(a) The purpose of this Chapter is to provide requirements for the use or occupation of any and all Rights of Way and Public Property in the City, the issuance of Permits to Persons for such use or occupancy and to set forth the policies of the City related thereto.
(b) This Chapter does not take the place of any franchise, license, or permit which may be additionally required by law. Each Permittee shall obtain any and all such additional franchises, licenses or permits necessary to the operations and conduct of its business.
(c) No Person shall use, occupy, own or operate facilities in, under or over any Rights of Way within the City unless such Person first obtains a Franchise and/or Permits conforming to the requirements set forth therein and in this Chapter.
(d) The policy of the City with regard to Rights of Way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of Rights of Way for the public health, safety and welfare and to promote economic development in the City;
(3) To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the City's citizens and taxpayers at reasonable rates;
(4) To promote cooperation among the City and Franchisees and Permittees in the occupation of Rights of Way, and work therein, in order to minimize public inconvenience during work in the Rights of Way and avoid uneconomic, unneeded and unsightly duplication of facilities;
(5) To ensure adequate public compensation for the regulation of the private use of the Rights of Way and the regulation thereof; and
(6) To promote and require reasonable accommodation of all uses of Rights of Way and to establish the following priority of use of Rights of Way, when all requested usage of Rights of Way by Permittees cannot be accommodated:
A. Use by the City;
B. Use by another governmental entity with City's concurrence or other uses required by law;
C. Telecommunications and Utility and General Permittees and Franchisees shall have third priority;
D. Special Permittees shall have fourth priority; and
E. Residential Permittees shall have the fifth priority; provided, however, that the Service Director may reasonably require Right of Way Permittees and Franchisees to cooperate to accommodate use by other Permittees and Franchisees and provided further that the Service Director may alter this priority when the Service Director reasonably determines a deviation herefrom to be in the public interest.
(e) Nothing in this Chapter should be construed to apply the provisions of this Chapter to facilities owned or operated by the City or any of its operations.
(f) Unless otherwise specifically stated in a Permit, all Permits or Franchises granted hereunder shall be non-exclusive.