In this section:
Applicant.
An owner or authorized agent of an owner, who submits an application for a permit under this division.
As-Built drawing.
A drawing or plan that shows the horizontal and vertical alignment, facility dimensions, type of encasement, and any other information determined by the director to help identify and protect the facility installed in the right-of-way.
City business day.
A day on which city offices conduct business.
Damages.
Actual damages, whether direct or indirect, to the surface or subsurface of the right-of-way or adjacent area.
Department.
The department designated by the city manager.
Director.
The department director designated by the city manager or Director’s designee.
Emergency operations.
Operations or repairs of facilities to prevent imminent harm to the health, safety, or welfare of persons or property.
Excavation.
An activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the right-of-way. Excavation does not include routine homeowner maintenance and landscaping activity immediately adjacent to the homeowner’s property line, unless the activity removes or disturbs the paved portion of the right-of-way.
Excavation sequence.
A document describing the order, estimated start and completion dates of all excavation projects approved during a six month period.
Facility.
Property or equipment permanently located in the right-of-way except equipment related to landscaping activity.
Installation.
The placement or construction of a facility on-site, whether the placement of construction is on, below, or above the surface of the right-of-way, for a term longer than 180 days, and includes replacement or modification of the facility.
New street.
The paved portion of the right-of-way that has been constructed or reconstructed:
(1) 
For at least 300 feet with a minimum of one and a half inches of asphaltic pavement overlay or from joint to joint for concrete pavement; and
(2) 
During the preceding seven years for a collector or arterial street; or
(3) 
During the preceding five years for a residential street or alley.
Owner.
A person or entity, other than the City, who owns or controls a facility in a right-of-way.
Permit.
A permit issued under this division to excavate or to install facilities in the right-of-way.
Permit holder.
A person who receives a permit under this division and that person’s agent.
Project description.
A document listing the proposed excavation route, the estimated length, width, and depth of the facilities installed along that route, and the projected date that the applicant will begin excavation on a project.
Right-of-way.
The total surface area, and the area above and below the surface, between property lines that is dedicated, deeded, reserved by plat or otherwise owned or controlled by the City or State as a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
Right-of-way assignment.
A specific portion of right-of-way designated by the director for the placement of a facility.
Routine work.
An excavation project of 300 linear feet or less.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
The director shall administer and enforce this division and may adopt rules to implement this division, including design standards and guidelines for right-of-way and owner facilities, and may without adopting or amending a rule, issue a statement of policy or procedure that clarifies or provides a non-substantive technical modification to a rule.
(b) 
The director shall manage the use of, and activities in, the right-of-way in compliance with this division.
(c) 
The director may require planning and coordination of excavation in the right-of-way.
(d) 
The director by rule may establish a planning and coordination process including information systems to track excavation in the right-of-way.
(e) 
The director shall assign locations for facilities in the right-of-way.
(f) 
The director may require relocation or adjustment of facilities in the right-of-way.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
An owner shall:
(1) 
Provide to the director information concerning facilities located in the right-of-way, including:
(A) 
As-built drawings of all facilities installed in the right-of-way by the owner no later than the 35th day after the activity described in the permit is complete, unless otherwise prescribed by the director; and
(B) 
The horizontal and vertical location of all facilities previously unrecorded in an owner’s drawings, plans or specifications that are discovered in the right-of-way five feet or less from the owner’s excavation or facility installation;
(2) 
Notify the director and other facility owners of proposed activities in the right-of-way; and
(3) 
Meet with the director and other facility owners to schedule adjustment or relocation of facilities.
(b) 
No later than the 14th day before the City begins excavating a City water, wastewater, stormwater, electric facility, and street project, an owner shall provide to the director:
(1) 
The horizontal and vertical location of the owner’s underground facilities in the right-of-way located five feet or less from the City’s right-of-way assignment; and
(2) 
A condition survey of the owner’s underground facilities.
(c) 
Information concerning facilities located in the right-of-way shall be in a format designated by the director.
(d) 
If an owner fails to provide information to the director on or before the 36th day following the director’s request, the director may obtain the information and charge the information collection fee prescribed by separate ordinance except as otherwise provided by law.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
All drawings, plans, and specifications, including change requests, amendments, additions, deletions, and as-built drawings submitted to the director that are submitted for the types of excavations or installations listed herein this section shall bear the seal of a professional engineer licensed to practice in the state.
(1) 
Non-standard traffic control plans for lane closures on City arterial and collector roadways;
(2) 
Collocation of network nodes; and
(3) 
Any other excavation or installation in the right-of-way that the director determines is necessary in the interest of the health, safety, and welfare of the public.
(Ordinance CO07-19-10-24-E7 adopted 10/24/19)
(a) 
At the director’s request, an owner shall coordinate excavation or facility installation plans with other excavation and installation and the department’s paving and utility program in the right-of-way.
(b) 
An owner shall follow facilities replacement schedules that avoid construction conflicts and prevent delays of proposed city utility and street projects.
(c) 
The owner of a permitted facility that is installed in a right-of-way shall identify the facility in a manner approved by the director.
(d) 
The director shall prescribe rules for the identification of facilities in the right-of-way.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
A permit is subject to amendment, suspension, or revocation by the director for a violation of federal, state, or local law or if the permit holder does not meet the requirements under this division.
(b) 
In addition to the grounds described in subsection (a) above, the director may also suspend or revoke a permit if:
(1) 
Owner or permit holder fails to maintain correct and current information with the director regarding the identity, authority, and contact information or the plans, specifications, and as-built drawings of facilities installed in the right-of-way;
(2) 
Owner or permit holder provides false or misleading information to the director or any officer, employee, or contractor of the City;
(3) 
Owner or permit holder files bankruptcy, is insolvent, or fails to meet financial obligations on a timely basis, or is unable to obtain or maintain the financial resources needed to properly maintain facilities or provide adequate service;
(4) 
Owner or permit holder fails to provide the director regular reports;
(5) 
Owner or permit holder engages in fraudulent, unfair, misleading, deceptive, or anti-competitive practices or unlawful discrimination;
(6) 
Owner or permit holder shows a pattern of not responding to inquiries by the director or customer complaints in a timely fashion;
(7) 
A federal, state, or local registration, certification, or license of owner or permit holder is suspended; or
(8) 
Owner or permit holder is convicted of a felony by the permit holder, a person controlling the permit holder, or principal employed by the permit holder, or any crime involving theft, fraud, or deceit related to the permit holder’s service.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
The City disclaims any warranty, title, or use for a particular purpose. This includes any warranty that the City’s title to public right-of-way is free and clear of any impairment or superior claim that may prohibit a permit holder from undertaking any activity for which a permit is issued. The City will not undertake an action to clear title on behalf of a permit holder necessary for the permit holder to undertake any permitted activity.
(b) 
If a permit or application for a permit is challenged by a person, other than the City, claiming a superior right to the public right-of-way or claiming the activity conflicts with that person’s property interests, the applicant or permit holder will be held entirely responsible, to the exclusion of any responsibility of the City and without contribution from the City, for defending against the claim until final resolution of the claim. If an applicant or permit holder receives notice of a claim, the applicant or permit holder shall cease all activity related to the permit and notify the City of the claim within 24 hours of receiving the claim. During the pendency of a claim and for as long as the claim remains unresolved, permitted activity or any activity for which a permit has been submitted but not granted is suspended.
(c) 
A permit holder or applicant for a permit may not assert or imply in any response to a claim described by subsection (b) above that:
(1) 
The City claims a superior right, title, or interest to that claimed by the person;
(2) 
A permit issued by the City is an easement or other possessory interest in real property; or
(3) 
A permit from the City entitles the permit holder to rights in the right-of-way that are superior to the rights claimed by the person.
(d) 
A permit granted under this division is terminable at the director’s sole discretion if the permit holder violates one or more of the conditions in subsection (c) above.
(e) 
The area on, above, or below a utility easement or waterway is not public right-of-way that may be used for facility installation, or for which a permit may be requested for such installation, unless the terms by which the utility easement or waterway was acquired by the City or granted, deeded, or dedicated to the City expressly state that the rights granted to the City include the right to use the waterway or utility easement for the purpose, in the manner, and to the extent of the proposed activity.
(f) 
A person claiming a right to use a public utility easement may not use that part of public right-of-way deeded, dedicated, reserved by plat, or restricted as a public utility easement unless the person is defined by state or federal law as a public utility and the person’s use of the public utility easement is exclusively for the provision of public utilities such as water, sewer, power, or gas. The director is not authorized to issue a permit or an exemption from permitting for an activity that uses or occupies a public utility easement unless the requested permit is for use by a public utility to provide public utility services.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
The owner of a facility placed in the right-of-way is responsible for maintaining the facility’s appearance. Upon notice by the director, the owner shall promptly and not later than 30 days following notice, remove graffiti from a facility.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)