(A) Responsibility for costs. Any act that a party is required to perform under this subchapter shall be performed at that party's cost, unless expressly provided for otherwise in this subchapter.
(B) Construction procedures and placement of facilities; obligation to minimize interference with the rights-of-way.
(1) All activities in the rights-of-way that are subject to this subchapter shall be performed in compliance with all applicable laws, ordinances, rules, and regulations. Each party subject to this subchapter shall obtain all other necessary permits, licenses, and authority as required by this subchapter or other applicable rule, law, or regulation.
(2) The city may require that facilities be installed at a particular time, at a specific place or location, or in a particular manner, as a condition of access to a particular right-of-way; may deny access if a party is not willing to comply with the city's reasonable requirements; and may remove, or require removal of, any facility that is not installed in compliance with the requirements of this subchapter and charge that party for all the costs associated with removal. Regardless of any other criteria, in the event the placement or location of a facility in a particular area of the right-of-way would constitute a public safety concern, the city may deny the placement of that facility in that area or order its relocation or removal.
(3) In order to minimize interference with the use of the rights-of-way by others, each party subject to this subchapter shall make reasonable efforts to minimize the number of surface cuts made, shall make reasonable efforts to coordinate such surface cuts with the city's paving schedule, and, if appropriate, shall enter into joint trenching and other arrangements with other parties.
(4) Any right-of-way or public property that is disturbed or damaged during the construction, excavation, installation, operation, maintenance, or repair of a facility shall be repaired within sixty (60) calendar days of the completion of those activities which caused the disturbance or damage by the party that disturbed or damaged the rights-of-way or public property. This time may be extended by the Director upon demonstration of reasonable cause by the subject party. Reasonable cause shall include, but not be limited to, inclement weather, natural disasters, and similar emergencies, including natural disasters and emergencies in other regions where a utility has sent local crews to provide assistance. Reasonable cause shall also include delay due to unforeseen public bidding complications and/or contractor non-availability for public utilities that are subject to state laws governing bidding and public procurements.
(5) Parties subject to this subchapter shall make every reasonable effort to stack or bundle conduit where feasible so as to occupy as little space as possible in the right-of-way, consistent with, and to the extent permitted by, applicable codes, standards, and regulations.
(6) The minimum clearance of wires and cables above the rights-of-way, and the placement of underground facilities, shall conform to Applicable codes, standards, and regulations.
(C) Duty to maintain all property in right-of-way. All parties subject to this subchapter shall maintain all of their facilities located in the right-of-way in a manner that promotes the public safety. By way of example, but not limitation, all facilities, including but not limited to poles and manholes, shall be maintained in a safe condition at all times. In the event any facility in the right-of-way endangers the public safety, the party responsible for such facility shall take reasonable steps to rectify the situation immediately upon notification and in accordance with this subchapter.
(D) Standards. All parties subject to this subchapter shall at all times use ordinary care and shall install and maintain in use commonly accepted methods and devices and utilize due diligence in performing any installation, construction, maintenance or other work in the right-of-way.
(E) Relocation or removal. Pursuant to § 91.54 and consistent with the procedures and criteria contained therein, all parties subject to this chapter shall, upon the provision of reasonable written notice of, and at the direction of the Director, promptly relocate or remove facilities, or rearrange aerial facilities, if required by a tariff, state or federal law, a franchise agreement with the city, or for a public purpose pursuant to this subchapter.
(Ord. 2018-11-01, passed 12-13-18)