City of Hutto, TX Right-of-Way Management

Registration.

In order to protect the public health, safety and welfare, all users of the right-of-way will register with the city.

Registration and permits will be issued in the name of the person who will own the facilities.

Registration and permits are not authorizations to install facilities in the rights-of-way, such authorization must be through municipal franchise or license or municipal agreement, except when otherwise required by state law.

When any information provided for the registration changes, the user will inform the city of the change no more than thirty (30) days after the date the change is made.

Registration shall include:

(A)

The name of the user of the right-of-way;

(B)

The name, address and telephone number of people who will be contact person(s) for the user;

(C)

The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the user;

(D)

The name(s) and telephone number of an emergency contact who shall be available twenty-four (24) hours a day and said emergency contact shall be employed by and have binding and decision-making authority for the owner of the facilities;

(E)

Insurance.

Prior to construction in the right-of-way, an applicant must provide, and users must maintain, acceptable proof of liability insurance in the total amount of six million dollars ($6,000,000.00); one million dollars ($1,000,000.00) primary plus five million dollars ($5,000,000.00) umbrella if requested by the owner of the facilities, or other provisions as acceptable to the director of financial services or designee. The city reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the city manager determines that changes in statutory law, court decisions, or the claims history of the industry or the applicant or user require adjustment of the coverage.

(ii)

The coverage must be on an “occurrence” basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards.

(iii)

Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits.

(iv)

The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts. The city may accept a certificate of insurance or the city may require another form of legally binding proof of insurance.

(v)

An insurer has no right of recovery against the city. The required insurance policies shall protect the person and the city. The insurance shall be primary coverage for losses covered by the policies.

(vi)

The policy clause “other insurance” shall not apply to the city if the city is an insured under the policy.

(F)

Bonds.

Applicant or applicant’s contractor, at city’s option, shall file an annual surety bond which will be valid each year construction will occur through one (1) full year after the completion of the construction from a surety company authorized to do business in the state in the amount of the estimated amount of the cost to restore the right-of-way for the work anticipated to be done in that year, in the event the applicant leaves a jobsite in the right-of-way unfinished, incomplete or unsafe or other provisions as acceptable to the director of financial services or designee.

(ii)

The above requirements may be met by utilities with a current franchise or license if their current franchise or license adequately provides for insurance or bonds or provides an indemnity in favor of the city.

(G)

Indemnity.

to the extent allowed by state law, each person placing facilities in the public rights-of-way shall agree to promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses (a) for the repair, replacement, or restoration of city’s property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of the person’s acts or omissions, (b) from and against any and all claims, demands, suits, causes of action, and judgments for (1) damage to or loss of the property of any person (including, but not limited to the person, its agents, officers, employees and subcontractors, city’s agents, officers and employees, and third parties); and/or (2) death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to the agents, officers and employees of the person, person’s subcontractors and city, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the person, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article.

(ii)

This indemnity provision shall not apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors, or subcontractors.

(iii)

The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

(7)

Failure to maintain registration requirements. In addition to all other legal penalties, including criminal penalties; failure to register may result in denial of a permit application or removal of facilities.

Authorization.

Municipal authorization or agreement shall be required, except when clearly preempted by state law. Nothing in this ordinance shall be considered to grant authorization to any user. When any state law authorizing right-of-way use is struck down, pre-empted, declared to be invalid or void, in whole or in part, the user relying upon said law for authorization shall seek separate authorization or shall cease using the right-of-way.

When municipal authorization or agreement is required, permit for construction work may not be submitted until said authorization or agreement is obtained.

Municipal authorization does not extend to the use of any property or facilities other than the right-of-way.

Municipal authorization does not address or allow the use of third party facilities in the right-of-way.

This article does not constitute or create authority to place, reconstruct, or alter facilities in, on, or over the public rights-of-way, and said authority must be obtained by separate instrument in accordance with this section or by operation of other laws.

Compensation and fees.

Municipal right-of-way use shall be compensated as required by the state constitution, state law, franchise, license or other agreement.

The city may structure due dates on payments in such a manner so as to be administratively efficient.

Application fees, as allowed by state law, for work or installations in the right-of-way shall be the fees set by the city council. Such fees may be set by ordinance, resolution, in the budget or by any other lawful means.

Failure to pay application fees, or failure of any payment to properly process shall result in the denial or withdraw of a permit.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.009 Construction in the right-of-way.

No person shall perform any construction or installation of facilities in the right-of-way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the facilities to be constructed. The permit must be completed and signed by a representative of the owner of the facilities to be constructed.

Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the city should be notified in writing within two (2) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable.

The phrase “construction or installation of facilities” does not include the installation of facilities necessary to initiate service to a customer’s property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement; the closure of a nonresidential traffic lane; excavation or boring.

The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the city manager or designee.

The person requesting a permit will provide the city manager or designee with documentation in the format specified by the city manager describing:

The proposed, approximate location and route of all facilities to be constructed or installed and the applicant’s plan for right-of-way construction should be shown on a set of scaled dimensioned construction plans, plan/profile sheet, a street view and an aerial map. Said plans should indicate the current right-of-way lines and any existing city facilities. Said plans shall show any proposed underground conduit, type of casing pipe required, if applicable, overhead lines, network nodes, ancillary equipment, or any other facilities to be installed. The drawings shall show a cross sectional profile, identify all existing utilities and any existing or potential utility conflicts.

For installation of any proposed pole applicant shall provide sectional detail showing depth of anchor, scaled dimensional drawings of the proposed pole, as well as any other proposed equipment associated with the proposed installation, and shall indicate spacing from existing curb, driveways, sidewalk, light poles, and any other poles or appurtenances.

All applications shall include a before and after street view image. The after-image needs to include any proposed poles and all proposed attachments, and any associated or ancillary equipment, whether attached or standalone.

If the project is within the state right-of-way, the applicant must provide evidence of a permit or permission from the state.

If a city pole or poles or light structure or structures will be used or will be in the area of the proposed construction, the pole or poles or light structure or structures will be identified. No electric meter shall be mounted on a city pole or light structure.

Provider / applicant shall use two hundred and forty (240) voltage when connecting to any city infrastructure and provide key to meter upon installation.

(7)

All plans shall reflect that no facilities to be installed will obstruct an existing or planned sidewalk, walkway, bicycle lane or lane of vehicular traffic.

(8)

Engineering plans which will be on a scale of one (1) inch equals fifty (50) feet unless otherwise approved by city manager.

(9)

Detail of the location of all right-of-way and utility easements which applicant plans to use.

(10)

Detail of all existing city utilities in relationship to applicant’s proposed route.

(11)

Detail of what applicant proposes to install, such as network nodes, poles, pipes, size, number of innerducts, valves, or other facilities.

(12)

Detail of plans to remove and replace asphalt or concrete in streets.

(13)

Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, network nodes, micro-network nodes, or other facilities, including depth located in public right-of-way.

(14)

Handhole and/or manhole typicals of type of manholes and/or handholes applicant plans to use or access.

(15)

Complete legend of drawings submitted by applicant.

(16)

Five (5) sets of engineering plans must be submitted with permit application.

(17)

The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work.

(18)

The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, and other applicable information) are subject to approval of the city manager or designee.

(19)

A statement that the requirements of section 18.03.008 “registration” are or can be met. Although it is not required to complete the registration if a permit application has already been submitted, it is encouraged.

(20)

A traffic-control plan approved by the city manager, which shall specify the traffic-control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic-control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.

(21)

No projecting attachments shall be less than eight (8) feet above the ground, if not projecting toward the street. If an attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground.

(22)

Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause any interference with city public safety radio system, traffic signal light system or other city communications systems or components, regardless of whether or not a permit is required. The right-of-way user shall provide evidence in a form acceptable to the city that the proposed installation will be compatible with said city systems and will not cause any interference with the city public safety radio system, traffic signal light system or other city communications systems or components. No installation shall be allowed to be installed or to remain in the right-of-way that causes any such interference.

(23)

The plans shall demonstrate that all federal and state laws and city ordinances will be obeyed, and that all sections of this article, including division 3 “design manual” will be complied with as applicable. Construction in right-of-way adjacent to a school shall be required to follow all state law requirements, including the requirements in the Texas Education Code regarding work on school grounds, as applicable.

All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The city manager or designee shall be provided access to the work and to such further information as he or she may reasonable require to ensure compliance with the permit.

(e)

A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city manager or designee at all times when construction or installation work is occurring.

(f)

All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the city manager or designee. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.

(g)

A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the city, if requested by the city manager and a copy of written permission for work in railroad right-of-way from the applicable railroad if requested by the city manager;

(h)

A request for a permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the city manager or designee.

Requests for permits will be approved or disapproved by the city manager or designee within a reasonable time or receiving all the necessary information. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.

(j)

The city manager or the applicant can request a pre-construction meeting with the permittee and their construction contractor.

(k)

Permit applications are required for construction on new, replacement or upgrading of the company’s facilities in the right-of-way either aerial or underground.

(l)

The failure of a person to request and obtain a permit from the city prior to performing any of the above listed activities in, or over any right-of-way, except in an emergency, will subject the person to a stop-work order from the city and enforcement action pursuant to the City’s Code of Ordinances.

(m)

If the person receiving the permit fails to act upon the permit within one hundred eighty (180) calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.

(n)

If state or federal law provides that a permit is not required for certain work to be done, then a person proposing to do such work shall be required to provide notice two (2) working days prior to performing such work. This requirement must be met, even if no permit is required pursuant to state or federal law.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.010 Construction and maintenance standards.

The following shall be required when facilities are constructed in the right-of-way, regardless of whether a permit is required, and, to the extent applicable, for as long as the facilities remain in the right-of-way.

The city must be notified twenty-four (24) hours in advance that construction is ready to proceed by the right-of-way user, their contractor or representative. The right-of-way user or contractor must previously called for any needed locations for right-of-way facilities. At the time of notification, the right-of-way user will inform the city manager of the number (or other information) assigned from the one-call system. The provider must have previously contracted the city and obtained all needed locational information for city utilities.

All construction shall be in conformance with all city codes and applicable local, state and federal laws and must be done in a good and workmanlike manner and in accordance with all applicable sections of this article.

Three by three (3 × 3) feet information signs stating the identity of the person doing the work, telephone number and permittee’s identity and telephone number shall be placed at the location where construction is to occur forty-eight (48) hours prior to the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. An informational sign will be posted on public right-of-way one hundred (100) feet before the construction location commences and each one hundred (100) feet thereafter, unless other posting arrangements are approved or required by the city manager.

Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins.

Lane closures on major thoroughfares will be limited after 8:30 a.m. and before 4:00 p.m. unless the city manager grants prior approval. Arrow boards will be required on lane closures, with all barricades, advanced warning signs and thirty-six (36) inch reflector cones placed according to the specifications of the city manager and must be in accordance with the filed lane closure plan approved by the city manager.

Permittees are responsible for the workmanship and any damages by a contractors or subcontractors. A responsible representative of the permittee will be available to city staff at all times during construction.

(7)

Permittee shall be responsible for stormwater management erosion control that complies with city, state and federal guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. Upon request permittee may be required to furnish documentation submitted or received from federal or state government.

(8)

Permittee or contractor or subcontractor will notify the city manager immediately of any damage to other utilities, either city or privately owned.

(9)

It is the city’s policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior approval must be obtained by the city manager and all requirements of the city manager shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic.

(10)

Installation of facilities must not interfere with city utilities, in particular gravity dependent facilities.

(11)

New facilities must be installed to a depth approved by the city manager.

(12)

All directional boring shall have locator place bore marks and depths while bore is in progress. The boring method and bore pit locations shall be identified. Locator shall place mark at each stem with paint dot and depth at least every other stem.

(13)

The working hours in the rights-of-way are 9:00 a.m. to 4:00 p.m., Monday through Friday. Work that needs to be performed after 4:00 p.m. Monday through Friday must be approved in advance. Any work performed on Saturday must be approved twenty-four (24) hours in advance by the city manager. Directional boring is permitted only Monday through Friday 9:00 a.m. to 4:00 p.m., unless other hours are approved in advance. No work will be done on Sundays or city holidays, except for emergencies.

(14)

People working in the right-of-way are responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the Geographic Information System or the plans of records does not satisfy this requirement.

(15)

Permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the city manager, permittee shall verify locations by pot holing, hand digging or other method approved by the city manager prior to any excavation or boring with the exception of work involving lane closures, as discussed above.

(16)

Placement of all manholes and/or hand holes must be approved in advance by city manager. Handholes or manholes will not be located in sidewalks, unless approved by the city manager.

(17)

Locate flags shall not be removed from a location while facilities are being constructed.

(18)

Construction which requires pumping of water or mud shall be contained in accordance with city ordinances and federal and state law and the directives of the city manager.

(19)

All facilities installed in the right-of-way shall be in earth tone colors or in colors that blend with the surroundings, or if on a service pole or municipally owned pole shall match the color and finish of the pole, or must be approved by the city.

(20)

All facilities installed in the right-of-way shall be capable of being identified through a GIS shape file or other means as acceptable to the city manager or designee. Said identification shall be provided at the time of application and shall be visible on the facilities when installed.

(21)

Above ground wires shall be located on only one (1) side of the right-of-way.

(22)

The right-of-way user or contractor must obtain any needed permits for electrical work and provide sealed engineered drawings for conduit size, circuit size, calculations for amperage, or any other required information. Provider shall be responsible for obtaining any required electrical power service to any installation. Any such electrical supply must be separately metered and must match city infrastructure voltage.

(23)

Right-of-way users shall complete construction as expeditiously as possible and lane closures or work that inconveniences the traveling public shall be minimized. Lane closures shall not last longer than four (4) hours, unless a different period of time is shown on the permit.

(24)

Right-of-way work shall be completed in the amount of time shown on the permit; but if no completion time is shown on the permit the work shall be complete in not more than one (1) year.

(25)

All right-of-way work and facilities installed shall be done in a good workmanlike manner; shall meet all applicable codes; shall be maintained and kept in good repair and shall be aesthetically pleasing.

(26)

All efforts shall be made to avoid or minimize negative visual impact to the surrounding area and to enhance the safety requirement for vehicles and pedestrians, particularly in areas where small children or other vulnerable members of the population may be located.

(27)

Installations which require ancillary ground equipment with a footprint of twenty-five (25) square feet or more shall be spaced at least three hundred (300) feet apart.

(28)

(29)

A statement that the requirements of section 18.03.008 “registration” are or can be met.

(30)

A traffic-control plan, which shall specify the traffic-control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic-control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.

(31)

(32)

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.011 Plans of record.

Right-of-way users will provide the city manager or designee with plans of record within ninety (90) days of completion of facilities in the right-of-way. Users which have facilities in the right-of-way existing as of the date of this ordinance who have not provided plans of record shall provide one (1) quarter of the information concerning facilities in city right-of-way within one (1) year after the passage of the ordinance and one (1) quarter each six (6) months thereafter. The plans shall be provided to the city with as much detail and accuracy as required by the city manager. All the requirements specified for the plans submitted for the initial permit, as set forth in section 18.03.009, shall be submitted and updated in the plans of record. The detail and accuracy will concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. The detail will not include matters such as capacity of lines, customers, or competitively sensitive details. Submittal of “plans of record” shall be in digital format.

This requirement, or portions of this requirement, may be waived by the director of development services and the city manager for good cause.

If the release of the location of any utilities, including water and sewer, or of plans of record submitted under this section would jeopardize public safety, the information shall be considered confidential. In addition, if plans of record submitted under this section include information expressly designated by the right-of-way user as a trade secret or other confidential information protected from disclosure by state law, the director may not disclose that information to the public without the consent of the right-of-way user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a right-of-way user to designate all matters in its plans of record as confidential or as trade secrets.

Network provider shall maintain accurate maps and other appropriate records of its network node facilities, node support poles and related ground equipment as they are actually constructed in the rights-of-way, including, upon request, the use of Auto CAD/GIS digital format. Network provider will provide additional maps to the city upon request.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.012 Conformance with public improvements.

Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other public works or city projects, (e.g. install or improve storm drains, water lines, sewer lines, or any other public works or city project) it shall be deemed necessary by the governing body of the city to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user to another part of the right-of-way, such alterations shall be made by the owner of the facilities at their expense (unless provided otherwise by state law or a franchise in effect on August 26, 1999, until that franchise expires or is otherwise terminated or is amended or the tariff is changed) within the time limits set by the city manager working in conjunction with the owner of the facilities, or if no time frame can be agreed upon, within ninety (90) days from the day the notice was sent to make the alterations, unless a different schedule has been approved by the city manager or designee. Facilities not moved after ninety (90) days or the time set forth in the notice shall be deemed abandoned and may be removed in accordance with section 18.03.018 “abandoned facilities.”

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.013 Improperly installed facilities.

Any person doing work in the city right-of-way shall properly install, repair, upgrade and maintain facilities.

Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if:

The installation, repairs, upgrade or maintenance endangers people;

The facilities do not meet the applicable city codes;

The facilities are not capable of being located using standard practices;

Underground facilities that are installed less than twenty-four (24) inches in depth;

Facilities or construction in regard to placement of said facilities that remains incomplete or hazardous after construction work is finished or time for completion has passed, including but not limited to holes in paved areas or ground, handholes or manholes that are improperly sealed, and broken equipment or any other incomplete or hazardous condition;

The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the city manager.

Facilities will be considered improperly installed if said facilities cause any interference with city public safety radio system, traffic signal light system, city traffic observation video cameras or other communications

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.014 Restoration of property.

Users of the right-of-way shall restore property affected by construction of facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved by the city manager.

Restoration must be to the reasonable satisfaction of the city manager and the property owner. The restoration shall include, but not be limited to:

Replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by the city manager;

Installation of all manholes and handholes, as required;

Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, unless other safety requirements are approved by the city manager;

Leveling of all trenches and backhoe lines;

Restoration of excavation site to city specifications; and

Restoration of all landscaping, ground cover, and sprinkler systems.

All locate flags shall be removed during the clean-up progress by the permittee or contractor at the completion of the work.

Restoration must be made in a timely manner as specified by approved city schedules and to the satisfaction of city manager or designee. If restoration is not satisfactory and performed in a timely manner all work in progress, except that related to the problem, including all work previously permitted but not complete may be halted and a hold may be placed on any permits not approved until all restoration is complete.

(e)

If a person fails to restore property as set out in this section, the city shall give five (5) days written notice to the person at the address shown on the permit. If the person does not initiate repairs during the five (5) day period, or fails to complete the repairs within thirty (30) days thereafter the city may elect to repair such portion of the right-of-way as may have been disturbed by the person, its contractors, or agents at the cost of the person performing the right-of-way work. These time periods may be shorten or waived in cases of a threat to public health, safety or welfare. Upon receipt of an invoice from the city, the person will reimburse the city for the costs so incurred no later than thirty (30) calendar days from the date of the city invoice.

(f)

Should the city reasonably determine, within two (2) years from the date of the completion of the repair work, that any of the said restoration work failed to meet the existing standards of the city, the person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies.

(g)

Notwithstanding any of the above sections, if the city determines that the failure of the person to properly repair or restore the right-of-way constitutes a threat to the public health, safety or welfare, the city may undertake emergency repairs and restoration efforts. The city may attempt to provide emergency notice to the person responsible but is not obligated to do so. The right-of-way user shall promptly reimburse the city for all costs incurred by the city within thirty (30) calendar days from the date of the city invoice.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.015 Revocation or denial of permit.

If any of the provisions of this article are not followed, a permit may be revoked by the city manager or designee. If a person has not followed the terms and conditions of this article in work done pursuant to a prior permit, new permits may be denied or additional terms required.

If a permit is denied upon initial submission for incompleteness or for an issue which is capable of correction, the applicant may complete or correct the application and resubmit the application. Applications not resubmitted within thirty-one (31) calendar days shall be considered withdrawn.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.016 Appeal from denial or revocation of permit.

An applicant may appeal from denial or revocation of permit to the city manager. Appeal shall be filed with the city secretary within five (5) calendar days from the date of the decision being appealed.

A denial or revocation will be upheld unless a person can show that there is an error and that the person was following all of the requirements of this article and all right-of-way engineering requirements.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.017 Inspections.

The city may perform inspections of any right-of-way work, including installations, maintenance, modifications or any other right-of-way work, whether such work is subject to permit requirements or allowed to be done without a permit. The city may perform visual inspections of any right-of-way work located in the right-of-way as the city deems appropriate without notice. If the inspection requires physical contact with right-of-way work, the city may provide the right-of-way user with notice prior to said inspection. Right-of-way user may have a representative present during such inspection. In the event of an emergency situation, the city may, but is not required to, notify the right-of-way user prior to the inspection. The city may take any needed action to remediate an emergency. The city shall notify the right-of-way user as soon as practical after said remediation.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.018 Abandoned facilities.

Duty to remove.

A person that has placed facilities in the right-of-way shall remove said facilities and related equipment when such facilities are abandoned regardless of whether or not it receives notice from the city. If in the judgment of the city, removal of underground facilities would cause damage, this requirement may be waived.

Time for removal.

The city may notify the person that said facilities must be removed immediately when necessary to ensure public health, safety, and welfare.

If immediate removal is not required, the removal must be completed within the time set forth in the written notice to remove from the city and if no time is set out, then within ninety (90) days for the facilities and related equipment being abandoned.

If the facilities are not removed after the ninety (90) day notice to remove, the city may remove the facilities thirty (30) days after notice of a final finding of abandonment.

When a person removes, or abandons permanent structures in the right-of-way, the person shall notify the city manager in writing of such removal or abandonment and shall file with the city manager the location and description of each facility and ground equipment removed or abandoned.

The city manager may require the person to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.

Deemed abandoned.

Facilities may be deemed abandoned as set out in this article. Additionally, facilities may be deemed abandoned if:

A person does not relocate facilities as set out in section 18.03.012 “conformance with public improvements.”

A person does not correct or abate improperly installed facilities as set out in section 18.03.013 “improperly installed facilities.”

A person utilizing the right-of-way cannot be found or contacted.

A person utilizing the right-of-way fails to pay the required compensation.

A person utilizing the right-of-way fails to comply with the requirements of this article after being given due notice of any deficiencies. The notice requirement shall only apply to persons who have maintained the required registration as set out in section 18.03.008 “registration” and are capable of being contacted.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.019 Underground installation preferred.

The underground placement of facilities is encouraged.

Facilities shall be installed underground where existing utilities are already underground.

Underground conduits and ducts shall be installed in the public rights-of-way between the adjacent property line and curb line unless otherwise directed by the city.

Conduits and ducts shall be installed parallel with the curb line and cross the public rights-of-way perpendicular to the public rights-of-way centerline unless otherwise directed by the city.

(e)

Ducts and conduits shall be installed by trenchless excavation or directional boring whenever commercially economical and practical. Trenchless excavation shall be used to place facilities under paved public rights-of-way centerline unless otherwise directed by the city.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.020 As built maps and records.

User shall maintain accurate maps and other appropriate records of its facilities and equipment as they are actually constructed in the rights-of-way, including, upon request, the use of Auto CAD/GIS digital format. User will provide additional maps to the city upon request.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.021 Courtesy and proper performance.

User shall make citizen satisfaction a priority in using the right-of-way. User shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its facilities and related ground equipment in the right-of-way. User’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the city manager or designee, user is not interacting in a positive and polite manner with citizens, the city manager may request User to take all remedial steps to conform to these standards.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.022 Drug policy.

It is the policy of the city to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by user’s employees, contractors, subcontractors, sub-network provider’s, or vendors while on city premises is prohibited.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.023 Tree maintenance.

User, its contractors, and agents shall provide written notice to the city manager before trimming trees hanging in the right-of-way. The city shall not be liable for any damages, injuries, or claims arising from network provider’s actions under this section.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.024 Signage.

User shall post and maintain legible identification showing its name, location identifying information, and emergency telephone number in an area on a cabinet of a facility that is visible to the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification signs) or the city manager.

Except as required by laws or by the utility pole owner, user shall not post any other signage or advertising on the facilities or equipment.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.025 Graffiti abatement.

As soon as practical, but not later than fourteen (14) calendar days from the date user receives notice thereof, user shall remove all graffiti on any of its facilities and related ground equipment located in the right-of-way. The foregoing shall not relieve the user from complying with any city graffiti or visual blight ordinance or regulation.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.026 Alternate means or method; waiver.

A person may file a request with the city manager to use alternate means or methods in right-of-way construction or maintenance. In determining whether any requirement under this section may be waived or if an alternate method or means may be used, the city manager may consider all reasonable factors, including but not limited to:

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in risk;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase of service interruption;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in potential for liability for accidents;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in construction;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in availability of services; or

To any other unreasonable technical or economic burden.

There shall be no right to receive permission to use an alternative means or method and denial by the city manager shall be final.

(Ordinance O-2021-034 adopted 6/3/21)

§ 18.03.027 Orderly use of the right-of-way by multiple users.

In the exercise of governmental functions, the city has first priority over all other uses of the rights-of-way. Traffic uses shall be considered as the primary use and the city reserves the right to lay sewer, water, gas and other pipe lines or cables and or cables and conduits, and to do underground and overhead work, including attachments, restructuring or changes in aerial or underground facilities in, across, along, over, or under a public street, alley or right-of-way and to change the curb, sidewalks of the grade of streets. Uses should be designed so as to cause the least interference with traffic, including signalization.

The city shall assign the location in or over the rights-of-way among competing users of the rights-of-way with due consideration to the public health, safety and welfare considerations of each user type, and to the extent the city can demonstrate that there is limited space available for additional users, may limit new users or require removal of abandoned or obsolete facilities, as allowed under state or federal law.