§ 722-2. Right of Way Administration.  


Latest version.
  • (a)

    Administration. The director shall be the principle city official responsible for the administration of Chapter 722, except as otherwise provided herein. The director may delegate any or all of the duties hereunder to the city engineer or other designee.

    (b)

    Right-of-Way Occupancy. Each person who occupies, uses or seeks to occupy or use the right-of-way to operate a system located in the right-of-way, or who has, or seeks to have, a system located in any right-of-way, shall be subject to the requirements of Chapter 722, including persons operating under a permit, license or franchise issued by the city prior to the effective date of this Chapter, except that nothing in this chapter shall control as against the express terms of a valid franchise granted to a public utility to occupy the right-of-way.

    A permit, license, franchise, or other permission for a provider to use or occupy the right of way is a nonexclusive, limited right to occupy the right-of-way in the city, for the limited purposes and for the limited period stated in the permit, license, or franchise, and in accordance with the requirements of this chapter. Permits to occupy the right-of-way may not be subdivided or subleased; provided, however, that two or more providers may co-locate facilities in the same area of the right-of-way so long as each such provider complies with the provisions of this chapter. A permit does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its facilities on facilities of others, including the city's facilities.

(Ordained by Emer. Ord. No. 349-2012, § 1, eff. Sept. 26, 2012; Emer. Ord. No. 042-2014, § 13, eff. March 19, 2014)