(a)
The purpose of this article is to provide a method to license or
permit the privilege of making use of public streets, alleys, sidewalks
or other public ways which would otherwise be unlawful, and nothing
in this article shall be deemed to conflict with sections 12.01 through
12.06 of the charter of the city requiring franchises in order to
use the public streets, alleys, sidewalks or other public ways by
public utilities in order to furnish a public service which the public
has a right to demand.
(b)
This article shall not apply where other provisions of this code
or other ordinances of the city govern the use of streets, alleys,
sidewalks and other public ways by specific occupations.
(Ordinance 420 adopted 11/12/19)
No person shall place any encroachment within any public street,
alley, sidewalk or other public way or appropriate any portion thereof
to a private use without first obtaining a street, alley, sidewalk
or public way use license from the city.
(Ordinance 420 adopted 11/12/19)
All applications for a license to make a specific use of the
public streets, alleys, sidewalks or other public ways shall be made
to the director of planning and development services. Such application
shall be made on a form provided by the director for that purpose.
The applicant shall state the complete purpose for making the application
and all facts the director deems pertinent to the granting of such
license. All information furnished by the applicant shall be correctly
stated; otherwise, any license issued thereunder may be declared void
by the city manager or city council.
(Ordinance 420 adopted 11/12/19)
(a)
All street, alley, sidewalk or public way license agreements prepared
by the director of planning and development services shall be submitted
to the city manager if the duration of the license is for thirty (30)
days or less, and to the city council for approval if the duration
of the license is for greater than thirty (30) days.
(b)
In the event the city manager denies a license application, the applicant
may appeal the decision to city council by filing a written appeal
with the city secretary within ten (10) business days after the denial
of the license application is mailed to the applicant or personally
delivered, whichever occurs first. If no appeal is filed within ten
(10) business days, the decision of the city manager becomes final
and unappealable. The written appeal should contain all information
on which the city council can make a decision. The city council shall
hear the appeal within thirty (30) days after the appeal is filed
with the city secretary.
(Ordinance 420 adopted 11/12/19)
All street, alley, sidewalk or public way use license agreements
shall state the specific nature of the use granted and the term thereof;
shall provide that the city will be held harmless and indemnified
against bodily injury or property damage claims or suits arising out
of or connected with the issuance of such license; shall provide for
revocation of such license upon thirty (30) days’ notice, or
sooner in case of a violation of the agreement; and shall contain
such other terms as may be appropriate.
(Ordinance 420 adopted 11/12/19)
The fees and charges for services furnished by the city, shall
be determined from time to time and placed on file in the office of
the city secretary.
(Ordinance 420 adopted 11/12/19)
If the application is made for the purpose of constructing,
installing, laying, maintaining, operating and/or repairing a pipeline
for the transportation of natural gas, oil and/or other hydrocarbons
across and under a public street or streets, this section shall apply.
A per-rod license payment for the use of the streets, alleys, sidewalks
or other public ways, shall be required, as negotiated in good faith
by the city and the applicant.
(Ordinance 420 adopted 11/12/19)
