(A) Authorization; required information. Persons doing work in the PROW and users of the PROW, including, but not limited to, users with a franchise or license with the city, shall obtain an authorization and all required permits and shall pay applicable application, review, permit and inspection fees and fund any required escrow deposits intended to enable the city to recoup any and all fully allocated costs associated with the application. The city shall not issue an authorization or permit(s) if the person or user owes money to the city for prior fees, restoration costs or other costs sustained by the city in connection with an application for authorization, work done or facilities in the PROW, and is more than 60 days in arrears.
(B) Information required. Applicants for authorization shall furnish accurate drawings, maps and any other relevant information that may be required by the Department for the particular type of work involved, in the form the Department requests and shall seek approval of construction and modification plans, if required.
(C) Compliance with requirements; revocation of authorizations. Persons and users shall comply with this chapter, with any additional standards adopted by the Department, and with the requirements of authorizations and permits granted pursuant to authorizations. As may be permitted by applicable state law, the Department may revoke an authorization for noncompliance with any term, condition or implemented standards and requirements, or when, after notice to the holder of the authorization, an activity continues to hamper or obstruct the use of the PROW or endangers the public health or safety.
(D) Bonds; performance guarantees. For any new pole or structure located in the PROW, a person or a user conducting activities subject to this chapter in the PROW may be required to provide a performance bond or other performance guarantee for the work. The amount, form and content of the guarantee shall be determined in the discretion of the city based on the facts and circumstances involved.
(1) Users with multiple facilities in the PROW shall be allowed to provide a single bond or performance guarantee that covers all of its facilities in the PROW in the city.
(2) The city may increase or decrease the amount of the bond or performance guarantee required.
(3) The city shall determine, in its discretion, the time period for which a performance guarantee shall be kept in force.
(4) The city may consider, among other things, the time period for a project and assessment of the performance of the project, the length of a license or franchise, and/or the projected time during which facilities will exist in the PROW.
(5) The performance guarantee shall, among other things, ensure compensation for:
(a) Damages resulting from the proposed work or a user’s maintenance of facilities in the PROW;
(b) Direct and indirect costs to the city of remedying damage to the PROW or facilities within the PROW;
(c) Direct and indirect costs to the city of remedying matters of noncompliance with city ordinances or authorizations; and
(d) Fines or penalties or fees owed to the city.
(6) The rights reserved to the city under a bond or performance guarantee do not limit the claims or rights the city may bring against a person, except where a bond or guarantee has fully satisfied a city claim.
(7) Every bond or performance guarantee shall require the surety to provide notice of cancellation or nonrenewal by registered or certified mail, which notice must be received by the Department at least 30 days prior to any cancellation or nonrenewal.
(E) Insurance.
(1) The city may require users and persons that do work in the PROW to provide insurance in an amount deemed adequate by the Department, the City Manager, the City Attorney and/or the City Risk Manager.
(2) The insurance shall be issued by a company authorized to do business in the state, including, but not limited to:
(a) Worker’s compensation coverage as required by state law;
(b) Employers’ liability insurance;
(c) Commercial general liability; and
(d) Business auto policy.
(3) The city’s officials, employees and consultants shall expressly be named as additional insureds on such insurance policies. The amount of insurance shall be as determined by the city, in part based on the scope of the work and the tenure or term of occupancy.
(F) No interference with city utilities. Persons doing work in the PROW shall not interfere with existing utilities, including such infrastructure as water, sewer, gas and electric, the natural and constructed storm water system, traffic signals and associated lines, or with the repair or replacement of such systems. Persons doing work in the PROW shall give the Department at least ten working days advance notice to locate and mark any existing city utility lines prior to initiating work. Damage to utilities or other infrastructure shall be paid for by the person or user contracting for the work that resulted in such damage.
(G) Compliance with regulations, safety standards, and applicable codes and standards. Compliance with all applicable federal, state and local regulations, and all applicable federal, state, local and industry codes and standards is required. These include, but are not limited to, compliance with the Occupational Safety and Health Act, being 29 USC 651 et seq. and applicable rules and regulations subsequently adopted, compliance with the latest versions of the National Electrical Code, National Electrical Safety Code, TIA-ANSI 222, compliance with fiber optic installation standards and telecommunication industry standards, compliance with plumbing and pipe installation codes and standards, and compliance with standards and codes for traffic safety and lane closures. Persons and users shall provide all equipment and personnel necessary to meet applicable regulations, codes and standards and shall furnish additional equipment or personnel if directed by the city. Information requested by the city regarding compliance with these standards shall be provided within the time frame requested by the city.
(H) Licensed professionals. Where required under state law, work in the PROW shall be performed and supervised only by qualified persons and licensed professionals as deemed appropriate by the Department.
(I) Notice of beginning and end of project. Persons doing work in the PROW shall promptly notify the Department upon beginning and ending the work authorized in a given application, and shall promptly request a final inspection of the work and the condition of the PROW at the location(s) where the work was performed. A copy of a passing final inspection report for the latest work performed at a given location(s) shall be required as part of any future application or authorization by that person for work at that location(s).
(J) Inspections; fees. The Department shall conduct, or have conducted, inspections of work performed in the PROW. Users and persons performing such work shall comply with all city directives to facilitate such inspections. The Department may charge fees as set by the City Council for such inspections, which may be varied to account for the nature and scope of the project, the number of inspections required, or other relevant factors. The Department may direct a person or user to do additional work if warranted by the result of an inspection and such person or user shall promptly comply with such directive.
(K) Removal for violation. Unless prohibited by state law, if facilities are installed in violation of this chapter, the city may require their removal, at the owner’s sole expense.
(L) Identification. All utility poles and any other support structure or ground-mounted equipment erected within the boundaries of any public highway, street or other right-of-way shall be lettered or stenciled in a permanent manner with the initials of the owners or with some other designation of ownership, together with a number for the same. A report or map showing the location and number of each pole shall be filed by the owner or owners of said poles with the city annually on or before July 1 of each year.
(M) Filing of application; issuance of permit. The filing of an application and the issuance of a permit for the erection of a utility or similar pole shall constitute an agreement on the part of the applicant that it will at any time thereafter, upon notice from the city, at its own expense, make such change in location, external support and restore the pole to plumb as may be required.
(Ord. 2017-O-55, passed 9-12-2017)