10-20-210 Construction of conduit system.

   When poles and wires are to be removed from any street, the person maintaining such poles or wires shall, upon notice from the executive director of emergency management and communications or the Commissioner, install the necessary conduits for his wires and appliances in the manner hereinafter provided.

   A combination conduit system shall be constructed consisting of such duct space as may be required by each person, the ducts for each to terminate in a separate manhole to which no one except such person’s own employees shall have access. Only such persons as have an express grant from the City Council authorizing a conduit system shall have the right to duct space.

   A conduit in any street may be constructed by any one of the persons requiring duct space, but the option of constructing such conduit shall be with the person requiring the most space and paying the largest proportion of the cost.

(Prior code § 33-8; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 19; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 4)

10-20-215 Plans for conduit system.

   When a conduit system is decided upon for a street, or a part thereof, plans shall be drawn showing the construction in detail, exact space occupied and location in the street. The plans must be approved by the majority of those requiring space in the conduit, and must also be approved by the Commissioner and the Executive Director of Emergency Management and Communications or someone authorized by him to approve the plans.

   A standard form of construction shall be adopted and approved by the Commissioner and the Executive Director of Emergency Management and Communications and such standard construction shall be followed wherever conditions will permit.

(Prior code § 33-9; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 20; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 5)

10-20-220 Materials and cost of conduit system.

   Conduits shall be constructed of some approved form of pre-cast concrete which will admit of varying the number of ducts as conditions may require and maintain a uniform construction on all streets. The exact character of the material used shall be decided upon by such persons as are to occupy a part of such conduit space. Should they fail to agree, the Commissioner and the Executive Director of Emergency Management and Communications shall designate what material and class of construction shall be used, and his decision shall be final.

   The cost of constructing the conduits shall be divided pro rata per duct foot of space required, and where individual lateral connections are required, the entire cost of such laterals shall be paid for by the person requiring them.

(Prior code § 33-10; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 21; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 6)

10-20-230 Utilidor use – Permit and fees.

   (a)   It shall be unlawful for any person to access a utilidor without first obtaining a utilidor permit from the Commissioner.

   (b)   An application for a permit to access a utilidor shall contain: (1) the name of the applicant; (2) the name, address and telephone number of the underground facility owner; (3) the location of the utilidor to be accessed; (4) the purpose of the access; (5) the proposed commencement date and the estimated duration of the usage; (6) the number of linear feet of conduit to be used; and (7) other information that the Commissioner may reasonably require for the issuance of a utilidor permit.

   (c)   Beginning January 1, 2025, a permit fee of $500.00 shall be required for entering any utilidor. In addition, a fee of $100.00 per linear foot for conduit use or installation from the utilidor shall be paid by the person who accesses a utilidor. Beginning January 1, 2026, and each year on January 1 thereafter, this permit fee and fee for conduit use shall automatically increase in proportion to any increase in the CPI, as defined in Section 10-29-040, up to 2.5 percent in any one year. The Commissioner shall have such fees published on a publicly accessible website.

   (d)   No person shall be granted a permit under this section unless that person holds a public way work license as provided in Article I of Chapter 10-20.

   (e)   Utilidor permits shall be valid for a maximum of 30 days and shall not be eligible for renewal. If a permittee wishes to access a utilidor for more time than listed on the permit, a new permit shall be applied for. A separate utilidor permit is required to access each utilidor. Access and usage fees shall be paid for each permit.

(Added Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 7)

10-20-240 Rules.

   The Commissioner is authorized to promulgate such rules as are necessary or useful to implement the administration and enforcement of this article.

(Added Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 8)

10-20-250 Violation – Penalty.

   (a)    Any person who violates this Article II of Title 10* or applicable rules relating to underground work shall be fined not less than $2,500.00 nor more than $5,000.00 for each offense.

* Editor’s note – As set forth in Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 9. Intended reference was likely Article II of Chapter 10-20; future legislation will correct if needed.

   (b)   In addition to the fine specified in subsection (a), any person who violates Section 10-20-203(b) shall be required to restore the surface of any public way or other public place which may be opened or otherwise disturbed. If the bituminous surface of a street was opened, the violator shall be required to resurface the entire street from the intersections on either side of the opening made. All work required under this subsection shall be done to the satisfaction of the Commissioner, in accordance with public way restoration standards. These standards shall be in the form of rules promulgated by the Commissioner.

   (c)   In addition to any fine imposed under subsection (a), any person who accesses a utilidor or who uses conduits connected to the utilidor without a permit from the Department of Transportation shall be liable for a fine of $500.00 per linear foot used or installed from the utilidor.

(Prior code § 33-11; Amend Coun. J. 1-14-97, p. 37762, § 22; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. V, § 9)

ARTICLE III. PRIVATE PAVING (10-20-300 et seq.)

10-20-300 Board of local improvements authorization.

   No person shall build, construct or lay a pavement by private contract on any public way in the city, unless he first shall have made application to the board of local improvements and otherwise complied with the licensing and permitting requirements of this chapter.

   Before such permit is issued, the said applicant shall deposit with the board of local improvements a sum sufficient to cover the estimated cost of engineering, inspection, supervision and other services. Against such deposit, charges shall be made by the board of local improvements for such services as may be required from time to time at such rates as will correspond to those established by the city council for similar services. Nothing in this section shall be held to apply to pavements laid by special assessment or special taxation or to the construction, building or laying of pavement in connection with the operation, maintenance, improvement, installation or removal of parking meters by a person, or the person's designee, acting pursuant to a concession agreement approved by the city council governing the operation, improvement, installation, removal and maintenance of, and collection of fees from, certain designated parking meters.

(Prior code § 33-12; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 23; Amend Coun. J. 12-4-08, p. 50506, § 13)