Negotiation and grant of a non-exclusive franchise shall comply with the following procedural requirements:
(A) Each applicant for a franchise shall submit the following to the city:
(1) A written request and application for franchise to the City Manager or the City Manager's designee (collectively, "City Manager") in a form prescribed by the City Manager;
(2) A proposal identifying the requested use of the public right-of-way, proposed locations (identified on plan sheets ready to be submitted for plan check to the Public Works Department) of right-of-way occupation, any necessary buffers or clearances needed to assure access and prevent interferences, method of construction, time of construction, recycling of construction material and waste, hours of operation, resources and procedures for maintenance, the amount and method of compensation to the city, and the initial term of the proposed franchise and any renewal, if applicable; and
(3) All applicable fees required by ordinance or resolution of the City Council.
(B) The City Manager shall negotiate a franchise agreement between the applicant and the city. The applicant shall sign the franchise agreement indicating acceptance of the terms prior to submission to City Council for consideration and, if appropriate, approval.
(C) The City Council shall hold a public hearing to consider awarding a franchise, consistent with the notice, bidding and the public hearing requirements of Article XXI of the Alhambra City Charter.
(D) The City Council may approve and accept the franchise agreement and grant the franchise by ordinance, deny the application for franchise, or continue the decision to grant the franchise and return the franchise agreement with direction for further negotiation between city staff and the applicant. No franchise may be awarded prior to 30 days after it is first introduced at a public meeting of the City Council.
(E) The city specifically reserves the right to grant, at any time, such additional franchises pursuant to this chapter as it deems appropriate. Additional franchises shall not be deemed to modify, revoke, terminate or damage any rights previously granted to any other franchisee.
(F) In the event a franchise application is filed proposing to install facilities within a franchise territory which overlaps in whole or in part an existing franchised area, a copy shall be served by the applicant by certified mail upon the current franchisee(s). Applicant shall notify franchisee(s) of existing overlapping territory. Proof that a copy of the application has been served upon the current franchisee(s) shall be provided to the city. No application for overlapping territory shall be processed until proof of service has been furnished to the city. It is not the intent of this chapter to either require or prohibit overbuilding.
(G) Applications for new, renewed or amended franchises shall be made in such form as the city may prescribe. New, renewed or amended franchises which expand scope of service shall be accompanied by a non-refundable application fee.
(Ord. 4387, passed 1-24-00) Penalty, see § 4.06.120