(A) Application. A rights-of-way user shall apply for a permit pursuant to this chapter. Three copies of the application information shall be filed with the Director.
(B) Required information. The application shall include, without limitation, the following information:
(1) The name and address of the applicant and each person exercising control over the applicant, and if the applicant or any person or persons exercising control is not a natural person, each of its officers, directors, stockholders beneficently holding more than 15% of the outstanding voting shares, or its managers, general partners, limited partners and/or members holding an equity interest of more than 15%. If no person controls 15% or more of the outstanding shares, the name and address of the ten largest shareholders, partners, limited partners, and/or members as the case shall be provided.
(2) Copies of the most recent financial statements of the applicant.
(3) A general description of the applicant's existing and proposed system and services in the city and the type of existing and proposed facilities to be placed in the public rights-of-way; and a statement whether such systems and/or facilities are owned by the applicant and that such use complies with the terms of any agreement existing between the owners of such facilities and applicant setting forth the nature of the applicant's interest therein and the rights of the applicant to use the facilities.
(4) A map setting forth the location of the facilities in the public rights-of-way. The map shall completely and accurately identify the location and dimensions of above ground and underground facilities in sufficient detail to the satisfaction of the City Manager or his/her designee. Prior to the issuance of a right-of-way construction permit, specific location of the facilities in the public rights-of-way must be identified.
(C) Application fee. The application will be accompanied by a non-refundable application fee in an amount established by resolution of the City Commission. The non-refundable application fee shall be designed to reimburse the city for the costs of reviewing an application for a permit and issuance of a permit in accordance with the procedures of this chapter.
(D) Administrative completeness. An application shall not be deemed to be filed until the application is determined by the Director to be administratively complete. If the Director determines that the application is not administratively complete, the Director shall so advise the applicant in writing and shall identify the items which must be furnished by the applicant for an administratively complete application.
(E) Additional information. The Director may request an applicant to submit such additional information which the Director deems reasonably necessary or relevant to review the application. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the Director.
(F) Misleading statements. A person who makes a statement which was untrue when made or omits a material fact for the purpose of inducing the city to issue a permit hereunder, which permit would not have been issued but for the misstatement of fact or omission of fact, shall be in violation of this chapter and shall be subject to all remedies for violation of this chapter including, without limitation, denial of the requested action, permit revocation, civil fines and costs.
(G) Conditions. The Director may impose conditions on the granting of a permit to protect the public health, safety and welfare. Without limitation, these conditions may include the posting of a bond by the rights-of-way user in an amount which shall not exceed the reasonable cost to ensure that the public rights-of-way are returned to their original condition during and after the rights-of-way user's access and use. The Director may require a rights-of-way user to maintain a letter of credit, cash bond, or other financial guarantee with a local financial institution, in an amount proportionate to the size of such rights-of-way users system (including approved expansions, if any), but not in excess of the reasonable cost to ensure that the public rights-of-way are returned to their original condition, which can be drawn upon by the city due to the rights-of-way users' failure to cure, to the reasonable satisfaction of the Director or his or her designee, any violation of this chapter, or breach or default under a permit, after 30 days notice.
(H) Appeal. The Director shall not unreasonably deny any request for a permit. A denial of any request for a permit may be appealed to the City Manager who shall make the final decision.
(Ord. 895, passed 10-13-03; Am. Ord. 960, passed 11-8-10)