Council decision - Criteria for consideration - Granting of franchise - Conditions.

San José Municipal Code § 15.36.250

in effect

15.36.250 - Council decision - Criteria for consideration - Granting of franchise - Conditions. 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.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT15PUUT_CH15.36FRPONETO_PT3APFR_15.36.250CODERICORAFRONFetched: 11/1/2026