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A. There is a substantial government interest in protecting public rights-of-way from damage or failure in order to maintain them for the convenience and use of the public and prevent unnecessary expenditure of public resources.

B. The city desires to continue to provide all required means of access to and in the city’s public rights-of-way which may be mandated by state or federal law and/or city law, regulation or permit to entities, including, but not limited to, utilities, franchise operators and constructors of public improvements.

C. Excavation and trenching in public rights-of-way may result in premature road damage from compaction of joints or patches.

D. The public health, safety and welfare is served when the city requires public rights-of-way surfaces to be restored after trenching or cutting to their preexisting functional condition, including restoration of an equivalent useful life of the surface of the public rights-of-way.

E. The city desires to impose reasonable restrictions upon cutting or trenching of newly constructed, reconstructed or resurfaced public rights-of-way in order to ensure that said public rights-of-way are maintained, restored for use by the public, protected from damage or failure and continue to serve the public for the full useful life of the public rights-of-way surface.

(Ord. 2266 NCS §1 (part), 2007.)