(A) Each registrant shall defend, indemnify, and hold harmless the city, its officials, boards, members, agents and employees against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses, including reasonable attorney's fees, arising from liability or claims of liability for bodily injury or death to persons or property damage in which the claim arises out of the installation, construction, repair, maintenance or operation of its facilities, and in the event of a final judgment being obtained against the city either independently or jointly with the registrant, the registrant shall pay such judgment with all costs and hold the city harmless thereon.
(B) The city shall notify the registrant in writing within a reasonable time of receiving notice of any issue it determines may require indemnification and the registrant shall defend the city at the cost of the registrant.
(C) Any registrant owning, operating or installing facilities in the right-of-way that provide water, sewer, gas, electric, telephone, internet, cable, video or other utility services, shall prepare and submit to the Director a master plan. Registrants shall submit an initial master plan no later than one hundred eighty (180) days after the effective date of the chapter. Thereafter, each such registrant shall submit semi-annually, as required by the Director, a revised and updated master plan. As used in this section, the term “MASTER PLAN” refers to a document reflecting any known future activity planned by the registrant to occur within one (1) year of its submission that would also require the issuance of a surface cut permit.
(D) The Director shall keep all master plans confidential in accordance with the provisions of the Kentucky Open Records Act, KRS 61.870 et seq., if directed by the registrant, and shall establish procedures to ensure that said master plans are utilized and inspected only for the purposes intended by this chapter.
(E) The city shall annually prepare a listing of streets that are to be repaved in the current city fiscal year, as well as an annual list of all streets eligible for resurfacing based on their pavement condition. The city shall provide each registrant with a proposed annual repaving list by no later than May 1 of each year, and the annual repaving list shall be made available for public inspection, including posting on the city's web-site by no later than July 1 of each year, and the annual eligibility list available by no later than January 15 of each year. These lists shall be kept on file with the Director for review by the registrants. The final annual repaving list is contingent upon the approval of the Council.
(F) Prior to applying for a surface cut permit, a party shall review the lists referenced above and shall coordinate, to the extent practicable, with each registrant, utility and street work shown on such plan to minimize damage to, and avoid undue disruption and interference with the public use of the right-of-way.
(G) The issue of joint planning and coordination shall be discussed at each regularly scheduled meeting of the Utility Coordinating Committee pursuant to this chapter.
(Ord. 2020-07, passed 6-8-20)