§ 155.04. Municipal authorization required

(A) (1) Any person seeking to place facilities on, in or over the public rights-of-way, shall pay a $500.00 construction permit application fee (except certificated telecommunications providers and their contractors to the extent exempted by Tex. Local Gov't Code Ch. 283) and shall file an application for such construction permit with the Director and shall abide by the terms and provisions of this chapter pertaining to use of the public rights-of-way. If there are additional direct costs to the city in processing the applications, the city may recover those from the applicant prior to the issuance of the construction permit.

(2) With such application, applicants shall submit to the Director written applications identifying the applicant and all of the applicant's affiliates that may have physical control of facilities within the public rights-of-way, with a map of the proposed installations, general description of the services to be provided, a construction schedule and a general description of the effect on public rights-of-way as detailed in § 155.06(D) below.

(B) Any person, except a certificated telecommunications provider, prior to placing, reconstructing, or altering facilities in, on or over the public rights-of-way, must obtain separate municipal authorization from the city, such as a license agreement or franchise, as may be applicable. For use of the public rights-of-way, all users of the public rights-of-way shall compensate the city on the value of the public rights-of-way used, being typically either on a gross receipts basis or on a linear foot basis, to the fullest extent allowed by law.

(C) Any person with a current, unexpired consent, franchise, agreement or other authorization from the city ("grant") to use the public rights-of-way that is in effect at the time this chapter takes effect shall continue to operate under and comply with the grant (except to the extent the police power regulations in such grant are inconsistent with this chapter, in which event, this chapter will control) until the grant expires or until it is terminated by mutual agreement of the city and the person, or it terminated as otherwise provided for in law.

(D) Prerequisites to issuance of construction permit - each person must register with the city. In order for the city to know which person or persons owns or has physical control over facilities in a public right-of-way within the city, each such person who owns or has physical controls over facilities shall register with the city and provide the following information at a minimum:

(1) Person's name, address and telephone number(s); and

(2) A 24-hour telephone number(s) to a contact person(s) with decision-making authority for the person. Each person shall update and keep current his or her registration with the city at all times.

(Ord. O-16-05, passed 11-15-05)