Agenda Date: 12/03/2024
Subject:
Title
Ordinance 28-2024: An ordinance on second reading repealing and reenacting Title 8, Chapter 1 Streets and Sidewalks, General Regulations
Body
From:
James L. Becklenberg, City Manager
Prepared by:
Atasi Titlow, Sr. Asst. City Attorney
Presentations:
Reid Betzing, City Attorney
Brent Soderlin, Director of Public Works & Utilities
PURPOSE:
The purpose of this ordinance is to update varying provisions of the city's municipal code regarding right-of-way regulations to: 1) provide the public with a more streamlined process by establishing a process for obtaining permits and establishing fees; 2) codify Public Works and Utilities' current practice and centralize standard conditions into code; and 3) afford the city and public greater protections in the right-of-way by establishing a means to regulate and enforce the use of public rights-of-way.
LONG-TERM OUTCOME(S) SERVED:
Safe Community; High-Quality Governance
DISCUSSION:
Public and private uses of public rights-of-way for location of facilities and work activities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the city must ensure that the primary purpose of the rights-of-way, passage of pedestrian, bicycles, 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 rights-of-way by permanent and temporary private users is secondary to these public objectives and the movement of traffic. The city has a significant interest in ensuring that work activities conducted within the public rights-of-way are completed in a timely and cost-effective manner. It is necessary to require permits of permanent and temporary private users of the public rights-of-way, to establish permit procedures a...
Click here for full text