A. Pursuant to the statutes of the State of Oregon and the powers granted in the Charter of the City, the City Council declares its intent to acquire, own, operate, maintain, and manage rights of way and to acquire, maintain, and manage public easements.

B. The purpose of this chapter is to provide for the non-discriminatory and competitively neutral management of the public rights of way and public easements in the interest of public safety and convenience and the protection of public infrastructure.

C. When any of the words or requirements under this chapter are ambiguous and subject to interpretation, they shall be interpreted and applied so as to avoid a violation of federal or state law.

D. If any section, sentence, clause or provision in this chapter is held by a court of competent jurisdiction to be invalid or unenforceable, or is preempted by federal or state law, the remainder of this chapter shall not be affected.

E. The fees and costs provided for in this chapter are separate from, and in addition to, any and all federal, state, local and City charges as may be levied, imposed or due from a user, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of utility services.

F. The fees and costs provided for in this chapter are not subject to the property tax limitations of Article IX, Sections 11 and 11b of the Oregon Constitution. These fees and costs are not imposed on property or property owners.