This division shall be known and may be cited as the right-of-way
construction by franchised utility companies ordinance of the city.
(Ordinance 61-16, sec. 1, adopted 3/28/61; 1957 Code, sec. 16-65)
Terms, phrases and words and their derivations used herein shall,
unless the context expressly states another meaning, in addition to
their common meanings, have the more specific meanings as follows.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words in the singular number include the
plural number. The word “shall” is always mandatory and
not merely directory.
The respective officers or departments of the city, and their
authorized representatives.
Any and all installation, removal, replacement of or repairs
to the facilities of a public utility which require excavation in
the public right-of-way.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any person, firm, partnership, association, corporation, company or organization which conducts in the city a business of distributing to the citizens electricity, gas, sewage disposal, or water or provides to the general public the service of telephone communication, except as a certificated telecommunications provider, and has the right to use and occupy the city streets, alleys and other public places in conducting such business by virtue of an existing franchise granted by the city or by the right under the city charter. Certificated telecommunications providers are regulated in division 5 of this article.
All public right-of-way of streets, alleys, and other public
property and property dedicated to public use, within the city.
Any street, highway, sidewalk, alley, avenue, recessed parking
area or other public right-of-way, including the entire right-of-way
and not merely the improved portion of the right-of-way.
(Ordinance 61-16, sec. 1, adopted 3/28/61; Ordinance 2005-32, sec. 2, adopted 11/8/05; 1957
Code, sec. 16-66)
Before any public utility shall make or cause to be made any construction involving underground improvements in public right-of-way, except as hereinafter provided in section 3-15-245 hereof, such utility shall give the city engineer notice in writing of such proposed construction. Such written notice shall be received by the city engineer or his designated representative no later than twenty-four (24) hours prior to the commencement of any such construction.
(Ordinance 61-16, sec. 1, adopted 3/28/61; 1957 Code, sec. 16-67)
There shall be attached to each notice of construction provided in section 3-15-243 herein a map, plat or drawing showing with reasonable accuracy the location and extent of any underground improvements involved in the proposed construction in such detail so as to enable the city engineer to locate such construction on the city’s right-of-way maps and to determine whether or not such proposed construction will conflict with other improvements located therein or with the city’s plan for future use of the right-of-way.
(Ordinance 61-16, sec. 1, adopted 3/28/61; 1957 Code, sec. 16-68)
(1)
Emergencies.
In the event any utility is faced with a situation which such utility deems an emergency and which requires immediate construction in the right-of-way, such construction shall be exempt; provided, however, that at the earliest possible opportunity a notice of the construction will forthwith be given to the city engineer with the attachment required in section 3-15-244 hereof.
(2)
Minor construction.
Poles, meters, service lines and
appurtenances thereto and other minor construction within an alley,
or on other right-of-way where the traveled portion of a street is
not involved.
(3)
Tests and surveys.
Tests and surveys conducted by a
utility which do not interfere with the use of the right-of-way by
the public.
(Ordinance 61-16, sec. 1, adopted 3/28/61; 1957 Code, sec. 16-69)
(a)
Interference with improvements.
The utility shall not
interfere with any existing improvements without the written consent
of the director of public works and the person owning the improvements.
(b)
Moving improvements.
No improvements owned by the city
shall be moved to accommodate the utility unless the cost of such
work be borne by the utility. The cost of moving privately owned improvements
shall be similarly borne by the utility unless it makes other arrangements
with the person owning the improvements.
(c)
Protection of improvements.
A utility shall protect
any improvements which may be in any way affected by its work, provided
that the utility has notice of the existence and approximate location
of such improvements. A utility will be deemed to have notice of the
existence and approximate location of improvements in the following
instances:
(1)
Where the improvements and location thereof are shown on any map,
plat or drawing on file with the city engineer;
(2)
Where an improvement is visible or if any portion of an improvement
located underground is connected to any related equipment or facility
which is located aboveground in the immediate vicinity; and
(3)
Where a building, structure or house is located on property abutting
a city right-of-way, a utility is deemed to have notice of the normal
location of any gas, water and sewer, electric or telephone facilities
serving such property.
(d)
Duty of owner of improvements.
If the utility has notice
of the approximate location of an improvement, other than improvements
owned by the city, but cannot readily determine the exact location
thereof, such utility shall request the owner of such improvements
to determine its location, and the owner shall thereupon be responsible
for determining and pointing out to such utility by appropriate means
the location of any such improvement.
(Ordinance 61-16, sec. 1, adopted 3/28/61; 1957 Code, sec. 16-70)
The utility shall prosecute with diligence and expedition all
excavation work in public rights-of-way and shall promptly complete
such work and restore the street to its original condition in accordance
with the specifications of the city engineer. Nothing herein shall
prevent the city from asserting a claim against the utility for incomplete
or defective work if discovered within six (6) months from the completion
of the work. The city engineer’s presence during the performance
of any work shall not relieve the utility of its responsibilities
hereunder.
(Ordinance 61-16, sec. 1, adopted 3/28/61; 1957 Code, sec. 16-71)
