(a) Right-of-Way Meetings. Permittee will make reasonable efforts to attend and participate in meetings of the City, of which the Permittee is made aware, regarding Right-of-Way issues that may impact its facilities, including, planning meetings to anticipate joint trenching and boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Permittee shall work with other providers, licensees, Permittees, and franchisees so as to reduce so far as possible the number of Right-of-Way cuts within the City and the amount of pedestrian and vehicular traffic that is obstructed or impeded.
(b) Minimal Interference. Work in the Right-of-Way, on other public property, near public property, or on or near private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Permittee's facilities shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other Facilities that are located or may have been laid in the rights of way by, or under, the City’s authority. The Permittee's Facilities shall be located, erected and maintained so as not to endanger or interfere with the lives of Persons, or to interfere with new improvements the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the rights of way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation or removal thereof, and shall not obstruct or impede traffic.
(c) Underground Construction and Use of Poles.
(1) When required by general ordinances, resolutions, regulations or rules of the City or applicable State or federal law, Permittee's Facilities shall be placed or relocated underground at no cost to the City. Placing Facilities underground does not preclude the use of essential ground-mounted appurtenances.
(2) Where all Facilities are installed underground at the time of Permittee’s construction, or when all such Facilities are subsequently placed underground, all Permittee Facilities shall also be placed underground at no expense to the City unless funding is generally available for such relocation to all users of the rights of way. Related equipment, such as pedestals, must be placed in accordance with the City’s applicable code requirements and rules. In areas where existing Facilities are aerial, the Permittee may install aerial Facilities.
(3) For above ground Facilities, the Permittee shall utilize existing poles and conduit wherever possible. No Permit shall be issued for the construction of new poles or towers in the Rights-of-way without the determination of the Service Director that existing facilities are not available or suitable for the applicants needs and that the proposed new above ground structures are compatible with the immediate area.
(4) Should the City desire to place its own Facilities in trenches or bores opened by the Permittee, the Permittee shall cooperate with the City in any construction by the Permittee that involves trenching or boring, provided that the City has first notified the Permittee in some manner that it is interested in sharing the trenches or bores in the area where the Permittee's construction is occurring. The Permittee shall allow the City to place its Facilities in the Permittee's trenches and bores, provided the City incurs any incremental increase in cost of the trenching and boring. Should the City desire to install Ducts or Conduit for the possible use of other entities, then the Permittee shall allow the City to place these Facilities in the Permittee’s trenches and bores, provided the City shares proportionally in the cost of trenching and boring. The City shall be responsible for maintaining its respective Facilities buried in the Permittee's trenches and bores under this paragraph.
(d) Use of Conduits by the City. Unless otherwise restricted by tariff, the City may install or affix and maintain its own Facilities for City purposes in or upon any and all of Permittee’s ducts, conduits or equipment in the rights of way and other public places, at a charge to be negotiated between the parties (but in no event greater than the best price charged by Permittee to any other user), to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For the purposes of this subsection, "City purposes" includes, but is not limited to, the use of the structures and installations for City fire, police, traffic, water, telephone, and/or signal systems.
CONSTRUCTION AND RESTORATION STANDARDS
FOR NEWLY CONSTRUCTED OR OVERLAYED STREETS
No person shall cause an open trench excavation or potholing of utilities in the pavement of any Public Right-of-Way for a period of three years from the completion of construction or resurfacing of the street except in compliance with the provisions of this Section.
(a) Application. Any application for a Permit to excavate in a Public Right-of-Way subject to the requirements of this section shall contain the following information:
(1) A detailed and dimensional engineering plan that identifies and accurately represents the City rights of way or property that will be impacted by the proposed excavation, as well as adjacent streets, and the method of construction.
(2) The street width or alley width including curb and gutter over the total length of each City block that will be impacted by the proposed excavation.
(3) The location, width, length, and depth of the proposed excavation.
(4) The total area of existing street or alley pavement in each individual City block that will be impacted by the proposed excavation.
(5) A written statement addressing the criteria for approval.
(b) Criteria for Approval. No Permit for excavation in the Right-of-Way of new streets shall be approved unless the Service Director finds that all of the following criteria have been met:
(1) Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts.
(2) Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable.
(3) The proposed excavation cannot reasonably be delayed until after the three- year deferment period has lapsed.
(c) Exemptions for Emergency Operations. Emergency maintenance operations shall be limited to circumstances involving the preservation of life, property, or the restoration of customer service. Persons with prior authorization from the City to perform emergency maintenance operations within the public rights of way, shall be exempted from this section. Any person commencing operations under the laws of this section shall submit detailed engineering plans, construction methods and remediation plans no later than three Working days after initiating the emergency maintenance operation.
(d) Exemptions for Non-Emergency Operations. A Permittee may apply to the Service Director for an exemption under this section when the construction is necessary in the public interest or to provide a public service. By way of example, but not by limitation, an exemption could be requested in order to provide services to a part of the City where no service would be available without construction. If a non-emergency exemption is granted to disturb a public way within the three (3) year period, the Service Director may, in his sole discretion, impose additional restoration requirements, including but not necessarily limited to, repaving of a larger area, such as an entire block in which the construction occurs.
(e) Construction and Restoration Standards for Newly Constructed or Overlaid Streets and Alleys. The streets shall be restored and repaired in accordance with design and construction standards adopted the City and guaranteed in accordance with Section 919.09
.
(Ord. 14-2002. Passed 1-8-02.)