§ 1200. Intent and purpose.

A.

In order to provide for the public health, safety and welfare of the citizens of the City of Tulsa, as well as to ensure the structural integrity of the City's streets and related infrastructures; to minimize the disruption to the traveling public; and to ensure costs incurred by the City to acquire, maintain and manage the rights-of-way are properly allocated among the various users of the rights-of-way, the City hereby establishes standards for authorizing and managing the placement of facilities in rights-of-way; performing installation, maintenance and other work in the rights-of-way; and appropriately recovering costs incurred by the City related to such activities.

B.

It is the intent of this chapter to charge those persons that own, manage, operate or control the facilities located in the rights-of-way a fee based upon the proportion of facilities they have in the rights-of-way to the amount of costs the City of Tulsa incurs in acquiring and maintaining the rights-of-way. It is not the intent of this chapter to collect fees from resellers, even though they may use facilities in the rights-of-way. It is not the intent of this chapter to prohibit those persons that own, manage, operate or control the facilities in the rights-of-way from passing the fees they pay pursuant to this chapter along to their customers and others, including resellers.

C.

It is the intent of this chapter that all trunk, mainline, area or system-wide facilities, unless otherwise authorized by a special use permit, franchise or otherwise, shall only be located within arterial rights-of-way as defined by this chapter. It is intended that local or individual distribution lines directly attaching to individual customer service lines shall usually be located in a rights-of-way which is not an arterial rights-of-way. In any instance where the classification of a line as a trunk or local line is not clear due to specific fact circumstances pertaining to said line, the classification determination shall be made by the rights-of-way occupant with due regard to the primary function and purpose being served by the line.

(Ord. No. 19945)