(A) It is anticipated that an increasing number of requests will be made for access to and use of public rights-of-way for the provision of utility services.
(B) The city has the legal authority to regulate the use of its streets, public rights-of-way and other municipal property and to grant access thereto upon certain terms and conditions.
(C) Public rights-of-way within the city:
(1) Are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all persons and are used by the city to provide critical services to its citizens, including water and other public utilities, electric and communications services and services to protect public safety;
(2) Can be partially occupied by entities the facilities of which are used in the delivery, conveyance and transmission of utility services to the enhancement of the health, welfare and general economic well-being of the city and its residents;
(3) Are a unique and physically-limited resource so that proper management by the city is necessary to maximize the efficiency and to minimize the costs to the public of the foregoing uses, to protect against foreclosure of future economic expansion because of premature exhaustion of public rights-of-way as an economic resource and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, emplacement, relocation and maintenance in the public rights-of-way; and
(4) Are intended for public uses and must be managed and controlled consistent with that intent.
(D) The right to place privately-owned facilities and fixtures in such public rights-of-way for business purposes is a valuable economic right to use a unique public resource that has been acquired and is maintained at great expense to the city and its taxpayers.
(Ord. 2003-08, passed 3-17-03)