(a) The purpose of this chapter is to provide for the regulation, planning, management and administration of the use or occupation of all rights-of-way in the City, the issuance of right-of-way permits to persons for such use or occupancy and to set forth the policies of the City relating thereto.
(b) A right-of-way permit issued pursuant to this chapter does not take the place of any service permit, franchise, license, or permit which may be additionally required by law, including any required by these Codified Ordinances. Each permittee shall obtain any and all such additional State, Federal or City franchises, licenses or permits necessary to the operation and conduct of its business or the occupation or use of any right-of-way, provided, however, that no permittee holding a valid right-of-way permit shall be required to obtain a service permit for any type of services rendered by said permittee for which the City did not require service permits at the time said permittee's permit was last issued or renewed. Should there be a direct conflict between the provisions of this chapter and a valid service permit, the provisions of the service permit shall prevail, provided, however, that additional obligations shall not be construed as a conflict.
(c) The City Manager is hereby directed and empowered to enforce the provisions of this chapter.
(d) The City's policy regarding rights-of-way is to promote the utilization of rights-of-way for the public health, safety and welfare and to promote economic development in the City including, but not limited to, the following:
(1) To promote the availability of a wide range of utility, communications and other services, including the rapid deployment of new technology and innovative services, to the City's residents and taxpayers at reasonable costs;
(2) To promote cooperation among the permittees and the City in the occupation of rights-of-way, or work therein, in order to minimize public inconvenience during right-of-way work, and ensure safe and efficient use of the City's streets, rights-of-way, and easements, and eliminate wasteful, unnecessary or unsightly duplication of facilities;
(3) To promote public safety and protect public property;
(4) To ensure adequate public compensation for private use of the rights-of-way and the costs related thereto, including the regulation thereof;
(5) To promote and require reasonable accommodation of all uses of rights-of-way, and when all requests for right-of-way use cannot be accomplished, to give priority for use of rights-of-way, in the order indicated, from highest to lowest, to the following users:
A. The City for governmental purposes;
B. Another governmental entity for governmental purposes with the City's concurrence, or other governmental use required by law;
C. General right-of-way permittees and proprietary uses by the City;
D. Special right-of-way permittees, provided, however, that the City Manager may reasonably require cooperation and accommodation among permittees in the public interest.
(e) All right-of-way permits granted hereunder shall be nonexclusive and no property
right of any nature shall be created by the granting of a permit under this chapter.
(f) This chapter does not apply, and nothing herein should be construed to apply the provisions of this chapter, to structures or facilities owned or operated by the City or any City operations that occupy or use the rights-of-way. It is specifically contemplated, however, that all City departments or divisions that utilize the rights-of-way shall carry out their operations in a manner consistent with the policy set forth in this chapter, including participation and cooperation in all joint planning hereunder and the identification of structures and facilities located in the rights-of-way.
(g) Applicants shall have the financial, technical and managerial resources to comply with this chapter and the provisions of any right-of-way permit issued hereunder, provided that, for purposes of this chapter, an applicant possessing valid authorization from the Public Utilities Commission of Ohio, including certification pursuant to Ohio R.C. 4933.81 et seq., for the services to be provided by the facilities subject to this chapter, shall be presumed to possess the requisite financial, technical and managerial resources, unless otherwise shown by clear and convincing evidence.
(Ord. 99-64. Passed 9-7-99.)