Chapter 4: Business Regulations
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 4.01
GENERAL PROVISIONS (RESERVED)
ARTICLE 4.02
ALCOHOLIC BEVERAGES
DIVISION 1
Generally
§ 4.02.001 Penalty.
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a
misdemeanor and upon conviction shall be subject to a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense; providing, however, where a different penalty has been established
by state law for such offense, the penalty shall be that fixed by state law. Each day that a violation
occurs or continues constitutes a separate offense.
(Ordinance 130, sec. 7, adopted 4/24/01)
§ 4.02.002 Sale prohibited in residential districts.
(a) The sale of liquor is prohibited in all of the residential sections of the city.
(b) The sale of beer is prohibited in any residential area of the city.
(c) The sale of wine is prohibited in any residential area of the city.
(Ordinance 130, sec. 1, adopted 4/24/01)
§ 4.02.003 Sale near church or school.
In addition to all other regulations and prohibitions required by law, including this division, the sale of
alcoholic beverages at locations where such sale may otherwise be legally conducted within the city is
also subject to the following /prohibitions:
(1) As otherwise applicable pursuant to section 109.33, Texas Alcoholic Beverage Code, the sale of
alcoholic beverages is prohibited by a dealer whose place of business is within 300 feet of a
church or public school.
(2) As otherwise applicable pursuant to section 109.33, Texas Alcoholic Beverage Code, the sale of
alcoholic beverages is prohibited by a dealer whose place of business is within 1000 feet of a
public school if the city council receives a request from the board of trustees of a school district
requesting that the distance requirement between a dealer’s business and a public school be 1000
feet instead of 300 feet as established in the above subsection.
(3) See section 109.33(b) and (c) [of the Alcoholic Beverage Code] for the method of measuring the
distance between the place of business and the church or public school.
(4) The city council may allow variances to the regulation established in subsection (1) above if the
governing body determines that enforcement of the regulation in a particular instance is not in the
best interest of the public, constitutes a waste or inefficient use of land or other resources, creates
an undue hardship on an applicant for a license or permit, does serve its intended purpose, is not
effective or necessary or for any other reason the city council, after consideration of the health,
safety, and welfare of the public and the equities of the situation, determines is in the best interest
of the community.
(Ordinance 130, sec. 3, adopted 4/24/01)
§ 4.02.004 Sale of beer.
In addition to all other regulations required by law, including this division, the sale of beer at locations
where such sale may be legally conducted within the city is also subject to the following regulations:
(1) Beer may be sold only during the hours permitted by state law.
(Ordinance 130, sec. 2, adopted 4/24/01)
§ 4.02.005 Limitation.
The restrictions set out sections 4.02.003 and 4.02.004 of this division are requirements imposed on
such businesses in addition to all other requirements and prohibitions and shall not be construed to
grant any additional rights for the sale of alcoholic beverages within the city.
(Ordinance 130, sec. 3(e), adopted 4/24/01)
DIVISION 2
Licenses and Permits
§ 4.02.031 Penalty.
It shall be unlawful for any person to violate any provision of this division, and any person violating
or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more
than five hundred dollars ($500.00), and a separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
(Ordinance 238, sec. 10, adopted 10/4/11)
§ 4.02.032 Fee levied.
There is hereby levied and assessed and shall be collected by the city annual fees in amounts equal to
one-half of those payable to the state, for each business for which a permit or license is required by the
state pursuant to the Texas Alcoholic Beverage Code (“code”) to conduct business, except when said
fee is waived or otherwise not required, or the permit is exempt from the payment of fees, according to
the provisions of the code, including, without limitation, the following:
(1) Wholesaler's permit - chapter 19 of the code;
(2) Package store permit - chapter 22 of the code;
(3) Local distributor's permit - chapter 23 of the code;
(4) Wine only package store permit - chapter 24 of the code;
(5) Wine and beer retailer's off-premises permit - chapter 26 of the code;
(6) Mixed beverage permit - chapter 28 of the code;
(7) Winery permit - chapter 16 of the code; and
(8) Distiller's and rectifier's permit - chapter 14 of the code.
(Ordinance 238, sec. 2, adopted 10/4/11; Ordinance 349 adopted 5/10/2022)
§ 4.02.033 Proof of classification.
The permit issued under the provisions of the code shall be prima facie proof of the classification of
the occupation upon which the fee is levied and shall be the sole basis of determination of the amount
of the license fee.
(Ordinance 238, sec. 3, adopted 10/4/11)
§ 4.02.034 Requirements prior to engaging in business.
It shall be unlawful for a person to engage in any business within the city for which a permit or license
is required under the provisions of the code without having been issued a license by the city for the
same and having paid the city a license fee as set forth herein and then having received a receipt for
such transaction.
(Ordinance 238, sec. 4, adopted 10/4/11)
§ 4.02.035 Collection of fee; issuance; transfer.
The license fees provided by this division shall be collected by the city secretary and shall be paid by
every person engaging in a business for which a permit or license is required under the provisions of
the code, and the city secretary shall issue to the person the proper license, which shall state on its
face for what it is issued, the date when it will expire, and by whom and where such business is to be
conducted, and shall describe the place where such license is to be kept and state what type of business
is to be permitted under the license. No license is transferable.
(Ordinance 238, sec. 5, adopted 10/4/11)
§ 4.02.036 Conditions precedent to issuance.
It shall be a condition precedent to the issuance of any license by the city as provided for in this
division that the person shall furnish appropriate evidence to show that all provisions of the code and
any amendments thereto have been fully met, and that the person has been issued a license to engage
in such business by the appropriate authority (including the state alcoholic beverage commission).
(Ordinance 238, sec. 6, adopted 10/4/11)
§ 4.02.037 Limitation.
This division is limited to the levying and collection of fees by the city as set forth in section 4.02.032
above, and the issuance of a license by the city regarding the same, and does not grant or provide any
rights or authority pertaining or relating to the sale, possession, storage, distribution, or consumption
of any alcoholic beverages within the city.
(Ordinance 238, sec. 7, adopted 10/4/11)
ARTICLE 4.03
TEMPORARY VENDING
DIVISION 1
Generally
DIVISION 2
Fireworks Stands
§ 4.03.041 Definitions.
As used in this division:
Fireworks stand. Any non-permanent structure or building to be used, or that has been used, for
the sale of fireworks to the general public under a retail permit issued pursuant to the provisions of
V.T.C.A., Occupations Code, chapter 2154. Any building or structure that is not attached to the ground
by a permanent type of foundation and does not have water and sewer or septic connections shall be
considered a non-permanent as that term is used in this definition.
Permitted selling periods. The selling periods established by the V.T.C.A., Occupations Code, section
2154.202, to wit: June 24th through July 4th and December 20 through January 1st of the following
year.
Sales location. The area of land, located within the corporate limits of the city, on which a fireworks
stand may otherwise be legally placed, where the fireworks stand is within 100 feet of any public road.
(Ordinance 98, sec. 1, adopted 2/3/98)
§ 4.03.042 Penalty.
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a
misdemeanor, and upon conviction shall be subject to a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense, and each day that a violation occurs or continues constitutes a
separate offense.
(Ordinance 98, sec. 6, adopted 2/3/98)
§ 4.03.043 Time limit for placement on and removal from sales location.
(a) It shall be unlawful for any person to have, establish, or move, to any “sales location” within the
corporate limits of the city, any fireworks stand earlier than the 14th day before any permitted
selling period.
(b) Any person owning, operating, or having control over a fireworks stand located at a “sales
location,” as that term is herein defined, shall remove such stand from the “sales location” no
later than the 14th day following a permitted selling period.
(c) The purpose of this division requiring removal of fireworks stands away from their usual location
adjacent to a public road to a location at least 100 feet from a public road is to limit access and
unlawful use of such structures by non-owners during the non-selling period when such structures
are not occupied or used on a day-to-day basis by their owner.
(d) This division is not intended to authorize the location of any fireworks stand at a location where
such would otherwise be prohibited by law.
(Ordinance 98, sec. 2, adopted 2/3/98)
ARTICLE 4.04
TELECOMMUNICATIONS SERVICES
DIVISION 1
Generally
DIVISION 2
Use and Occupancy of Right-of-Way
§ 4.04.031 Purpose.
The purpose of this division is to:
(1) Assist in the management of the rights-of-way;
(2) Govern the use and occupancy of the rights-of-way by telecommunications service providers;
(3) Secure fair and reasonable compensation for the use and occupancy of the rights-of-way by
telecommunications service providers in a nondiscriminatory and competitively neutral manner.
(Ordinance 107, sec. 1.0, adopted 4/6/99)
§ 4.04.032 Definitions.
Whenever used in this division, the following terms, as well as their singulars, plurals and possessives,
shall have the following definitions and meanings, unless the context of the sentence in which they are
used indicates otherwise:
Access line.
(1) Each switched transmission path of the transmission media within the rights-of-way extended
to the end-user customer’s premises network interface within the city that allows delivery of
telecommunications service;
(2) Each loop provided as an unbundled network element to a person pursuant to an agreement under
section 252 of the federal Telecommunications Act of 1996; and
(3) Each termination point of a non-switched telephone circuit consisting of transmission media
connecting specific locations identified by, and provided to, the end user for the delivery of non-
switched telecommunications service within the city.
Cable service. “Cable service” as defined in the Cable Communications Policy Act of 1984, as
amended, 47 U.S.C. section 532 et seq.
Direction of the city. All ordinances, laws, rules, resolutions, and regulations of the city that are not
inconsistent with this division and that are now in force or may hereafter be passed and adopted.
Facilities. Any and all of the duct spaces, manholes, poles, conduits, underground and overhead
passageways, and other equipment, structures, plant, and appurtenances and all associated transmission
media used for the provision of telecommunications service.
Line fee. A monthly fee to be applied to each access line for the calculation of the total amount to be
paid to the city as a rights-of-way fee.
Permit holder. Any telecommunications service provider issued a permit pursuant to the terms of this
division.
Person. A natural person (an individual), corporation, company, association, partnership, firm, limited
liability company, joint venture, joint stock company or association, and other such entity.
Public utility. A public utility as that term is used in the Public Utility Regulatory Act of 1995, Tex.
Utilities Code Ann. section 11.004, including municipally owned and/or operated utilities.
Rights-of-way. All present and future public streets, avenues, highways, alleys, sidewalks, boulevards,
drives, tunnels, easements, bridges, and other such similar passageways, thoroughfares, and public
ways within the city.
Rights-of-way fee. The total amount paid to the city on a quarterly basis for the use and occupancy of
the rights-of-way.
Telecommunications service. The transmittal of voice, data, image, graphics and other
communications between or among points by wire, fiber optics, or other similar facilities, as well as
the rental, lease, or furnishing of the facilities to accomplish such transmittal, but does not include
transmissions for long distance purposes (interLATA and intraLATA) or any “wireless service” as
defined by law.
Telecommunications service provider. Any person that supplies telecommunications service to others
within the corporate limits of the city in exchange for money or other value.
Telecommunications utility. “Telecommunications utility” as used in the Public Utility Regulatory Act
of 1995, Tex. Utilities Code Ann. section 51.002(11).
Transmission media. Any and all of the cables, fibers, wires or other physical devices owned,
maintained or placed by a permit holder to transmit and/or receive communication signals, whether
analog, digital or of other characteristics, and whether for voice, data or other purposes.
Use and occupancy. The permit holder’s acquisition, installation, construction, reconstruction,
maintenance, repair, control, or operation of any facilities within the rights-of-way for any purpose
whatsoever.
(Ordinance 107, sec. 2.0, adopted 4/6/99)
§ 4.04.033 Requirement for permit and granting clause.
Any person that owns, places, or maintains facilities within the rights-of-way shall first obtain a permit
pursuant to the terms of this division. Subject to the restrictions set forth herein, the city under this
division shall issue permits to telecommunications service providers for the purpose of regulating
the use and occupancy of the public rights-of-way in the city for the provision of access lines. By
acceptance of the permit, the permit holder agrees to abide by the reasonable terms of this division in
all its operations within the city, including all operations and facilities and transmission media used
in whole or in part in the provision of access lines in any newly annexed areas as specified in section
4.04.035(c) of this division.
(Ordinance 107, sec. 3.0, adopted 4/6/99)
§ 4.04.034 General terms.
(a) No rights agreed to in this division by the city shall be exclusive, and the city reserves the right
to grant franchises, licenses, easements or permissions to use the rights-of-way within the city to
any person as the city, in its sole discretion, may determine to be in the public interest.
(b) A permit holder is not authorized to provide cable service as a cable operator in the city under
this division, but must first obtain a franchise from the city for that purpose, under such terms and
conditions as may be required by law.
(c) The initial term of each permit issued under this division shall be one (1) year from the date of
issuance, unless terminated earlier by mutual written agreement of the city and the permit holder
or pursuant to law. At the expiration of the initial permit period, the permit shall be automatically
extended for successive periods of one (1) year, unless written notice of intent to terminate the
permit is given not less than sixty (60) days prior to the termination of the then-current period by
the city to the permit holder. When such notice is given, the permit shall terminate at the
expiration of the then-current period.
(d) The rights granted by this division inure to the benefit of the permit holder licensed hereunder.
The rights granted by permit under this division shall not be assigned, transferred, or sold to
another by the permit holder without the express written consent of the city. For the purposes of
this section, assignment, transfer or sale means a change of operating control of the permit holder,
expressly excepting an assignment or transfer to entities that control, are controlled by or are
under common control with the permit holder. Any such consent by the city shall not be withheld
unreasonably.
(Ordinance 107, sec. 4.0, adopted 4/6/99)
§ 4.04.035 Compensation to city.
(a) Rights-of-way fee.The permit holder shall pay to the city a rights-of-way fee that is calculated as
of month-end by applying the appropriate line fee to each access line owned, placed, or
maintained by the permit holder that is activated for use by an end-user or for another
telecommunications service provider that uses the permit holder’s services or facilities for the
provision of telecommunications service within the city. Compensation shall be in the amount as
set by the city council.
(b) Number of access lines.Each permit holder shall provide annually, within a reasonable time
after receipt of the city’s written request, a report showing the number of each type of access
line owned or placed and maintained by the permit holder within the city that are activated for
end-user customers and other telecommunications service providers at month’s end for each of
the preceding twelve (12) months. Such report shall be used solely for the purpose of verifying
the number of the permit holder’s access lines within the city that are activated for end-user
customers and telecommunications service providers. Upon written request, the permit holder
shall verify the information in the report and, upon reasonable advance notice, produce for the
city or permit inspection by the city of all non-customer-specific records and documents
reasonably calculated to verify the information. For purposes of payment of fees for use of the
rights-of-way, lines terminating at customer’s premises that are billed as “Lifeline,” “Tel-
Assistance,” or other service that is required to be similarly discounted pursuant to state or
federal law or regulation for the purpose of advancing universal service to the economically
disadvantaged shall not be included in the lines upon which the fee is calculated.
(c) Annexation and disannexation.Within thirty (30) days following the date of the passage of any
action effecting the annexation of any property to or the disannexation of any property from the
city’s corporate boundaries, the city secretary shall furnish the permit holder written notice of
the action and a map of the city’s corporate boundaries showing, if available, street names and
number details. For the purpose of compensating the city under this division, a permit holder
shall start including or excluding access lines within the affected area in the permit holder’s
count of access lines on the effective date designated by the state comptroller of public accounts
for the imposition of state local sales and use taxes, but in no case less than thirty (30) days from
the date the permit holder is notified by the city of the annexation or disannexation.
(d) Confidential records.In the event the permit holder supplies information, reports, documents, or
other written material to be retained by the city that the permit holder considers confidential, the
permit holder shall bind such material, mark it confidential, and deliver it directly to the city
secretary. The city shall keep such information confidential to the extent permitted by law. The
city shall obtain an attorney general’s opinion before disclosing any such confidential
information to a requesting third party. The city secretary shall also notify the permit holder of
the third-party request and provide the permit holder with a copy of the request to the attorney
general, as well as a copy of the attorney general’s opinion.
(e) No other fees.The payments due hereunder shall be in lieu of any permit, license, approval,
inspection, or other similar fees or charges, including, but not limited to, all general business
license fees customarily assessed by the city for the use of the rights-of-way against persons
operating businesses similar to that of the permit holder. Further, such rights-of-way fee shall
constitute full compensation to the city for all of the permit holder’s facilities located within the
rights-of-way, including interoffice-transport and other transmission media that do not terminate
at an end-user customer’s network interface device, even though those types of lines are not
used in the calculation of the rights-of-way fee.
(f) Timing of payment.The permit holder shall remit the line fee on a quarterly basis. The payment
shall be due on the forty-fifth (45th) day following the close of each calendar quarter for which
the payment is calculated.
(g) Uncollectibles.The permit holder has a statutory right to pass through to its customers on a pro
rata basis any compensation paid to the city for access to the rights-of-way. Any other provision
of this division notwithstanding, the permit holder shall not be obligated to pay the city for any
access lines for which revenues remain uncollectible.
(h) Facilities provided to other telecommunications service providers.To the extent allowed by
applicable state and federal law, any telecommunications service providers that purchase
unbundled network elements or other facilities for the purpose of rebundling those facilities to
create telecommunications service for sale to persons within the city shall pay to the city a
rights-of-way fee that is calculated as of month-end by applying the appropriate line fee, as
specified in subsection (a) of this section, to each access line created by rebundling services or
facilities. Such direct payment to the city is necessary because it is only the person creating the
services for resale that will be able to determine the number of access lines being provided, so
that the rights-of-way fee imposed herein can be applied on a nondiscriminatory basis to all
telecommunications service providers that sell telecommunications service within the city.
Other provisions of this division notwithstanding, the permit holder shall not include in its
monthly count of access lines any unbundled network elements or other facilities provided to
other telecommunications service providers for rebundling into telecommunications services, if
the telecommunications service provider that is rebundling those facilities for resale has
provided a signed statement to the permit holder that the telecommunications service provider is
paying the access line fees applicable to those rebundled services directly to the city. If the
permit holder provides a copy of the signed statement to the city, then the permit holder is
absolved of all responsibility for the line fees payable on the telecommunications service,
unbundled network elements, and other facilities rebundled for the creation of
telecommunications service for sale within the city.
(i) Fee application to leased facilities.Pursuant to Tex. Utilities Code section 54.206, a permit
holder may collect the line fee imposed by the city pursuant to this division through a pro rata
charge to the customers in the boundaries of the city, including any other persons who are
leasing, reselling or otherwise using the permit holder’s access lines to provide
telecommunications service. With respect to any person leasing, reselling, or otherwise using a
permit holder’s access lines, if a permit holder believes it does not have sufficient information to
determine the appropriate rate to apply, then the higher line fee shall apply until such time as the
person using the access lines provides to the permit holder sufficient written information to
determine the correct line fee. If a person provides sufficient written information for the
application of the line fee, permit holders may bill the person on the basis of the information
provided. The permit holder shall provide to the city any information regarding the locations to
which it is providing service or facilities for use by another person for the provision of
telecommunications service to end-user customers, so long as the city first obtains written
permission of such other person for the permit holder to provide the information to the city. Any
other provision of this division notwithstanding, however, a permit holder shall not be liable for
underpayment of line fees resulting from the permit holder’s reliance upon the written
information provided by any person that uses the permit holder’s service or facilities for the
provision of telecommunications service to end-user customers.
(Ordinance 107, sec. 5.0, adopted 4/6/99; Ordinance adopting Code)
§ 4.04.036 Construction and maintenance of facilities.
(a) The location and route of all facilities and transmission media placed and constructed in the
rights-of-way shall be subject to the lawful, reasonable and proper control and direction of the
city.
(b) Nothing contained in this division shall be construed to require or permit the attachment on or
placement in the permit holder’s facilities of any electric light or power wires or communications
facilities or other systems not owned by the permit holder. If the city desires to attach or place
electric light or power wires, communications facilities or other similar systems or facilities in or
on the permit holder’s facilities, then a further separate, noncontingent agreement with the permit
holder shall be required. Nothing contained in this division shall obligate the permit holder to
exercise or restrict the permit holder from exercising its right to enter voluntarily into pole
attachment, pole usage, joint ownership or other wire space or facilities agreements with any
person authorized to operate as a public utility or a telecommunications utility or authorized to
offer cable service within the city.
(c) The surface of the rights-of-way disturbed by the permit holder in the construction or
maintenance of its telecommunications system shall be restored within a reasonable time after the
completion of the work to as good a condition as before the commencement of the work. The
permit holder shall endeavor to minimize disruptions to the efficient use of the rights-of-way by
pedestrian and vehicular traffic, and rights-of-way shall not be blocked for a longer period than
shall be reasonably necessary to execute all construction, maintenance and/or repair work.
(d) Upon request, the permit holder shall remove or raise or lower its aerial wires, fiber or cables
temporarily to permit the moving of houses or other bulky structures. The expense of such
temporary rearrangements shall be paid by the party or parties requesting them, and the permit
holder may require payment in advance. The permit holder shall be given not less than forty-eight
(48) hours’ advance notice to arrange for such temporary rearrangements.
(e) The permit holder, its contractors and agents have the right, permission and license to trim trees
upon and overhanging the rights-of-way to prevent trees from coming in contact with the permit
holder’s facilities and transmission media. When directed by the city, tree trimming shall be done
under the supervision and direction of the city or under the supervision of the city’s delegated
representative.
(Ordinance 107, sec. 6.0, adopted 4/6/99)
§ 4.04.037 Relocation and removal of facilities.
(a) In accordance with Tex. Utilities Code Ann. section 54.203(c), upon thirty (30) days’ notice by
the city, the permit holder shall begin relocation of its facilities within the rights-of-way at its
own expense to permit the widening or straightening of streets. The notice by the city shall
include a specification of the new location for the permit holder’s facilities along the rights-of-
way.
(b) The city retains the right to move any facilities within the rights-of-way to cure or otherwise
address a public health or safety emergency. The city shall cooperate to the extent possible with
the permit holder in such instances to assure continuity of service and to afford to the permit
holder the opportunity to make such relocation itself.
(Ordinance 107, sec. 7.0, adopted 4/6/99)
§ 4.04.038 Indemnification of city.
The permit holder shall indemnify and hold the city harmless from all costs, expenses, and damages
to persons or property arising directly or indirectly from the construction, maintenance, repair, or
operation of the permit holder’s facilities located within the rights-of-way found to be caused solely
by the negligence of the permit holder, or any of the permit holder’s agents or contractors. Expenses
shall include any reasonable and necessary attorney’s fees and court costs. The city shall give the
permit holder prompt written notice of any claim for which the city seeks indemnification. The permit
holder shall have the right to investigate, defend and compromise any such claim. This provision is not
intended to create a cause of action or liability for the benefit of third parties, but rather this provision
is solely for the benefit of the permit holder and the city.
(Ordinance 107, sec. 8.0, adopted 4/6/99)
§ 4.04.039 Administration.
(a) The city may, at any time, make reasonable inquiries pertaining to the terms, conditions, rights
and obligations of this division, and the permit holder shall respond to such inquiries on a timely
basis.
(b) Copies of petitions, applications, and reports submitted by the permit holder to the Federal
Communications Commission or the public utility commission of the state shall be provided to
the city upon specific request.
(c) After reasonable notice to the permit holder, the city may establish, to the extent permitted by
law, such reasonable and nondiscriminatory rules and regulations as may be appropriate for the
administration of this division and the construction of the permit holder’s facilities in the rights-
of-way, so long as those rules and regulations are competitively neutral.
(Ordinance 107, sec. 9.0, adopted 4/6/99)
§ 4.04.040 Future contingency.
In the event this division, or any tariff or other provision that authorizes permit holders to recover
the fee provided for in this division, becomes unlawful or is declared or determined by a judicial or
administrative authority exercising its jurisdiction to be excessive, unenforceable, void, or illegal, in
whole or in part, then the city and all permit holders shall negotiate a new compensation arrangement
that is in compliance with the authority’s decision. Unless explicitly prohibited, the new compensation
arrangement shall provide the city with a level of compensation comparable to that set forth in this
division, as long as that compensation is recoverable by permit holders in a manner permitted by law
for the unexpired portion of the term of this division.
(Ordinance 107, sec. 10.0, adopted 4/6/99)
§ 4.04.041 Governing law.
This division shall be construed in accordance with the city code in effect on the date of passage of this
division to the extent that such code is not in conflict with or in violation of the constitution and laws
of the United States or the state.
(Ordinance 107, sec. 11.0, adopted 4/6/99)
§ 4.04.042 Nondiscrimination and competitive neutrality.
The city hereby recognizes that it has the legal duty to obligate, on a going-forward basis, all permit
holders to abide by the same terms and conditions imposed by this division, including, but not limited
to, the payment of the line fee, and to apply substantively same requirements governing their use and
occupancy of the rights-of-way.
(Ordinance 107, sec. 12.0, adopted 4/6/99)
§ 4.04.043 Application for permit; pre-existing facilities.
Any telecommunications service provider that owns facilities already located within the rights-of-
way on the date this division is enacted is hereby granted a permit hereunder; however, within thirty
(30) days from the effective date of this division all such telecommunications service providers shall
provide to the city a notice of pre-existing facilities. All prospective permit holders shall file a permit
application form at least thirty (30) days before placing any facilities in the rights-of-way. A permit
application form will not be accepted and a permit granted unless the applicant provides on that form
the name and address of the person to whom notices hereunder are to be sent, the date on which
the applicant expects to begin providing service within the city, a 24-hour-per-day contact number
for the applicant, and the certificate number of the applicant’s certificate issued by the public utility
commission the state or a notarized statement from a principal or officer of the applicant that no
certification by the public utility commission is required for the type of service to be offered by
applicant.
(Ordinance 107, sec. 13.0, adopted 4/6/99)
§ 4.04.044 Issuance and effective date of permit.
The city shall deliver a properly certified copy of this ordinance to the permit holder, along with a
permit hereunder, within fourteen (14) days after receipt of the notice of pre-existing facilities or the
permit application form. The effective date for any permit shall be the date of issuance; however,
the assessment of the line fee shall not begin until the first day of the second month after the date
of issuance of the permit. Permit holders with pre-existing facilities may continue the pre-existing
compensation arrangement until the first day of the second month following the issuance of the permit.
(Ordinance 107, sec. 14.0, adopted 4/6/99)
BUSINESS REGULATIONS
LOWRY CROSSING CODE