§ 78-146. Administration.

(a)

Reasonable inquiries. The city manager may, at any time, make reasonable inquiries pertaining to the terms, conditions, rights and obligations of this chapter, and the permit holder shall respond to such inquiries on a timely basis.

(b)

FCC/PUC documents. Copies of petitions, applications, and reports submitted by the permit holder to the Federal Communications Commission or the Public Utility Commission of Texas shall be provided to the city upon specific request.

(c)

Consolidated permit application. A provider that wants to install or collocate multiple network nodes inside the limits of the city is entitled to file a consolidated permit application with the city for not more than 30 network nodes.

(d)

Documents required for application. In addition to the requirements of section 26-2, a provider shall provide the following information in its permit applications:

(1)

The name and address of the person to whom notices are to be sent, a 24-hour per day contact number for the applicant in case of emergency;

(2)

Location map that includes all other structures within 300 feet of the proposed location;

(3)

Applicable construction and engineering drawings and information to confirm that the applicant will comply with the design manual and applicable codes;

(4)

A certificate that the network node(s) complies with applicable regulations of the Federal Communications Commission;

(5)

Certification that the proposed network node(s) will be placed into active commercial service by or for the provider not later than the 60th day after the date of construction and final testing of each network node is completed;

(6)

An industry standard pole load analysis certified by a licensed engineer;

(7)

Geotechnical survey for any proposed new pole;

(8)

A complete application and supporting documents for conditional use permit or other land use approval where required by the design manual;

(9)

Proof of authorization from the pole's owner to collocate facilities on a pole if not owned by the city, as applicable;

(10)

Proof of payment of the construction permit fee and prorated rights-of-way fee for the remaining portion of the current calendar year; and

(11)

Any additional information reasonably related to the provider's use of the public rights-of-way to ensure compliance with the design manual and this chapter.

(e)

Determination of Application Completeness. The city manager shall determine whether the permit application is complete and notify the applicant of that determination:

(1)

For network nodes and note support poles: No later than 30 days after the date the city receives the permit application.

(2)

For a transport facility: No later than ten days after the date the city receives the permit application.

(f)

Approval or denial of application. The city manager shall approve or deny a completed application after the date it is submitted to the city:

(1)

For Network Nodes: No later than 60 days after the date the city manager receives the complete application.

(2)

For network support poles: No later than 150 days after the date the city manager receives the complete application.

(3)

For transport facilities: No later than 21 days after the city manager receives the complete application.

(g)

Basis for denial of application. If an application for a construction permit is denied, the city manager shall document the basis for the denial, including the specific applicable city Code provisions or other city rules, regulations, or other law on which the denial is based. The documentation for the denial must be sent by electronic mail to the permit holder on or before the date that the city manager denies the application.

(h)

Resubmission of denied application. The permit holder may cure the deficiencies identified in the notice of denial.

(1)

The permit holder has 30 days from the date the city manager denies the completed application to cure the deficiencies identified in the notice of denial without paying an additional construction permit application fee, other than any fee for actual costs incurred by the city.

(2)

The city manager shall approve or deny the revised completed construction permit application not later than the 90th day after the city manager receives the revised completed application. The city manager's review shall be limited to the deficiencies cited in the notice of denial.

( Ord. No. 1093 , §§ I, II, 8-16-2017)