(A) Unless exempted in § 154.206, a valid Certificate of Registration shall be required for each utility service provider with any element of a utility system located in a public right of way in the municipality.
(B) The utility service provider shall apply to the Municipal Manager for a Certificate of Registration or the renewal of a Certificate of Registration. The Municipal Manager shall determine the form of the application. An application shall include the following information and fee:
(1) Detailed identification information about the utility service provider; a copy of the current incorporation certificate of the applicant, if applicable; both regular and emergency contact information for the utility service provider, including the name, mailing address and phone number of a responsible provider representative of competent authority to make decisions on behalf of said provider; a brief description of each utility service provided or proposed to be provided; a copy of each approval required by law, by any applicable authority, to provide any utility service described in the application; evidence of reasonable insurance coverage by the utility service provider; and, any other relevant information the municipal manager deems necessary to determine the fitness of the utility service provider.
(2) If requested by the Municipal Manager or the applicant, the applicant utility service provider and the municipality must meet to coordinate future plans for the public right of way between the utility service provider and the municipality.
(3) Fees as follows:
(a) An application fee of $500 shall be paid to the municipality at the time an application for a Certificate of Registration is filed with the municipality. No part of an application fee is returnable to the applicant; and,
(b) As compensation for the municipality’s costs to administer this chapter and the rights of way and for each Certificate of Registration issued pursuant to this chapter, every provider or any person operating a system shall pay to the municipality registration maintenance fees determined as follows, unless otherwise specified in a valid franchise agreement:
1. Providers utilizing equal to or greater than 20 miles of right of way within the municipality shall pay a fee of $2,000 per year.
2. Providers utilizing less than 20 miles of right of way within the municipality shall pay a fee of $1,000 per year.
(4) (a) Within 90 days after application, a provider shall provide the municipality with information regarding the location of its facilities in the rights of way in the most advanced mapping format and in as much detail as currently available to the provider. Following that initial provision of information and upon the reasonable request of the Municipal Manager, which request shall not occur more than once annually, every provider shall provide to the municipality, in the most advanced mapping format and in as much detail as currently available to the provider, all location information for all facilities which it owns or over which it has control and which are located in any rights of way. All such information as described above shall be provided for the geographical area (up to and including the entire geographic area of the municipality) as requested by the Municipal Manager, with the specificity then currently available to the provider, and in a format(s) mutually acceptable to the provider and the municipality.
(b) The Municipal Manager shall in the future adopt specifications and further define the mapping data requirement(s) under this section. In each instance a provider shall be served with a copy of the specifications by regular U.S. mail to the provider representative identified in the Certificate of Registration; provided, however, that failure to actually receive such notice shall not in any way affect the validity or enforceability of such specifications.
(Ord. 2000-06, passed 7-6-00)