Sec. 711.204. - General authority and power to grant occupancy agreement.

(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 any other material without an occupancy agreement. The Director is authorized and empowered to grant and execute an occupancy agreement in accordance with the terms of this Part. Any contractor or other agent acting on behalf of a person having an occupancy agreement must have 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, all "use" being subject to all terms of the occupancy agreement. Every occupancy agreement granted is conditioned upon the person paying any fee or communications service tax when due and complying with the terms thereof. The Director may suspend and revoke the occupancy agreement and right to pull permits(s) upon any default by the person of any terms of an occupancy agreement upon written notice as set forth in the occupancy agreement further described in this Part. (b) The occupancy agreement fees required by this Part shall not be applicable to either any unit of federal, State, or City government (or any other body politic as established by law or exempt from the payment of said fees by law or court order) or to any person governed by parts 3 or 4 of this Chapter. (c) The grant of an occupancy agreement shall not relieve, limit or alter a person's obligations to comply with, obtain, and maintain any business or occupational license or construction permit required by the City Code or other applicable law. (Ord. 2001-427-E, § 2)