All construction work performed in the Public Right-of-Way shall be performed in the manner resulting in the least amount of damage and disruption of the Public Right-of-Way.
(a) Underground Facilities.
(1) Whenever any existing electric utilities, cable facilities, telecommunications Facilities or other similar Facilities are located underground in the Public Rights-of-Way of the City, the Permit Holder must, when practical, as determined by jointly by the City Engineer, also locate its Facilities underground, Permit Holder utilizing best efforts to do so.
(2) Unless otherwise authorized by the Inspector for good cause, Construction of Underground Facilities shall utilize Trenchless Technology, including, but not limited to, horizontal drilling, directional boring, and microtunneling, if technically and/or technologically feasible. In addition, all cable, wire or fiber optic cable facilities to be installed underground shall be installed in conduit, without using direct bury techniques.
(b) Overhead Facilities. In the event underground location of its Facilities is not practical, the Permit Holder shall install its Facilities only on existing utility poles. In the event it is not practical to do so, as determined by the City Engineer after consultation with the City Electrical Superintendent, Permit Holder utilizing best efforts to do so, then new utility poles may be erected and used with the Citys permission. Nothing in this provision shall be construed as eliminating any requirement of Permit Holder's to obtain Facility attachment agreements with public or private owners of poles and/or infrastructure and pay any fees associated therewith.
(c) Excess Capacity. To reduce Excavation in the Public Right-of-Way, it is the Citys goal to encourage Permit Holders to share occupancy of underground conduit as well as to Construct, whenever possible, excess conduit capacity for occupancy of future Facilities in the Public Right-of-Way. Therefore, if a Permit Holder is Constructing underground conduit in the Public Right-of-Way for its own Facilities, and the City reasonably determines such Construction is in an area in which other Providers would likely construct Facilities in the future, the City may require the Permit Holder to Construct extra conduit capacity in the Public Right-of-Way, provided the Permit Holder shall be reimbursed for the use of the excess capacity by any other Permit Holder that uses the excess capacity. The Permit Holder may charge a reasonable market lease rate for occupancy of the additional conduit space as reimbursement.
(d) City Owned Conduit. If the City owns or leases conduit in the path of a Permit Holders proposed Construction of Facilities, and provided it is technologically feasible for the Permit Holders Facilities to occupy the conduit owned or leased by the City, the Permit Holder shall be required to occupy the conduit owned or leased by the City in order to reduce the necessity to Excavate the Public Right-of-Way. The Permit Holder shall pay to the City a reasonable fee for such occupancy. The City and the Permit Holder may agree to amortize the fee through annual payments to the City.
(Ord. 133-01. Passed 12-3-01.)