(a) The purpose of this chapter is to provide requirements for the use or occupation of any and Rights-of-Way and Public Property in the City, the issuance of Permits to Persons for such use or occupancy and to set forth the policies of the City related thereto.
(b) This chapter does not take the place of any franchise, license, or permit which may be additionally required by law. Each Permittee shall obtain any and all such additional franchises, licenses or permits necessary to the operations and conduct of its business.
(c) No person shall use, occupy, own or operate facilities in, under or over any Right-of-Way within the City unless such Person first obtains a Franchise and/or Permits conforming to the requirements set forth therein and in this chapter.
(d) The policy of the City with regard to Rights-of-Way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of Rights-of-Way in a manner which best protects the public health, safety and welfare and which promotes economic development in the City;
(3) To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the City's citizens and taxpayers at reasonable rates;
(4) To promote cooperation among the City and Franchisees and Permittees in the occupation of Rights-of-Way, and work therein, in order to minimize public inconvenience during work in the Rights-of-Way and avoid uneconomical, unneeded and unsightly duplication of facilities;
(5) To ensure adequate compensation for the private use of the Rights-of- Way and the regulation thereof; and
(6) To promote and require reasonable accommodation of all uses of Rights of Way and to establish the following priority of use of Rights-of-Way, when all requested usage of Rights-of-Way by Permittees cannot be accommodated:
A. Use by the City shall have first priority;
B. Use by another governmental entity with City’s concurrence or other uses required by law, and Utility Permittees and Franchisees shall have second priority;
C. Telecommunications Permittees and Franchisees shall have third priority;
D. Special Permittees shall have fourth priority; and
E. Residential Permittees shall have fifth priority;
provided, however. that the Director of Service may reasonably require Right-of-Way Permittees and Franchisees to cooperate to accommodate use by other Permittees and Franchisees and provided further that the Director may alter these priorities when the Director reasonably determines a deviation herefrom to be in the public interest.
(e) Nothing in this chapter should be construed to apply the provisions of this chapter to facilities owned or operated by the City or any of its operations.
(f) Unless otherwise specifically stated in a Permit, all permits or Franchises granted hereunder shall be non-exclusive.
(g) If an existing Permit conflicts with the requirements enacted by the amendments to this chapter, then this chapter shall have no effect on said Permit until the expiration of said Permit. Said Permits shall be governed by the laws or rules under which they were issued.
(Ord. 97-36. Passed 12-1-97.)