§ 5-315. Application and approval.

(1)

Application for permit. A telecommunications providers permit as required by this article shall be applied for by written request to the office of the city attorney, unless another city office shall be designated by the mayor to receive the applications. The request shall be by letter unless the city shall provide a uniform application form. The application shall include the name of the applicant, status of the applicant (i.e. corporation, general partnership, limited partnership, etc.), the state of domicile, the domiciliary address and local address, if any, and a copy of the certificate of convenience and necessity, if required by state law, for the provider to act as a public utility according to the statutes of the State of Mississippi regulating public utilities (Sec. 77-3-2, et seq., Mississippi Code of 1972 Annotated, as amended). Further, said request shall state the proposed use of city or public streets and rights-of-way or property as defined herein, and the type of services intended by the use of public or city rights-of-way or property. The telecommunications provider shall furnish such additional information as the city attorney's office may reasonably and uniformly require to complete the permit contract.

(2)

Approval of contract. The city attorney's office shall prepare for execution by the telecommunications provider, the telecommunications permit contract using a standard form of contract for execution in triplicate by the telecommunications provider within five (5) days after receipt of a complete application; and immediately after the contract is executed by the telecommunications provider, the city attorney shall submit the contract to the mayor and president of the city council for scheduling on the agenda of the city council at the next regular council meeting according to the council's scheduling procedure. If the application and contract is in order, the council shall act at such meeting to authorize execution of the permit contract by the city, and to direct the city clerk or general finance office to accept payment of the permit process fee. A telecommunications provider's permit contract shall be approved, when the permit process fee is paid and the telecommunications provider receives duplicate signed originals or duplicate certified copies of the executed contract from the city clerk or council clerk. An original executed contract shall be retained by the council clerk to be appended to the council minutes as evidence of contract approval.

(3)

Permit process fees. The permit process fee to be paid to the City of Gulfport by the telecommunications provider in order to be permitted and to validate a permit contract shall be one thousand dollars ($1,000.00). The permit process fee shall be charged as a cost of process, including legal review and preparation of contract, and for engineering and public works review of application and plans and site inspection.

(Ord. No. 2204, § II, 11-16-99)