A. 
Nature of grant. In lieu of a Franchise, an Exempt Operator shall, except as may otherwise be provided in this Subtitle, apply to the City Manager for and obtain a Special Street Use Permit to enter upon and use specified Public Rights-of-Way for the purpose of installing, maintaining, repairing, or removing identified facilities within such Public Rights-of-Way to provide Telecommunications Service. The authorization granted shall be conditioned upon Special Street Use Permittee’s compliance with the terms and conditions of Chapter 16B.05 and the Special Street Use Permit.
B. 
Reservation of rights. Every Special Street Use Permit shall include, or be read to include, as if stated therein, a reservation of rights by the City to require the Special Street Use Permittee to obtain a Franchise as to those facilities for which the Exemption is inapplicable or to which the Exemption is otherwise determined by a court of law not to be applicable.
C. 
Special street use permit required. An Exempt Operator must apply for, obtain, and have in effect a Special Street Use Permit as a condition precedent to issuance of a permit from the City to perform any work in the Public Rights-of-Way. No Special Street Use Permit shall become effective until approved by the City Manager and accepted by the Exempt Operator.
D. 
Limitations. A Special Street Use Permit does not convey title, equitable or legal, in the Public Rights-of-Way nor is it an authorization to operate facilities located within the Public Rights-of-Way.
(Ord. 27910 Ex. A, 2010-08-03)
A. 
Form of special street use permit. The City Manager, with any needed technical and legal assistance, is authorized and directed, upon submission of a completed application by an Exempt Operator for a Special Street Use Permit, to prepare a street use permit which will incorporate the requirements which are intended to be included pursuant to this Subtitle.
B. 
Effective date. If the Exempt Operator, within 30 days after approval of the Special Street Use Permit by the City Manager: (1) files with the City Manager an executed original of the Special Street Use Permit unconditionally accepting the terms and conditions thereof; (2) pays any costs and fees it is required to pay to the City relating to such Special Street Use Permit; and (3) provides such bonds, insurance, financial security, or other payments or documents it is required under the Special Street Use Permit to provide to the City, then the Special Street Use Permit shall become effective on the 30th day after such approval. If the above-stated conditions have not been met by the Exempt Operator within the 30-day period, the Special Street Use Permit shall be null and void.
C. 
Term. The term of a Special Street Use Permit shall not exceed ten years.
D. 
No vested rights. A Special Street Use Permit does not grant any vested right to have any facility installed thereunder to remain at a specific location in the Public Right-of-Way or to remain in the Public Right-of-Way.
E. 
Application of regulations. Even in the absence of a Special Street Use Permit, all requirements of this Subtitle or any other applicable provision of the Tacoma Municipal Code or ordinance which have been promulgated under the City’s police or other regulatory powers shall apply and be enforceable against the Exempt Operator, except to the extent, and only to that extent, the application and enforcement of any such requirement is expressly prohibited by applicable and valid laws.
(Ord. 27910 Ex. A, 2010-08-03)
In addition to satisfying the other applicable requirements of this Subtitle, every Special Street Use Permit for a Telecommunications System shall contain the following provisions:
A. 
The Special Street Use Permit shall provide that neither the granting of any Special Street Use Permit, nor any provision thereof, shall constitute a waiver or bar to the exercise of any governmental right or power, police power, or regulatory power of the City as may exist at the time the Special Street Use Permit is issued or thereafter be obtained. Permittees must comply with all applicable provisions of Chapter 10.22, and any other City ordinances and regulations governing Public Rights-of-Way use.
B. 
The Special Street Use Permit shall only authorize work to be performed within the Public Rights-of-Way for the purposes described in the Special Street Use Permit and for no other purpose whatsoever.
C. 
The rights granted pursuant to a Special Street Use Permit shall be a privilege that is held in the public trust and personal to the original Special Street Use Permittee.
D. 
The Special Street Use Permit shall be for a specified term set forth in the Special Street Use Permit.
E. 
Such other terms as may be lawfully required to be included in the Special Street Use Permit by the City Charter.
(Ord. 27910 Ex. A, 2010-08-03)
A. 
Application required. Each entity that is required by this Subtitle to hold a Special Street Use Permit must file an application for an initial Special Street Use Permit, Transfer of a Special Street Use Permit, or renewal of a Special Street Use Permit in accordance with the requirements of this Subtitle.
B. 
Who may file. An application may be filed by any Person on that person’s own initiative or in response to a request for proposals.
C. 
Application form. All applications for a Special Street Use Permit shall be made on a form prescribed by the City Manager and on file with the Office of the City Clerk. All Special Street Use Permit applications shall be filed with the City Clerk.
D. 
Review. The application shall be reviewed by the City Manager to determine if the application is complete. An application shall be deemed to be complete if it is made on the form prescribed by the City Manager, filed as required by this Subtitle, contains all information required by this Subtitle, and is in compliance with all requirements of this Subtitle.
E. 
Notice upon review. An applicant shall be notified, within ten business days of filing of application, if the application is incomplete and the basis for the determination that the application is incomplete. Notice shall be in writing and deemed to have been duly given upon placing such notice in the United States mail, postage prepaid, properly sealed, correctly addressed to the applicant at the address stated on the application or when hand delivered to said address. In the event that such notice is not timely given, the application shall be deemed to have been complete at the time of filing for purposes of Section 16B.04.040F.
F. 
Applications acted upon. Except as otherwise provided in Section 16B.04.040G, completed applications for an initial Special Street Use Permit shall be acted upon within 30 days of filing of the completed application.
G. 
Acted upon defined/tolling. A completed application for a Special Street Use Permit is acted upon when the City Manager makes the decision to grant, conditionally grant, or deny the Special Street Use Permit, or when the City Manager notifies the applicant in writing of the amount of time that will be required to make the decision to issue or deny the Special Street Use Permit and the reasons supporting the additional time period.
H. 
Appeal. An applicant for a Special Street Use Permit may appeal a decision to deny a Special Street Use Permit to the Hearing Examiner for the City. The appeal shall, except as otherwise provided in this Subtitle, be governed by and in conformance with Chapter 1.23 of the Tacoma Municipal Code and the rules of procedure applicable to hearings before the Hearing Examiner.
I. 
Standard for granting relief. The standard for granting relief and burden of proof shall be as set forth in appeals of land use decisions, as set forth at Section 1.23.070C of the Tacoma Municipal Code. The final decision of the Hearing Examiner shall not operate to preclude either party from litigating any issues or claims that were or could have been adjudicated by the Hearing Examiner.
(Ord. 27910 Ex. A, 2010-08-03)
Every application for a Special Street Use Permit, a Transfer of a Special Street Use Permit, or a renewal of a Special Street Use Permit shall include the following:
A. 
Identity of authorized parties. The names and addresses of Persons authorized to act on behalf of the applicant with respect to the application and those Person(s) who are authorized to receive all notices required pursuant to Section 16B.04.040E.
B. 
Initial deposit. An initial refundable Application Fee deposit in the amount of $5,000 for a Special Street Use Permit.
C. 
Identity of applicant. Identity of the applicant, the Persons who exercise working control over the applicant, and the Persons who control those Persons to the ultimate parent.
D. 
Affidavit verifying status as exempt operator. An affidavit of an authorized officer of the applicant stating, that the operation of its facilities in the Public Rights-of-Way will be limited to providing Telecommunications Services and the facts and circumstances that qualify it as a Telecommunications System Operator that, pursuant to applicable provisions of state law, cannot be required to obtain a Franchise or other authorization from the City to occupy the Public Rights-of-Way with facilities; provided that, if such facilities will be used to provide services other than those qualifying it as an Exempt Operator, the applicant shall state what other services will be provided and under what authority the applicant will be utilizing facilities located within the Public Rights-of-Way to provide such services.
E. 
Location/description of facilities. Identification of the area of the City in which the applicant proposes to initially install facilities in the Public Rights-of-Way, including the approximate linear feet of overhead facilities, the approximate linear feet underground facilities, and the type of facilities to be installed.
F. 
Affidavit verifying authorizations. An affidavit of an authorized officer of the applicant stating that, prior to the granting of this Special Street Use Permit, the applicant has received, or is in a position to receive, necessary authorizations from state and federal authorities to provide Telecommunications Services using facilities within the Public Rights-of-Way.
G. 
Affidavit of compliance. An affidavit of an authorized officer of the applicant stating that the applicant is not in default relative to any existing Franchise, Special Street Use Permit, or License for facilities in the Public Rights-of-Way. An applicant may show that it would be inappropriate to deny it a Special Street Use Permit under Section 16B.04.060D, by virtue of: the particular circumstances surrounding the default at issue; the steps taken by the applicant to cure all harms flowing therefrom and to prevent their recurrence; and the lack of involvement of the applicant’s principals or the remoteness of the acts or omissions from the operation of Telecommunications Facilities.
H. 
Affidavit of acceptance. An affidavit of an authorized officer of the applicant stating that the applicant is willing to accept a Special Street Use Permit and abide by the provisions of applicable law, including those relating to the construction and maintenance of its Telecommunications Facilities in the Public Rights-of-Way, and that the applicant has not entered into any agreement that would prevent it from doing so.
I. 
Affidavit verifying truth/accuracy. An affidavit of an authorized officer of the applicant certifying the truth and accuracy of the information in the application, and certifying that the application meets all requirements of applicable law.
(Ord. 27910 Ex. A, 2010-08-03)
The City Manager may request such additional information as it finds necessary and which may be lawfully required. A completed application for a Special Street Use Permit shall be subject to review by the City Manager and approval shall be granted subject to the City Manager’s determination that:
A. 
Completed application. The applicant has submitted a complete and accurate application.
B. 
Acceptance of special street use permit. The applicant will enter into a Special Street Use Permit upon terms and conditions required or authorized by this Subtitle and comply with any conditions precedent to its effectiveness as required by this Subtitle.
C. 
Authorizations. The applicant has received, or is in a position to receive, necessary authorizations from state and federal authorities to provide Telecommunications Services using facilities within the Public Rights-of-Way.
D. 
Default. The applicant is not in material default as to any other Franchise, Special Street Use Permit, or License for facilities in the Public Rights-of-Way and, if the applicant is in such default, has demonstrated that it would be inappropriate to deny it a License by virtue of: the particular circumstances surrounding the default at issue; the steps taken by the applicant to cure all harms flowing therefrom and to prevent their recurrence; and the lack of involvement of the applicant’s principals or the remoteness of the acts or omissions from the operation of Telecommunications Facilities.
(Ord. 27910 Ex. A, 2010-08-03)
In the case of a Transfer, any approval will also be subject to the requirements that:
A. 
Transferee will agree to be bound by all the conditions of the Special Street Use Permit and to assume all the obligations of its predecessor; and
B. 
Any outstanding compliance issues will be resolved or preserved to the satisfaction of the City.
(Ord. 27910 Ex. A, 2010-08-03)
An applicant shall not be issued a Special Street Use Permit if it files, or in the previous three years filed, materially inaccurate or misleading information in a Franchise, Special Street Use Permit, or License application or intentionally withheld information that the applicant lawfully is required to provide; provided that, an applicant may show that it would be inappropriate to deny it a Special Street Use Permit under this chapter, by virtue of: the particular circumstances surrounding the filing or failure to provided information at issue; the steps taken by the applicant to cure all harms flowing therefrom and to prevent their recurrence; and the lack of involvement of the applicant’s principals or the remoteness of the acts or omissions from the operation of Telecommunications Facilities.
(Ord. 27910 Ex. A, 2010-08-03)
Notwithstanding any other provision of this Subtitle, pledges in trust or mortgages of the assets of a permitted Telecommunications System to secure the construction, operation, or repair of the system may be made without application and without the City’s prior consent; except that no such arrangement may be made if it would in any respect under any condition prevent the Telecommunications System Operator or any successor from complying with the Special Street Use Permit and applicable law, nor may any such arrangement permit a third party to succeed to the interest of the Operator, or to own or control the Telecommunications System, without the prior consent of the City. Any mortgage, pledge, or lease shall be subject to and subordinate to the rights of the City under any Special Street Use Permit, this Subtitle, or other applicable law.
(Ord. 27910 Ex. A, 2010-08-03)