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122.01 Purpose | 122.11 Permissive Denial |
122.02 Permits Required | 122.12 Sale, Assignment, or Change In Use |
122.03 Installation and Location | 122.13 System Expansion |
122.04 Company’s Duty to Relocate | 122.14 System Abandonment |
122.05 Temporary Support | 122.15 Small Wireless Facility Permit |
122.06 Indemnification | 122.16 Permit Fees |
122.07 Insurance Certificate | 122.17 Permit Terms |
122.08 Performance Bond | 122.18 Revocation |
122.09 Submittal of Plans | 122.19 Effective Date |
122.10 Other Obligations | |
The City of Ankeny's street right-of-way areas are owned by the city primarily for the purpose of vehicular and pedestrian passage and for facilitating the city's essential public services and safety. The city recognizes that it holds the right-of-way within its boundaries as an asset in trust for its citizens. This chapter provides for uniform permitting procedures for the installation and maintenance of private or commercial utility and communication facilities within the City of Ankeny rights-of-way and on city property. This chapter also provides for the recovery of expenses from non-franchise utility companies using the public rights-of-way for private gain.
(Ord. 1984 - Nov. 19 Supp.)
A person, corporation or company (hereafter referred to as "Company") that does not hold a franchise agreement with the City of Ankeny and proposes to install utility or communication facilities within the City of Ankeny right-of-way or other city property shall be required to obtain permits as provided in this chapter. Furthermore, the Company shall be required to obtain a Right-of-Way Permit in accordance with Chapter 151.
1. The utility accommodation for franchise utility companies is defined by Chapter 364 of the Code of Iowa and is included in the Chapters 115 through 121 of the Code of Ordinances of the City of Ankeny. Franchise utilities are thus exempt from the permit requirements of this section.
2. Utility / communication installations that, in the opinion of the public works director, are not of a significant scope to warrant permitting, shall be exempt from this chapter. Said installations are subject to the requirements of Chapter 151.
3. Small Wireless Facilities are compact, low power wireless communication transceivers generally mounted on street lights or utility poles within the street right-of-way. These specific utility installations are subject to a Small Wireless Facility Permit in accordance with Section 122.15 of this chapter.
4. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa, or as subsequently amended or changed.
(Ord. 1984 - Nov. 19 Supp.)
Subject to the following provisions and conditions, the Company shall have the right to excavate within the street right-of-way for the purpose of laying, relaying, repairing or extending pipes, mains, conduits, communication cables and other facilities provided that the same shall be so placed as to not unreasonably interfere with the construction of any water pipes, sewer pipes or the flow of water therefrom, which have been or may hereafter be located by authority of the city.
1. Installation and Maintenance of Service Facilities. The Company's equipment and distribution facilities shall be installed in accordance with good engineering practices and shall be located, constructed, repaired and operated so as not to endanger or interfere with the lives of persons, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic. The construction, repair, maintenance and operation of the Company’s facilities shall be in accordance with all applicable laws, ordinances, regulations and codes of the Federal, State and city.
2. Company’s Duty to Not Obstruct and to Restore. Company’s facilities shall be located as to cause no interference with the proper use of streets and other public ways, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets or other public ways. In making excavations in any streets for the installation of pipes, conduits or apparatus, the Company shall not unreasonably obstruct the use of the streets and shall replace the surface, restoring it to the condition as existed immediately prior to excavation. Said practices shall meet the requirements of the current edition of the Iowa Statewide Urban Standard Specifications, which function as the city standard construction specifications. Any opening or obstruction in the streets or other public ways made by the Company in the course of its operation, pursuant to the authority granted hereunder, shall be guarded and protected at all times by the placement of traffic control, including advance signing, barricades or fencing in accordance with the Manual on Uniform Traffic Control Devices.
3. Underground Installation. All cables, wires, fibers, pipes and conduits installed in connection with any utility system shall be installed underground, except where above-ground connections to buildings or other locations where necessary as verified by the public works director. Existing wood poles within the right-of-way may be used for above-ground utility installations, if permission is obtained from the owners of said poles and public works director.
4. Limitation of Space. The public works director shall have the authority to prohibit the placement of new or additional equipment within the right-of-way if there is insufficient space available to occupy the right-of-way. In making such decisions, the public works director shall strive to the extent possible to accommodate all users, but shall be guided primarily by considerations of the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future city plans for public improvements and development projects.
5. Company’s Duty to Restore Ground Surface. The Company shall, at its own expense and in a timely manner approved by the public works director, promptly replace and restore all sod, sidewalk, driveway, or street pavement disturbed by the Companies operations. Said restoration shall provide as good a finished condition as before said work was commenced. All work shall be completed in conformance with current city design and construction standards.
If at any time, the City of Ankeny undertakes a street or utility improvement project and said project alters the street grade, street dimensions or public utility locations such that said improvement project requires the relocation of the Company’s facilities along the project corridor, the Company shall complete the relocation at its own expense. Such relocation may include removing, relaying, or lowering underground facilities or other equipment. The Company’s relocation work shall be completed in a timely manner and coordinated with the said city improvement project so that the construction of the city project is not delayed. For specific city improvement projects, the Company shall relocate their facilities prior to the scheduled construction start date when provided with at least a 120 day notice by the city.
When a city crew or a city contractor performs work in the right-of-way and finds it necessary to maintain, support, or temporarily move a Company's equipment in order to protect it, the costs associated therewith will be billed to that Company. In such event, the public works director shall notify the affected Company of the action the city intends to take with respect to such equipment and shall afford such company the opportunity to take the action necessary to support or temporarily move its equipment to facilitate the city operation.
(Ord. 1984 - Nov. 19 Supp.)
The Company shall indemnify and save harmless the city from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, to the extent caused or occasioned by the Company’s negligence in construction or maintenance of the utility facilities authorized by this ordinance; However, the Company shall not be obligated to defend, indemnify and save harmless the city for any costs or damages to the extent arising from the negligence of the city, its officers, employees or agents.
Before any permit shall be issued, the applicant shall submit or have on file with the City of Ankeny a certificate of insurance evidencing the existence of liability insurance deemed adequate by the city to cover the risk presented by the work being undertaken in the right-of-way. The type and limits of insurance shall meet the requirements of the current edition of the SUDAS Standard Specifications, Section 1070, with the city listed as an additional insured party on the certificate.
(Ord. 1984 - Nov. 19 Supp.)
Before any permit shall be issued, the applicant shall post a performance bond with the City of Ankeny to cover the expenses necessary to restore disturbed surfaces, repair existing pavements, replace sod, replace landscaping and otherwise provide restoration of the right-of-way that is disturbed by the construction associated with the utility installation within the right-of-way. The amount of the bond shall be $10,000.00 unless the public works director determines that a larger amount is necessary to be sufficient to cover the cost of restoring the right-of-way to its proper and required condition pursuant to the city's standard construction specifications. The performance bond shall be a surety bond in accordance with the requirements of the current edition of the SUDAS Standard Specifications, Section 1070.
1. If the Company fails or neglects to properly restore the right-of-way to its proper condition within a reasonable time after notice by the public works director of such failure or neglect, or fails to pay restoration costs incurred by the city to cure, the restoration costs as certified by the public works director shall be promptly paid by the Company or bonding company as the case may be.
2. In lieu of filing a performance bond in connection with each separate permit application, an applicant with numerous concurrent utility projects may, at the discretion of the public works director, be allowed to post with the City of Ankeny an alternate form of security in the form of an annual performance bond, letter of credit, certificate of deposit, or certified check in an amount deemed sufficient by the public works director, but in no event less than $10,000.00 per utility installation, to secure the applicant's performance of the restoration work which the applicant will become responsible for during the next 12-month period.
(Ord. 1984 - Nov. 19 Supp.)
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