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(A) A person is subject to reasonable police-power regulation of the city to manage its public rights-of-way in connection with the construction, expansion, reconstruction, maintenance or repair of facilities in the public rights-of-way, pursuant to the city’s rights as a custodian of public property, based upon the city’s historic rights under state and federal laws.
(B) Such regulations include, but are not limited to, the following.
(1) At the city’s request, a person shall furnish the city accurate and complete information relating to the construction, reconstruction, removal, maintenance, operation and repair of facilities performed by the person in the public rights-of-way.
(2) A person may be required to place certain facilities within the public rights-of-way underground according to applicable city requirements absent a compelling demonstration by the person that, in any specific instance, this requirement is not reasonable or feasible, nor is it equally applicable to other similar users of the public rights-of-way.
(3) A person shall perform operations, excavations and other construction in the public rights-of-way in accordance with all applicable city requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the public rights-of-way. The city shall waive the requirement of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the city by the person. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property. A person shall follow all reasonable construction directions given by the city in order to minimize any such interference.
(4) A person must obtain a permit, as reasonably required by applicable city codes, prior to any excavation, construction, installation, expansion, repair, removal, relocation or maintenance of the person’s facilities. Once a permit is issued, person shall give to the city a minimum of 48-hours’ notice, which could be at the time of the issuance of the permit, prior to undertaking any of the above-listed activities on its network in, on or under the public rights-of-way. The failure of the person to request and obtain a permit from the city prior to performing any of the above-listed activities in, on or over any public right-of-way, except in an emergency as provided for in division (B)(11) below, will subject the person to a stop-work order from the city and enforcement action pursuant to this subchapter. If the person fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.
(5) When a person completes construction, expansion, reconstruction, removal, excavation or other work, the person shall promptly restore the rights-of-way in accordance with applicable city requirements. A person shall replace and properly relay and repair the surface, base, irrigation system and landscape treatment of any public rights-of-way that may be excavated or damaged by reason of the erection, construction, maintenance or repair of the person’s facilities within 30 calendar days after completion of the work, in accordance with existing standards of the city in effect at the time of the work.
(6) Upon failure of a person to perform any such repair or replacement work, and five days after written notice has been given by the city to the person, the city may repair such portion of the public rights-of-way as may have been disturbed by the person, its contractors or agents. Upon receipt of an invoice from the city, the person will reimburse the city for the costs so incurred within 30 calendar days from the date of the city invoice.
(7) Should the city reasonably determine, within two years from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet existing standards of the city, a person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein.
(8) Notwithstanding the foregoing, if the city determines that the failure of a person to properly repair or restore the public rights-of-way constitutes a safety hazard to the public, the city may undertake emergency repairs and restoration efforts. A person shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city invoice.
(9) A person shall furnish the city with construction plans and maps showing the location and proposed routing of new construction or reconstruction at least 15 days before beginning construction or reconstruction that involves an alteration to the surface or subsurface of the public rights-of-way. A person may not begin construction until the location of new facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the city, which approval will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the facilities and routing.
(10) If the City Engineer declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of facilities, a person shall remove or abate the person’s facilities by the deadline provided in the City Engineer’s request. The person and the city shall cooperate, to the extent possible, to assure continuity of service. If the person, after notice, fails or refuses to act, the city may remove or abate the facilities, at the sole cost and expense of the person, without paying compensation to the person and without the city incurring liability for damages.
(11) Except in the case of customer service interruptions and imminent harm to property or person (“emergency conditions”), a person may not excavate the pavement of a street or public rights-of-way without first complying with city requirements. The City Engineer or designee shall be notified immediately regarding work performed under such emergency conditions, and the person shall comply with the requirements of city standards for the restoration of the public rights-of-way.
(12) Within 60 days of completion of each new permitted section of a person’s facilities, the person shall supply the city with a complete set of “as built” drawings for the segment in a format used in the ordinary course of the person’s business and as reasonably prescribed by the city and as allowed by law.
(13) The city may require reasonable bonding requirements of a person, as are required of other entities that place facilities in the public rights-of-way.
(1998 Code, § 106-176) (Ord. 99-51, passed 8-18-1999)