(A) Generally. This chapter shall be known as the Dakota Dunes Community Improvement District Right-of-Way Construction and Administration Ordinance.
(B) Findings and purpose.
(1) In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its streets and the use of the right-of-way, the district strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the right-of-way, a primary cause for early and excessive deterioration of the district right-of-way is the frequent excavation by persons whose equipment is located therein.
(2) Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel plans because of them. Persons whose facilities are located within the right-of-way are the primary cause of these frequent obstructions.
(3) The district recognizes that persons and business entities, by placing their equipment in the right-of-way and charging the citizens of the district for goods and services delivered thereby are using the property held for the public good. Although such services are often necessary or convenient for the citizens of the district, such persons and/or business entities receive revenue and/or profit through the use of public property.
(4) Where roads are being constructed or reconstructed to the district standards, existing facilities within the right-of-way which conflict with the proposed construction may have to be modified or relocated.
(Prior Code, § 5-24)