§ 29-120. Excavation to be under supervision of the director.

(a)

Any ROW user engaged in making or backfilling any excavation in any right-of-way shall at all times while such work is in progress keep at the job location the permit, or a copy thereof, and shall, on demand, exhibit the permit to the director, right-of-way manager or designee, or any police officer. At all times while the work is in progress the ROW user shall also maintain at the job location, a barricade, approved traffic control plan if applicable, and signs bearing the contractor's name, the name of the utility that is having facilities installed, maintained, repaired, replaced, and/or removed under, on, or above the ROW, contact information for both the contractor and utility, and a brief description of the permitted work. Employees and contractors of the ROW user engaged in carrying out the permitted work shall also have on their person a conspicuous identifier of the utility for whom permitted work is being performed.

(b)

The ROW user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, or other property at, near or encountered in his work. The ROW user shall determine the boundary of the right-of-way.

(c)

All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of rights-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the city under the policy and regulatory powers of the city necessary to provide for public convenience. The ROW user shall reasonably protect from damage, utility facilities, sewer facilities, water facilities, lawns, shrubbery, trees, fences, structures, or other property encountered in his work. The ROW user shall not trespass upon private property. The ROW users shall determine the boundary between public right-of-way and private property.

(d)

All transmission and distribution structures, lines, equipment and facilities erected by a ROW user within the city shall be so located as to cause minimum interference with the proper use of the public rights-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets.

(e)

The city reserves the right to lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes and channels and streets and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the city, in, across, along, over or under any right-of-way or public place occupied by a ROW user and to change any curb or sidewalk or the grade of any street and to maintain all of the city's facilities. In allowing such work to be performed by others, the city shall not be liable to a ROW user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a ROW user by such third party.

(f)

If the city requires a ROW user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the city, to use, or to use with greater convenience, any right-of-way or public place, the ROW user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a ROW user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a ROW user's facilities; provided, however, that the city shall never be liable for such reimbursement.

(Ord. No. 93319, § 1, 1-25-01; Ord. No. 2016-11-10-0894 , § 3, 11-10-16)