§ 40-286. Intent of article.

It is the intent of the city council by the enactment of this article to regulate the surface and subsurface use and occupancy of public streets and rights of way by permittees and to establish a permitting mechanism and fee in accordance with the city's general power of control and regulation of public streets and highways as provided by law. However, this article shall not be construed as an assertion by the city of any property rights in derogation of abutting land owner's fee simple title and rights incident therein, in those cases where the city does not own fee simple title. It shall be the duty of permittees hereunder to notify all abutting landowners, whether title is held in fee or easement, of the permittee's receipt of the permit provided for in this article and to obtain any requisite permission to access said land.

(Ord. No. 91-1157, § 1, 8-14-91)