(a) The authority to approve or deny an application for a permit under this chapter is delegated to the City Manager.
(b) Except as otherwise provided in this chapter, the City Manager shall, upon application, grant a provider a permit for access to and the ongoing use of all public rights-of-way located within its municipal boundaries. The City Manager shall act reasonably and promptly on all applications filed for a permit involving an easement or public place.
(c) The City Manager shall approve or deny access to a public right-of-way within 45 days from the date a provider files an application for a permit for access to a public right-of-way. A provider's right to access and use a public right-of-way shall not be unreasonably denied by the City Manager. The City Clerk shall notify the MPSC when the City Manager grants or denies a permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied.
(d) Nothing in this section shall limit the City Manager's right to review and approve a provider's access to and ongoing use of a public right-of-way or limit the City Manager's authority to ensure and protect and the public health, safety and welfare.
(e) The City Manager may require, as a condition of the permit, that a bond be posted by the provider, which shall not exceed the reasonable cost to insure that the public right-of-way is returned to its original condition during and after the provider's access and use.
(f) Any conditions imposed by the City Manager on a permit granted under this chapter shall be limited to the provider's access and usage of any public right-of-way.
(g) If an application for permit is approved, the City Manager shall issue a permit in a form approved by the MPSC, unless otherwise agreed to by the parties, with or without additional or different permit terms as allowed by the Act.
(Ord. 15-02. Passed 10-15-02.)