Sec. 711.105. - Procedure for rights-of-way application; necessary data.

(a) Application submission. (1) No agreement pursuant to parts 2 and 3 of this Chapter shall be granted prior to the applicant's submittal to the Rights-of-Way Committee of an application therefore on a form supplied by the department. Registrations, in accordance with State law, shall be deemed effective by the Director pursuant to Part 4 of this Chapter. (2) Information on the application shall include, but not be limited to, the following: (i) Applicant's full name and address; (ii) Type of legal entity (e.g. individual, corporation, etc.); (iii) Listing of any State or federal certificates (unless previously provided to the City for an agreement or registration); (iv) Description of type of use (telecommunications, electric, etc.); (v) Name, address, phone/fax and cellular/pager numbers for local point of contact (to include similar data for any agents/contractors that are authorized to apply for and pull permits for a person); (vi) Drawing showing the location(s) of the proposed use of the rights-of-way; (vii) Such other information as deemed necessary by the Director to protect the City's interests, including any bond and insurance required in Part 2 hereof; and (viii) The Director shall assign an exclusive alpha numeric number to each application to facilitate identification and references on any agreement or registration pursuant to parts 2, 3, or 4 of this Chapter and on any City permit(s). (b) Application review. (1) The Rights-of-Way Committee's review shall take into account the factors listed in the intent Section of this Part and such other factors as the Director shall require from time to time and may be allowed by law, including without limitation, law that requires factors to be reasonable and nondiscriminatory and necessary to manage the rights-of-way. The Rights-of-Way Committee may require additional information of the person filing the application as may be necessary to process the application and as may be allowed by law. Approval of the application shall be communicated to the applicant in writing, along with an indication as to which parts of this Chapter shall be applicable to the person. (2) The City will review an application and notify the applicant of its decision on the application within 30 days from the date an application is submitted. In the event the Rights-of-Way Committee determines to deny the application it shall provide the applicant written notice of said denial along with the reasons for said denial and any written documents pertaining to the denial. Said notice of denial shall afford the applicant an opportunity to appear before the Rights-of-Way Committee (appeal) by written appeal filed within 30 days of the denial so as to allow the applicant to present additional information or otherwise explain factors the applicant deems relevant. At said appeal the Rights-of-Way Committee shall include the Director and shall notify the applicant of the Rights-of-Way Committee's final decision and shall confirm said decision in writing within 30 days of the appeal. Said final decision shall be the final action of the City and an applicant shall thereafter have any remedies available at law. (Ord. 2001-427-E, § 2)