(A) Before NMUI may conduct underground work involving excavation, renovation, new construction or major relocation work in any rights-of-way, NMUI shall first notify the city not less than five working days prior to commencement of the work and shall comply with any special conditions relating to location, scheduling, coordination and public safety. NMUI shall file maps and drawings with the Director showing the location of any proposed construction or extension of its facilities and services in any rights-of-way of the city. Such proposed construction work to be done by NMUI shall be performed and coordinated in a safe manner subject to the approval of the Director and in accordance with applicable federal and state laws and city ordinances, regulations and permit requirements now or hereafter existing including the Barricade and Street Excavation Ordinance, as that ordinance may be amended from time to time. In addition to any other depth standards, NMUI shall establish a minimum depth of no less than 18 inches below finished grade for all its facilities' lines.
(B) Construction forecast. On or before the first day of the sixth month of each franchise year, the city and NMUI agree to meet and exchange three year construction forecasts, together with such additional information as the city and NMUI deem appropriate relating to projects planned within the city. The city and NMUI shall hold such meetings as they deem necessary to exchange additional information with a view toward coordinating their respective activities in these areas where such coordination will prove mutually beneficial to the public by minimizing disruption and costs to the public. NMUI will comply with all building and zoning codes and assure that aesthetic and other relevant planning principles have been given due consideration. It is recognized that, notwithstanding the foregoing, the city retains absolute discretion over the timing and all other aspects of its proposed projects and NMUI acknowledges that it has a duty to coordinate its work within city projects prior to city bidding its work. The city will make reasonable efforts to allow NMUI work to be incorporated in its projects. NMUI will not cut or otherwise disturb any new or rehabilitated pavement within two years of its placement, except or unless NMUI repaves such roadway section to specifications as may be required by the city.
(C) Interference; permits. All facilities constructed by NMUI within rights-of-way of the city shall be located so as to cause minimum interference with public use of streets, alleys and other public ways and shall be maintained in good repair and condition. Facilities located on, upon, and under rights-of-way shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with resolutions, ordinances, rules and regulations of general application as may be adopted by the city to control and monitor such activities. NMUI will acquire and pay for permits in accordance with such rules and regulations as the city deems appropriate, and the city may inspect the manner of such work and require remedies as may be necessary to assure compliance. It is understood that this work involves the health, safety and welfare of the community and from time to time must be done under circumstances which will make the prior acquisition of a permit infeasible, and in those cases the permit shall be applied for by NMUI on the next working day.
(D) Compliance with laws. NMUI shall take measures which will result in its facilities meeting the standards required by applicable federal, state and city laws. Upon the city's request, NMUI will provide the city with copies of any reports submitted to these agencies in compliance with such laws.
(E) City use of NMUI property. Upon reasonable request by the city and to the extent NMUI can do so, NMUI will grant joint use of its property which it now, or in the future, owns or has an interest in within NMUI's service territory or the city limits to the city for purposes including, but not limited to, parks, drainage facilities, bikeways, traffic conduits, mass transit corridors, storm sewerlines, pedestrian area parking, open spaces and electric, cable, and natural gas distribution, provided that NMUI shall not be required to make such an offer in any circumstance where such offer would interfere with NMUI's use of its property. Compensation for such joint use shall be as negotiated by the city and NMUI. If the city's joint use is accepted by NMUI, then any improvements deemed appropriate by the city shall be made by the city at its sole expense.
(F) Maintenance. NMUI shall be responsible for the maintenance of the property within reasonable proximity of and upon which NMUI maintains above- ground facilities, including the removal of weed and litter.
(G) ADA. NMUI shall insure its facilities in rights- of-way are located and constructed in a manner such that access is not impaired in compliance with the Americans with Disabilities Act (ADA). Following notice by the city of an ADA construction problem, NMUI shall have 60 days or other reasonable time to remedy the problem. In the event the city and NMUI cannot agree that a problem exists, any dispute shall be submitted to mediation pursuant to § 13-4-4-8(D) herein.
(Ord. 1-1994; Am. Ord. 32-2007)