§ 29-122. Appeal.

A right-of-way user that has been denied registration, has been denied a permit, has had a permit revoked, or believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows:

(1)

Appellant shall provide, within five (5) days of denial, a written notice of appeal filed with the right-of-way manager of the department. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision within five (5) days of receipt of the appeal. Failure to render a decision within five (5) business days shall constitute a denial.

(2)

If a further denial is given, the appellant may thereafter file a written notice of appeal with the director within five (5) days. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The director shall provide a written decision within the ten (10) business days. Failure to render a decision within ten (10) days shall constitute a denial.

(3)

If a further denial is given, the appellant may thereafter file a written notice of appeal to the city council with the city clerk within five (5) business days of receipt of the directors written decision. The clerk shall notify the director and the appellant of the placement of the appeal on the first available city council agenda in compliance with the Texas Open Meetings law.

(Ord. No. 93319, § 1, 1-25-01)