A. Utility Relocations by Other Users. Any user that requires the relocation of another user's facilities within the public right-of-way shall be responsible for the cost of such relocation and shall establish an agreement with the other user to address the relocation project and related cost payment.
B. Notice—Clearance Letter. As part of the county's project development process, county will provide advanced notice to users of all planned county projects along with the county's designated start dates for individual projects. Upon such notice, the county will require each user with facilities located in a planned project zone to provide a clearance letter to county certifying that the current location of user's facilities in the planned project zone is fully and correctly depicted on the county's plans stamped "final plans for public utilities only" and assuring that user's facilities will not impact, conflict, or interfere with the project. If a user's facilities will impact, conflict, or interfere with the county's project, user shall acknowledge in the clearance letter that work will be performed by user to avoid any impact, conflict, or interference with the county's project and identify a completion date for the work that is acceptable to county. Acceptance by county of user's work completion date shall not relieve user of the liability for any delay costs attributable to user's facilities. In the event user's work completion date is later in time than the county's designated project start date, user shall be absolutely liable for all delay costs attributed to the delay of county's project start date. User shall provide the county with the required clearance letter within ten working days of the mail out date of the county's notice.
C. Construction, Relocation Costs. Any user shall be solely responsible for the design, adjustment, modification, construction, relocation, or removal, either temporarily or permanently, of its facilities located in the public right-of-way, and shall be responsible for any action that impacts, conflicts, or interferes with county's use of the right-of-way or the county's improvement, relocation, or adjustment of its own facilities, including any costs incurred by county as a result of the user's facilities or actions therein. The design, adjustment, modification, removal, relocation, or replacement of user's facilities shall be completed at no cost to the county unless the user has established prior rights with the county for the affected facilities or, in the case of county improvement districts, if the relocation is necessitated by an exclusive county sewer utility project.
D. Delay Costs. If county realizes an impact, conflict, or interference to the project as a result of user's facilities, the user shall be responsible for all damages attributed to the impact, conflict, or interference with the project including the cost of any delays arising from such impact, conflict, or interference. In the event county incurs any such costs, the user shall be billed for such costs and shall pay the invoiced amount to county within sixty calendar days of the date of the invoice. No permits will be issued to the user for any work within the public right-of-way until all outstanding invoiced costs are paid in full to the county.
E. Invasive Vegetation Mitigation. A substantial amount of research conducted in recent years has identified invasive species proliferation as one of Pima County's major environmental problems. Land adjacent to public roadways is a common area for the establishment of invasive species such as Buffelgrass. Work within the right-of-way has been shown to exacerbate the spread of invasive plants. All users are strongly encouraged to incorporate invasive species mitigation measures whenever disturbing public rights-of-way and should contact the Buffelgrass Coordination Center for information on invasive species eradication and control measures prior to initiating any work within county rights-of-way.
F. Vegetation Mitigation. Any user of the right-of-way that disturbs, damages or removes vegetation must mitigate such disturbance, damage, or removal in accordance with county standards for planting and restoration within public right-of-way.
(Ord. 2017-46 § 1, 2017; Ord. 2008-72 § 1 (part), 2008)