(A) The city is the owner of the public rights-of-way (“ROW”) and has control and authority over access to such public rights-of-way within the jurisdictional boundaries of the city.
(B) The city has the right under local, state and federal law:
(1) To regulate the location and manner of construction within and to manage the safe, orderly and efficient use of the city's public rights-of-way;
(2) To facilitate timely installation of utility infrastructure in an environmentally sound manner; and
(3) To minimize the disruption of public property otherwise associated with construction within public rights-of-way.
(C) It is the policy of the city that the use and development of its public rights-of-way be undertaken and managed such that all city residents and businesses are provided reliable and high quality utility services at the lowest reasonable cost.
(D) Substantial public funds have been invested to build, maintain and repair the public rights-of-way and the city holds such public rights-of-way as assets in trust for its citizens. Regulation of construction in public rights-of-way:
(1) Helps reduce disruption of and interference with their use;
(2) Helps to prevent pavement damage and maintains the safe condition of the streets; and
(3) Protects the public health, safety and welfare. Such regulation is therefore a valid and appropriate exercise of the city's police power and is a municipal affair.
(E) The city intends through this chapter to establish a uniform policy for usage of its ROW that will:
(1) Permit fair, reasonable and non-discriminatory access to the ROW;
(2) Provide fair, reasonable and non-discriminatory compensation for the management and use of the ROW;
(3) Comply with all applicable federal, state and local laws, rules, regulations, ordinances, standards and policies, including the National Electrical Code and the National Electrical Safety Code and any city transmission and distribution standards;
(4) Support cost-effective, optimal use of public resources and economic development; and
(5) Minimize the congestion, inconvenience, cost, visual impacts and other adverse effects on the ROW, including environmental impacts which could result from the construction, operation and maintenance of redundant infrastructure.
(Ord. 2003-08, passed 3-17-03)