Anderson 

Chapter 10.04

PUBLIC UTILITY SYSTEMS

Sections:

10.04.010        Definitions.

10.04.020        Permits--Use of public ways, lands, roads and rights-of-way.

10.04.030        Permits--Application.

10.04.040        Permits--Prerequisites.

10.04.050        Permits--Indemnification clause.

10.04.060        Permits--Duration.

10.04.070        Assignment or transfer of utility permit.

10.04.080        Multiple facilities.

10.04.090        Repermitting.

10.04.100        Appeal.

10.04 110        Suspension or revocation of permit.

10.04.120        Additional terms and conditions.

10.04.130        Inspection.

10.04.140        Legal superiority of chapter.

10.04.150        Location guidelines and restrictions.

10.04.160        Construction standards.

10.04 170        Joint use.

10.04.180        As-built drawings.

10.04.190        Relocation expense.

10.04.200        Closure and restriction.

10.04.210        Prior rights.

10.04.220        Bond.

10.04.010 Definitions. As used in this chapter, the following definitions will apply:

A. "Public way" means any street, park, road, or other city land or public right-of-way over which the city exer­cises jurisdiction.

B. "Utilities" means railroads and all publicly, pri­vately, or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, telecommunications, power, steam, electricity, light, heat, gas, oil, crude products, water, waste, storm water not connected with highway drainage, and other similar publicly owned fire and police signal systems, and street lighting systems. (Ord. 104 §13, 1983)

10.04.020 Permits--Use of public ways, lands, roads and rights-of-way. Persons, political subdivisions, corpo­rations or cooperatives wishing to construct, place or maintain utilities under, on, in, or over any public ways, lands, roads, and rights-of-way, hereinafter called "public ways," must first obtain a utility permit from the city. A utility permit is also necessary to improve, add to, relo­cate, or change the operating conditions of existing facil­ities. A single utility permit shall authorize only such activities as are reasonably required for the construction and routine maintenance of a separate facility upon or with­in the public ways, subject to the terms, conditions and exceptions of Alaska Statutes 42.05.251, "Use of Streets in Cities and Boroughs," and subject to the provisions stated in this chapter. (Ord. 104 §4 (A), 1983)

10.04.030 Permits--Application. Application for a permit to use a public way by a utility or other entity shall be submitted in writing to the city clerk. The appli­cation must be accompanied by plans, specifications, de­scriptions of work, methods to be employed, times, dates, and other pertinent data to provide the city with all infor­mation necessary to evaluate the engineering design, lo­cation, and other aspects of the proposed installation. The plans shall also show the location of all existing utility facilities in the immediate vicinity of the applicant's proposed facility. In the case of conflict with any exist­ing facility, the applicant must obtain a letter of non-ob­jection from the owner of the existing facility and submit it with the permit application. The city clerk shall submit the application to the utility committee consisting of the deputy mayor, the chairperson of the public works committee, and the city engineer. The committee shall approve or deny the application. In addition to the above information, the application must contain the following data:

A. The name and the location of the public way for which the permit is sought;

B. The type of utility use intended;

C. The nature of any utility use to be installed under the permit;

D. The overall dimensions of the facility, and lo­cation of any construction or installation. (Ord. 104 §4(B), 1983)

10.04.040 Permits--Prerequisites. An individual, company, corporation, association, or any other entity must have articles of incorporation, obtained through the corporation section of the Alaska Department of Commerce and Economic Development, or be otherwise duly authorized to exist as an entity in the state prior to receiving a utility permit or any interim permit. (Ord. 104 § (H) (7), 1983)

10.04.050 Permits--Indemnification clause. Each utility permit will contain the following language:

The said permittee agrees to forever indemnify the City, including its agents and contractors, against and save harmless for all liability for damage to property, or injury to or death of a person, including all costs and expenses incident thereto, arising wholly or in part from, or in connection with, the existence of con­struction, alteration, maintenance, repair, renewal, reconstruction, or expansion operations, use or removal of the said utility facility as it pertains to the City or its Public Way. (Ord. 104 §12, 1983)

10.04.060 Permits--Duration. The utility permit is valid for as long as the facility exists subject to re-permitting every twenty years, and a general review every five years for the purpose of exchanging information, assessing needs, projecting changes, and like matters. A new or modified utility permit must be obtained prior to any alteration of the facility. (Ord. 104 §4 (D), 1983)

10.04.070 Assignment or transfer of utility permit.

A. The permittee shall not assign or transfer any of the rights of a utility permit to another individual or entity without first notifying and securing the approval of the city.

B. The permittee shall not allow another utility to share its utility facility unless the other utility has first obtained an approved utility permit from the city.

C. Where a permittee sells, combines, merges, or oth­erwise changes identity, it is the responsibility of the new owners to inform the city in writing within ten days of the new circumstances, and to furnish names and addresses of responsible officials so that an amended utility permit may be issued. (Ord. 104 §4 (C), 1983)

10.04.080 Multiple facilities. The city reserves the right to deny issuance of a utility permit for the placement of an additional facility of the same type on the opposite side of the public way from an existing facility. (Ord. 104 §7, 1983)

10.04.090 Repermitting. At such time as a utility facility is out of compliance with any of the rules and/or regulations of its permit, or this chapter and the require­ments contained in this code, or other applicable standards, the utility will be subject to repermitting at such time as the noncompliance is noted or on the next twentieth anniver­sary. (Ord. 104 §4 (E), 1983)

10.04.100 Appeal. A. Denial of a permit by the util­ity committee may be appealed by the applicant within fif­teen working days of the written notice of denial. The ap­peal shall be made by written notice to the city council and shall be filed with the city clerk within the time allowed for the appeal. The city clerk shall schedule a hearing before the city council at the next regular meeting, and shall notify the applicant of the hearing date.

B. The decision of the city council shall be final, and it may grant or deny the appeal for a utility permit. (Ord. 104 §4(F), 1983)

10.04 110 Suspension or revocation of permit. A. A utility permit may be suspended pending the satisfactory correction of any of the following conditions:

1.  The facilities were not constructed or installed in accordance with the terms and conditions of the utility permit; or

2.  The facilities do not conform to the applicable federal, state and local standards and requirements; or

3.  The permittee fails, after written notice from· the city, to take corrective measures to comply with the city's instructions or requests; or

4.  The permittee fails to provide safe and adequate detours, barricades, signs, flagmen or other controls to protect the public; or

5.  The permittee fails to adequately maintain the facility after having been notified to do so in writing by the city; or

6.  It is in the mutual interest of the city and the utility.

B. The construction operations of a permittee or his contractor may, at the discretion of the city, be revoked by the city for any condition listed in subsection A of this section, and remain so revoked until the conditions of the notice of suspension are corrected. (Ord. 104 §4 (G), 1983)

10.04.120 Additional terms and conditions. A. The utility committee named in this chapter may, at its dis­cretion, require reasonable conditions to protect the prop­erty and interests of the city.

            B. If an applicant wishes to locate a facility upon land obtained by the city from another government agency, the applicant must obtain a special use permit or a letter of non-objection from the owning government agency and submit it with the permit application.

            C. The permittee or his contractor is required to have one copy of the fully executed utility permit at the work site during construction of the facility.

            D. The permittee must give the city five days' advance notice of the proposed date upon which the permittee intends to enter upon the public way to commence construction or major maintenance on the facility covered by the utility permit. (Ord. 104 §4(H) (1)--(4), 1983)

10.04.130 Inspection. The city may require inspection of the construction of the utility facility by a representa­tive of the city. The permittee shall agree to reimburse the city for the actual costs of such inspection as stated in the special terms and conditions of the utility permit. (Ord. 104 §4 (H) (5), 1983)

10.04.140 Legal superiority of chapter. The ordinance codified in this chapter and the provisions contained herein shall hold superiority over any other rule or regulation. In questions of interpretation, the then current case law shall prevail. (Ord. 104 §4(H) (6), 1983)

10.04.150 Location guidelines and restrictions. A utility facility shall be located so as to assure compati­bility with all present and anticipated future uses of the public way in which the utility facility is to be located. The following general standards will apply:

            A. Utility facilities will be located outside of the travel surface of the public way, whenever possible.

            B. The location of the utility facility must allow for maintenance of both the public way and the facility. (Ord. 104 §5(A), 1983)

10.04.160 Construction standards. Utility facilities in the city shall be constructed in conformance with the then existing and applicable standards, including but not limited to the following typical codes and standards, as they may be or become amended hereafter, and which are in­corporated herein by reference:

A. National Electric Safety Code.

B. Alaska Administrative Code, Title 17, Chapter 15, Utility Permits.

C. Alaska Statutes, Chapters 2.15 and 2.25.

D. The Rural Electrification Administration Con­struction Specifications. (Ord. 104 §5(B), 1983)

10.04 170 Joint use. The city reserves the right to require joint use of poles, trenches, and other facilities where feasible and practical. Such joint usage of the fa­cilities is to be documented in an agreement between the several users as to ownership, division of costs and maintenance, and future rights of occupancy of the facility. (Ord. 104 §8, 1983)

10.04.180 As-built drawings. A. The permittee shall, within thirty days of completion of the construction submit to the city, on reproducible material, dimensioned as-built drawings of all work performed under the permit.

B. On or before December 31, 1983, any entity owning, operating or maintaining any utility facility in the city shall provide the city with written specific information, including a copy, on reproducible material, of its current maps, identifying all utility facilities located within the city at the time of the enactment of the ordinance codified in this chapter. The city may issue a comprehensive, condi­tional or temporary use permit for any such existing facil­ities within forty-five days of the receipt of the documents and the maps. Facilities not so identified shall be forfeit and declared to be encroachments or, at the discretion of the utility committee, declared outside the permit.

C. Regardless of the date of the original installation or construction of a utility facility or a portion thereof, no relocation, improvement, expansion, or extension of the utility facility will be allowed in a public way, except by permit granted in accordance with this chapter. (Ord. 104 §5(C), 1983)

10.04.190 Relocation expense. A. The cost of relo­cation of a utility facility located pursuant to a void per­mit as required by the city for public purpose, shall be borne by the party whose action necessitates such relo­cation.

B. Any relocation required as a result of a violation of permit, or required because the facility does not other­wise meet the requirements of this chapter, shall be borne by the utility. (Ord. 104 §6, 1983)

10.04.200 Closure and restriction. A. The city may restrict the use of, or close, any public way whenever the city considers such closing or restriction necessary for:

1. The protection of the public; or

2. The protection of such public way from damage during storms, floods, thawing conditions, or during con­struction or maintenance operations.

B. To notify the public that a public way is closed, or its use has been restricted, the city may:

1.      Erect suitable barricades and barriers or ob­structions at such locations upon the public way as will best serve the purpose;

2.      Post warnings or notices of the condition of any such public way;

3. Post signs for the direction of traffic to it, or upon it or to other public ways, or detour open to or for public travel; and/or

4. Place warning devices upon such public ways. (Ord. 104 §9, 1983)

10.04.210 Prior rights. A. When a utility has the lawful right of occupancy in its existing location by reason of holding a fee title, a valid easement, or other property interest in fact, which has been verified by written docu­mentation to the satisfaction of the city, the utility shall be said to have prior rights to exist in the location and to receive a utility permit subject to all other sections of this chapter.

B. Where no utility permit exists for a facility with­in the public way, the city may issue a comprehensive, con­ditional, or temporary use permit after an established prior right has been documented to the satisfaction of the city, omitting the clause that the permittee shall adjust or relo­cate the facilities without cost to the city; providing, however, that the utility committee and the city council find and determine that the clause would create an unjust and unenforceable provision in the permit. (Ord. 104 §10, 1983)

10.04.220 Bond. A. The city reserves the right to determine the circumstances, amount, and length of duration of bond or assurance required to cover possible damage and repair of a public way which may result from the permittee's construction along, in, over, or under a public way.

B. The utility committee shall have the authority to determine the amount and duration of a bond or assurance required, where it has been determined that the construction or replacement of a utility facility in close proximity to, or in or upon a public way, could reasonably be expected to result in possible damage to the public way. (Ord. 104 §11, 1983)