(A) There is hereby created a franchise to construct, erect, operate and maintain upon, through, along, under and over the streets, alleys, avenues, public roads, highways, bridges, viaducts, sidewalks and other public ways of the city a telephone and communications system embracing underground conduits, manholes, telephone poles, cables, boxes, wires, fixtures, electrical conductors and other apparatus, equipment and facilities necessarily and essentially used or useful to and in the operation of a telephone and communications system, subject to all of the provisions of this chapter.
(B) The city declares as a legislative finding that the rights-of-way within the city:
(1) Are a unique and physically limited resource;
(2) Are critical to the travel and transport of persons and property in the city;
(3) Are intended for public uses and must be managed and controlled consistent with that intent;
(4) Can be partially occupied by the facilities of utilities and public service entities, to the enhancement of the health, welfare and general economic well-being of the city and its citizens; and
(5) Require adoption of the specific additional regulations established by this subchapter to ensure coordination of users, maximize available space, reduce maintenance and costs to the public, and facilitate entry of a maximum number of providers of communications and other services in the public interest.
(Ord. 2005-07, passed 6-20-2005)