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If any part of this Article, or the application thereof to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Article are severable.
(Added by Ord. 341-98, App. 11/13/98)
(a) Need for City Communications Infrastructure. The Department of Technology shall consider adding City communications infrastructure to any permit issued for an excavation project under this Article 2.4 to create more efficient delivery of communications services to the public and for the City's needs.
(b) Response to Notice. Upon receipt of a notice issued pursuant to Section 2.4.14 that a utility or municipal excavator intends to apply for an excavation permit to install underground conduit, the Department of Technology shall review the application to determine whether it is both financially feasible and consistent with the City's long-term goals to add City communications infrastructure to the proposed excavation project.
(1) If the determination is affirmative, the presumption will be that the Department of Technology will participate in the excavation project by requiring the excavator to install City communications infrastructure.
(2) If the determination is negative, the Department of Technology shall notify the applicant and the Department within 7 days of issuance of the notice that the Department of Technology does not intend to participate in the excavation project.
(a) Adoption of Requirements. The Department of Technology, in consultation with the Department, shall by order develop and implement the Department of Technology Requirements. The Department of Technology shall use a process to adopt the Department of Technology Requirements that ensures that municipal excavators, utility excavators, and the general public have a meaningful opportunity to comment on the provisions to be contained therein before they are formally adopted by the Department of Technology.
(b) Purpose of Requirements. The Department of Technology Requirements shall specify the manner in which the Department of Technology will participate in excavation projects by installing City communications infrastructure that meets the City's needs at a reasonable cost.
(c) Minimum Requirements. At a minimum, the Department of Technology Requirements shall contain the following procedural and substantive requirements for the installation of City communications infrastructure in excavation projects:
(1) The process for the Department of Technology to review planned excavation projects in a timely manner to determine if City participation is feasible and to verify its participation by informing the applicant and the Department within 7 days of receiving notice;
(2) The criteria to be used by the Department of Technology to decide whether to decline to participate in excavation projects;
(3) The standard technical specifications for City communications infrastructure;
(4) The standard methodology for determining the incremental costs associated with installing City communications infrastructure in excavation projects;
(5) The requirements and process for excavators to seek exemptions from using the City's standard methodology for determining incremental costs when installing standard City communications infrastructure in excavation projects; and
(6) Alternative methodologies for determining the City's incremental costs when exemptions are granted.
Editor's Note:
This section's enacting ordinance provides that "The Department of Technology shall adopt the order required in Section 2.4.96 of the Public Works Code within 90 days of the effective date of this ordinance." See Section 7 of Ord. 220-14, Eff. 12/7/2014.
This section's enacting ordinance provides that "The Department of Technology shall adopt the order required in Section 2.4.96 of the Public Works Code within 90 days of the effective date of this ordinance." See Section 7 of Ord. 220-14, Eff. 12/7/2014.
The Department of Technology shall file quarterly reports with the Board of Supervisors and Mayor containing the following information: (a) the number of excavation permits issued by the Department for projects meeting the criteria for Department of Technology participation set forth in Section 2.4.14(b)(2); (b) the locations of the excavations identified in the excavation projects; (c) the identities of the applicants for the excavation permits; (d) whether the Department of Technology received any objections to its participation in the excavation projects from the municipal or utility excavators submitting the applications; (e) whether the Department of Technology opted to participate in the excavation projects by installing City communications infrastructure; (f) the City's costs to participate in the excavation projects by installing City communications infrastructure; and (g) the status of the installation of City communications infrastructure in the excavation projects.