Sec. 29-124. - Energy, electric and gas standards.

Technical standards for energy, electric and gas are defined in the UECM.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-125. - Water and sewer regulations and standards.

Water and sanitary sewer providers shall work to provide a connection service point beyond the pavement to all commercial and residential tracts in their service area as streets are constructed either by connection or conduit, for existing development. Technical standards for water and sanitary sewer are defined in the UECM.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-126. - Storm sewer standards.

Technical standards for storm sewer are defined in the UECM.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-127. - Reserved.

Sec. 29-128. - Compliance with safety regulations.

The permittee and ROW user shall comply with all applicable federal, state and local safety regulations and requirements, including, by example and not limitation, the occupational safety and health standards for the construction industry.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-129. - Commencement and completion.

After obtaining the permit and prior to commencing the work, the permittee shall notify the director, and shall commence and complete all work within the time specified in the permit unless an extension of time is granted by the director.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-130. - Safe conduct of work.

Every permittee and ROW user shall prosecute its work diligently and in a good, safe, and workmanlike manner, and shall safeguard and protect the public using the street or right of way where the work is being performed from accidents or damage by placing barriers, lights and other sufficient safeguards around all cuts, openings, and excavations. All material, implements and tools stored upon the premises and used in connection with the excavation shall be stored in a safe and non-hazardous manner. All work must be performed only within the hours and days as set forth in the UECM and in accordance with the requirements of the permit. Work in residential areas may only occur during daylight hours. Certain commercial areas and hospital districts are subject to noise controls and other limitations. Details are available in the UECM and from the department.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-131. - Emergency excavations.

Nothing in this article shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, or right-of-way by virtue of any law, ordinance or permit, from making such excavation as may be necessary for compliance with law or for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within twenty-four (24) hours. Except as specifically provided otherwise in this article, excavations authorized by this section shall be subject to all fees and requirements of this article.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-132. - Traffic control safety.

In the event of non-compliance with the TMUTCD, the ROW user shall be notified in writing of the violation. In the event of continued non-compliance, the director may revoke the permit, in addition to any other remedies available to the city.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-133. - Excavation in streets in good condition.

The permittee shall complete pavement restoration of the excavated area within thirty (30) days on major arterial, minor arterial and collector streets and within thirty (30) days on residential and alley streets after final backfill is completed and accepted by the director. The permittee shall conduct the work with a minimum disturbance to existing utilities and shall coordinate all work in or near the existing utilities with the utility owners.

(1)

Excavation in new streets. There shall be no excavation in new streets without the prior approval of the director. Any request for a permit to excavate a new street shall include a description of the proposed work and proposed restoration of the area, as well as a statement as to why alternate procedures cannot or should not be used in lieu of excavating a new street.

(2)

Excavation in arterial streets in good condition.

a.

A permit holder shall perform jacking and boring operations in a manner that does not weaken or impair the right of way upon completion of restoration of the excavation.

b.

Excavation in all streets in good condition regardless of age should not occur without prior approval of the director. Streets assigned a PCI of eighty-six (86) or above by the pavement management system are deemed to be in good condition and are subject to the review procedures of excavation of new streets.

c.

Restoration of the excavated area of streets in good condition shall be in accordance with this article.

(3)

Excavation in Portland Cement Concrete (PCC) pavement surface. If the existing pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than six (6) inches of PCC shall be broken back beneath the saw cut. Further criteria is set forth in the UECM. The guidelines for jacking and boring are set forth in the UECM.

(4)

Responsibility of excavated area maintenance. A permittee or ROW user shall maintain their repairs in the right-of-way for the life of the street as defined in this article.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-134. - Lawful use of right-of-way.

(a)

The use of the right-of-way in any manner which violates federal, state, or local laws, or city codes and regulations, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, is prohibited. All permittees shall provide satisfactory evidence of compliance with the foregoing upon request of the city.

(b)

Permittee shall dispose of all material removed from the right-of-way and any waste created by permittee in compliance with all state, federal and local laws and requirements.

(c)

If a permittee discovers any contaminated, regulated, or hazardous materials in the right-of-way, permittee shall be responsible for environmental assessment, excavation, testing, transportation, and disposal of any such contaminated or regulated material in accordance with applicable law, or the permittee may elect to abandon the contaminated area of the right of way and reroute around the contaminated area. The permittee shall promptly notify the city in writing of the condition.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-135. - Tree trimming and graffiti abatement.

Permission is granted to a ROW user, subject to the requirements of the city's tree ordinance, which may be amended from time to time, to trim trees upon and overhanging the public right-of-way, so as to prevent the branches of such trees from coming in contact with a ROW user's facilities. When so directed by the city, the tree trimming shall be done under the supervision and direction of the city. The city shall report damage or vandalism to the ROW user's facilities as soon as practicable after city discovers or learns of such event. The ROW user shall make the necessary repairs or restoration, including cleaning of graffiti, within forty-eight (48) hours after the ROW user discovers or learns of any misuse, destruction, damage, or vandalism to its facilities.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-136. - Conformance with major thoroughfare plan.

A ROW user shall consult the city's Major Thoroughfare Plan ("MTP") prior to the acquisition of any interest in real property in the city for the installation or relocation of service lines or other equipment or facilities along or adjacent to any street, right-of-way, thoroughfare, highway, or any proposed street, right-of-way, highway or thoroughfare to attempt to minimize any future conflict regarding the location of such facilities. All ROW users are charged at all times with constructive notice of the MTP subsequent to the effective date of the ordinance from which this article derives. The city shall have no liability for the value of or loss by a ROW user of any improvements constructed in the area shown in the MTP subsequent to the effective date of the ordinance from which this article derives.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-137. - Rights in the event of abandonment.

In the event the city closes, vacates, abandons or conveys any right-of-way containing facilities of the ROW user, any such closure, vacation, abandonment or conveyance of land shall be subject to the rights of the ROW user.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-138. - Supervision by city of location of poles and conduits.

All poles in the rights-of-way shall be of sound material and straight, and shall not interfere with the flow of water in any gutter or drain, and shall be placed so as not to unduly interfere with either vehicular nor pedestrian travel. The location and route of all conduits, fiber, cables, and utilities, and facilities placed and constructed by a ROW user in the construction and maintenance of its system in the city shall be subject to the reasonable and proper control, direction and approval of the city. Any "non-standard" placement of poles, stubs, guys and anchors is subject to all provisions of this chapter. Any "standard" placement of poles, stubs, guys, and anchors is exempt from this chapter. "Standard" is defined by the provisions of the UECM.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-139. - Attachments to poles.

(a)

Nothing shall obligate or restrict a ROW user from exercising its rights to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies authorized to operate within the city.

(b)

A ROW user shall utilize existing poles, conduits, and other facilities whenever reasonably and/or economically possible. Prior to the utilization of any right-of-way for the placement of any of its facilities, the ROW user shall make available to the director any utility pole usage agreement with each utility within the city currently owning poles, conduits, and other facilities, whose poles, conduits and facilities are to be used.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-140. - Temporary rearrangement of aerial wires.

The ROW user shall rearrange its transmission media temporarily as necessary to permit the moving of houses or other bulky structures. The requesting parties shall pay the reasonable and necessary expense of such temporary rearrangements. The ROW user may require payment in advance. The ROW user shall be given not less than five (5) days advance notice to arrange for such temporary rearrangements. The ROW user shall remove its transmission media in connection with the demolition of unsafe structures, including emergency or ordered demolitions at no cost to the city. The ROW user may invoice third parties for the cost of this work where applicable.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-141. - Utility excavation criteria manual adopted.

The director is authorized to develop the Utility Excavation Criteria Manual (UECM), First Edition, which shall be approved and adopted as the City of San Antonio, departments of public works' official technical and policy manual no later than the effective date of the ordinance from which this article derives. Three (3) copies of the UECM shall be placed on file and available for inspection in the offices of the city clerk.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-142. - Backfill of excavated area.

(a)

Open trenches may be temporarily backfilled for the convenience of the permittee or the public safety. At least one (1) hour prior to beginning permanent backfill operations, the permittee shall notify the director of the time the backfill will begin.

(b)

All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times, where excess water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded. The new roadway base material shall be a minimum depth of six (6) inches asphalt treated base or other approved roadway base material, as detailed in the UECM.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-143. - Restoration of pavement.

Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley right-of-way or other public place shall be performed by the permittee or by the city, upon request by the permittee. Nothing in this section shall relieve the ROW user from the responsibility to maintain the excavation or installation in a safe condition until it is repaved by city or otherwise restored. In addition to all other applicable fees or charges, if the ROW user or permittee making the excavation requests repaving by the city, the ROW user shall pay for repaving at a rate to be established by the city.

(1)

No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than four hundred (400) feet in advance of the pipe, conduit or ducts being placed in the trench, other than with the prior written consent of the director.

(2)

All excavations shall comply with the standards and requirements established from time to time by the director for compaction, backfill and pavement restoration.

(3)

Any excavated pavement, debris and other rubble shall be removed, together with any surplus material, within one (1) working day from the time such material is placed upon the street. After backfilling is completed, and prior to repaving the cut, the ROW user shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director.

(4)

Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away, trench backfilled and pavement restored in accordance with the UECM. In no case shall any side or lateral tamping fill any void under a pavement.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-144. - Excavation specifications.

All excavations shall be made in accordance with plans submitted with the permit application and in accordance with specifications set forth in the UECM. All plans shall be prepared in accordance with all city specifications and the UECM. All excavations shall be repaired in such a way so as not to become depressed, cracked, broken, or in any way fail during the remaining "life of the street." The remaining "life of the street" for this purpose shall be until the PCI index drops to below fifty (50) or until the subject area is repaved by the city or other entity. Additional specifications may be contained in the UECM.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-145. - Cleanup of right-of-way.

In every case and at all times, the work of removing from the right-of-way all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the ROW user. Streets shall be cleaned by use of a regenerative air or vacuum street sweeper. The ROW user shall clean the surrounding area, as outlined above, within one (1) day upon completion and approval of all trench work and pavement restoration unless the director, sufficient reason therefor having been given to his satisfaction, grants an extension of time.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-146. - Substandard repair of pavement or right-of-way.

In case the pavement or the surface of the street, alley, or right-of-way in, over or near any excavation should become depressed, cracked, or broken any time or fails in any way at any time after the excavation has been made and during the remaining life of the street, the ROW user shall comply with any applicable obligations of this article, including, without limitation, reimbursement to city of the cost to restore the street or right-of-way and payment of the pavement degradation recovery fee as set forth in this chapter.

(Ord. No. 93319, s; 1, 1-25-01)

Sec. 29-147. - Failure to complete work within specified time.

In the event any work governed by this chapter is not completed by the ROW user within the time required or in accordance within the specifications required herein or by the director, the director may cause such work to be performed as is necessary to secure the work area to a safe and passable condition. The ROW user shall reimburse the city for the costs of securing the site.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-148. - Permanent pavement repairs.

All permanent pavement repairs shall be made under one (1) of the two (2) following methods:

(1)

Permanent pavement repairs by city. If the city is to make the permanent pavement repairs, the ROW user shall maintain the excavated area for a period of two (2) weeks after acceptance by the director. After the two-week period, the city will be responsible for maintaining the excavated area until final restoration is made. Backfill failures shall remain the responsibility of the ROW user. The ROW user shall reimburse the city for all costs of any backfill failure before and/or after permanent pavement repair.

(2)

Permanent pavement repairs by ROW user. If the ROW user is authorized to make permanent pavement repairs, the ROW user will maintain the excavated area until permanent pavement restoration of the excavated area is complete. The ROW user shall make final repairs within thirty (30) days on arterial and collector streets and within thirty (30) days on residential, local and alley streets after the director makes final inspection. Backfill failures shall remain the responsibility of the ROW user.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-149. - Responsibility for signs, barricades and warning devices.

The ROW user working in any right-of-way is responsible for the safe movement of traffic, both pedestrian and vehicular, through the construction area. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD.

(1)

Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, may place and maintain the traffic control devices in a construction area.

(2)

The ROW user must either subcontract the barricading to a firm specializing in traffic control, or submit the qualifications and name(s) of employees to the director for approval prior to the work commencing. They must also submit a traffic control plan for review. All signs and barricades must conform to the requirements of the TMUTCD.

(3)

All barricades, plates, and other traffic control equipment must conform to TMUTCD specifications and must be inspected and approved by the director if not provided by a traffic control firm.

(4)

All barricades, plates, and other traffic control equipment must display accurate and sufficient information including the name of the ROW user.

(5)

Non-compliance with the TMUTCD shall be cited in writing. In the event of non-compliance after citation, the director may place the necessary devices as required and the ROW user shall pay the charges therefor. The ROW user shall reimburse the city for all such expenses as well as five hundred dollars ($500.00) for non-compliance. Failure to comply with this provision may result in denial of application for future permits.

(6)

All traffic control devices must be removed immediately upon completion of work.

Prior to commencement of any excavation, or any work relative to a permit, the ROW user shall install at the work site informational sign in conformance with the Requirements of the UECM.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-150. - Duty to barricade.

At all times during construction activity, the contractor and/or ROW user, as applicable, shall place and maintain all necessary and proper barriers and other safeguards, including watchmen certified in accordance with the safety training described in this article, if necessary, upon and around the work for the prevention of accidents, and after daylight hours, shall place, maintain and keep suitable sufficient lights, in accordance with the TMUTCD.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-151. - Inspection.

The permittee shall make the work-site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-152. - Materials testing.

The department may require testing of materials used in construction in or near the right-of-way to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, aggregate base course, Portland concrete (rigid pavement), asphaltic concrete (flexible pavement) and other construction materials as deemed necessary by the department.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-153. - Duties of persons making excavations or creating obstructions.

Any person who shall cause to be made any excavation or obstruction in any street or right-of-way may not suffer the same to remain there beyond a time reasonably sufficient for the completion of the work and/or removal of the obstruction, and shall repair the subject portion of such street, or right-of-way so as to restore the same to its condition previous to the making of such cut or obstruction. It shall be the duty of such excavators to protect the area while such condition exists and promptly to repair the same so as to leave the street or right-of-way in as good condition as before the excavation.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-154. - Cease work.

At any time, the director may order the immediate cessation of any work which poses a threat to the health, safety or well being of the public. The director may revoke the permit of any permittee in any instance where there is a threat to the health, safety or well being of the public.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-155. - Requirements.

The director may issue a written notice to the permittee indicating work that does not conform to the terms of the permit, applicable standards, conditions, or codes, or other applicable regulation. Within ten (10) days after issuance of written notice, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-156. - Reporting.

When the work under any permit hereunder is completed, the permittee shall furnish the director a completion certificate.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-157. - Revocation of permit.

The city reserves its right, as provided herein, to revoke any permits, without refund of the permit fee, in the event of a breach by the permittee of the terms and/or conditions of the permit or of this chapter or any city ordinance. A breach of the terms of the permit shall include, but not be limited to the following:

(1)

The violation of any provision of the permit;

(2)

An evasion or attempt to evade any provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;

(3)

Any material misrepresentation of any fact in the permit application;

(4)

The failure to meet insurance, surety bond, or indemnification requirements;

(5)

The failure to complete the work in a timely manner;

(6)

The failure to correct a condition indicated on an order issued pursuant to this article;

(7)

Repeated traffic control violations;

(8)

Failure to repair facilities damaged in the right-of-way; or

(9)

Violation of any part of this article.

If the director determines that the permittee has committed a breach of any law or condition of the right-of-way permit, the director shall make a written demand upon the permittee to remedy such violation. Continued violation may be cause for revocation of the permit, or legal action, or both. The director may revoke the permit, provide specifications to cure the breach, or both. Within five (5) calendar days of receiving notification of the breach, permittee shall contact the director with a plan, acceptable to the director, for correction of the breach. Permittee's failure to do so or permittee's failure to timely implement the approved plan shall be cause for revocation of the permit.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-158. - Work done without a permit.

No cut, excavation, grading or disturbing of the right-of-way in any way shall be made other than excavations necessary for emergency work without first securing a permit. No person or ROW user shall at any time open or encumber more of the right of way than shall be reasonably necessary to complete a project in the most expeditious manner.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-159. - Right-of-way restoration requirements.

(a)

The work to be done pursuant to the permit and any repair and subsequent restoration of the right-of-way must be completed within the dates specified in the permit. In the event of circumstances beyond the control of the permittee or when work is prohibited by unseasonable or unreasonable conditions, the director may extend the dates on receipt of a substantiated supplementary application for a permit extension.

(b)

All earth, materials, sidewalks, paving, crossing, or improvements of any kind which are owned or possessed by city and damaged, disturbed, or removed by a ROW user shall be fully repaired promptly by the ROW user at its sole expense, to the reasonable satisfaction of the director.

(c)

After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was prior to the excavation. The restoration shall be made in accordance with specifications set forth in the UECM and the repair shall endure without failure for the remaining life of the street, as such period is described in this article.

(d)

In the event the ROW user fails to restore the right-of-way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the city may, at its option, serve written notice upon the ROW user that, unless within five (5) days after serving of such notice a satisfactory arrangement can be made for the proper restoration of the right-of-way by the ROW user, the city may take over the work and prosecute same to completion, by contract or otherwise, at the expense of the ROW user, and the ROW user and its surety shall be liable to the city for any and all cost incurred by the city by reason of such prosecution and completion, including, without limitation, the applicable public inconvenience penalty. Nothing contained herein shall limit any other remedies available to the city.

(e)

If any excavation cannot be back-filled immediately, the ROW user shall securely and adequately cover the excavation and maintain proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel.

(f)

In all right-of-way restoration, the ROW user guarantees its work and shall maintain it for the remaining life of the street following completion of the restoration. During the period following completion, the ROW user shall, in the event of any failure of the restoration, upon notification from the director, reimburse city for pavement restoration costs and the pavement degradation recovery fee as provided for in this article. Additionally, the ROW user in the event of such failure, shall within forty-eight (48) hours of notice from city, repair the subject trench envelope.

(g)

The "life of the street" guarantee period shall be applicable to failure of the pavement surface as well as failure of the trench envelope. Notwithstanding remediation of the pavement structure by city, the ROW user retains repair responsibility at all times during the guaranty period for the trench envelope.

(h)

Excavations in streets and/or right-of-way with PCI values of eighty-six (86) or greater shall be deemed one hundred (100) percent loss of pavement life. These excavations require i) Block to block and curb to curb pavement reconstruction, ii) Use of a hot mix asphalt repaving process, or iii) Such other method of repair as the director approves, for all cuts. Specifications are available in the UECM.

(i)

A right-of-way user whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director, pay to the city, on its order, the amount of the certified bill as reimbursement for such work.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-160. - Excavations not in accordance with permit declared unlawful.

(a)

It shall be unlawful for any person to make, cause or allow to be made, any excavation, or to install, cause or allow to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any street, alley, sidewalk, right-of-way or other public place, at any location, other than that described in the application for the permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account.

(b)

Failure to comply with requirements set forth in the chapter or on any permit shall be cause for revocation of the subject permit and of any other permits held by the same permittee until the violations have been corrected or the director has approved alternative requirements.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-161. - Removal and reconstruction where work defective.

All construction work in the streets, right-of-way, sidewalks and public places of the city is declared to be subject to the exclusive control of the city, and whenever, in the opinion of the director, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or materials or because not true to the lines or grades or specifications therefor given to him by the director, then upon written demand or notice from the director, such ROW user or contractor shall promptly remedy, complete or remove and reconstruct such incomplete or defective work all as the director may require, and these provisions shall also apply to all repair and maintenance work. If the contractor or ROW user shall fail or refuse to do so within a reasonable time to be specified by the director, then, if the director shall so order, such work shall be completed or corrected or removed and wholly or partially reconstructed by the city, in such manner as in the opinion of the director may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the direction of the director.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-162. - Location and relocation of facilities.

Subject to applicable federal, state, and local law, the ROW user shall, upon the request of the city, locate and/or relocate its facilities situated within any right-of-way, at no expense to the city, where reasonable and necessary to accommodate street construction, widening, or public improvement projects of the city. When relocation is necessitated by federal government requirements, and includes reimbursements, the city will reimburse applicant for its proportionate share from funds provided the city in such reimbursements.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-163. - Pre-excavation facilities location.

The ROW user shall contact the One Call Center, so long as that center is in existence and utilized by the city, or such other center at the time utilized by city, at least forty-eight (48) hours prior to excavation. The ROW user shall protect and support all utility facilities during construction.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-164. - Relocation facilities for city.

In the event the city finds it necessary to move a ROW user's equipment to protect it, city shall notify the local representative of the ROW user. ROW user shall promptly move or facilitate the relocation of the subject facilities at ROW user's expense.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-165. - Right-of-way vacation and reservation of right.

In the event of vacation of a right-of-way requiring the relocation of facilities, the ROW user being relocated shall pay the costs of the relocation where the ROW user does not own an easement or other real property interest.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-166. - Abandoned facilities.

A ROW user owning abandoned facilities in the right-of-way shall:

(1)

Remove its facilities and repair, at its expense, any damage caused by the removal. The director may allow some or all facilities to remain if the director determines same is in the best interest of the public to do so; or

(2)

Provide information satisfactory to the city that the ROW user's obligations for its facilities in the right-of-way have been lawfully assumed by another authorized ROW user.

The facilities of a ROW user who fails to comply with this section, and those facilities which remain unused for two (2) years, shall be deemed to be abandoned unless, within the aforesaid two-year period, the city receives written confirmation and reasonable evidence that the ROW user intends to use the facilities. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, taking possession of the abandoned facilities or requiring the removal of the facilities by the ROW user.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-167. - Routing and spatial assignment.

The city reserves the right, in the permit or otherwise, to restrict or determine the route (pathway) and/or spatial location, whether horizontal, vertical or depth, of any facility and/or structure or improvement in the right-of-way.

(Ord. No. 93319, § 1, 1-25-01)