(A) The purpose of this chapter is to provide for the regulation of the use or occupation of all rights-of-way in the city, the issuance of right-of-way permits to persons for such use or occupancy and to set forth the policies of the city related thereto.
(B) A right-of-way permit issued pursuant to this chapter does not take the place of any service agreement, franchise, license, or permit which may be additionally required by law. Each permittee shall obtain any and all such additional state, federal or city franchises, licenses or permits necessary to the operation and conduct of its business or the occupation or use of any right-of-way.
(C) The City Manager is hereby directed and empowered to enforce the provisions of this chapter.
(D) The city's objectives regarding rights-of-way is:
(1) Promote cooperation among telecommunications service providers and the city to minimize public inconvenience during ROW work and disruption of public property; and ensure safe and efficient use of the city's streets, right-of-ways, and easements;
(2) Promote the availability of a wide range of utility, communications, and other services, including the rapid deployment of new technologies and innovative services to city businesses and residents at reasonable costs;
(3) Enhance the city's economic development programs;
(4) Ensure adequate public compensation for private use of the ROW and related costs;
(5) Promote and require reasonable accommodation of all users of ROW;
(6) To comply with the Telecommunications Act of 1996 and all applicable laws, rules and regulations;
(7) To promote the utilization of rights-of-way for the public health, safety and welfare; and,
(8) To assure that applicants have the financial, technical and managerial resources to comply with this chapter and the provisions of any right-of-way permit issued hereunder.
(E) All right-of-way permits granted hereunder shall be non-exclusive and no property right of any nature shall be created by the granting of a permit under this chapter.
(F) This chapter does not apply, and nothing herein should be construed to apply the provisions of this chapter, to structures or facilities owned or operated by the city or any city operations that occupy or use the rights-of-way. It is specifically contemplated, however, that all city departments or divisions that utilize the rights-of-way shall carry out their operations in a manner consistent with the policy set forth in this chapter, including participation and cooperation in all joint planning hereunder and identification of structures and facilities located in the rights-of-way.
(Ord. 152-97, passed 12-15-97)