(A) Applications for a general right-of-way permit by a holder of a service agreement shall be filed in such form and in such manner as the service agreement requires. There shall be no application fee. Any person holding a valid service agreement shall be granted a general right-of-way permit. Such general right-of-way permit shall be valid so long as the underlying service agreement is valid and the applicable provisions of that service agreement, the general right-of-way permit and of this chapter are complied with; provided, however, that such general right-of-way permit shall only entitle the permittee to utilize the rights-of-way, in accordance with this chapter, for purposes directly related to the provision of the specific services for which it has a service agreement. Any other right-of-way use by such permittee shall require a separate or amended general right-of-way permit issued pursuant to § 98.04(C).
(B) Applications for a utility right-of-way permit by a holder of a service agreement shall be filed in such form and in such manner as the administrative regulations require. There shall be no application fee. Any person who is a traditional monopoly provider of essential services and who holds a valid service agreement shall be granted a utility right-of-way permit. Such utility permit shall be valid so long as the underlying service agreement is valid and the applicable provisions of that service agreement, the utility right-of-way permit and of this chapter are complied with; provided, however, that such utility right-of-way permit shall only entitle the permittee to utilize the rights-of-way, in accordance with this chapter, for purposes directly related to the provision of the specific services for which it has a service agreement. Any other right-of-way use by such permittee shall require a separate or amended utility right-of-way permit issued pursuant to § 98.04(C) of this chapter.
(C) All other applications for general right-of-way permits, or amendments or renewals thereof, shall be filed in such form and in such manner as the administrative regulations require, along with an application fee of $1,000. The City Manager shall determine if the application is in order and shall, within 45 days of the receipt of a complete application, issue a written report regarding such application. The report shall recommend that the City Council deny or grant the general right-of-way permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The City Manager's report shall be served upon the applicant by regular U.S. mail along with a notice of when the City Council will consider the same. The City Council shall then consider such recommendation and make a final determination in writing, within 60 days of the City Manager's report, as to whether or not such general right-of-way permit amendments and/or renewal should be granted and if so, upon what terms and conditions. The term of each such general right-of-way permit shall be for five years from acceptance, unless the applicant requests a lesser term.
(D) An application for a special right-of-way permit amendment or renewal thereof, shall be filed in such form and in such manner as the administrative regulations require, along with an application fee of $500. If the City Manager determines that the application is in order and that the criteria set forth in § 98.05 of this chapter have been met, and that the application should be granted, the City Manager shall, within 45 days of a receipt of a completed application, conditionally grant or renew such a special right-of-way permit amendment and/or renewal subject to any appropriate terms and conditions or deny the same. The City Manager's conditional grant, renewal or denial shall be served upon the applicant by regular U.S. mail. Such conditional denial, grant or renewal shall become final unless modified or rejected by the City Council within 30 days of issuance by the City Manager, or unless appealed pursuant to § 98.04(E) of this chapter. The term of such special right-of-way permit shall be three years from acceptance, unless the applicant requests a lesser term. A special right-of-way permit for residential purposes may be granted for an indefinite term from acceptance, but may be canceled by the City Manager with 60 days written notice.
(E) Any applicant may appeal the failure of the City Manager to grant a right-of-way permit, or to recommend it to be granted upon terms and conditions acceptable to the applicant, to the City Council. In order to perfect such appeal, the applicant shall file, within ten days of the City Manager's determination or recommendation or within 60 days of the filing of the application if the City Manager has taken no action, an appeal to the City Council. The City Council shall then review the matter and render a final determination after affording the applicant an opportunity to be heard either in person or in writing. Except to the extent otherwise applicable by law, the City Council's decision shall be final.
(F) Any right-of-way permittee shall, within 30 days of the initial granting of any right-of-way permit hereunder, file a written acceptance of its permit in such form and in such manner as the administrative regulations require, and if and as applicable, pay a pro-rata portion of the fees required by § 98.07(B) or (C).
(Ord. 152-97, passed 12-15-97)