§ 15-7-5. APPLICATION TO USE UTILITY INFRASTRUCTURE.

(A)

Authorized user. Unless otherwise required by law, only a person who holds a valid franchise or license to use or cross a City street, highway, or right-of-way will be granted an attachment right on utility infrastructure. An applicant's use of utility infrastructure is limited to the purposes specified in the applicant's franchise, license, or right to operate in the city right-of-way or attach to utility infrastructure under state or federal law. An attachment used for a purpose not authorized by an applicant's franchise, license, or state or federal law is an unauthorized attachment. Unless the person has a franchise, license, or right to operate in the city right-of-way or to be allowed access to utility infrastructure pursuant state or federal law, an infrastructure usage contract with a person seeking to place an attachment on utility infrastructure must be approved by council.

(B)

Except to the extent provided otherwise by state law, the provisions of this section govern an application for an attachment right to utility infrastructure.

(C)

Application process. An applicant must file an application with the utility to use utility infrastructure as prescribed by the director. This section is intended to supplement Chapter 14-11 of this code. An applicant must also comply with Chapter 14-11 of this code if a permit for the use of public right-of-way is required for an attachment, including but not limited to any advance consent from the City required to place an attachment in a design or historic district. Subject to the availability of utility infrastructure capacity, the director shall consider each application on a first come, first serve basis. If an application cannot be approved as presented, the director may approve a conditional application. The director shall incorporate the terms of a conditional approval into an infrastructure usage contract.

(D)

Denial of an application.

(1)

The director may deny an application if:

(a)

the applicant fails to submit a complete application;

(b)

the applicant fails to supplement its application with additional information or otherwise cooperate with the utility as requested in the evaluation of the application;

(c)

the applicant fails to pay a required fee;

(d)

the proposed attachments are of excessive size or weight or would otherwise subject utility infrastructure to unacceptable levels of additional stress;

(e)

approval would jeopardize the reliability or integrity of the electric system or of individual units of utility infrastructure;

(f)

approval would present a safety hazard to a City employee or the public;

(g)

approval would impair the City's ability to operate or maintain utility infrastructure;

(h)

approval would require an unacceptable change, upgrade, or addition to utility infrastructure;

(i)

approval would expose the City, the utility, its ratepayers, or other users to increased liability or financial risk;

(j)

the proposed attachment is a network node in a design or historic district and the applicant has (i) not obtained consent from the City prior to filing the application or (ii) the attachment does not provide reasonable design or concealment measures;

(k)

the applicant is in material default under its infrastructure usage contract;

(l)

the proposed attachment would fail to meet a design standard; or

(m)

the proposed attachment would otherwise fail to comply with this chapter.

(2)

If an application is denied, the director shall notify the applicant in writing of the reason for the denial. If an application is denied, an applicant may file a new application that corrects the reason for the denial. If an application is denied, applicant may appeal the denial to the director no later than the 30th day after the date of the denial as prescribed by the director. If the director upholds an original decision which denies an applicant all or substantially all requested attachment rights, the applicant may appeal to the city council under Section 15-7-8 ( Appeal to the City Council ).

(3)

The failure of the director to act upon an application may not be deemed to constitute approval or waiver of the right to approve an application, unless otherwise provided by state law.

(E)

Additional costs. The applicant or user is responsible for all costs as determined by the utility to replace, enlarge, or upgrade utility infrastructure to accommodate the applicant's or user's proposed attachment.

Source: Ord. No. 20170817-045 , Pt. 4, 8-17-17.