1. Request for Proposal. In selecting a franchisee pursuant to this chapter, the city shall prepare a request for proposal to seek bids for a broadband telecommunications network to be established by franchise in the city. This request for proposal shall include information and instructions relating to the preparation and filing of proposals.

    2. Applications for a Franchise. Applications for an original franchise grant under this chapter shall be filed with the city clerk in accordance with the filing instructions promulgated by the city and will be accompanied by a bid bond as required in this chapter, and by the payment of a nonrefundable filing fee of five hundred dollars. Such applications shall contain written information, as outlined in the requests for proposals, presented in the specific form required.

    3. Copy Filing. Fifteen copies of the application shall be supplied to the city, each separately bound and containing no information not specifically requested by the city. Supplementary or additional information that the applicant deems reasonable for consideration may be submitted at the same time as the application in the same number of copies. The city may, at its discretion, consider such additional information as part of the application.

    4. Additional Information. The city reserves the right to require any supplementary or additional information it deems necessary in order to make the proper analysis and determination.

    5. Bond. Each applicant for a franchise under this chapter, if required by the city, shall submit a proposal bond in a form acceptable to the city or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the city in an amount of ten thousand dollars.

    6. Refund. Proposal bonds or certified checks received in lieu thereof from applicants whose proposal is not accepted by the city shall be returned to the applicant as soon as the proposal is rejected. The proposal bond of a franchisee shall be returned upon receipt by the city of the performance bond as set forth in this chapter.

    7. Evaluation. Proposals will be evaluated according to the following criteria:

        a. Service Package. Preference will be given to the applicant who proposes the best total service package to the citizens of the city.

        b. Installation Plan. Preference may be given an installation plan that would provide flexibility needed to adjust to new developments, maintenance practices and services that would be available to the subscriber and the community immediately and in the future.

        c. Financial Soundness and Capability. The evidence of financial ability required in the applicant's proposal shall be such as to assure ability to complete the entire system within a maximum of three years of the date of commencement of construction.

        d. Demonstrated Experience in Operating a BTN under City Franchise. Preference may be given upon evidence of the applicant's experience in operating a BTN under city franchise, where such evidence would show or tend to show or confirm the ability of the applicant to furnish sufficient and dependable service to the potential public and private users.

        e. Rate Schedule. Preference may be given to the applicant submitting the most reasonable installation and subscriber rate schedules.

        f. Line Extension Policy. Preference may be given to the applicant submitting the most reasonable line extension policy for the provision of service to those areas of the city not required to be served under the provisions of Section 4.70.180.

    8. After examining all applications submitted pursuant to the prescribed procedures with respect to the applicant's legal, character, financial, technical and other qualifications, including adequacy and feasibility of its construction plans, and after reviewing the recommendations of the staff, the council shall select the person who they consider has presented a proposal which will best serve the interests of the city and shall submit the question of granting to this person a nonexclusive franchise, pursuant to the terms of this chapter, to the citizens of Sioux City for their approval either at a special or general election.  However, no provision of this chapter shall be deemed or construed as to require the council to submit to a vote any prospective franchisee following the receipt of any franchise application(s).  (Ord. S-35454, 1978)