San Jose Municipal Code Part 3 Application for Franchise

All applications for franchises under the provisions of this chapter shall be in writing and shall be filed in the office of the city clerk.

(Ord. 20601.)

A. Each application for a franchise shall contain the following information:

1. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies.

2. A statement of the category of franchise applied for as listed in Section 15.36.190, and a general description of what applicant proposes to do pursuant to the requested franchise.

3. A statement of the zone or zones in which the applicant proposes to perform services in connection with police-generated tows for the police department, including a map of the proposed service area and location of business and storage facilities.

4. A detailed description of all offices, storage yards, garages, and such other facilities as the council may require for operation of the franchise.

5. A financial statement prepared by a certified public accountant, or otherwise satisfactory to the council, showing applicant's financial status and his financial ability to provide the city with adequate service and to maintain, install, or complete any requirements for office or storage facilities.

6. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed tow car operation. If a franchise is granted to a person, firm, group or corporation posing as a front or as the representative of another person, firm, group or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.

B. The council may at any time demand, and applicant shall provide, such supplementary, additional or other information as the council may deem reasonably necessary to determine whether the requested franchise should be granted.

(Ord. 20601.)

Upon receiving an application for a franchise under the provisions of this chapter, the city clerk shall present the same to the council at the next regular meeting. The council shall thereupon, or within a reasonable time thereafter, pass resolution giving notice of the application and of the time and place of a public hearing thereon. The resolution shall give notice that an application has been filed for police-generated tow franchise under and pursuant to the provisions of this chapter, shall refer to the application on file in the office of the city clerk for full information respecting such application, and shall contain a notice of the time and place the council will hear persons desiring to be heard in favor of or in opposition to the granting of a franchise to applicant.

(Ord. 20601.)

The hearing on an application for a franchise shall be held not earlier than the fourteenth day immediately following the date of adoption of the resolution giving notice of the application. The city clerk shall cause the resolution giving notice of the application and of the time and place of hearing thereon to be published in a newspaper of general circulation in the city at least twice, the first publication to be not later than the tenth day immediately preceding the date of hearing.

(Ord. 20601.)

At the hearing on an application for a franchise, the council shall give all persons desiring to be heard a reasonable opportunity to present evidence or to be otherwise heard in favor of or in opposition to the granting of a franchise to the applicant. At such hearing, the council may demand such additional information as it may deem relevant and necessary. The hearing may be continued or adjourned, from time to time, to a stated time and place without the giving of further notice.

(Ord. 20601.)

A. Upon conclusion of the hearing on the application for a franchise, or within a reasonable time thereafter, the council shall render its decision thereon. If it deems such action to be for the public good, it may refuse to grant the requested franchise, or it may, by ordinance, grant the same, or it may, by ordinance, grant to any other applicant such police-generated tow franchise as it may deem to be for the public good, subject to such terms, conditions, rules, regulations, restrictions and limitations, governmental or contractual in nature, as it may deem advisable to protect citizens or to promote the efficient conduct of official police business, to preserve the rights and interests of the city in its streets and public places, and to otherwise protect the interests of the city and its people.

B. In making its decision, the council may consider whether the applicant is qualified, or better qualified than others, to render prompt and efficient police-generated tow service to citizens; quality of service; compliance with rate resolutions adopted by the council; income to the city; experience and financial responsibility of the applicant; and any other consideration that will safeguard the city's public interest.

C. The police-generated tow franchise granted by the council to the applicant need not be identical to or the same as that requested by applicant, but may vary or be different therefrom. For example, the rights or privileges granted thereby may be less or more limited than those requested by applicant.

D. No franchise shall be granted except by ordinance. No franchise shall become effective unless and until all things required by the provisions of Part 4 of this chapter have been done and completed.

(Ord. 20601.)