Sec. 711.104. - Director's general authority to approve/deny applications; Rights-of-Way Committee.

(a) To protect and promote the health, safety and general welfare of the citizens of the City and to preserve the necessary control and monitoring of the occupation and use of the City's rights-of-way, on and after the effective date of this Part (or not to exceed 120 days after the effective date of this Part if the Director deems necessary a delayed enforcement), no person shall occupy or use any City rights-of-way for the purpose of installing any wire, pipe or other material without partaking in the application process of the City. Where other Sections of the City Code set forth the required contents of a permit application, for example and not by way of limitation, Section 711.406 (3), only said Sections (not Section 711.105 (a)(2) in this Part 1) shall apply to the contents of the permit application, and this Part 1 shall require that the permit application be reviewed by the rights-of-way committee as provided in this Part 1; provided that the rights-of-way committee shall establish rules that require review of applications by the rights-of-way committee under this Part 1 only where such applications are for use of rights-of-way in designated areas in the City, which shall typically be the more congested areas of the City, but may include any area deemed necessary for the City's reasonable needs regarding the use and management of its rights-of-way. The Director is authorized and empowered to approve or deny applications and to establish a Rights-of-Way Committee for the purpose of reviewing and approving or denying applications pursuant to guidelines established by the Director that are consistent with this Chapter and applicable law. Upon approval of an application the Rights-of-Way Committee shall determine the existence of an agreement or registration under parts 2, 3, or 4 of this Chapter or else require a person making the application to execute an occupancy agreement, franchise agreement, or to file communication registration in accordance with the terms of the applicable part(s) of this Chapter. Any contractor (or other agent) acting on behalf of a person (said person having an agreement or registration under this Chapter) wishing to partake in the application process must produce a letter from said person describing the scope of the proposed "use" of City rights-of-way and specifying that said agent is authorized to act on the person's behalf, it being understood that all "use" is subject to all terms of the appropriate agreement/registration. Every application granted is conditioned upon the person's being current on all fees/taxes payable pursuant to parts 2 and 3 of this Chapter and complying with the terms of parts 2, 3, and 4 of this Chapter, to the extent they are applicable, following approval of Rights-of-Way Committee. There shall be no fee or costs assessed relative to the application as governed by this Part 1. The Director may suspend and revoke (i) applications and (ii) permit(s) upon any default by the person upon 30 days' written notice, as may be more particularly set forth in parts 2, 3, and 4 of this Chapter. (b) The grant of any agreement/registration shall not relieve, limit or alter a person's obligations to obtain and maintain any license or permit required by the City Code or other applicable law to carry on the person's business. The City's permitting requirements shall be provided to any person upon request and said requirements shall govern the installation of any material upon the City's rights-of-way. (Ord. 2001-427-E, § 2)