Sec. 122.430. - Permits to State for road construction.

(a) The Director of Public Works is authorized to grant and issue permits to the State, or to any State agency, for the construction of improvements on City-owned rights-of-way if: (1) The State project involved is a primary or secondary road project; and (2) The improvements sought to be constructed on City-owned rights-of-way are necessary to the completion of the project. (b) An application for issuance of the permit shall be filed with the Public Works Department, accompanied by such drawings, maps and other information as the City Engineer may require. The City Engineer shall review the application and accompanying documents for appropriate usage of the City-owned rights-of-way and conformity of the intended improvements with the City's own capital improvement program. If the intended improvements are appropriate and in conformity, the City Engineer shall approve the application and forward it to the Director of Public Works. If the intended improvements are not appropriate or do not conform as required by this subsection, the City Engineer shall disapprove the application and return it to the State agency that filed it. The City Engineer may suggest changes in the intended improvements so that they will be appropriate and in conformity. (c) The approved application forwarded by the City Engineer shall be considered by the Director of Public Works. If he grants the permit, he shall execute a written permit and issue it to the State agency that requested it. The form of the permit shall be approved by the Office of General Counsel. A copy of the permit shall be filed in the Real Estate Division. (d) Notwithstanding that a permit may be granted by the Director of Public Works, the City retains jurisdiction over the portion of the City-owned rights-of-way subject to the permit for the purpose of capital improvement planning and construction for the general welfare of the people of the City. (Ord. 2018-871-E , § 2)