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A. Any utility company owning, operating or installing in rights-of-way or any other public places facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the director a utility master plan, in a format specified by the director, that shows the location of the utility company's existing facilities in city streets, alleys, sidewalks and other public places, and shows all of the utility company's planned major utility work in city streets, alleys, sidewalks and other public places. Utilities shall submit an initial utility master plan no later than one hundred eighty (180) days after the effective date of the ordinance adopting this section. Thereafter, each utility company shall submit semi-annually, on the first regular business day of January and July, a revised and updated utility master plan. As used in this subsection, the term planned major utility work refers to any and all future excavations planned by the utility company when the utility master plan or update is submitted that will affect any public right-of-way or other public place for more than five days, provided that the utility company shall not be required to show future excavations planned to occur more than five years after the date that the utility master plan or update is submitted.
B. Any city department owning, operating or installing utility facilities in public rights-of-way shall prepare and submit to the director a utility master plan that shows the location of the department's existing facilities in rights-of-way and other public places, and shows all of the department's planned major utility work in rights-of-way and other public places. An initial utility master plan shall be submitted no later than one hundred eighty (180) days after the effective date of the ordinance codified in this chapter. Thereafter, each such department shall submit semi-annually, on the first regular business day of January and July, a revised and updated utility master plan. As used in this subsection, the term planned major utility work refers to any and all future excavations planned by the department when the utility master plan or update is submitted that will affect any public right-of-way or other public place for more than five days, provided that the department shall not be required to show future excavations planned to occur more than five years after the date that the utility master plan or update is submitted.
C. The director shall make all utility master plans submitted in accordance with subsections A and B of this section available for public inspection.
D. The director shall prepare a five year repaving plan showing the street resurfacing planned by the city for the next five years. The five year repaving plan shall be revised and updated on a semi-annual basis after receipt of the utility company's and city departments' utility master plans and updates. The director shall make the city's five year repaving plan available for public inspection. In addition, after determining the street resurfacing work that is proposed for each year, the director shall send a notice of the proposed work to all utility companies that have current utility master plans on file.
E. Prior to applying for an encroachment permit, any person planning to excavate in the public right-of-way or other public places shall review the utility master plans and the city's five year repaving plan on file with the director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such rights-of-way or other public places.
F. Excavations in city streets disrupt and interfere with the public use of city streets and damage the pavement. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among utility companies making excavations in city streets and between those utility companies and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure that excavations in city streets are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the city. Coordination also provides a means for utility companies to avoid payment of a trench cut cost recovery fee either by eliminating the need for a new excavation, or, if an excavation is made, by allowing the excavation to qualify for an exemption from the trench cut cost recovery fee pursuant to Section 12.12.140 of this chapter. However, even utility companies performing the best possible coordination will find it necessary to make excavations that do not qualify for an exemption from the trench cut cost recovery fee. For this reason, and in order to provide a further incentive for such utility companies to perform the best possible coordination, if a utility company coordinates its work with other
utility companies and/or the city so that no trench cut cost recovery fee is required for at least eighty (80) percent of the linear feet of its total excavations in city streets during a calendar year, the utility company shall receive a refund, without interest, of one-quarter (twenty-five (25) percent) of the trench cut cost recovery fees the utility company paid during that year. If a utility company coordinates its work with other utility companies and/or the city so that no trench cut cost recovery fee is required for at least ninety (90) percent of the linear feet of its total excavations in city streets during a calendar year, the utility company shall receive a refund, without interest, of one-half (fifty (50) percent) of the trench cut cost recovery fees the utility company paid during that year. If a utility company coordinates its work with other utility companies and/or the city so that no trench cut cost recovery fee is required for at least ninety-five (95) percent of the linear feet of its total excavations in city streets during a calendar year, the utility company shall receive a refund, without interest, of one hundred (100) percent of the trench cut cost recovery fees the utility company paid during that year. Upon appropriation by the city council, city funds authorized for the purpose of maintenance, repair or resurfacing of city streets shall be transferred to the special fund or funds created pursuant to Section 12.12.140(D) of this chapter, to replace any amount refunded pursuant to this subsection. The director shall adopt procedures for implementing this subsection. (Ord. 2009-022 § 2)
A. Any person required to pay a trench cut cost recovery fee pursuant to Section 12.12.140(B) of this chapter who desires to protest or otherwise challenge imposition of the fee shall tender to the city full payment when due, accompanied by a written notice containing the following information:
1. A statement that the required payment is tendered under protest; and
2. A description of the factual and legal basis for the protest.
B. A person directly and adversely affected by a decision made by the director pursuant to the provisions of this chapter may appeal the director's decision by filing a written notice of appeal with the city manager no later than ten (10) working days after receiving notice of the director's decision. Likewise, a person who pays a fee under protest may appeal the fee by filing a notice of appeal with the city manager no later than ten (10) working days after payment of the disputed fee. For purposes of this section, "city manager" means the city manager or the manager's designee. The notice of appeal shall set forth the name, mailing address and telephone number of the person appealing, and a statement describing the action being appealed, setting forth the grounds for the appeal and the relief requested. The scope of the appeal shall be limited to the grounds specified in the notice of appeal. The city manager shall hear the appeal, and shall render a decision on the appeal no later than thirty (30) days after the filing of a timely notice of appeal. The city manager's decision may affirm, reverse or modify the director's decision. The city manager's decision shall be the final and conclusive administrative remedy. A copy of the city manager's decision shall be provided to the person appealing at the address shown on the notice of appeal.
C. To challenge the city manager's decision in court, the appellant must first present a claim to the city in accordance with Section 3.04.070 of this code, within one year of when the appeal is denied. (Ord. 2010-036 § 9; Ord. 2009-022 § 2)
The purpose of this article is to promote the general health, safety and welfare of the citizens of the city of Sacramento by:
A. Establishing guidelines for the placement in the public right-of-way or private property of utility poles, boxes, cabinets, vaults and related facilities;
B. Establishing guidelines for the visual appearance of utility poles, boxes, cabinets, vaults and related facilities in order to insure that their appearance will not adversely impact the aesthetic quality of city neighborhoods;
C. Establishing guidelines to ensure compliance with disability access laws and safe passage of pedestrian and vehicular traffic;
D. Establishing guidelines to ensure the public is notified of proposed utilities on or adjacent to their property. (Ord. 2009-022 § 2)
No person shall install any utility pole, cabinet, vault or box or related facilities in any street without first obtaining an encroachment permit from the city; pay any fees and post any security required by the city; and in the course of constructing, installing, replacing, maintaining or repairing any utility pole, box, vault, cabinet or related facilities, comply with all applicable requirements of the city and any terms or conditions of encroachment permits, licenses, authorizations or approvals.
For large scale or long term projects, the director shall be authorized to establish special fees and payment plans to defray the costs incurred by the department of public works to supervise and regulate the installation of utility boxes and utility cabinets within the streets of the city. The director is authorized to approve reasonable schedules for installation of utility boxes and utility cabinets within the city streets for the purpose of promoting safety, reducing inconvenience to the public, and insuring adequate restoration and repair of the streets. A person and its officers, agents, contractors and subcontractors shall comply with any and all such schedules. (Ord. 2015-0015 § 4; Ord. 2009-022 § 2)
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