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A. Each provider is responsible for ensuring that its facilities are installed, constructed and maintained in strict accordance with the City Code; that all required licenses, franchises and permits are applied for and obtained before any work commences; and that the terms and conditions thereof are strictly followed. Where a facility has more than one (1) provider, each provider is fully responsible for ensuring that all requirements are satisfied. Facilities shall be installed, constructed and maintained so that no additional costs are imposed upon the city, and so that the facility does not interfere with other uses or users of the public rights-of-way. Without limiting the requirement of any other provision of the City Code, or the provisions of any license, permit or franchise issued by the city, this shall require, at a minimum, compliance with the provisions of this chapter.
B. The facilities to be constructed, installed, operated, and maintained by the provider shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under, or through the rights-of-way. Those phases of construction relating to traffic control, backfilling, compaction, and paving, as well as the location or relocation of said facilities shall be subject to regulation by the city council of the city.
C. The provider shall keep accurate installation records of the location of all facilities in the rights-of-way and furnish them to the city upon request or at such periodic intervals as the city may require. Upon completion of new or relocation construction of underground facilities in the rights-of-way, the provider shall provide the city, if requested or as required, with installation records in a format compatible with the current city mapping format showing the location of the underground and above ground facilities.
D. Whenever the provider shall cause any opening or alteration whatever to be made for any purpose in any rights-of-way, the work shall be completed within a reasonable time, and the provider shall, without expense to the city and upon the completion of such work, restore the property disturbed in a manner consistent with the city's duly adopted standards, or as required by its permits, licenses, or franchises.
E. Subject to the further provisions of section 7D-3, the installation, use, and maintenance of the provider's facilities within the rights-of-way authorized herein shall be in such a manner as not to interfere with the city's placement, construction, use, and maintenance of its rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other city systems that have been, or may be, installed, maintained, used or authorized by the city. Upon the city's request, provider's facilities will be relocated at provider's expense (unless state law expressly requires otherwise). Upon the cites request, by a time specified by the city. If the provider fails to move its facilities, the city may do so and will bill the provider the costs therefore. Further, the provider shall reimburse the city any additional cost the city incurs due to the location or relocation of the provider's facilities, including all design and construction costs.
F. The provider shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another located within the rights-of-way of the city will relocate its facilities, if necessary, to accommodate another facility relocation.
G. All installation of facilities shall be installed per plans approved by the city. Provider may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the utility pole or conduit, and such permission is verified by the city except where those same poles are scheduled to be replaced with buried facilities. No new poles, or longer poles, will be permitted in the rights-of-way for any new facilities. If provider installs facilities on existing poles as provided herein, the provider shall bury its facilities if such poles are removed and not replaced in kind for any reason. If the provider makes use of existing conduit of another provider, the provider shall be subject to the provisions of this chapter in the use of such conduit in the rights-of-way.
H. Each provider must obtain and must prove that it has obtained such insurance, bonding, and security fund requirements as specified by the city, or if no specific requirements are specified, as are required by the city for similar facilities. No work shall commence unless these requirements have been satisfied, and the city may require the provider to remove or stop work on facilities or require a provider to cease using the facility, by where insurance, bonding and security fund requirements are not satisfied.
I. A permit shall be obtained prior to removing, abandoning, relocating, or reconstructing, if necessary, any portion of a provider's facilities. Notwithstanding the foregoing, the city understands and acknowledges there may be instances when a provider is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The provider will notify the city prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.
(Ord. No. 8997, § 2, 12-8-97)
A. If, during the design process for public improvements, the city discovers a potential conflict with proposed construction, the provider shall either:
(1) Locate and, if necessary, expose its facilities in conflict; or
(2) Use a location service under contract with the city to locate or expose its facilities. The provider shall reimburse the city for the cost resulting from the use of such location service. The city shall make reasonable efforts to design and construct projects pursuant to this section so as to avoid relocation expense to the provider. Provider shall furnish the location information in a timely manner, but in no case longer than forty-five (45) days.
B. The city reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any right-of-way, aerial, surface, or subsurface improvements, including, but not limited to, water mains, traffic control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the rights-of-way of the city.
C. When the city invokes its prior superior right to the rights-of-way, the provider shall move its facilities located in the rights-of-way, at its own cost, to such a location as the city directs.
D. If, during the course of a project, the city determines provider's facilities are in conflict, the following shall apply:
(1) Prior to city notice to proceed to contractor: The provider shall, within a reasonable time, but in no event exceeding six (6) months, remove or relocate the conflicting facility. This time period shall begin running upon receipt by the provider of written notice from the city. However, if both the city and the provider agree, the time frame may be extended based on the requirements of the project.
(2) Subsequent to city notice to proceed to contractor: The city and the provider will immediately begin the coordination necessary to remove or relocate the facility. Actual construction of such removal or relocation is to begin no later than seventy-two (72) hours, if practicable, after written notification from the city of the conflict.
(Ord. No. 8997, § 2, 12-8-97)
A. If, in the installation, use, or maintenance of its facilities, the provider damages or disturbs the surface or subsurface of any rights-of-way or adjoining public property, or the public improvement located thereon, therein, or thereunder, the provider shall promptly, at its own expense, and in a manner acceptable to the city, restore the surface or subsurface of the rights-of- way or public property, or repair or replace the public improvement thereon, therein, or thereunder, in as good a condition as before such damage or disturbance. If such restoration, repair, or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or replacement does not meet duly adopted standards, the city shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a hired contractor, and the provider shall pay the city for its expenses in so doing within thirty (30) days after its receipt of the invoice therefor.
B. The provider shall reimburse the city for all costs arising from the reduction in the service life of any public road or pavement damage, to the extent required by any other city ordinances, resulting from pavement cuts of the provider. The provider shall pay such costs within thirty (30) days from the date of issuance of an invoice from the city.
(Ord. No. 8997, § 2, 12-8-97)
A. The city shall not bear any cost of relocation of existing facilities, irrespective of the function served, where the city facilities or other facilities occupying the rights-of-way under authority of a city permit, license, or franchise which must be relocated, are already located in the rights-of-way and the conflict between the provider's potential facilities and existing facilities can only be resolved expeditiously as determined by the city by the movement of the existing city or other approved facilities.
B. If provider's relocation effort so delays construction of a public project causing the city to be liable for delay damages, the provider shall reimburse the city for those damages attributable to the delay created by the provider. If the event the provider should dispute the amount of damages attributable to the provider, the matter shall be referred to the dispute resolution board. The dispute resolution board shall consist of one (1) member selected by the city, one (1) member selected by the provider, and a third person agreed upon by both parties. The person agreed upon by both parties shall be chairperson of the dispute resolution board. Expenses for the dispute resolution board shall be shared equally by the city and the provider. The board will hear the dispute promptly, and render an opinion as soon as possible, but in no case later than sixty (60) days after notification by the city of provider's allocated share of damages suffered by the city. All decisions of the dispute resolution board are non-binding on either the city or the provider, however, the findings of the dispute resolution board shall be admissible in any legal action.
The city and the provider shall accept or reject findings of the dispute resolution board within thirty (30) days after receipt of the findings. If damages are assessed by the dispute resolution board, the provider shall pay the city within thirty (30) days. Late charges of five (5) percent and interest charges of one and one-half percent per month shall be added for late payment.
C. Except as otherwise provided in a license, franchise or permit or by other provision of law, the entire cost of relocation shall be borne by the city if the provider is required by the city to relocate facilities which are located in private basements obtained by the provider prior to the dedication of the public street or easement from which the facilities must be relocated. These prior rights of the provider would also be unaffected by any subsequent relocation. A prior rights as used in this subsection, means private easement rights obtained by the provider prior to the dedication of the streets or public ways from which the facilities are requested by the city to be relocated. In the case of a facility that serves multiple purposes, the prior rights must extend to all uses for this exception to apply.
(Ord. No. 8997, § 2, 12-8-97)
A. The provider shall at all times be subject to all lawful exercise of the police power by the city, including any and all ordinances, rules, or regulations which the city has adopted or may adopt, and all laws, rules, regulations, orders, and policies of the state and the United States government. In the event of a conflict between this ordinance and other provisions of the Tucson Code, the stricter requirement shall apply.
B. Continuing jurisdiction. The city shall have continuing jurisdiction and supervision over any facilities located within or on city rights-of-way. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this article and the permit shall be delegated and entrusted to the city manager or the manager's designee to interpret, administer, and enforce the provisions of this chapter, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of the facilities within the city rights-of-way.
(Ord. No. 8997, § 2, 12-8-97)
From and after the effective date of this chapter, it shall be unlawful for any provider to occupy the streets and public ways unless the provider is in compliance with the provisions of this chapter.
This chapter manages and regulates the use of facilities in the public streets and ways by providers, it does not grant the right to occupy the streets and public ways, which authority must be obtained by separate permit, license, or franchise or other legal authority.
(Ord. No. 8997, § 2, 12-8-97)