(A) Title. This subchapter shall be known as the “City of Covington Right-of-Way Encroachment Management Ordinance” and shall apply to all facilities located in right-of-way controlled by the city.
(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, to the extent applicable, holding a valid franchise, contract or easement from or with 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 or authorized under state or federal law.
(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 the rights-of-way or charge reasonable compensation for such use. Any public utility or special purpose governmental entity, as defined herein, does not diminish or to any extent lose, waive, impair or lessen the lawful powers and rights which it now has or may have hereafter.
(1984 Code, § 96.30) (Ord. O-04-20, passed 1-28-2020)