A. 
The purpose of this chapter is to establish minimum rules and regulations to govern activities within the right-of-way in the City of Tukwila; and to provide for the fees, charges, warranties, and procedures required to administer the permit process. To the extent the provision of any current franchise or other written agreement conflicts with any provision of this chapter, the applicable provision of the franchise or other written agreement shall prevail.
B. 
This code is enacted to protect and preserve the public health, safety, and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.
C. 
It is expressly the purpose of this code and any procedures adopted hereunder to provide for and promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code or any procedures adopted hereunder.
(Ord. 2682 § 3, 2022)
A. 
"Applicant"
means a person who has submitted a complete application pursuant to the terms and conditions of this Chapter.
B. 
"Blanket activities"
means work that does not include cutting, removing, or disturbing the pavement surface including:
1. 
Simple service disconnects for customers;
2. 
Repair or replacement of standard crossarms, insulators, and/or other existing equipment on poles or bundles;
3. 
Replacement of blown fuses or limiters on cutouts;
4. 
Replacement of existing faulted, broken, or damages overhead service drops;
5. 
Repairs or splices to existing overhead primary and secondary wires;
6. 
Replacement of damaged poles with similar dimensioned stock;
7. 
Operation of existing overhead primary switches, i.e. the open and closing of overhead primary switches as necessary;
8. 
Disconnection of existing services due to non-payment;
9. 
Changing wire type;
10. 
Installation of secondary conductors;
11. 
Accessing existing vaults;
12. 
Maintaining hydrants/vaults;
13. 
Raising or adjusting valves;
14. 
Vegetation management;
15. 
Replacing above-ground meters;
16. 
Installing water sampling stations;
17. 
Flushing activities, and lining pipes.
C. 
"City"
means the City of Tukwila.
D. 
"Department"
means the City of Tukwila’s Public Works Department
E. 
"Director"
means the City of Tukwila Public Works Director or designee.
F. 
"Emergency"
shall mean any unforeseen circumstance or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility or public services.
G. 
"Facility" or "facilities"
means any plant, equipment and/or property, including but not limited to, overhead and underground water, gas, electric, and telecommunication facilities and appurtenances such as cables, wires, conduits, transformers, conduit, substation, pad-mounted J boxes, switch cabinets, ducts, pedestals, antennas, electronics, vaults, poles, meter boxes, sewers, pipes, drains, and tunnels.
H. 
"Franchise holder"
means a person that was issued a franchise agreement by the City and which franchise is not expired.
I. 
"Permittee"
means a person that has applied for and received a permit pursuant to TMC Chapter 11.08.
J. 
"Person"
means any individual, association, partnership, corporation or legal entity, public or private, and includes the agents, contractors, and assigns of such person, including registered agents thereof.
K. 
"Preconstruction meeting"
means a meeting between the designated City staff and the applicant’s contractor or designee prior to beginning any construction activity on the site or within the right-of-way to discuss project approval conditions and preliminary requirements.
L. 
"Public improvement"
means any capital improvement, maintenance, or repair that is undertaken by or on behalf of the City within the franchise area and is funded by the City (either directly or indirectly), including any capital improvement within the City’s adopted Transportation Improvement Plan or Capital Improvement Program.
M. 
"Right-of-way" or "rights-of-way"
means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto.
N. 
"Right-of-way use permit"
means any permit issued pursuant to TMC Chapter 11.08.
O. 
"Right-of-way user"
means any person with any facility in the Right-of-Way.
(Ord. 2682 § 4, 2022)
A. 
The Director, under the authority of the City Administrator, shall have the following administrative and enforcement powers:
1. 
Prepare and adopt procedures as needed to implement this chapter and to carry out the responsibilities of the Department. Such procedures do not require approval of the City Council to be initially implemented; however, the Council may take Council action directing that procedures, guidelines, fees, or other aspects of the permitting system be amended or modified to the satisfaction of the Council.
2. 
Administer and coordinate the enforcement of this chapter and all procedures adopted under this chapter relating to the use of rights-of-way.
3. 
Carry out such other responsibilities as required by this chapter or other codes, ordinances, resolutions, or procedures of the City.
4. 
Request the assistance of other City departments to administer and enforce this chapter, as necessary.
5. 
Render interpretations of this chapter or assign the responsibility for interpretation and application of specified procedures to such designees as may be deemed appropriate.
(Ord. 2682 § 5, 2022)
A. 
It is unlawful for any person, except the Department or its agent, to perform work of any kind in the right-of-way, or to make private use of any right-of-way without obtaining a right-of-way use permit pursuant to this chapter.
B. 
The decision by the City to issue a permit shall include, among other factors determined by the City, the following:
1. 
The capacity of the right-of-way to accommodate the facilities or structures proposed to be installed in the right-of-way.
2. 
The capacity of the right-of-way to accommodate wire, cables, conduits, pipes or other facilities or structures of other existing users of the right-of-way, such as electrical power, telephone, gas, surface water, sewer, and water.
3. 
The damage or disruption, if any, of public or private facilities, improvements, or landscaping previously existing in the right-of-way.
4. 
The public interest in minimizing the cost and disruption of construction in the right-of-way.
C. 
The issuance of a permit for use of a right-of-way is subject to the use and needs of the City and the general public, whether such needs are temporary or permanent, or for public or private purposes (i.e., utility construction work in the right-of-way by private service provider), and is a grant of a temporary revocable privilege to use a portion of the right-of-way to serve and benefit the general public. The applicant shall have the burden to prove that any proposed use will enhance and further the public interest consistent and not in conflict with the use of the right-of-way by the general public and the City for other authorized uses and activities.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 6, 2022)
A. 
The following classes of right-of-way use permits are hereby established:
1. 
Public Works Permit.
These permits may be issued to applicants who do not hold a current franchise with the City.
2. 
Public Works Franchise Permit.
These permits may be issued to applicants who do not hold a current franchise with the City.
3. 
Annual Blanket Activities Permit.
These permits may be issued to franchise holders on an annual basis to undertake blanket activities as defined by this chapter.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 7, 2022)
A. 
To obtain a right-of-way use permit, the applicant shall submit, in the format and manner specified by the Director, an application to the City.
B. 
Every application shall contain, as applicable:
1. 
The name, address, telephone number, and email address of the applicant. Where an applicant is not the owner of the facility to be installed, maintained or repaired in the right-of-way, the application shall also include the name, address, telephone number, and email address of the owner. Where the applicant is not the owner of the facility or facilities to be installed, maintained, or repaired, the applicant must demonstrate in a form and manner specified by the Director their authorization to act on behalf of the owner.
2. 
A description of the location, including the address and GPS coordinates, nature and extent of the work proposed.
3. 
A site plan showing the location of the proposed work.
4. 
If the applicant holds a franchise, easement, encroachment permit, license or other legal instrument with the City that authorizes the applicant or owner to use or occupy the right-of-way for the purpose described in the application, the applicant shall attach a copy of that document to the application.
5. 
The proposed start date and duration of the work, which shall include the restoration of the right-of-way physically disturbed by the work.
6. 
Written acknowledgment that the applicant will comply with all terms and conditions of this title, the orders, regulations, and standard plans and specifications as promulgated by the Director; and that the applicant is not subject to any outstanding assessments, fees or penalties that have been finally determined by the City or a court of competent jurisdiction.
7. 
A current business license through the Washington State Department of Revenue with an endorsement for the City of Tukwila.
8. 
Evidence of insurance as required by TMC Section 11.08.150.
9. 
A financial guarantee as required by TMC Section 11.08.160.
10. 
A traffic control plan to be approved by the Director.
11. 
Any other information that may be reasonably required by the Director.
12. 
An estimate of the value of the project. The Director may also require an applicant to submit separate cost estimates for each item of improvement.
13. 
An application fee as required by TMC Section 11.08.110.
C. 
The Director may allow an applicant to maintain documents complying with TMC Sections 11.08.060.B, subparagraphs 4, 8, 9 and 10 on file with the Department, rather than requiring submission of such documents with each separate application.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 8, 2022)
A. 
If the Director finds that the application conforms to the requirements and procedures of this chapter and title, that the proposed use of such right-of-way will not unduly interfere with the rights and safety of the public, and if the application has not been disapproved by another department with authority, the Director may approve the permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare and safety, and to mitigate any impacts resulting from the use. Such conditions may include but are not limited to:
1. 
Compliance with all applicable provisions of TMC Title 11;
2. 
Compliance with applicable provisions of the Infrastructure Design and Construction Standards Manual;
3. 
Limitations on the hour, the day and the period of the year in which the work may be performed;
4. 
Requirement of a traffic control supervisor onsite during approved working hours;
5. 
Installation and maintenance of temporary erosion control measures, as applicable;
6. 
Pre-construction storm drainage patterns shall be met during and after construction; and
7. 
Compliance with all applicable provisions of TMC Chapters 8.45 and 14.30.
B. 
Additionally, if at any time conditions unforeseen at the time of issuance of the permit are discovered which could, in the opinion of the Director, cause unforeseen damage to public or private property or a hazard to life or property or become a public nuisance, the Director may stop any further work under the permit until the permit conditions have been modified by the Director in such a manner as to protect from or eliminate the potential damages, hazards or nuisances enumerated in this chapter.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 10, 2022)
Permits issued pursuant to this chapter shall not be transferable or assignable unless prior written consent is received from the City, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit provided; however, the holder of the permit shall be and remains responsible for the performance of the work under the permit, and responsible for all bonding, insurance and other requirements of this title and under said permit.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 11, 2022)
A. 
In the event that an emergency necessitates work in the right-of-way for the protection of public or private property, a person may conduct the work after the person performing the work has notified the City’s Police and Fire Departments of such work and an application for a permit as provided in this chapter shall be made on the next succeeding business day whether or not the emergency work has been completed.
B. 
The person commencing and conducting such emergency work shall take all necessary safety precautions for the protection of the public, the direction and control of traffic, and shall insure that work is accomplished according to City standards, regulations, the Manual on Uniform Traffic Control Devices, and other applicable laws, regulations or generally recognized practices in the industry.
C. 
Nothing contained in this chapter shall be construed to prevent any person from taking any action necessary for the preservation of life or property or for the restoration of interrupted service when such necessity arises during days or times when the City is closed.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 12, 2022)
A. 
The permit and inspection fees for any permit issued pursuant to this chapter shall be set forth in a fee schedule to be adopted by motion or resolution of the Tukwila City Council and as amended from time to time.
B. 
As applicable, additional fees may be imposed as follows:
1. 
A fee associated with the issuance of the permit and the required inspection of the construction (Permit Issuance and Inspection Fee), which is determined from the value of the construction;
2. 
A Grading Plan Review fee.
3. 
A pavement mitigation fee associated with the loss of pavement life from any proposed excavation in the right-of-way, the fee amount determined from the square footage of excavation being performed and the age of the pavement;
4. 
Each revision review, shall be charged as a separate fee in accordance with the fee schedule adopted by resolution of the City Council. These fees will be added to the balance due and be payable prior to issuance or final of the permit.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 13, 2022)
Permits under this chapter shall not be required for public use; i.e., persons using the right-of-way as pedestrians or while operating motor and non-motorized vehicles for routine purposes such as travel, commuting, or personal business.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 14, 2022)
A. 
The Director may revoke or suspend any permit issued under this chapter whenever:
1. 
The activity or work does not proceed in accordance with the permit as approved, in accordance with conditions of approval, or is not in compliance with the requirements of this chapter or procedures, or other City ordinances, or State laws;
2. 
The City has been denied access to investigate and inspect how the right-of-way is being used;
3. 
The permittee has misrepresented a material fact in applying for a permit (a material fact is a fact which, had the truth been known at the time of the issuance of the permit, the permit would not have been granted);
4. 
The City believes the permitted activity is, or will be, endangering the public, adjoining property, the street, or infrastructure in the street.
B. 
Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized by the Director.
C. 
Continued activity following revocation or suspension under this section shall be subject to the enforcement provisions in TMC Chapter 8.45.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 15, 2022)
Each permit shall be of a duration as specified on the permit. A permit may be renewed at the discretion of the Director, if requested by the permit holder before expiration of the permit; provided, however, that the use or activity is progressing in a satisfactory manner as reasonably determined by the Director.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 16, 2022)
A. 
Unless the Director determines that there is not a probability of injury, damage, or expense to the City arising from an applicant’s proposed use of the right-of-way or public place, or the applicant holds a current franchise with the City, the applicant shall obtain and maintain in full force and effect, throughout the term of the permit, or as long as the permittee has facilities in the right-of-way, an insurance policy issued by an insurance company satisfactory to the Director, insuring both the applicant and the City against claims for injuries to persons, death or damages to property that may arise from, or in connection with, the exercise of the rights, privileges and authority granted to the applicant under this chapter:
1. 
Commercial general liability insurance written on an occurrence basis. The insurance policy shall be endorsed to provide a per project general aggregate and there shall be no exclusive for liability arising from explosion, collapse, or underground property damage. The policy shall have limits not less than:
a. 
$3,000,000 for bodily injury, property damage, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract;
b. 
$6,000,000 general aggregate, per project aggregate and products-completed operations aggregate.
2. 
Business automobile liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned, and hired auto coverage, as applicable.
3. 
Pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, and $2,000,000 in the aggregate.
4. 
Worker’s compensation within statutory limits and employer’s liability insurance, with limits of not less than $1,000,000.
5. 
Excess or umbrella liability policy shall be excess over and at least as broad in coverage as the commercial general liability and automobile liability insurance, with limits not less than $5,000,000 per occurrence and annual aggregate.
6. 
Said policy or policies shall include the City and its officers, officials (appointed and elected), employees, and agents jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered there under, and shall provide for severability of interests.
7. 
Underwriters shall have no right of recovery or subrogation against the City, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.
8. 
The insurance companies issuing the policy or policies shall have no recourse against the City for payment of any premiums due or for any assessments under any form of any policy.
9. 
Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its employees, officers, officials, agents, volunteers, and assigns.
10. 
Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits, except after 30 days’ prior written notice by certified mail, return receipt requested sent to the City.
11. 
Each policy shall be endorsed to indemnify, save harmless and defend the City and its officers, officials (appointed and elected), employees, and agents against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by permittee, his/her subcontractor or agent, whether or not the work has been completed and whether or not the right-of-way has been opened to public travel.
12. 
Each policy shall be endorsed to indemnify, hold harmless and defend the City, and its officers, officials (appointed and elected), employees, and agents against any claim or loss, damage or expense sustained by any person occurring by reason of doing any work pursuant to the permit including, but not limited to, falling objects or failure to maintain proper barricades and/or lights as required from the time work begins until the work is completed and the right-of-way is opened for public use.
B. 
The permittee shall furnish the City with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.
C. 
If any of the required policies are, or at any time become, unsatisfactory to the City as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the City, the permittee shall promptly obtain a new policy, submit the same to the City for approval, and thereafter submit verification of coverage as required by the City. Upon failure to furnish, deliver and maintain such insurance as provided herein, the City may declare the permit to be in default and pursue any and all remedies the City may have at law or in equity, including those actions outlined in this chapter.
D. 
The permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein.
E. 
A property owner performing work adjacent to his/her residence may submit proof of a homeowner’s insurance policy in lieu of the insurance requirements of this section.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 17, 2022)
A. 
Before a permit pursuant to the provisions of this chapter may be issued, the applicant may be required, unless otherwise provided in a current franchise, to execute to the City a financial guarantee in a form as approved by the City for the proper protection of the City and conditioned that obligors of the financial guarantee will pay to the City the costs and expenses incurred by the City should the person obtaining the permit fail, neglect or refuse to properly complete the work authorized by the permit within the time limit specified by said permit. Such financial guarantees are as follows:
1. 
Performance Financial Guarantee.
In a sum as shall be designated by the Director (but not less than 150% of the estimated cost of the improvements within the right-of-way). This financial guarantee shall be released upon acceptance of the work and the receipt of a maintenance financial guarantee. Otherwise, it will be released under the same time frame as outlined in TMC Section 11.08.160.A.2.
2. 
Right-of-Way Occupation Financial Guarantee.
In a sum of not less than $5,000. Permits allowing right-of-way obstructions, not including the take up, breaking, excavating, tunneling, undermining, or cutting in any right-of-way in the City, may be allowed to provide a financial guarantee pursuant to this subsection. The Director may release the financial guarantee, without requiring a subsequent maintenance financial guarantee per TMC Section 11.08.160.A.3, once the work has been accepted as complete by a city inspector and the permit is finaled and closed.
3. 
Maintenance Financial Guarantee.
In a sum as shall be designated by the Director (but not less than $5,000 or 10% of the estimated cost of the improvements within the right-of-way, whichever is greater). This financial guarantee will be in force for 2 years after the City accepts the work if no repair work is identified within that 2-year period. If the City identifies any repair work, the financial guarantee will extend to either 1 year after the repair is accepted by the City or the end of the original 2-year time period, whichever is longer. At the Director’s discretion, this maintenance financial guarantee may be waived if the Director documents in writing a decision that a financial guarantee is not necessary to protect the interests of the City.
4. 
The amount of the financial guarantees required above may be increased or decreased at the discretion of the Director whenever it appears that the amount and cost of the work to be performed may vary from the amount of the security otherwise required under this chapter.
B. 
Public utilities holding a current City franchise shall not be required to file any right-of-way financial guarantee if such requirement is expressly waived in the franchise documents, however public utilities franchisees shall guarantee workmanship and materials through a maintenance financial guarantee.
C. 
The security required by this section shall be conditioned as follows:
1. 
That the permittee shall fully comply with the requirements of the City ordinances and regulations, specifications and standards promulgated by the Department relative to work in the right-of-way, and respond to the City in damages for failure to conform therewith;
2. 
That after work is commenced, the permittee shall proceed with diligence and shall promptly complete such work and restore the right-of-way to City standards, so as not to obstruct the public place or travel thereon more than is reasonably necessary;
3. 
That unless authorized by the Director on the permit, all paving, resurfacing or replacement of street facilities on principal arterial, major or collector streets shall be done in conformance with the regulations contained herein within three calendar days, and within seven calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to City standards. In winter, a temporary patch must be provided. In all excavations, restoration or pavement surfaces shall be made immediately after backfilling is completed or concrete is cured. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.
D. 
In lieu of a financial guarantee to cover particular work, an applicant may maintain with the City a general bond in the sum of $100,000 conditioned and used for the same purpose as the financial guarantee described in TMC Section 11.08.160.A and covering all work to be done rather than any particular work, provided, however, that the total work being performed shall not exceed a cumulative total of $100,000. The applicant shall track and submit with each new permit the applicant’s approved permits that are covered by this financial guarantee and include: permit number, date of approval, and date work is complete.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 18, 2022)
Unless the permittee holds a current franchise with the City, as a condition to the issuance of any permit under this chapter, the permittee shall be required to execute a written agreement to forever hold and save the City free and harmless from any and all claims, actions or damages of every kind and description that may accrue to or be suffered by any person by reason of the use of such public place or the construction, existence, maintenance, use or occupation of any such structure, services, fixtures, equipment and/or facilities on or in a public place pursuant to this chapter. In addition, such agreement shall contain a provision that the permit is wholly of a temporary nature, and that it vests no permanent right whatsoever.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 19, 2022)
A. 
The work performed in the right-of-way shall conform to the requirements of the Department’s Infrastructure Design and Construction Standards, Manual on Uniform Traffic Control Devices, King County Surface Water Design Manual, Part VIII, “Regulations for Use of Public Streets and Projections over Public Property,” International Building Code, and the Tukwila Municipal Code as currently exists and as hereafter amended.
B. 
When a job is left unattended, before completion of the work, signage with minimum two-inch high letters shall be attached to a barricade or otherwise posted and maintained at the site, indicating the permittee’s name, or company name, telephone number, and after-hours telephone number.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 20, 2022)
As a condition of issuance of any permit or authorization that requires approval of the Department, each permittee shall be required to consent to inspections by the Department or any other City department. Additionally, the permittee is obligated to request a final inspection to close out the permit.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 21, 2022)
A. 
Whenever the Director determines that any condition on any right-of-way is in violation of (i) this chapter, or (ii) procedures adopted under this chapter or other applicable codes or standards, the Director may order the correction or discontinuance pursuant to this section.
B. 
The Director is authorized to use any or all of the following methods in ordering correction or discontinuance:
1. 
Service of oral or written directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition;
2. 
Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within five days of notice, or such other reasonable period the Director may determine;
3. 
Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work;
4. 
Revocation of previously granted permits where the permittee or other responsible person has failed or refused to comply with requirements imposed or notices served;
5. 
Service of notice and order or service of a criminal citation to appear by a law enforcement officer upon the permittee or other responsible person who is in violation of this chapter or other City ordinances.
C. 
Any object that shall occupy any right-of-way without a permit is declared a nuisance. The Director may attach a notice to any such object stating that if it is not removed from the right-of-way within 24 hours of the date and time stated on the notice, the object may be taken into custody and stored at the owner’s expense. The notice shall provide an address and telephone number where additional information may be obtained. If the object is a hazard to public safety, the Director may remove it summarily. Notice of such removal shall be thereafter given to the owner, if known. This section shall not apply to motor vehicles.
D. 
All expenses incurred by the City in abating any violation or condition shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the object or who placed it in the right-of-way, which debt shall be collectible in the same manner as any other civil debt.
E. 
The City shall also have all powers and remedies whether legal or equitable that may be available under law or ordinance including but not limited to TMC Chapter 8.45, TMC Chapter 11.08, and procedures adopted under this chapter for securing the correction or discontinuance of any conditions specified by the City.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 22, 2022)
A. 
Warning lights, safety devices, signs, and barricades shall be provided on all rights-of-way when there might be an obstruction or hazard to vehicular or pedestrian traffic. All obstructions on rights-of-way shall have sufficient barricades and signs posted in such a manner as to indicate plainly the danger involved. Warning and safety devices may be removed when the work for which the right-of-way use permit has been granted is complete and the right-of-way restored to the conditions directed by the Department.
B. 
As a condition of the issuance of any permit issued pursuant to this chapter, the Director may require an applicant to submit a traffic control plan showing any proposed detour routing and location and the type of warning lights, safety devices, signs, and barricades intended to protect vehicular or pedestrian traffic at the site for which the right-of-way use permit is requested. If a traffic control plan is required, no permit shall be issued until after the traffic control plan is approved.
C. 
Any permit issued pursuant to this chapter that requires a partial lane or street closure may require a traffic control supervisor; certified flag person, properly attired; or an off-duty police officer for the purpose of traffic control during construction.
D. 
All decisions of the Director shall be final in all matters pertaining to the number, type, locations, installation and maintenance of warning and safety devices in the right-of-way during any actual work or activity for which a duly authorized permit has been issued pursuant to this chapter.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 24, 2022)
Unless when specifically authorized by the Director, all excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free from obstructions at all times.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 25, 2022)
Right-of-way users shall at all times, and at the right-of-way user’s expense, preserve and protect from injury adjoining property by complying with such measures as the Director may deem reasonably suitable for such purposes. Right-of-way users shall at all times maintain access to all property adjoining the excavation or work site.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 26, 2022)
Right-of-way users shall not disturb any survey monuments or markers found on the line of excavation work until ordered to do so by the Director. All street monuments, property corners, benchmarks, and other monuments disturbed during the progress of the work shall be replaced by a licensed surveyor, at the expense of the right-of-way user, to the satisfaction of the Director.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 27, 2022)
Right-of-way users shall comply with all State laws, City ordinances, and procedures adopted hereunder by the Director to protect the public from air and water pollution. Right-of-way users shall provide for the flow of all watercourses, sewers or drains intercepted during the excavation work, and shall replace the same in as good or better condition as the right-of-way user found them. Right-of-way users shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. Right-of-way users shall make provision to take care of all surplus water, muck, silt, or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage resulting from their failure to so provide.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 28, 2022)
A. 
If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel, convenient for users, and consistent with City standards.
B. 
Each right-of-way user shall cover an open excavation with non-skid steel plates ramped to the elevation of the contiguous street, pavement, or other right-of-way, or otherwise protected in accordance with City standards.
C. 
All excavated material that is piled adjacent to any excavation shall be maintained in such a manner so as not to endanger those working in the excavation, pedestrians, or users of the right-of-way. When the confines of the area being excavated are too small to permit the piling of excavated material next to the excavation, the Director shall have the authority to require the right-of-way user to haul the excavated material to a storage site and then return the excavated material to the excavation at the time of backfilling. It is the responsibility of the right-of-way user to secure the necessary permission and make all arrangements for any required storage and disposal of excavated material.
D. 
At any time a right-of-way user disturbs the yard, residence or the real or personal property of a private property owner or the City, such right-of-way user shall insure, at the right-of-way user’s expense, that such property is returned, replaced and/or restored to a condition that is comparable to or better than the condition that existed prior to the commencement of the work, as determined by the private property owner or the City.
E. 
Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the Director prior to the blockage of the channel.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 29, 2022)
A. 
Restoration.
If work is undertaken in the right-of-way, the right-of-way user shall restore the right-of-way in the manner prescribed by the orders, regulations, and City standards.
B. 
Backfilling in a right-of-way excavated pursuant to a permit issued under the provisions of this chapter shall be compacted to a degree equivalent to that of the undisturbed ground in which the excavation was begun, unless the Director determines a greater degree of compaction is necessary to produce a satisfactory result. All backfilling shall be accomplished according to City standards and specifications. All backfills shall be inspected and approved by the Director prior to any overlaying or patching.
C. 
The right-of-way user shall restore the surface of any right-of-way to City standards, and replace any removed or damaged pavement with the same type and depth of pavement as that which is adjoining, including the gravel base material. All restoration shall be accomplished within the time limits set forth in the permit.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 30, 2022)
The City shall not issue any permit to excavate in any recently improved street as defined at TMC Chapter 11.04; provided, however, that the Director may grant a waiver for good cause. The Director is specifically authorized to grant a waiver for an excavation that facilitates deployment of new technology as directed pursuant to official City policy. The Director may place additional conditions on a permit subject to a waiver. The Director’s decision regarding a waiver shall be final.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 31, 2022)
A. 
At the time of submitting an application for a permit, the applicant shall notify all other entities known to be using or proposing to use the same right-of-way as the applicant’s proposed construction, and the proposed timing of such construction. Any such entity notified may, within seven days of such notification, request a reasonable delay in the commencement of such proposed construction for the purpose of coordinating other right-of-way construction with that proposed by the applicant.
B. 
The Director shall coordinate the approval of permits with City street improvements and maintenance and may defer or delay the commencement date for the applicant’s right-of-way construction, until such time as such official deems proper. In all cases, any work of the City, its contractors, or employees for municipal purposes shall have precedence over all work of every other kind.
C. 
Before commencing construction, the permittee shall provide notice to all adjoining properties that access onto the roadway work location, or are within 200 linear feet from the roadway work location. Notification shall be done no less than 3 days prior to the work commencing and shall be in the form of signage, door hangers, or door-to-door distribution of flyers. Notifications shall include contact information for the applicant or contractor doing the work.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 32, 2022)
A. 
Unless otherwise provided for in a current franchise, the Director may direct any right-of-way user owning or maintaining facilities in the right-of-way to alter, modify, or relocate such facilities or as may be required herein.
B. 
Within 30 days following written notice from the Director, the right-of-way user shall provide a schedule to the City indicating the estimated completion date for temporarily or permanently removing, relocating, changing, or altering (collectively the “relocation work”) the position of any facilities within the right-of-way whenever the Director shall have determined that such removal, relocation, change, or alteration is reasonably necessary for:
1. 
A public improvement; or
2. 
The construction, repair, maintenance, or installation of any improvement in or upon the right-of-way as required by development approval; or
3. 
The operations of the City or other governmental entity in or upon the right-of-way.
C. 
The right-of-way user owning or maintaining the facilities shall, at their own cost and expense, promptly protect or promptly alter or relocate such facilities, or part thereof, within 90 days following the original notice by the Director, unless a different duration is specifically authorized by the Director.
D. 
In the event that the right-of-way user refuses or neglects to conform to the directive of the City, the City shall have the right to break through, remove, alter or relocate such part of the facilities without liability to the right-of-way user. The right-of-way user shall pay to the City all costs incurred by the City in connection with such work performed by the City, including, but not limited to, design, engineering, construction, materials, insurance, court costs, and attorney fees. Upon the right-of-way user’s failure to accomplish such work or reimburse the City of such costs, and after 3 working days’ notice, all other permits held by the right-of-way user may be suspended, except in only an emergency, until such time as the work required under this section is completed or the City has been reimbursed for work performed.
E. 
The City may, at any time, in case of fire, disaster or other emergency as determined by the City, cut or move any parts of the system and appurtenances on, over or under the right-of-way, in which event the City shall not be liable therefore to the right-of-way user.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 33, 2022)
A. 
Any right-of-way user that intends to discontinue use of any facilities within the rights-of-way shall notify the Director, in writing, of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, a date of discontinuance of use (the date shall not be less than 30 days from the date such notice is submitted), and the method of removal and restoration of the rights-of-way. The right-of-way user may not remove, destroy, or permanently disable any such facilities during said 30-day period without written approval of the Director. After 60 days from the date of such written approval from the Director, the right-of-way user shall remove and dispose of such facilities as set forth in the notice unless additional time is requested from and approved by the Director. The Director may place conditions upon the removal and restoration in order to protect public health and safety and the rights-of-way.
B. 
At the discretion of the City, and upon written notice from the Director within 30 days of the notice of abandonment, the right-of-way user may abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the City. The consideration for the conveyance is the City’s permission to abandon the facilities in place. The right-of-way user is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until conveyance to the City is completed. Conveyance of the abandoned facilities shall also automatically include all record information, including GIS data as available, or as agreed upon with the Director.
(Ord. 1995 § 1 (part), 2002; Ord. 2682 § 34, 2022)
Upon request by the City, a right-of-way user shall, within 10 business days, submit to the City, at no cost to the City, the right-of-way user’s most current and accurate record drawings in use by the right-of-way user showing the location specified by the City in its request before final permit approval. Record drawings shall show all facilities including but not limited to power poles, guy poles and anchors, overhead transformers, pad-mounted transformers, submersible transformers, conduit, substation (with its name) pedestals, pad-mounted J boxes, vaults, switch cabinets, and meter boxes.
(Ord. 2682 § 35, 2022)
A. 
If an applicant submits a permit application to excavate for installation of its facilities, the City may request in writing that such applicant provide an opportunity to install City facilities within the excavation; provided, that:
1. 
Such joint use shall not unreasonably delay the work of the applicant’s excavation; and
2. 
Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties.
B. 
To the extent reasonably possible, the applicant shall, at the direction of the City, cooperate with the City and provide other private utility companies with the opportunity to utilize joint or shared excavations in order to minimize disruption and damage to the right-of-way as well as to minimize traffic-related impacts.
(Ord. 2682 § 36, 2022)
Any right-of-way user shall upon written request of the City, provide the City with additional duct or conduit space over and above the conduit or conduits planned to be constructed for the right-of-way user. Such additional ducts or conduits shall be of a size and configuration specified by the City and shall be dedicated to the City. The City shall have the right to use the ducts and conduits for any purpose including, but not limited to, leasing them to other entities. Except as otherwise applicable under RCW 35.99.070, the incremental costs of adding the specified ducts and conduits for the City shall be borne by the City.
(Ord. 2682 § 37, 2022)
A. 
Subject to and in accordance with any applicable rates and tariffs on file with the Washington Utilities and Transportation Commission (WUTC) (or such other regulatory agency having jurisdiction), the right-of-way user shall cooperate with the City in promoting a policy of undergrounding facilities within the right-of-way.
B. 
If the City directs the right-of-way user to underground its facilities, such undergrounding shall be arranged and accomplished subject to and in accordance with applicable rates and tariffs on file with the WUTC (or such other regulatory agency having jurisdiction).
C. 
In the event that the City undertakes any public improvement that would otherwise require, at the discretion of the Director, the relocation of the right-of-way user’s aboveground facilities, the Director may, by written notice to the right-of-way user, direct that any such facilities be converted to underground facilities. Any such conversion shall be done subject to and in accordance with applicable schedules and tariffs on file with the WUTC (or such other regulatory agency having jurisdiction).
D. 
All new facilities installed within the City during the term of any permit or franchise shall be located underground to the extent technologically feasible as determined at the discretion of the Director.
(Ord. 2682 § 38, 2022)
Right-of-way users shall not introduce or use any hazardous substances (chemical or waste) in violation of any applicable law or regulation, and the right-of-way user shall not allow any of its agents, contractors, or any person under its control to do the same.
(Ord. 2682 § 39, 2022)
Prior to doing any work in the rights-of-way, right-of-way users shall follow established procedures, including contacting the Utility Notification Center in Washington and complying with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request by the City or a third party, the right-of-way user shall promptly locate its facilities in order for them to be surveyed or as required by Chapter 19.122 RCW. The right-of-way user shall provide enough detail to verify the vertical (depth) and horizontal location of its facilities. The City shall not be liable for any damages to the right-of-way user’s facilities or for interruptions in service to right-of-way user’s customers that are a direct result of the right-of-way user’s failure to locate its facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit.
(Ord. 2682 § 40, 2022)
Right-of-way users shall, upon 7 days’ notice, disconnect or move their facilities to allow for the moving of building(s) and/or equipment across or along any such street, alley or other public place; provided, that the advance notice may be reduced to 24 hours if the facilities are below the minimum clearance set by law or regulation or in the case of an emergency. The cost of the right-of-way user moving their facilities shall be borne as follows: (i) by the right-of-way user if the facilities are below the minimum vertical clearance required by State statutes, City ordinance, or rules of the Director; above the surface of the right-of-way, and no adjustment would be necessary if the minimum clearance had been maintained; and (ii) by the person desiring to move the building(s) and/or equipment under other circumstances.
(Ord. 2682 § 41, 2022)
Any right-of-way user required by State statute or regulation to trim or remove trees that may interfere with their facilities shall first obtain a permit and ensure that the work is accomplished in accordance with TMC Chapter 11.20, “Right-of-Way Vegetation,” and TMC Section 18.52.100, “Maintenance and Pruning,” as applicable.
(Ord. 2682 § 42, 2022)