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Ordinance 2010-445 <br />Right -of -Way <br />The term project in this section shall include both next -year projects and five-year projects. <br />By January 1 of each year, the city will have available for inspection in the city's office a <br />Composite list of all projects of which the city has been informed of the annual plans. All <br />registrants are responsible for keeping themselves informed of the current status of this list. <br />Thereafter, by February 1, each registrant may change any projects in its list of next -year <br />projects, and must notify the city and all other registrants of all such changes in said list. <br />Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another <br />registrant listed by the other registrant. <br />(b) Additional Next -Year Projects. Notwithstanding the foregoing, the city may give <br />consideration to an application for a right-of-way permit for failure to include a project in a plan <br />submitted to the city if the registrant has used commercially reasonable efforts to anticipate and <br />plan for the project. <br />Sec. 82-305. Permit Requirement. <br />(a) Permit Required. Except as otherwise provided in this code, no person may obstruct or <br />excavate any right-of-way without first having obtained the appropriate right-of-way permit from <br />the city to do so. <br />(1) Excavation Permit. An excavation permit is required by a registrant to excavate that <br />part of the right-of-way described in such permit and to hinder free and open passage <br />over the specified portion of the right-of-way by placing facilities described therein, to <br />the extent and for the duration specified therein. <br />(2) Obstruction Permit. An obstruction permit is required by a registrant to hinder free and <br />open passage over the specified portion of right-of-way by placing equipment described <br />on the right-of-way, to the extent and for the duration specified. An obstruction permit is <br />not required if a person already possesses a valid excavation permit for the same project. <br />(b) Permit Extensions. No person may excavate or obstruct the right-of-way beyond the <br />date or dates specified in the permit unless (i) such person makes a supplementary application for <br />another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or <br />permit extension is granted. <br />(c) Delay Penalty. The city shall establish and impose a delay penalty for unreasonable <br />delays in right-of-way excavation, obstruction, patching or restoration. The delay penalty shall <br />be established from time to time by city council resolution. A delay penalty may not be imposed <br />if the delay in project completion is due to circumstances caused by the city. <br />(d) Permit Display. Permits shall be conspicuously displayed or otherwise available at all <br />times at the indicated work site and shall be available for inspection by the city. <br />7 <br />