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(a) Whenever the city or the director deems it necessary to remove, alter, change, relocate, or adapt the underground or overhead facilities of a public service provider in the public right-of-way due to the city’s reconstruction, widening, or straightening of streets; replacement of water or wastewater facilities; installation of traffic signals, traffic signs, and markings; or construction of any other city public improvement project, the public service provider that owns the facilities shall conform its facilities with the project as prescribed by the director.
(b) The facilities must be conformed, at the public service provider’s expense, within 90 days after the director issues notice to the public service provider, unless a different schedule for the work is approved by the director.
(c) Facilities of a public service provider that are not conformed within the 90-day notice period or within the approved schedule will be deemed abandoned, and the city will not be liable for any damage to or destruction or removal of the facilities, or for any interruption or termination of service through the facilities, caused by the activity of the city described in this section. (Ord. Nos. 24495; 26263)
(a) A permittee shall:
(1) properly construct, install, operate, repair, relocate, upgrade, and maintain its facilities existing within the public right-of-way or, for an above ground utility structure, in or outside of the public right-of-way; and
(2) repair or restore any damage to other facilities, the public right-of-way, or private property that occurs as a result of improper construction, installation, operation, repair, relocation, upgrade, or maintenance of the permittee’s facilities.
(b) Facilities will be considered to be improperly constructed, installed, operated, repaired, relocated, upgraded, or maintained if:
(1) the construction, installation, operation, repair, relocation, upgrade, or maintenance endangers public health or safety or creates a public inconvenience;
(2) the facilities were required to be located within the right-of-way and they encroach upon private property or extend outside the right-of-way location designated in the permit;
(3) above-ground facilities located within the right-of-way are less than one and one-half feet from the face of the curb or less than six inches from a sidewalk;
(4) the construction, design, or configuration of the facilities does not comply with applicable local, state, or federal laws or regulations;
(5) the construction, installation, operation, repair, relocation, upgrade or maintenance is conducted in a manner that damages private property or another public service provider’s facilities;
(6) the facilities are not capable of being located or maintained using standard practices;
(7) the facilities are placed in an area that interferes with another public service provider’s facilities; or
(8) the facilities consist of an above ground utility structure that fails to comply with the AGUS Placement Guidelines without having received a waiver by the director under Section 43-141.
(c) It is a defense to prosecution under Subsections (b)(3) and (b)(4) of this section that the facilities were constructed or installed in the public right-of-way before March 1, 2001.
(d) It is a defense to prosecution under Subsection (b)(8) of this section that the facilities were lawfully constructed or installed before March 1, 2006.
(e) Nothing in this section may be construed to diminish the authority of the director to require specific placement of specific facilities. (Ord. Nos. 24495; 26263)
(a) If the director determines during construction that an emergency repair to a public right- of-way is necessary to correct a situation that is hazardous to the public, the director shall immediately notify the permittee. If the permittee does not commence the emergency repair promptly, the director may, in his sole discretion, cause performance of such emergency repair work as is necessary to correct the hazardous situation. The permittee shall reimburse the city for the actual direct and indirect costs of the work necessary to correct the hazardous situation, including cleanup. The permittee shall maintain the emergency repair until the permittee completes final repairs.
(b) If the director determines that a problem with a public service provider’s existing facility in a public right-of-way requires an emergency repair to correct a situation that is hazardous to the public, the director shall immediately notify the public service provider. If the public service provider does not commence the emergency repair promptly, the director may, in his sole discretion, cause performance of such emergency repair work as is necessary to correct the hazardous situation. The public service provider shall reimburse the city for the actual direct and indirect costs of the work necessary to correct the hazardous situation, including cleanup. The public service provider shall maintain the emergency repair until the public service provider completes final repairs. (Ord. Nos. 24495; 26263)
Any permit issued prior to March 1, 2001 will remain subject to the terms and conditions of city ordinances and requirements in effect at the time of issuance of the permit and is not affected by this article, except that, upon expiration or conclusion of the permit, a new or renewal permit must be obtained in accordance with this article. (Ord. Nos. 24495; 26263)
A person shall not use, or cause the use of, any nonwashable substance in the public right-of-way to mark the location of existing underground utilities. A person commits an offense if a marking he makes, or causes to be made, in the public right-of-way to mark the location of existing underground utilities remains visible longer than 30 days after being applied. (Ord. Nos. 25438; 26263)