(A) A person must submit an application to the Public Works Director or his or her designee to initiate the process to obtain a municipal consent.
(B) The application must be on a form prescribed by the Public Works Director or his or her designee, and it must include the following:
(1) The identity of the applicant, including all contact information and designated responsible person, including all affiliates of the applicant that may have physical control of the network, to the extent known at the time of the application;
(2) A general description of the services to be provided initially;
(3) With respect to post-application construction a route map of the applicant’s proposed network, if any; and
(4) A description of the effect on the public rights-of-way, of any post-application construction, to the extent known, but not including routine maintenance and construction for additions to existing networks, except as may be required in § 52.17 of this chapter, including:
(a) The location and route required for applicant’s proposed telecommunications network;
(b) The location of all overhead and underground public utility, telecommunication, cable, water, sewer, drainage and other facilities in the public rights-of-way along the proposed route; and
(c) The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(5) While not a requirement for the issuance of a municipal consent, if applicable, the applicant shall provide:
(a) Evidence that the applicant holds or has applied for a Public Utility Commission of the state certificate and information to establish that the applicant will obtain all other governmental approvals and permits prior to construction; and
(b) Certification or other documentation to evidence the Public Utility Commission of the state or any other required governmental approval showing compliance with E911 requirements of Tex. Health and Safety Code Ch. 771 and 772 on emergency communication, and the State Public Utility Council Substantive Rules on interconnection, particularly 16 TAC § 23.97(a), (d) and (e), as amended.
(6) Such other and further information as may be reasonably requested by the Public Works Director or his or her designee as it relates to the use of the public rights-of-way.
(C) Each applicant that shall submit a non-refundable application fee of $850 with the application, with a credit in the amount of $850 on its first quarterly payment due under § 52.12 of this chapter.
(D) (1) The Public Works Director or his or her designee shall review an application submitted under this chapter and shall recommend to the City Commission that it grant or deny the application. The Public Works Director or his or her designee shall make recommendation to the City Commission as soon as practicable, but no later than the next generally scheduled City Commission meeting after the fiftieth day after a completed application has been filed.
(2) Upon mutual written agreement between the city and the provider, action on an application may be postponed for one or more periods not exceeding 30 days each.
(E) (1) Except for delay caused by the applicant, the City Commission must take an initial action on the Public Works Director or his or her designee’s recommendation within 45 days after receipt by the commission of the Public Works Director or his or her designee’s recommendation or the Public Works Director or his or her designee’s recommendation to grant an application shall be deemed approved.
(2) No City Commission action is required to confirm a denial recommendation, except acknowledgment of receipt of the recommendation.
(1998 Code, § 122-176) (Ord. 99-15, passed 4-7-1999)