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(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)
(A) If the Public Works Director or his or her designee finds that the application meets the requirements of this chapter, the Public Works Director or his or her designee shall request the City Attorney or designee to prepare a municipal consent ordinance for the City Commission’s consideration.
(B) A municipal consent ordinance submitted to the City Commission must include the following provisions:
(1) A term of not more than five years for the municipal consent;
(2) A requirement that the provider substantially comply with this chapter;
(3) A requirement that the provider’s municipal consent is subject to termination by the City Commission, after notice and hearing, for the provider’s failure to comply with this chapter or on a showing that the provider has breached the terms of the municipal consent;
(4) A provision that incorporates the requirements of § 52.14 of this chapter; and
(C) Review and approval by the city does not constitute a guarantee of sufficiency of the design of the telecommunications network. The applicant retains full responsibility for the adequacy of the design of the telecommunications network.
(1998 Code, § 122-177) (Ord. 99-15, passed 4-7-1999)
(A) A person whose application for a municipal consent is denied, or whose application is not considered by the City Commission within the time allowed in § 52.16 of this chapter after the Public Works Director or his or her designee submits a recommendation under § 52.17 of this chapter or whose municipal consent is terminated, may petition the City Commission for consideration or reconsideration before seeking judicial remedies, with a public hearing before City Commission, if requested by the provider, such hearing being no more than 30 days from the date of the request.
(B) A petition for consideration or reconsideration is considered denied if the City Commission does not act within 60 days after the petition is filed with the City Secretary or after the public hearing, if any, whichever is later.
(1998 Code, § 122-178) (Ord. 99-15, passed 4-7-1999)
(A) The Public Works Director or his or her designee shall administer this chapter and enforce compliance with a municipal consent conveyed under this chapter.
(B) A provider shall report information related to the use of the public rights-of-way that the Public Works Director or his or her designee requires.
(C) The Public Works Director or his or her designee shall report to the City Commission upon the determination that a provider has failed to comply with this chapter.
(1998 Code, § 122-179) (Ord. 99-15, passed 4-7-1999)
(B) Section 52.20 of this chapter applies to a provider that has a property interest in a network.
(1998 Code, § 122-180) (Ord. 99-15, passed 4-7-1999)
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