(a) Registration and right-of-way occupancy. Each person who occupies, uses or seeks to occupy or use the right-of-way for any facilities located in the right-of-way, or who has or seeks to have facilities located in any right-of-way shall register annually with the city. Any person that currently maintains facilities in the right-of-way on the effective date of this chapter shall register pursuant to division (d) below with the city within 90 days of the effective date of this chapter. Any person whose facilities use the right-of-way to connect two or more facilities which are not part of a continuous utility system shall register prior to installation of the facilities, but are not required to file an annual registration.
(b) No construction without registration. No person may construct, install, repair, remove, relocate or perform any other work on or use any facilities or any part thereof located in any right-of-way without being registered with the city. Planting and maintaining vegetation in the right-of-way is exempt from the requirements of this section.
(c) Grant of privilege.
(1) Any person required to register under division (b) above, that furnishes utility services or that occupies, uses or places its facilities in the right-of-way, is hereby granted a privilege to do so as long as it complies with all other requirements of law.
(2) This division (c) does not apply to established franchise holders.
(3) The granting of the privilege is expressly conditioned on, and is subject to, continuing compliance with all provisions of law.
(d) Registration information.
(1) The information provided to the city at the time of registration shall include, but not be limited to:
A. The registrant’s name, address, telephone, e-mail address and facsimile number;
B. The name, address, telephone, e-mail address and facsimile number of a local representative who shall be available at all reasonable times;
C. Proof that the registrant has secured the insurance specified below. All insurance secured by the registrant under the provisions of this section shall be issued by insurance companies acceptable to the city. The insurance specified in this section may be in a policy or policies of insurance, primary or excess. Certificates of all required insurance shall be provided to the city.
1. Workers’ compensation insurance with statutory limits of the workers’ compensation laws of the state and Coverage B–Employer’s Liability–covering operations of the registrant. This shall include “other states insurance” so as to include all states not named on the “declarations” page of the insurance policy, but excepting monopolistic state fund states. The available limits for Coverage B–Employer’s Liability–shall be not less than $1,000,000 each accident, $1,000,000 disease–policy limits;
2. Commercial general liability insurance providing coverage not less than that of the standard commercial general liability insurance policy (“occurrence form”) for operations of the registrant. If the “occurrence form” is not available, “claims made” coverage shall be maintained for three years after completion of this agreement. The policy shall include contractual, personal injury, bodily injury and property damage liability coverages with total available limits not less than $1,000,000 per occurrence, not less than $2,000,000 general aggregate and $2,000,000 aggregate products and completed operations. This commercial general liability insurance policy shall name the city and its duly authorized representatives as an additional insured. The city shall be provided with a copy of the certificate and the policy endorsement prior to or upon execution of this agreement;
3. Automobile liability insurance covering all owned, non-owned and hired automobiles, trucks and trailers. The insurance shall provide coverage at least as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence;
4. Registrant will provide the city with at least 30 days written notice of an insurer’s intent to cancel or not renew any of the insurance coverages. Registrant agrees to hold the city harmless from any liability, including additional premium due because of registrant’s failure to maintain the coverage limits required; and
5. The city’s approval or acceptance of certificates of insurance does not constitute city assumption of responsibility for the validity of any insurance policies nor does the city represent that the above coverages and limits are adequate to protect any individual/group/business, its consultants’ or subcontractors’ interests and assumes no liability therefore.
D. Proof that the person is a corporation, including written evidence that it is authorized to do business in the state, as recorded and certified to by the Secretary of State; and
E. Proof that the registrant has posted the bonds required by this code.
(2) The registrant shall keep all of the information listed above current at all times by providing to the city information of changes within ten days following the date on which the registrant has knowledge of any change.
(e) Reporting obligations.
(1) A. Each registrant shall, by April 1 of each year, file a construction and major maintenance plan with the city. The plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of right-of-way.
B. The plan shall include, but not be limited to, the following information:
1. The general locations and the estimated beginning and ending dates of all planned construction projects to be commenced during the next calendar year; and
2. The tentative locations for all construction projects contemplated for the five years starting with the next calendar year. This information is not a public record and shall be governed by SDCL 9-34-19.
(2) Each registrant shall maintain the records of the locations of its facilities in the right-of-way within the city, and any other records as the city may reasonably require. Upon a showing of cause and upon reasonable notice the city may require a registrant to perform a record audit at its sole expense.
(3) Each registrant shall submit a monthly list of the status of its active permits.
(f) Unregistered facilities.
(1) Any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance.
(2) The city may exercise any remedies or rights it has at law or in equity, including, but not limited to:
A. Abating the nuisance; or
B. Taking possession of the facilities, and/or restoring the right-of-way to a useable condition.
(g) Future uses. In permitting any facilities to be placed, in the right-of-way, the city is not liable for any damages caused thereby to any registrant’s facilities that are already in place.
(h) Abandoned and unused facilities. Any registrant who has abandoned facilities in any right-of-way that are interfering with construction or reconstruction projects shall remove them from that right-of-way when requested by the city.
(1992 Code, § 35.5-3) (Ord. 55-99, passed 5-17-1999)