(A) No person, firm, or entity shall construct or install any utility line, pipe, main, cable, fiber optic cable, manhole, drain, nor should any person or entity endeavor to repair within any rights of way of the City of Metropolis or on any other municipal property without obtaining a right of way permit as hereinafter provided. Further, no person or entity shall attempt to repair, replace, or remove any existing pipe, line, cable, fiber optic cable, drain, main, or other improvement or equipment within any right of way until such person or entity has first obtained a right of way permit. The provisions of this paragraph shall not apply to the city or any party contracting with the city to perform work within the rights of way on behalf of the city.
(B) Any person, firm, or entity, desiring to utilize city rights of way or to install any form of pipe, line, cable, fiber optic cable, main, manhole, drain or other improvement or equipment upon, across, or under any city right-of-way shall first make application to the city’s Planning and Zoning Department. Such application shall include a description as well as a map of the rights of way to be utilized, a description of the project, a description of the method of installation, the name, address, and contact information of any contractors intending to perform the work, and written detailed plans of the actual work to be performed, and any other information reasonably requested by the city’s Planning and Zoning department or the city’s consulting engineers. Any such person, firm or entity making an application to utilize city’s rights-of-way shall also meet with the city’s utility superintendents and consulting engineers to discuss the proposed work on city rights-of-way and to determine any special conditions that will apply to the project.
(C) No permit for installation, repair, upgrade, replacement, or removal of any pipes, lines, drains, cable, fiber optic cable, main, manhole, drain, or other equipment or materials upon, under, or across City rights-of-way shall be issued until the applicant has entered into an agreement with the city for the use of city’s rights-of-way. Such agreement shall be in substantially the same form as that which is attached as Exhibit A to the ordinance codified herein.
(D) That upon recommendation or approval of the city’s Planning and Zoning Department, the city’s consulting engineering firm, and upon completion and execution of an agreement in substantially the same form as that which is attached as Exhibit A to the ordinance codified herein, the Mayor of the City of Metropolis is hereby authorized to execute said agreement on behalf of the City and to issue the applicant a right of way permit.
(E) Any person, firm, or entity deemed to have violated any of the provisions of this section or any of the terms and conditions of the agreement which is attached as Exhibit A to the ordinance codified herein shall, upon conviction, be fined not less than $250 plus court costs and not more than $750 plus court costs.
(Ord. 2017-10, passed 2-27-2017)