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A. Permit Required. No person shall occupy or encroach on right-of-way, nor store materials in, or perform work in, right-of-way without obtaining a permit from the City, except for maintenance of aboveground equipment such as customer service connections/drops, repairs or maintenance that does not require cutting or breaking of the roadway, curb or sidewalk, and routine maintenance or repair of equipment, and the installation of new replacement cables or wires on existing aerial facilities, when the installation, maintenance or repair will not impact vehicular traffic by closing or blocking a lane of vehicular traffic for more than two (2) hours. The City Manager or designee is authorized to establish application forms, procedures, terms, and conditions for such permits and to approve or deny permit applications. No newly overlaid street or newly constructed street shall be excavated for a period of five (5) years from the time of completion of the street overlay or the street construction unless specifically authorized in writing by the City or in response to an emergency. The City shall provide not less than one hundred twenty (120) days notice to utilities or other companies that currently utilize the right-of-way prior to any new overlay.

B. Permit Nonexclusive. The permit is not exclusive. The City expressly reserves the right to grant permits or rights to other persons, as well as the City's right to use the right-of-way for similar or different purposes, as allowed hereunder. The permit is subject to all recorded deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the right-of-way. Nothing in the permit shall be deemed to grant, convey, create, or vest in user a real property interest in land, including any fee, leasehold interest, or easement.

C. Permit Fee. The application for a permit shall be accompanied by a permit fee in an amount to be established by resolution of the City council.