(A) Upon receipt of a completed application for a right-of-way agreement and consideration thereof, the City Council may grant or deny the requested right-of-way agreement. If the right-of-way agreement is granted, the application submitted shall constitute and form part of the right-of-way agreement as executed. If the application is denied, the City Council shall adopt a resolution setting forth the reason(s) for denial. The City Council’s decision in the matter shall be final.
(B) In considering whether to grant or deny a requested right-of-way agreement, the City Council shall apply the following criteria:
(1) The applicant’s ability to install and maintain the facilities described in the application;
(2) The capacity of the public rights-of-way identified in the application to accommodate the applicant’s proposed facilities and any foreseeable additional facilities of the applicant or other licensees which may need to be accommodated;
(3) The city’s future plans for the affected public rights-of-way;
(4) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping by the proposed use;
(5) The availability of existing or future alternate routes or locations for the applicant’s proposed facilities;
(6) Any licenses, permits or franchises received by the applicant from the Federal Communications Commission, the California Public Utilities Commission or any other federal or state regulatory commission or agency having jurisdiction concerning any matters affecting the applicant’s proposed activities or facilities;
(7) Any other consideration deemed pertinent for safeguarding the health and safety of the city and the public.
(C) If a right-of-way agreement is approved, the right-of-way agreement shall not be effective unless and until the city and licensee have executed a written document that memorializes the right-of-way agreement and contains, at a minimum, the following:
(1) The purpose(s) and use(s) of the public rights-of-way authorized by the right-of-way agreement;
(2) The right of the city to audit licensee to ensure such purposes and uses have not been violated;
(3) The terms and conditions for the licensee’s use of the public rights-of-way, including all conditions imposed by the City Council in its approval of the right-of-way agreement;
(4) The right-of-way usage fee, if any, or the methodology for determining the fee to be paid to the city by licensee pursuant to § 12.32.100;
(5) Incorporation of the provisions of this chapter and licensee’s right-of-way agreement application;
(6) Any other material term determined to be necessary or prudent by the city.
(`78 Code, § 12.32.070.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)