(A) Purpose. The purpose and intent of this chapter is to establish and promote a policy and regulations specifically pertaining to the right-of-way that:
(1) Govern the placement and maintenance of certain facilities that are used to provide utility or similar services;
(2) Promote their conservation;
(3) Provide for the granting and management of reasonable access thereto;
(4) 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;
(5) Provide for the payment of fair and reasonable fees to the city to ensure that this chapter is properly administered and enforced;
(6) Minimize street cuts, damages to persons or property, and hardship to the general public;
(7) Promote cooperation among parties using the right-of-way; or
(8) Prescribe reasonable requirements regarding the placement and management of facilities therein consistent with federal and state law.
(B) Chapter not in lieu of franchise. Compliance with the requirements of this chapter shall not excuse any person from complying with all other requirements of law, including holding a valid franchise, interlocal agreement, contract, or easement of the city. Any franchise, contract or easement may include additional regulations, obligations, fees, and costs. In the event of a conflict between this chapter and any existing franchise or interlocal agreement, the provisions of the franchise or interlocal agreement shall control.
(C) Chapter not intended to impair existing contracts. Nothing in this chapter 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 the right-of-way or charge reasonable compensation for such use.
(E) Exemption of city-owned facilities. Facilities installed by the city that are not used to provide competitive utility services to customers in the City of Elsmere, provided that such facilities are not used at any future time for the provision of competitive utility services, including, but not limited to, facilities owned by the city, are not required to be registered pursuant to this chapter and are expressly not required to comply with the provisions of this chapter.
(Ord. 1818-2022, passed 9-13-22)