(A) In addition to the other requirements set forth herein each franchise, general and special permittee shall:
(1) Locate its improvements within the right-of-way in a manner which attempts to anticipate and preserve available space for future use by the city or other permittees, and submit to the city, in the form of a scaled drawing, the proposed location of the improvements for approval by the city prior to the placement or installation of any of the improvements;
(2) Use its best efforts to cooperate with other permittees and the city for the best, most efficient, most aesthetic and least obtrusive use of right-of-way, consistent with safety and to minimize traffic and other disruptions including street cuts;
(3) Participate in such joint planning and advance notification of right-of-way work, excepting such work performed in emergencies or other exigent circumstances;
(4) Cooperate with other permittees and in utilization of, construction in and occupancy of private right-of-way, but only to the extent the same is not inconsistent with the grant thereof or state or federal law or is not additionally burdensome to any property owner;
(5) Provide maps or other information identifying any changes since the most recent, previous plans, maps or description, in such form and at such times, no less than annually, as the regulations require. Said maps and information shall locate, describe and identify all uses, structures and facilities of such permittee, of and in the rights-of-way;
(6) Perform all work, construction, maintenance or removal of structures and facilities within the right-of-way in accordance with good engineering and construction practice and ODOT traffic control guidelines, including any appropriate safety codes and in accordance with the regulations and use best efforts to repair and replace any street, curb or other portion of the right-of-way, or facilities or structure located therein, to a condition materially equivalent or to city standards, whichever is greater, to its condition prior to such work, and to do so in a manner which minimizes inconvenience to the public, the city and other permittees, all in accordance with regulations and City Engineering Standards;
(7) Register with all appropriate underground reporting services; and
(8) Not, unless otherwise set forth in a permit and without the city’s prior written approval, enter into leases or other agreements for the use of such permittee’s facilities located within the rights-of-way. All such final, approved leases or agreements shall be filed with the Public Works Director.
(B) Each permittee shall assure that all subcontractors or others performing any work or services in the right-of-way on behalf of said permittee comply with all applicable provisions of this chapter and said permittee shall be responsible and liable hereunder for all actions of any such subcontractor or others as if said permittee had performed or failed to perform any such obligation.
(C) To the extent allowed by law, the city may limit the number of right-of-way opening permits, based upon, but not necessarily limited to, specific local considerations such as:
(1) The capacity of the right-of-way to accommodate service facilities;
(2) The impact on the community of the volume of facilities in the right-of-way;
(3) The disruption arising from numerous excavations of the right-of-way;
(4) The financial capabilities of the service provider and its guaranteed commitment to make necessary investments to erect, maintain and operate the proposed facilities; or
(5) Any other consideration based upon the interests of the public safety and welfare.
(Ord. 5-08, passed 3-3-08) Penalty, see § 54.99