The City of Topeka holds the rights-of-way within its geographical boundaries in trust for its citizens. The City and other public entities have invested public funds to build and maintain the rights-of-way.

The City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the citizens of Topeka bear the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation.

Right-of-way obstruction is a source of frustration for merchants, business owners and the citizenry who must avoid these obstructions or change travel or shopping plans because of them. Obstructions also have a detrimental effect on commerce. Entities whose equipment is within the right-of-way are the primary cause of these frequent obstructions.

In response to the foregoing facts, the City hereby enacts the following provisions relating to right-of-way permits and administration. This chapter imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of State and Federal agencies. Under this chapter, entities disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. (Ord. 17587 § 1, 10-24-00. Code 1995 § 130-631.)