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(1) All underground pipes and conduits in the public way shall be laid a minimum depth of 30 inches below the city-established street grade or alley grade and 30 inches below ground level in utility easements, unless otherwise approved by the city manager or designee. If it becomes necessary for the proper or necessary public use of any public way that any structure, pipe, conduit, culvert or facility heretofore installed or constructed be removed or relocated or that any use made thereof by a municipal utility, franchisee, licensee, or permittee be discontinued, the city engineer shall give written notice to the owner of the street tree, pipe, conduit, culvert or other facility to remove the same within a reasonable time. If the owner fails to comply with such notice, the city may remove or relocate the same and charge the costs of removal or relocation to the owner.

(2) A permit issued under sections 7.290 and 7.295 shall require that all utilities and communications facilities be located underground in the manner provided in subsection (1) of this section if the permit is associated with new residential or new commercial development.

(3) A permit issued under section 7.295 may require the permittee to locate the facility or utility jointly with other providers and to reserve public space in privately opened trenches to ensure adequate conduit capacity for city operational and infrastructure needs.

(4) A permit issued under section 7.295 may require the permittee to install capacity in excess of the permittee’s or other providers’ needs, as determined by the city. The permittee may negotiate with other licensed providers, which are co-locating with the permittee, for sharing the use and costs associated with the joint use in open trenches.

(5) A licensee or owner of above-ground wires, cables or lines located in a right-of-way that is subject to a capacity-enhancing improvement project shall install conduit crossings at the time of the improvement project.

(6) The administrative rules issued by the city manager hereunder shall include, but not be limited to:

(a) Requirements for prior notice to other licensed providers before performing work, and establishment of criteria to address the frequency that street openings will be permitted;

(b) Location criteria and regulations for installation of above-ground facilities, such as junction boxes, controllers, distribution centers, etc. within the general right of way, including the ability to require under-grounding.

(c) Standards for when and under what conditions existing above-ground utilities and telecommunications facilities shall be placed underground;

(d) Standards for conduit size, location and capacity to be installed by providers, which may be different for different areas of the city, class of street, location, and other factors;

(e) Standards that ensure initial providers in an area provide extra capacity for later providers and a procedure that enables the initial provider to recover a portion of its costs incurred, is not discriminatory, does not prevent competition in service delivery, or become a barrier to other providers;

(f) Criteria for providing exceptions to the requirement that later providers utilize the extra capacity of initial providers;

(g) The format for the manner in which data on the construction and location of services is provided to the city;

(h) Procedures that ensure facility operators and providers belong to the Oregon Utility Notification Center (OUNC) and can document their ability to provide locating service for their facilities;

(i) Requirements for public notice;

(j) Traffic control plans; and

(k) Requirements for indemnity, performance bonds and project completion bonds.

(Section 7.302 added by Ordinance No. 19393, enacted July 28, 1986; amended by Ordinance No. 20083, enacted April 28, 1997; and Ordinance No. 20390, enacted August 13, 2007, effective September 14, 2007.)