Chapter 12.05
CITY ROAD PERMIT
Sections:
12.05.030 Permit – Application – Bond.
12.05.040 Performance bond – Liability insurance.
12.05.060 Violation – Penalty.
12.05.010 Purpose.
The city is concerned about adequate backfill and compaction of utility installations and excavations within city right-of-way. (Ord. 2123 § 1, 2024)
12.05.020 Permit – Required.
It is unlawful for any person to cut, dig, break, excavate, or alter or disturb the surface of any city right-of-way for the purpose of installing utilities without first having obtained a right-of-way permit from the city.
A. The applicant shall be responsible for the design of the utility facility being proposed in accordance with applicable city design standards. This responsibility shall include, in addition to the integrity of the proposed utility facility, provisions for public safety during the course of construction, as well as consideration of traffic safety and accident potential for the life of the installation.
B. For work requiring application to the city, the city may review and approve the utility’s plans with respect to:
1. Location;
2. The manner in which the utility facility is to be installed;
3. Measures to be taken to preserve safe and free flow of traffic;
4. Structural integrity of the roadway, bridge or other structure;
5. Ease of future road maintenance, and appearance of the roadway.
C. Provisions shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the right-of-way.
D. Granting of a franchise or permit shall not imply or be construed to mean the city is responsible for the design, construction or operation of the facility or for public safety during the facility’s installation, operation or maintenance. (Ord. 2123 § 1, 2024)
12.05.030 Permit – Application – Bond.
The applications shall be made on an approved city form and shall set forth the following:
1. The purpose and description of the proposed utility installation;
2. The exact location of the proposed utility installation, including a plat or sketch drawn to scale showing the location and plan of construction, excavation, cutting, or other work desired to be done;
3. The estimated length of time for the work;
4. Any such other information the public works director shall find reasonably necessary to the determination of whether a permit should be issued; and
5. The name of the contractor proposed to complete the work.
All utility installations shall be accomplished by a licensed and bonded contractor approved by the city. Chapter 5.05 NMC requirements also apply.
If there has been no applicant activity for any six-month period after the date the application is deemed sufficient, or from the date an active permit was issued, the city shall deem the permit application file or permit “inactive” and may close the permit application file or permit without further notice to the applicant. (Ord. 2123 § 1, 2024)
12.05.040 Performance bond – Liability insurance.
A. Approved contractors will carry a minimum $5,000 performance bond and certificate of insurance. Both the bond and the certificate of insurance must be on file with the city for the express purpose of constructing utility installations on city right-of-way. The contractor shall obtain and keep in force public liability and property damage insurance with companies and in form subject to the approval of the attorney. The city shall be specifically named as an additional insured on said policy insofar as work on city right-of-way is concerned. The coverage provided shall protect the city against claims for personal injuries including accidental death, and property damage arising in whole or in part from any act or omission of the contractor or a subcontractor, or anyone employed by either. The policy, and any endorsement naming the city as an additional insured, shall include a provision requiring written notification to the city of termination and of any change in any of its terms, 10 days in advance of such termination or change. The minimum public liability coverage shall be $1,000,000. Coverage in the minimum amount set forth herein shall not be construed to relieve the contractor from liability in excess of such coverage.
B. By issuance of permit or promulgation of this policy, the city assumes no liability for the acts of the contractor, franchise holder or permittee. (Ord. 2123 § 1, 2024)
12.05.050 Standards.
The standards and specifications for utility installations on city right-of-way shall be as shown on the city’s road construction standards, which are on file for inspection in the city clerk/treasurer’s office and is made a part of this chapter by this reference.
A. Restoration of Surface. If the permittee shall fail to restore the street to the condition existing prior to excavation, or shall fail to complete such work, the city shall have the right, but not the obligation, to cause such work to be done. In such case, the permittee shall be liable to the city for the cost of all work performed, including administrative overhead.
B. Inspections and Enforcement. The director of public works or designee shall make such inspections as are reasonably necessary in the enforcement of this chapter. The director of public works shall have authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. Violations of this chapter shall be deemed civil violations subject to enforcement and penalties pursuant to Chapter 1.16 NMC.
C. Damage and Liability. Any person who damages any public property or improvement located within a city street or other public property shall be responsible for its restoration to its prior condition. If the person damaging such property fails to effect such repair, the director of public works or designee shall have authority to cause repair of the same with the use of city labor and materials and charge the cost thereof against the person responsible for such damage.
This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which street use permit is issued by the provisions of this chapter nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized by the provisions of this chapter, the issuance of any permit, or the approval of any work. (Ord. 2123 § 1, 2024)
12.05.060 Violation – Penalty.
Any person who violates any provision of this chapter is guilty of a misdemeanor and shall be punished as stated in NMC 1.16.010. (Ord. 2123 § 1, 2024)