§ 9-404. APPLICATION FOR FRANCHISE.

All applications to construct, operate, or maintain any utility in this city shall be filed with the City Clerk, and each such application shall set forth, contain, or be accompanied by the following:

(a) The name, address, and telephone number of the applicant.

(b) A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following:

(1) The names, residence addresses and business addresses of all officers, directors, and associates of the applicant.

(2) The names, residence addresses and business addresses of all persons and entities having, controlling, or being entitled to have or control five per cent or more of the ownership of the applicant and the respective ownership share of each such person or entity.

(3) The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, all similar systems owned or controlled by the applicant, its parent or subsidiary and the areas served thereby.

(4) A detailed description of all previous experience of the applicant in providing the same service or related or similar services.

(5) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the Council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the city, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system or enlargement thereof in this city.

(6) A statement identifying, by place and date, any other franchise(s) awarded to the applicant, its parent or subsidiary; the status of said franchise(s) with respect to completion thereof; the total cost of completion of such system(s); and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof.

(c) A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:

(1) A detailed map indicating all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served.

(2) A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of any said classifications, including installation charges, service charges, and special, extraordinary, or other charges. The purchase price, terms and nature of any optional or required equipment, device, or other thing to be offered for sale to any subscriber shall be described and explained in detail.

(3) A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant. In no event shall said operational and performance standards be less than those contained in any city standard specifications as the same may be amended from time to time.

(d) A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber.

(e) A copy of any agreement covering the service area, if existing between the applicant and any public utility subject to regulation by the California Public Utilities Commission, providing for the use of any facilities of the public utility, including, but not limited to, poles, lines, or conduits.

(f) Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the CAO.

(g) An application fee in the sum of one hundred dollars ($100.00), which shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, and which shall be in consideration thereof and not returnable or refundable in whole or in part; provided, that any applicant who shall deliver to the City Clerk a written withdrawal of or cancellation of any application hereunder, not later than the seventh day next following the day such application is received by the City Clerk, shall be entitled to have returned and refunded the sum of fifty dollars ($50.00). (Added Ord. 79-174, § 1, eff. 11-30-79).