§ 1205. Occupancy permits.

A.

Application for Occupancy Permit. Each ROW occupant with more than one hundred (100) linear feet of facilities shall apply for an occupancy permit. The Public Works Director shall provide an application and may require, in the Public Works Director's sole discretion, any of the following information:

1.

The name, address, telephone number and form of business of the applicant, and the names and addresses of all persons authorized to act on behalf of the applicant with respect to the application;

2.

The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's facilities;

3.

Evidence of compliance with the provisions of 63 O.S.1991, §§ 142.1, et seq. , "Oklahoma Underground Facilities Damage Prevention Act," as amended.

4.

Identification of the ROW occupant's authority to occupy the rights-of-way, if already obtained, or evidence that the ROW occupant has applied for such authority; documentation of the location of existing facilities owned, operated, managed or leased by the ROW occupant, including as-built maps and all other information required by Section 1214;

5.

Demonstration of the applicant's technical ability to construct and operate the proposed or existing facilities, including identification of key personnel;

6.

A demonstration of the applicant's legal qualifications to construct and operate any proposed or existing facilities, including but not limited to a demonstration that the applicant has the necessary authority under Oklahoma law to construct a facility. The applicant shall not be issued an occupancy permit if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide;

7.

A demonstration of the financial qualifications of the applicant, including but not limited to a certified statement prepared by a certified public accountant regarding the applicant's financial ability to complete any construction proposed, and to meet any time frame proposed. If an applicant is a joint venture or partnership, the same information shall be provided for each participant in the joint venture or partnership;

8.

A description of the applicant's prior experience in facility ownership and construction, and an identification of each locality in which the applicant or any of its principals have, or have had, a license, franchise or other authorization or any interest therein, including the name, address and phone number of each local authority, and references from each authority;

9.

To the extent an applicant is in any respect relying on the financial or technical resources of another person, including an affiliate, the proofs required under paragraphs 5 and 7 above, shall be provided for that person;

10.

Copies of any agreements which the applicant has entered into or proposes to enter into with any other person relating to any facilities installed, to be owned, operated, managed or leased by the applicant;

Applicant may present a copy of a "Certificate of Convenience and Necessity" issued pursuant to OAC 165:55, in lieu of paragraphs 1 through 10 above.

11.

A declaration that the applicant agrees to comply with this chapter, as it may be amended from time to time;

12.

A statement of the number of linear feet of the arterial rights-of way occupied by facilities owned, operated, managed or leased by the ROW occupant as of the end of the City's most recent fiscal year, including the total linear feet of arterial rights-of-way occupied and the number of linear feet of rights-of-way occupied;

13.

The technical standards that the applicant proposes to follow in constructing the facilities;

14.

A detailed description of the physical facilities proposed to be installed within the City, including but not limited to an engineering site plan showing the proposed locations of the applicant's facilities, including any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures, and the relationship of the system to all existing poles, utilities, sidewalks, pavement, telecommunication facilities and other improvements within the rights-of-way;

15.

An affidavit or declaration of the applicant or an authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments and certifying that the application meets all federal and state law requirements, in as much as the information exceeds that which is required by OAC 165:55;

16.

For those ROW occupants who are eligible to make inspection fee and service charge payments as set forth in Subsection 1206.B, an election of whether to make inspection fee and service charge payments as set forth in Subsection 1206.B or occupancy fee payments as set forth in Subsection 1206.A; and

17.

Any additional information the City may require, which is reasonably necessary for ROW management.

Applications for occupancy permits shall be submitted in writing to the Public Works Director. To be accepted, a fully completed, signed and original application shall be submitted as provided for in this section. If the application is incomplete, the application shall be returned within three (3) working days as unacceptable. To the extent permitted by law, an application for an occupancy permit shall be accompanied by the required fee, the amount of which shall be fixed from time to time by ordinance.

B.

Review of Application. If the information provided in an application for occupancy permit is complete and meets all the requirements of this chapter, the Public Works Director shall evaluate the application within fifteen (15) working days of submission. In evaluating an application, the Public Works Director shall consider:

1.

The applicant's technical, financial and legal qualifications to construct or operate the proposed facilities;

2.

The nature of the proposed facilities and equipment; and

3.

The effects of a grant of an occupancy permit on the present and future public use of the rights-of-way, including any foreclosure of future uses of the rights-of-way.

C.

Review by Council. After the Public Works Director has evaluated the application pursuant to Subsection 1205.B, the Director shall present the application and the Director's recommendation regarding approval to the City Council. The City Council, after reviewing any information the Council deems appropriate, shall either approve or deny the application.

D.

Term and Renewal. Pursuant to Article VIII, Section 13, of the Charter of the City of Tulsa, the Council may revoke any occupancy permit at will. In addition to any other provision in the Charter, the City of Tulsa ordinances, or this chapter revoking or rendering invalid an occupancy permit, an occupancy permit shall be rendered invalid and revoked by the Public Works Director if:

1.

ROW occupant fails to timely pay any fees due to the City, including but not limited to fees required to be paid under this chapter; or

2.

ROW occupant fails to provide the City with the name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the occupant's facilities.

(Ord. No. 19945)