§ 64-116. Use of right-of-way.

(a)

The use of the right-of-way shall in all matters be subordinate to the city's use or occupation of the right-of-way. Without limitation of its rights, the city expressly reserves the right to exercise its governmental powers now and hereafter vested in or granted to the city.

(b)

All facilities shall be located and installed that will not disrupt or interfere with other facilities locate din the right-of-way.

(c)

ROW-user shall avoid, so far as may be practicable, disrupting or interfering with the lawful use of the right-of-way.

(d)

ROW-user shall not commence any work activities in the right-of-way until after the director has reviewed and approved the location, design, and nature of the ROW-user's use of the right-of-way.

(e)

A permit to allow the use of the ROW does not allow for any use, disruption, parking, storage of material, or damage on or to any private property.

(f)

Any ROW-user shall adhere to the following standards for use of the right-of-way:

(1)

Before beginning any work in the ROW, all ROW-users shall first provide not less than 24 hours notice to persons residing on property adjacent to the right-of-way site of the excavation in accordance with the policy and procedures established by the director. This notification must include a description of the work, the name, address, telephone number, fax number and electronic mail if available of the owner of the facility and the contractor performing the work.

(2)

If the ROW user damages or interferes with facilities of other parties or services to other parties, the ROW-user shall repair or cause to be repaired those facilities on an emergency basis and shall not discontinue repair work until all damages are completed and all services are restored.

(3)

A ROW-user must respond within 30 days in writing to any person making a claim against that ROW-user arising out the use of the right-of-way. The response shall include the acceptance or rejection of the claim and the name and address of a representative of the ROW-user. The ROW-user shall furnish a copy of the claim and ROW-user's response to the director.

(4)

The installation of a new facility and the relocation of an existing facility in the right-of-way shall maintain a minimum horizontal separation of two feet and a minimum vertical separation when crossing all other facilities of one foot.

(5)

If directional boring methods are used in the installation of facility in the right-of-way, then a minimum horizontal separation of three feet and a minimum vertical separation of three feet from other facilities in the right-of-way shall be maintained unless the director approves a variance and the ROW-user field locates all potential facility conflicts by exposing the other facilities.

(6)

Any ROW-user whose facilities are currently in a position at a variance with the minimum separation requirements above shall, no later than at the time of next reconstruction or excavation of the area by the facility owner where its facilities are located, move the facilities to provide the required separation, unless this requirement is waived for good cause by the director who shall consider the remaining economic life of the facilities, public safety, user service needs, and hardship to the ROW-user, provided that the separation requirements herein shall not apply for routine or emergency repairs.

(Ord. No. 001685, § 1, 2-20-01)