City or its designee. Section 7. Hearing. After the application from a prospective Franchisee has been received, the City Council shall conduct a public hearing to determine the following: (a ) Public Benefit. That the public will be benefited by the granting of a Franchise to the Applicant. (b) Franchisee ' s Qualifications. That the Applicant has requisite financial and technical resources and capabilities to build, operate and maintain a Cable Communications System in the City. (c) No Conflicting Interests. That the Applicant has no conflicting interests, either financial or commercial, which will be contrary to the interests of the City. (d) Compliance with Ordinance. That the Applicant will comply with all terms and conditions placed upon the Franchisee by this Ordinance. (e) Compliance with Other Requirements. That the Applicant is capable of complying with all relevant federal, state and local regulations pertaining to the construction, operation and maintenance of the facili- ties and systems incorporated in its application for a Franchise. Section 8. Acceptance. No Franchise granted pursuant to the provisions of this Ordinance shall become effective unless and until the Ordinance granting same has become effective. Within thirty (30) days after the effective date of the Ordinance awarding a Franchise, or within such extended period of time as the Council in its discretion may authorize, the Franchisee shall file with the City Clerk its written acceptance, in form satisfactory to the City Attorney, of the Franchise, together with the bond and insurance policies required by Sections 46 and 47 herein. ORDINANCE - 5 5-21-85