§ 46-21. Purpose and objectives.

(a)

Purpose. This article provides principles, procedures and associated funding for the placement of structures and facilities, construction excavation encroachments and work activities within or upon any public right-of-way, and to protect the integrity of the road system. To achieve these purposes, it is necessary to require permits of private users of the public rights-of-way, to establish permit procedures and to fix and collect fees and charges.

(b)

Objectives. Public and private uses of public rights-of-way for location of facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the city must insure that the primary purpose of the right-of-way, passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible. In addition, the value of other public and private installations, roadways, facilities and properties should be protected, competing uses must be reconciled, and the public safety preserved. The use of the right-of-way corridors by private users is secondary to these public objectives, and the movement of traffic. This article is intended to strike a balance between the public need for efficient, safe transportation routes and the use of rights-of-way for location of facilities by public and private entities by:

(1)

Insuring that the public safety is maintained and that public inconvenience is minimized.

(2)

Protecting the city's infrastructure investment by establishing repair standards for the pavement, facilities, and property in the public rights-of-way, when work is accomplished.

(3)

Facilitating work within the rights-of-way through the standardization of regulations.

(4)

Maintaining an efficient permit process.

(5)

Conserving and fairly apportioning the limited physical capacity of the public rights-of-way held in public trust by the city.

(6)

Establishing a public policy for enabling the city to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition and technological development.

(7)

Promoting cooperation among the permittees (as defined herein) and the city in the occupation of the public rights-of-way, and work therein, in order to (i) eliminate duplication that is wasteful, unnecessary or unsightly, (ii) lower the permittee's and the city's costs of providing services to the public, and (iii) minimize street cuts.

(8)

Assuring that the city can continue to fairly and responsibly protect the public health, safety, and welfare.

(Ord. No. 18-06, § 1, 4-17-2018)