a. The purpose and intent of this Subchapter is to establish and promote policies and regulations specifically pertaining to rights-of-way that:
i. Govern the placement and maintenance of certain facilities that are used to provide utility or similar services;
ii. Promote their conservation;
iii. Provide for the granting and management of reasonable access thereto;
iv. Ensure that the City's current and ongoing costs of granting and regulating private access thereto and use thereof are borne by the party seeking such access and causing such cost;
v. Provide for the payment of fair and reasonable fees to the City to ensure that this Subchapter is properly administered and enforced;
vi. Minimize street cuts, damages to persons or property and hardship to the general public;
vii. Promote cooperation among parties using rights-of-way; and
viii. Prescribe reasonable requirements regarding the placement and management of facilities therein consistent with federal and state law.
b. Subchapter Not in Lieu of Franchise. Compliance with the requirements of this Subchapter shall not excuse any person from complying with all other requirements of law, including holding a valid franchise, contract or easement granted by the City. Any franchise, contract or easement may include additional regulations, obligations, fees and costs.
c. Subchapter Not Intended to Impair Existing Contracts. Nothing in this Subchapter is intended to impair the legal right or obligation of any contract, franchise, or easement previously granted by the City.
d. Reservation of Regulatory and Police Powers. The City does not diminish or to any extent lose, waive, impair or lessen the lawful powers and rights which it now or may have hereafter to regulate the use of rights-of-way or charge reasonable compensation for such use.
(Ord. BG2020-19, 8/4/2020)