City work
means capital projects of the City, or other City digging
or excavating in ROW, according to the schedule adopted by the City
Manager, notice of which can be obtained at the City Manager’s
office at City Hall.
Construction plans
means the provider-supplied P.E. stamped plans and standards
for all provider work in the ROW. Construction plans shall be stamped
by a professional engineer if required by the Director or §
12-25-101, C.R.S. et seq.
Contact information
means name, title, e-mail address, physical and mailing address
and telephone number of each person to whom inquiries and requests
for decisions may be directed and who has decision-making authority
to bind the provider, pursuant to this chapter. If more than one person
must be identified so that the City may locate a contact person at
all reasonable times in response to emergencies, the provider must
supply the City Manager with a prioritized list containing contact
information for each person on the list.
Digging
means to dig, cut, excavate, move any earth, remove any earth
by any means, auger, backfill, bore, ditch, drill, grade, plow-in,
pull-in, rip, scrap, trench and/or tunnel.
Dry
means wires, pipes other than wet, cables, fiber optics,
electrical lines.
Franchisee
means any provider that is also a franchisee with terms regarding
relocation of such provider’s facilities at the direction of
the City, namely Public Service Company of Colorado and Grand Valley
Rural Power Lines, Inc.; and a political subdivision of the State
of Colorado that is also a provider, such as Ute Water Conservancy
District, Clifton Water District, the Grand Junction Drainage District,
Orchard Mesa Sanitation District, Central Grand Valley Sanitation
District, or other Title 32 districts.
Infrastructure
includes the wires, pipes (of metal, plastic, PVC or otherwise),
valves, connections, conduits, gas lines, water lines, sewer lines,
fiber optics, irrigation pipes and canals and conveyancing devices,
cable television, and the various connecting junctions and connectors.
Infrastructure includes publicly and privately owned and operated
facilities. Unless the City Manager finds another reasonable basis,
based on an industry standard, to measure or determine a “unit”
of a provider’s infrastructure for purposes of determining City
costs, or a duty to upgrade, or a duty to replace to meet standards,
400 feet of length of infrastructure shall constitute one unit or
element of infrastructure.
Locate or locates
means to establish and in compliance with the locate law
and the terms of this chapter.
New provider
means a person or entity of whatever form who has not previously
given notice to the City under this chapter, or who has otherwise
been made subject to the requirements of a new provider.
Overall plan
means the provider’s overall map or maps of the City
ROW, with explanatory text, indicating which streets, alleys and other
ROW the provider desires to use, and when, to place the provider’s
facilities. Explanatory text must describe what specific facilities
are proposed and what services the provider expects to offer to what
customers.
P.E.
means a Colorado licensed professional engineer, pursuant
to §
12-25-101, C.R.S. et seq., or a successor statute.
Pot hole
means to dig or to excavate in order to locate infrastructure
or other facility.
Provider
means a public utility, a provider of services to the public,
a governmental subdivision or another person or entity who has, or
desires to have, infrastructure or other pipes in City ROW, including
homeowner and similar associations, but excluding service lines for
individual structures and open ditches, canals, underground pipelines
and other related facilities associated with the Grand Valley Water
Users Association and the Orchard Mesa Irrigation District systems.
Replace or replacing or replacement
means to dig, expose, fix or reconstruct, in whole or part,
upgrade, patch or similar activities performed with the goal of gaining
use or reuse; except that repairs ordinary to the provider’s
work, and routine maintenance, is not within this definition.
Revocable permit.
For this chapter only, a revocable permit may be issued by
the Director for the reasons set forth in the recitals and legislative
history of this chapter.
ROW
means streets, alleys, highways, boulevards, avenues, roads,
ROW owned or other ROW controlled or owned by the City within the
limits of the City.
Service line
means a water or sewer line that connects a business, residence
or other structure to the provider’s infrastructure or system.
Unit
means a discrete segment of City ROW between intersections,
or 400 feet of ROW, as determined by the Director.
Wet
means water, sanitary sewer, storm sewer, drainage, natural
gas and other fluids or gases.
Work
means any change to any facility, infrastructure or portion
of any ROW, including digging and excavating and replacements.
(Ord. 3715, 1-19-05. Code 1994 § 38-201)
(a) If the terms of a voter-approved franchise are inconsistent with
or conflict with the terms of this chapter, the terms of the voter
approved franchise shall control. In general, the review and permitting
provided for by this chapter is to be accomplished on a project by
project basis. In some circumstances a revocable permit may be required.
(b) Consistent with the requirements of the Federal Telecommunications
Act of 1996, the City Council may approve variations from the terms
of this chapter, as needed to implement specific technical needs of
providers, in the form of a revocable permit. A revocable permit is
the term used in and authorized by the City Charter, although it is
recognized that the Charter language that ostensibly would allow the
Council to terminate such a permit without cause on 30 days’
notice has been preempted by applicable federal laws, discrimination
contrary to the Telecommunications Act of 1996, or regulate the provision
of telecommunications services.
(c) A revocable permit, pursuant to the City’s Charter, ordinarily
can only be issued by the City Council. Because the Telecommunications
Act of 1996 preempts inconsistent local government provisions, and
because quick administrative issuance of a permit or license to a
telecommunications provider would not violate any such preemptive
law, the Council determines that the extraordinary step of delegating
to the Director the power and duty to issue revocable permits pursuant
to this chapter is mandated by federal law and is hereby authorized.
(Ord. 3715, 1-19-05. Code 1994 § 38-202)
(a) It shall be unlawful for any provider, entity or telecommunications
provider as defined by the Telecommunications Act of 1996, within,
under, in, through or on any City owned or controlled ROW within the
limits of the City, to replace or dig as defined herein, unless such
person is a franchisee, has obtained a revocable permit as described
herein, or is certified by Colorado’s Public Utilities Commission
and unless such replacing or digging is performed in compliance with
the provisions of this chapter; and
(b) The terms of any permit, franchise and revocable permit, and generally
accepted engineering standards, including construction testing and
inspection, and the other provision of this chapter shall apply to
each such franchisee, local government, and revocable permittee;
(c) This chapter shall not apply to irrigation systems including open
ditches, canals, underground pipelines and related facilities associated
with a federal water project to the extent application of the chapter
is prohibited by the June 17, 1902, Federal Reclamation Act.
(Ord. 3715, 1-19-05. Code 1994 § 38-203)
(a) Before beginning work, replacing, digging or making any use of any
ROW, a provider shall give written notice of its proposed work at
least 15 City business days before beginning any such work or digging.
The notice required by this section shall be reduced to five days
if a different customer service standard has been approved or is made
applicable by the Colorado Public Utilities Commission.
(b) If due to workload or other considerations, 15 days is not sufficient
to adequately evaluate the notice and address possible impacts on
the City or other providers, the Director may lengthen the advance
notice period up to a total of 45 days.
(c) Advance notice for a new provider shall be 30 days, unless extended
by the Director up to a total of 60 days.
(d) For the notice to be adequate, the provider shall supply the following
information:
(1) For out-of-State providers and contractors, proof of authority to
do business in Colorado;
(2) Proof of Colorado worker’s compensation coverage;
(3) The name and street address of the provider, including State, City
and area code;
(4) Contact information for the provider;
(5) The name, address and contact information for each contractor before
such person(s) does any work or digs in any ROW;
(6) The business telephone number of the president, chief executive officer
or other decision-maker of each such provider and contractor. The
provider or contractor may each designate another individual so long
as such designee has the requisite authority to make decisions for
the provider or contractor regarding the matters regulated herein,
and if the contact information for such designee is provided;
(7) A proposed work plan showing:
(i) What specific locations and segments of ROW will be affected;
(ii)
When each such ROW will be used and affected;
(iii)
The location, depth and width of any cuts, digging or other
work within the ROW;
(iv)
How, if at all, the proposed work or digging will interfere
with any City work and how the provider will mitigate or minimize
the interference;
(v) How warranty work will be secured;
(vi)
How the provider intends to repair or replace any damaged ROW,
including any facilities and infrastructure located within the ROW;
(8) Traffic control plan, as necessary.
(e) The Director shall issue the construction permit. Unless all or a
part is prohibited by other applicable law, the provider shall pay
the cost of the permit which shall be equal to the City’s reasonable
estimate of the actual costs required to process, issue, review the
proposed work, make inspections during the work, perform field and
other tests, and generally monitor the activities pursuant to the
permit. From time to time, the City Council may adopt a schedule of
average actual costs, based on prior experience, which sets the cost
of such permits.
(f) If a provider cannot first provide notice and obtain a construction
permit due to a bona fide emergency, the provider shall take such
“action as is reasonably required” and shall as soon thereafter
as practical give oral notice to the Director, and thereafter comply
with the requirements of this chapter.
(Ord. 3715, 1-19-05. Code 1994 § 38-204)
It is the City’s policy to limit cuts, trenches or excavations
in the surface of any ROW. Boring is required unless the applicant
can reasonably demonstrate to the Public Works Director that it is
impracticable to do so because of cost, emergency, unstable soil,
existing utilities or other conditions.
(Ord. 3715, 1-19-05. Code 1994 § 38-205)
A performance/warranty guarantee and insurance shall be required for work within the ROW under the same terms and conditions as set forth in GJMC §
13.12.070 and
13.12.100 as amended herein.
(Ord. 3715, 1-19-05. Code 1994 § 38-206)
(a) No provider shall begin any work, nor dig within any ROW, nor make
any cuts, nor occupy any City ROW unless the Director has accepted
in writing the provider’s construction plans which shall comply
with adopted City specifications and standards or standards that are
mutually agreed upon by both the provider and City. The specifications
and standards of the providers may be found to comply with “adopted
City specifications and standards” if substantially equivalent
to City standards and if use of the provider’s standards are
approved in writing by the Director or pursuant to written agreements
between such other provider and the Director.
(b) At the time of application for a construction permit, a provider
shall deliver three sets of its proposed construction plans for use
or digging in any ROW to the Director for the use of the City. Among
other benefits such overall plans allow the City to coordinate its
work with that of the provider and other providers. If the City’s
workload demands, or if the plans are complex, and if the provider
has not attended and provided the necessary notice and information
at the most recent City planning meeting, then the Director may extend
the review by giving notice to the provider of an extended review
period not to exceed a total of 60 business days. The scale of such
plans shall be not less than one inch equal to 40 feet.
(c) If the plans are complete and adequate, the Director will be deemed
to have accepted the plans unless the Director rejects or requests
amendments to the plans within 10 City business days by giving notice
thereof to the provider.
(d) If the plans are incomplete and/or inadequate, then the provider
shall make such changes as the Director requires, consistent with
this chapter and the City’s other standards and requirements.
(e) To reject or amend the provider’s plans, the Director shall
give notice thereof by sending an e-mail, or facsimile, or by mailing
a notice to the provider. Such notice by the Director is effective
upon the earlier of sending the e-mail, facsimile or mailing the notice
first class via the U.S. Postal Service, postage prepaid.
(f) If the Director rejects or amends the proposed plans, in whole or
in part, the provider shall not thereafter do any work in the ROW
until the provider submits plans that the Director does not reject
or amend; however, the Director may approve a portion of the plans,
and thereafter the provider may perform a portion of the proposed
work in the locations or at such times as the Director directs.
(Ord. 3715, 1-19-05. Code 1994 § 38-207)
At least once per calendar year and up to four times per calendar year, the City shall give notice to each provider, who so requests, of a City sponsored and coordinated meeting among the City and providers (“City planning meeting(s)”). At the City planning meeting, each provider that provides the City with copies of proposed projects, scope of work and estimated schedules for the subsequent 12 months, and for future years as available, shall not be required to provide the information, and at the times, required by GJMC §
12.28.070(b) and
(c).
(Ord. 3715, 1-19-05. Code 1994 § 38-208)
(a) From time to time, the Director may adopt additional or supplemental
standards as administrative regulations to which each provider shall
thereafter conform its infrastructure in the City ROW whenever the
infrastructure is repaired or replaced.
(b) The Director shall adopt standards regulating the vertical and horizontal
placement of provider infrastructure relative to the City’s
infrastructure, the facilities of other providers and other facilities
in the ROW. The Director may solicit the public input of providers
and other affected interests when considering such standards.
(c) The City’s standard cross section for “wet” and “dry” infrastructure is incorporated by this reference as if fully set forth on the attached detail. All work shall conform with City standard cross section, unless the Director has approved a variation proposed by a provider in accordance with subsection
(a) of this section.
(d) For all replacements and new infrastructure installed, the provider
shall deliver “as-built” information as required herein
to the Director within 60 days of completion of the replacement or
infrastructure work.
(e) The provider shall deliver the as-built information in a format and
medium specified by the Director so that the City may incorporate
the information into its existing software, programs and GIS. The
Director will work with the entities subject to this chapter in order
to agree upon a consistent format(s) that can be accepted by the City’s
GIS system.
(Ord. 3715, 1-19-05. Code 1994 § 38-209)
Whenever a provider’s dry infrastructure in the City ROW
is dug up, exposed or repaired, including by boring, if the provider
desires to rebury, replace, or install dry infrastructure as the Director
determines is reasonable, the provider shall place the additional
(City provided) infrastructure and be reimbursed for any additional
costs incurred from placing the additional infrastructure.
(Ord. 3715, 1-19-05. Code 1994 § 38-210)
The City may require that a provider locate and maintain one
or more of its dry facilities in a common trench and/or conduit or
similar facility in which the infrastructure of other providers and/or
the City is also located. Until the Director adopts different standards
regarding the vertical and horizontal separation of facilities, the
attached standards, the Standards of the American Waterworks Association
and the National Electric Safety Code and Standards shall apply.
(Ord. 3715, 1-19-05. Code 1994 § 38-211)
(a) Each provider shall pay to the City the costs and expenses incurred
by the City and its officers, officials, employees and agents regarding
oversight, inspection, regulation, permitting and related activities
(“City costs”).
(b) City costs include the actual wages, plus benefits, paid by the City
for the work of each City employee and/or agent, including clerical,
engineering, management, inspection, enforcement, and similar functions.
(c) City costs include the expenses and costs for computer-aided design
programs, maps, data manipulation and coordination, scheduling software,
surveying expenses, copying costs, computer time, and other supplies,
materials or products required to implement this chapter and to regulate
providers hereunder.
(d) Unless the Director requires a provider to resurface a part of a
unit, portion of a City block or similar segment of ROW disturbed
by the provider, City costs include the present value of the cost
to replace and resurface the damaged asphalt, concrete or other ROW
surface.
(e) The Director shall annually establish an average per unit cost which
shall be for the calendar year in question, based on bids the City
accepted for City projects in the previous one or two calendar years.
(Ord. 3715, 1-19-05. Code 1994 § 38-212)
If a provider fails to pay City costs, or any other money, fee
or compensation required by a City law or regulation, in full within
30 days of the City’s mailing a claim therefor, the City is
entitled to, in addition to the amount of the claim, interest on all
unpaid amounts at the statutory rate, or the City’s return on
investment, as reported in the City’s then current annualized
investment portfolio.
(Ord. 3715, 1-19-05. Code 1994 § 38-213)
(a) To increase the accuracy of project design and avoid conflicts encountered
after construction begins, providers will locate their utilities as
required pursuant to §
9-1.5-101, C.R.S. et seq. (“locate law”). The City will pothole
the utilities based upon the painted locates provide by the utility
owners. If the utility is not located within 18 inches of the painted
locate, the utility owner shall excavate and locate the utility and
notice the City who will survey the location. This section does not
apply to service lines.
(b) Any provider who fails to comply with the Director’s notice
to comply with the locate law is responsible and liable for all consequential
damages that result from either the failure to comply with the locate
law or from inaccurate information regarding the vertical and/or horizontal
location of such provider’s infrastructure.
(c) Any provider may avoid claims for such consequential damages pursuant
to this chapter if such provider “pot holes” in such locations
and to such depths as such provider determines is needed to provide
accurate information to the City regarding the horizontal and vertical
location of such provider’s infrastructure in the specified
unit(s).
(d) Each provider that does not accurately locate its infrastructure
shall pay the City the costs incurred by the City in changing any
design, relocating City infrastructure, and delay and similar costs
incurred as a result of inaccurate locates.
(e) A provider may avoid having to perform locates if it delivers to
the City accurate vertical and horizontal information (pot hole data)
that is compatible with the City’s GIS that establishes the
location of such provider’s infrastructure in the unit(s) in
question.
(Ord. 3715, 1-19-05. Code 1994 § 38-214)
A construction or revocable permit authorized under this chapter
may be void if/when the permittee is not in full compliance with any
provision of this chapter or other City law.
(a) A permit to dig or excavate under this chapter is void if the provider
supplies materially false or deceptive information to the City at
any time.
(b) If/when the permittee is in full compliance, the provider shall give the notice required by GJMC §
12.28.040 and shall apply for a permit as a new provider.
(c) The City Manager may order that a provider immediately cease and
desist any further use or work within the City’s ROW and suspend
any or all permits and previously granted City approvals, at any time
based on reasonable grounds to believe that a violation of this chapter,
or other City rules or specifications has occurred, and the public
health, safety or welfare, or the property or rights of another provider
are at substantial risk of irreparable harm.
(Ord. 3715, 1-19-05. Code 1994 § 38-215)
(a) If the provider has violated any provision of this chapter within
the previous five years, before the provider is authorized to perform
work in the ROW, the City Manager may require that a provider post
a letter of credit or equivalent security in the greater of:
(1) The dollar value of any damage to the City or other provider’s
infrastructure that has occurred in said five-year period;
(2) The amount of increased costs or price payable to a contractor or
similar entity due to the provider’s violation; or
(3) The amount of gross profit the provider realized due to the violation.
(b) The City may convert such security to cash and use such cash to pay
for any warranty work or to correct any injury or damage caused to
the City’s infrastructure or property, or other damages, by
the provider’s actions or failure to act or to improve the City’s
infrastructure.
(Ord. 3715, 1-19-05. Code 1994 § 38-216)
(a) Each provider has the duty to see that its work, and that of its
contractors, complies with this chapter, other adopted City standards
and specifications, and other applicable law. Other City adopted standards
and requirements include: the transportation, engineering and design
standards; the City’s standard contract documents as applicable;
the City’s ordinances, including the zoning and development
code; and the City’s administrative regulations.
(b) Each provider has the affirmative duty to comply with the City’s
construction standards, such as soil density testing of repaired ROW.
(Ord. 3715, 1-19-05. Code 1994 § 38-217)
During such appeal process, the City Manager has the discretion
to allow the provider to use and/or operate within one or more units,
as determined by the City Manager, with conditions as the City Manager
deems reasonable, including the posting of reasonable cash or other
security, such as a letter of credit.
A provider may appeal any City or City Manager decision pursuant
to this chapter to the City Council, as provided below:
Any person, including any officer or agent of the City, aggrieved
or claimed to be aggrieved by a final action of the Director on an
administrative development permit, may request an appeal of the action
in accordance with the following:
(a) Application and Review Procedures.
Requests for an appeal
shall be submitted to the Director in accordance with the following:
(1) Application Materials.
The appellant shall provide a
written request that explains the rationale of the appeal based on
the criteria provided herein.
(2) Notice to Applicant.
If the appellant is not the applicant,
the Director, within five working days of receipt of the request for
appeal, shall notify the applicant of the request and the applicant
shall have 10 working days to provide a written response.
(3) Preparation of the Record.
The Director shall compile
all material made a part of the record of the Director’s action.
As may be requested by the City Council, the Director also may provide
a written report.
(4) Notice.
No notice of the appeal is required.
(5) Conduct of Hearing.
The City Council shall hold an evidentiary hearing to determine whether the Director’s action is in accordance with the criteria provided stated in subsection
(b) of this section, Approval Criteria. The City Council may limit testimony and other evidence to that contained in the record at the time the Director took final action or place other limits on testimony and evidence as it deems appropriate.
(b) Approval Criteria.
In granting an appeal of an administrative
development permit, the City Council shall find that the Director:
(1) Acted in a manner inconsistent with the provisions of this code or
other applicable local, State of federal law; or
(2) Made erroneous findings of fact based on the evidence in the record;
or
(3) Failed to fully consider mitigating measures or revisions offered
by the applicant; or
(4) Acted arbitrarily, acted capriciously and/or abused his discretion.
(Ord. 3715, 1-19-05. Code 1994 § 38-218)
The City Manager may implement this chapter by adopting administrative
regulations. An implementing administrative regulation may be appealed
to the City Council, as provided in GJMC § 21.08.260(c)(3).
(Ord. 3715, 1-19-05. Code 1994 § 38-219)
If a court of competent jurisdiction declares one or more provision(s)
or terms of this chapter to be unenforceable or unconstitutional,
the rest of the provisions and terms shall be severed therefor and
shall remain enforceable.
(Ord. 3715, 1-19-05. Code 1994 § 38-220)
If any person or provider violates any order of the Director, a hearing board or the Council, or otherwise fails to comply with the provisions of this chapter, the provisions and remedies provided for in GJMC §
13.04.440(b) shall apply and shall be available to the City.
(Ord. 3715, 1-19-05. Code 1994 § 38-221)
(a) The provisions of Chapter
1.04 GJMC apply to any violation hereof.
(b) It is a violation of this chapter if a provider misrepresents any
fact in any information provided to the City, to the City Manager,
or the Director’s employees or agents.
(c) A provider violates this chapter if the contact person of such provider,
or the provider, fails to amend or update the information and documentation
supplied to the City pursuant to this chapter within 60 days of any
change, error, mistake or misstatement.
(Ord. 3715, 1-19-05. Code 1994 § 38-222)