(a) Nothing in this section relieves a public service provider from obtaining a permit under this article to perform work in the public right-of-way.
(b) In order to protect the public health, safety, and welfare, a public service provider maintaining or operating existing facilities in the public right-of-way must register with the director in accordance with the following requirements:
(1) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities.
(2) Registration expires March 1 of every other year after the calendar year in which the first registration occurs. If a registration is not renewed by the expiration date, the director shall furnish written notice to the public service provider that the registration has expired. If the public service provider fails to renew registration within 30 calendar days after the director gives notice of the expiration, the facilities of the public service provider will be deemed to have been legally abandoned.
(3) If information provided as part of the registration changes, the public service provider must inform the director in writing not more than 30 days after the date the change occurs.
(4) The public service provider shall also include the following with the registration:
a. The name of the public service provider using the public right-of-way, including any business name, assumed name, or trade name the public service provider operates under or has operated under within the past five years.
b. If the public service provider is a certificated telecommunications provider, the certificate number issued by the state public utility commission.
c. The ordinance number of any franchise or license issued by the city that authorizes the public service provider to use the public right-of-way.
d. The names, addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the public service provider. At least one of the addresses must be within the Permian Basin area.
e. The name and mailing address of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider.
f. The name, address, and telephone number of any contractor or subcontractor, if known, who will be working in the public right-of-way on behalf of the public service provider.
g. The names and telephone numbers of at least two persons serving as emergency contacts who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge.
h. Proof of existing insurance that complies with the following requirements:
1. The minimum insurance coverage for a public service provider must be commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000.00 per occurrence, $25,000,000.00 products/completed operations aggregate, and $25,000,000.00 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the state. The city must be named as an additional insured on the policy by using endorsement CO 20 26 or broader.
2. The insurance filed by a public service provider must also meet the same requirements as insurance filed by a permittee under subsection (b)(4)h.1 of this section, a public service provider has the same duties, obligations, and liabilities as a permittee, except that a public service provider does not have to file separate proof of insurance every time it obtains a permit to perform work in the public right-of-way.
3. If the public service provider is an entity that has a tangible net worth ratio of three to one (assets to liabilities) with a minimum tangible net worth of at least $100,000,000.00, proof of self-insurance sufficient to meet the coverage required in this subsection is sufficient to satisfy the insurance requirements of this subsection.
i. The insurance requirements of this section do not apply to:
1. Construction or other activity performed by the city's own forces or by contractors hired by the city and working on city-owned facilities within the public right-of-way; or
2. A public service provider operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council.
(Ord. No. 033-2017, Exh. A(17-28.040), 8-22-2017)