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All persons, including, but not limited to, franchise utilities, corporations, firms, companies, individuals, government agencies or officials, or any organization of any kind, who propose to install overhead or underground facilities, perform construction, or excavate in the public way, must obtain a construction permit to do so from the city engineer prior to any proposed work. Use of or construction on city property requires a lease, license, or city authorization. Regarding the following: (1) permitting of any work within the public ways and (2) lease, license, or authorization by the city for use or construction on city property, in the event of any conflict with any other chapter of this code, the procedures set forth in this chapter shall take precedence.

A. Prior to applying for a permit for construction or installation of facilities within the public ways the applicant will obtain any business license and/or franchise required in accordance with ACC Titles 5 and 20.

B. Prior to applying for use of or the construction of approved facilities on city-owned or public property the applicant shall obtain a facilities lease or license agreement from the city in accordance with ACC Title 20. The city council reserves unto itself the sole discretion to lease city property for any purpose, and no vested or other rights shall be created by this section or any provision of this chapter applicable to such facilities leases.

C. This chapter does not apply to utility permits issued under ACC Title 13. (Ord. 6797 § 1 (Exh. A), 2020; Ord. 5042 § 1 (Exh. C), 1998.)