A. Permit Required: Before placing a pipeline, telephone or utility company underground crossing facility on any city right of way, a permit must be obtained, using standard forms furnished by the city clerk.
B. Forms: The city clerk is authorized to promulgate such forms as deemed necessary to ensure compliance with this section.
C. Conditions, Requirements And Covenants: Any permit is subject to the following conditions, requirements and covenants:
1. Applications for road crossings must be submitted to the city clerk for approval by the city clerk, with a payment of one hundred dollars ($100.00) per crossing for an inspection fee made payable to the city. All telephone companies and public utility companies shall be exempt from the inspection fee. The applicant/contractor shall telephone the city clerk's office twenty four (24) hours prior to actual construction if required by the city clerk so an inspector can be at the site during construction. The applicant/contractor shall have the right to maintain its facilities upon reasonable notice to the city clerk or a designee.
2. Underground construction of pipelines, telephone company facilities or utility lines (hereinafter collectively referred to as "utility lines") that cross city highways or roads shall be bored, and no ditch or trench in the road shall be opened by the applicant/contractor unless otherwise agreed to in writing by the city.
3. When paralleling the roadway, utility lines shall be located within five feet (5') of the right of way line or the fence line, unless otherwise agreed to by the city.
4. All underground paralleling facilities shall be installed at a minimum of thirty inches (30") below the surface, except buried power lines which should be placed at a minimum depth of forty eight inches (48") below the surface, and except telephone company facilities, which shall be installed at a minimum of twenty four inches (24") below the surface. All overhead and parallel installations shall not cross any city road nor any point of access to the city road at a height of less than required by the corporation commission of the state of Oklahoma.
5. All underground crossings shall be installed at a minimum of three feet (3') below the elevation of the centerline of the road, or two feet (2') below the elevation of the minimum of four feet (4') below the elevation of the ditch. "High pressure pipelines" are defined as pipelines designed to operate at pressure in excess of one hundred twenty five (125) psig.
6. All section and quarter section corner markers shall be protected. No pipeline shall cross an intersection diagonally.
7. The applicant agrees to keep the road open to traffic unless otherwise agreed to or approved by the city. The applicant or contractor shall meet all applicable laws and regulations, including those in the manual on uniform traffic control devices appropriate for the construction project covered by this application.
8. The applicant will relocate said utility or pipeline, if and when it interferes with highway construction or maintenance, upon written notice from the city.
D. Design Methods: Applicant agrees to design pipeline road crossings using one of the following methods:
1. When encased, casing shall extend from right of way to right of way.
2. If noncased, and of steel, pipe within the right of way shall be superior to the pipe outside the right of way:
a. By being at least one grade better and of the same thickness; or
b. Being a minimum of one wall thickness greater and of the same alloy; or
c. In the case of unequal diameters, being proven superior by use of the pipe design formula as per 49 CFR part 192.105.
3. All plastic pipe shall be encased within the right of way.
4. When crossing a road, high pressure pipelines will be covered by a concrete slab.
E. Nonliability: Applicant agrees to hold free and harmless the city for any damage to person or property caused by its construction or maintenance of any poles, posts, stubs, pipes, valves, wires and other property placed on or under said roadways, pursuant to this application. Applicant further agrees to be responsible for repairing all damages to the roadway caused by applicant's construction. This responsibility includes, when and where appropriate, applicant causing to be placed on the roadway sufficient gravel and/or chat which will return the roadway where the cut or installation of facilities occurred to a level surface, designed such that, after compacting, no depressions in the roadway will result from applicant's installation.
F. Penalty: Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($200.00). Each day of violation shall constitute a separate offense. (Ord. 242, 6-11-2009)