2001-009 Ordinance - Laserfiche WebLink

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CHAPTER 930: Use of Public Rights of Way provided that any Service Provider who constructed, reconstructed, installed, operated, located or maintained or began constructing, reconstructing, installing, operating, locating or maintaining the System or Facility, or began any Excavation of a Public Way, prior to the effective date of this Ordinance shall have ninety (90) days from the effective date of this Ordinance to apply for the appropriate permit. (q) Emergency Removal or Relocation of Facilities: The City retains the right and privilege to cut or move any Facilities, or stop work on any construction, reconstruction, installation, operation or Excavation, located within the Public Ways of the City, as the City may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare. (r) Damage to Permit Holder's Facilities: Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any Facility within the Public Ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the Public Ways by or on behalf of the City. (s) Restoration of Public Ways, Other Ways and City Property: (1) When a Permit Holder, or any Person acting on its behalf, does any work in or affecting any Public Ways, Other Ways or City Property, it shall, after the work is completed and at its own expense, promptly remove any obstructions therefrom and restore such ways or property within ten (10) to thirty (30) days, at the Service Director's discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. (2) If weather or other conditions do not permit the complete restoration required by this Section, the Permit Holder shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Permit Holder's sole expense and the Permit Holder shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (3) A Permit Holder or other Person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable State and local requirements for the safety of all members of the general public and to prevent injury or damage to any Person, vehicle or property by reason of such work in or affecting such Public Ways or property. (t) Facilities Maps: Each Permit Holder shall provide the City with an accurate map or maps in a format specified by the City Engineer and certifying the location of all Facilities within the Public Ways. Each Permit Holder shall provide updated maps and digital information annually at the time of registration. (u) Duty to Provide Information: Within ten (10) days of a written request from the Service Director each Permit Holder shall furnish the City with the following information: (1) Information sufficient to demonstrate that the Permit Holder has complied with all requirements of this Ordinance. EXHIBIT A