(a) A general right of way permit may be granted to persons requesting to utilize the public right of way for general business purposes including the provision of electric, gas, water, sanitary sewer, storm water, telecommunication or other services to the City, its residents and taxpayers. The term of a general right of way permit shall be for ten (10) years from the date of issuance or such lesser term as the applicant requests.
(b) A special right of way permit may be granted to a person for a specific, limited use of the public right of way not to exceed more than one (1) mile of right of way. Special right of way permits may be granted for any amount of public right of way to agencies of the federal, state and local governments for governmental purposes. The term of a special right of way permit shall be for three (3) years from the date of issuance or such lesser term as the applicant requests.
(c) Each right of way permit shall specify the use or uses for which it is granted and shall contain such other nondiscriminatory terms and conditions that carry out the intent of this chapter. A new or amended right of way permit shall be required of the permit holder for any additional use of the public right of way not specified in the original permit. The right of way permit may allow the use of specified public property for the uses set forth in this chapter. A request for the transfer of a right of way permit shall be made in writing to the Director of Public Utilities. The transfer shall be deemed approved if the Director does not disapprove the request within thirty (30) days after receipt of a completed written transfer request. Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission, the Director, for good cause shown, may withhold, deny, or delay its consent to the transfer of the permit to any transferee based upon the transferee's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare. Transfers by the permit holder to affiliates under common ownership and control shall not require approval as long as the Director is provided thirty (30) days prior written notice.
(d) Every right of way permit granted under this chapter shall be non-exclusive and no property right of any nature shall be created by the granting of a permit under this chapter.
(e) No City owned or operated utilities shall be required to obtain a right of way permit. However, every City owned or operated utility that utilizes the public right of way shall be required to pay the fees established in Section 945.12.
(Ord. 375-02. Passed 10-8-02.)