(a) If the location or proposed location of any Element of a public or private Utility System is in a Public Right of Way; then, the consent of the City, evidenced by the issuance by the City of a Revocable Street Privilege Permit in accordance with Chapter 913 of the Codified Ordinances, must be obtained by that Utility Service Provider before the construction, demolition or removal of any Element of the Utility System is permitted or any excavation by that Utility Service Provider in the Public Right of Way is permitted. The person desiring to exercise any license or privilege for which a permit is required under Section 913.02 shall apply in person or by duly authorized representative to the City Manager. If the applicant is not the owner of the abutting property in connection with which the privilege or license in the street or public way is desired, such owner must join in the application and sign the same, and when a request under this section is granted, the application and the permit signed by the City Manager shall constitute the authority under the terms of which the applicant is permitted to occupy or do the things or acts specified in, upon, or over the street or public place in the City. The City Manager may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the public Right of Way, or when necessary to protect the public Right of Way and its users. The City Manager shall consider the following factors: the extent to which public Right of Way space where the permit is sought is available; the competing demands for the particular space in the Right of way; the availability of other locations in the public Right of Way or in other Public Right of Way or within utility easement areas outside of the Right of Way; the applicability of ordinance or other regulations of the Right of Way that affect the location of elements in the Right of Way; the degree of compliance of the applicant with the terms and conditions of its franchise, this chapter, and other applicable ordinances and regulations; the degree of disruption to surrounding communities and businesses that will result from the use of that part of the public Right of Way; the condition and age of the public Right of Way, and whether and when it is scheduled for total or partial reconstruction; the balancing of the costs of disruption to the public and damage to the public Right of Way, against the benefits to that part of the public served by the expansion into additional parts of the public Right of way; and the feasibility of accomplishing the desired goal outside of the public Right of Way.
(Ord. 1452. Passed 7-14-08.)
(b) This Title Six does not require any Utility Service Provider that, as of the effective date of this chapter, occupies, or has obtained the consent of a City to occupy, a Public Right of Way in the City, to apply for additional or continued consent of the City as to any existing lines, poles, pipes, conduits, ducts, Equipment, and related appurtenances and Facilities that are in place on the effective date of this Title Six.
(Ord. 1190. Passed 8-28-00.)