4.10.025 Selection of franchise.
A. If the council finds it in the best interests of the City to grant a franchise for a system, the procedures of this section shall be followed. On motion of the council, the city manager shall prepare a request for proposal (hereafter referred to as an “RFP”) containing at least the following:
1. information and instructions relating to the preparation and filing of bid proposals;
2. requirements regarding the development, operation and regulation of a system, including, but not limited to the following:
a. the length, renewal and transfer or assignment of the franchise, including foreclosure and receivership provisions,
b. a description of the franchise territory and the extension of service,
c. the system design, including channel capacity, channel uses, access programming facilities, specialized services, point to point service, two-way provisions, subscriber privacy, interconnection of systems, and underground and aboveground installation requirements,
d. technical performance standards,
e. records and reporting,
f. indemnification, insurance, and liability for damages; and
g. provision of an option for the City to acquire the system upon revocation or expiration of the franchise;
3. criteria to be used in evaluating applicant proposals.
B. The council, by resolution, may:
1. approve the RFP as proposed, or modify or otherwise make amendments to it as necessary;
2. authorize the city manager to seek bids for a system pursuant to the RFP.
C. The city manager may employ the services of a technical consultant, as necessary, to assist in the analysis of any matter relative to the RFP and to the evaluation of any bid.
D. The city manager shall prepare an evaluation of the bids received, and shall submit the evaluation to the council together with any recommendations. The evaluation shall be made available to the public for inspection.
E. The council may award a franchise to an applicant only after a public hearing on the application and bid, notice of which shall be published in a local newspaper of general circulation in the City at least ten days prior to the date of the hearing. All applicants shall be notified by mail of the public hearing; provided, however, that no defect in the notice or failure to notify shall invalidate the franchise awarded.
F. No franchise or franchise award shall be deemed final until passage of a resolution containing the terms and conditions of the franchise. The franchisee shall bear the costs of all publications and notices given in connection with the award of the franchise. [BC 4.10.025, amended by Ordinance No. 4794, 12/1/20]