(A) Any person or party wishing to obtain a permit from the municipality pursuant to this subchapter must submit the following information to the Right-of-Way Administrator:
(1) The name, telephone number, address, and place of business of the applicant and his or her engineers and/or contractors;
(2) A detail drawing and written description of the location and dimensions of the proposed use of the municipal right-of-way, including a plan view and cross-section view of the proposed use, which are sufficient to indicate the placement of any facilities or to locate the work to be performed;
(3) The method by which the proposed use within the right-of-way will be accomplished, including an estimate of the amount of time required to complete any actual work to be performed within the right-of-way including backfilling and removal of all obstructions, materials and debris, and restoration of the surface. The applicant's authority to use the municipal right-of-way shall be limited to the purposes and work plan specifically authorized by the permit; and
(4) The purpose and function of any facility to be located within the right-of-way.
(B) The applicant shall be required to provide proof of adequate insurance in an amount satisfactory to the municipality indicating that the applicant has sufficient insurance to protect both the municipality and the applicant for any and all claims or damages arising out of bodily injury, including death, to any party including the applicant and his or her employees and agents and the municipality's employees and agents, and from claims for damaged property which may arise out of, or result from, the applicant's use of the municipal right-of-way. The applicant must agree to defend, hold harmless, and indemnify the municipality and its officers, agents and employees, against all claims, losses and damages to persons or property on account of or resulting from the intentional or negligent conduct on the part of the permitee in the permittee's use of the municipal right-or-way.
(C) Upon receipt of the application, the municipality shall review the request. The Right-of-Way Administrator will verify information provided in the application and will process the application. Further review will be made to determine if the application is consistent with the terms and conditions of this subchapter including the standards and requirements referred to in this subchapter and any amendments, ordinances or resolutions that may be promulgated by the municipality in the future.
(D) Requests for standard new user hookups will be processed by the Right-of-Way Administrator within 3-working days. Other requests, in most cases, will be processed within 10-working days after receipt of the completed application. The Right-of-Way Administrator will notify the applicant by regular mail or telephone transmission of the acceptance or denial of the application. Where approved, the notification will include notification of the right-of-way usage fee. The permit will be valid only upon payment of the applicable fee.
(E) An applicant may appeal the denial of a permit to the City Council. All the appeals shall be made in writing to the City Clerk-Treasurer or his or her designee no later than 10 days after receipt of notice to the applicant of an adverse decision. Appeals shall be heard at a public meeting of the City Council within 45 days of the filing of a written appeal. A decision adverse to the applicant may be taken by the applicant to the state district court.
(Ord. 29, passed 5-19-1999; Am. Ord. 34, passed 9-8-1999)