1. Public Utility Regulation
PUBLIC UTILITY REGULATION
16-1-1: LEGISLATIVE INTENT
16-1-3: OBLIGATIONS REGARDING FACILITIES
16-1-4: EXCAVATION AND CONSTRUCTION
16-1-5: RELOCATION OF FACILITIES
16-1-6: FRANCHISE CONTROLS
16-1-1: LEGISLATIVE INTENT: The City Council does hereby find, determine and declare: (1879 3370)
(A) Certain persons are engaged in the provision of public utility services within the municipal limits of the City using public streets, public easements and other public places.
(B) The nature of public utilities, including their use of public streets and other public places and the potential and actual hazards and inconveniences resulting from the operations of such utilities, has a substantial effect upon the health, safety and welfare of the citizens of the City.
(C) Public utilities make a pervasive and permanent use of public streets and other public places and such use is necessary in order for these utilities to conduct their business.
(D) The City operates water, sewer, fiber optic and other utilities using public streets and other public places including those which are or may be used by public utilities to conduct their business.
(E) In order to protect the public health, safety and welfare and to serve the convenience of the residents of the City, it is necessary to coordinate activities relating to the use of the public streets and other public places, including but not limited to the placement of and relocation of facilities, excavations, construction and maintenance by public utilities.
(F) The regulations imposed herein are a matter of local concern relating to the use of public streets and other public places by public utilities and are imposed upon all public utilities doing business within the City, unless otherwise exempted by ordinance.
(G) The City has authority under the Colorado Constitution, its charter and ordinances and state statutes to regulate businesses operating within its territorial boundaries and the use of public streets and other public places to ensure the safety, welfare, health and convenience of its citizens.
(H) In order to provide for the public health, safety, welfare and convenience, the City enacts this ordinance which governs the location and relocation of public utility facilities as well as any excavation or opening, or other use of the public streets and other public places for public utility purposes.
16-1-2: DEFINITIONS: (1879 3370 3711)
For the purpose of this Title XVI, the following words and phrases shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this section shall be given their common and ordinary meaning. (1879 3370)
"City" means the municipal corporation designated as the City of Westminster and includes the territory within the boundaries of the City of Westminster.
"City Council" means the legislative body of the City.
"City Manager" means the City Manager of the City of Westminster or his designee.
"Distribution Facilities" means all gas, electric, cable, telecommunications and other public utility distribution facilities.
"Electricity" means all electric energy and electric service provided to the City and its residents, including street lighting services.
"Electric Distribution Facilities" means that portion of a public utility's electric system which delivers electric energy from the substation breakers to the point-of-delivery of the customer, including all devices connected to that system.
"Facilities" means all components which are reasonably necessary to provide public utilities, gas and electricity, telecommunications services and cable television services into, within and through the City, including plants, works, systems, substations, transmission and distribution structures, lines, street lighting fixtures, generating plant, equipment, pipes, mains, conduit, transformers, underground lines, gas compressors, meters, wires, cables and poles.
"Franchise" means the rights granted by ordinance authorizing and regulating a person to occupy the public streets, public easements and other public places in order to conduct a business in the nature of private enterprise but selling a service in the nature of a public utility to the residents of the City.
"Gas" means such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof.
"Gas Distribution Facilities" means that portion of a public utility's gas system which delivers gas from the down side of the regulator station to the point-of-delivery of the customer, including all devices connected to that system.
"Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or other legal entity.
"Public Easements" means easements, including utility easements, available for use as permitted by the City.
"Public Places" shall mean alleys, viaducts, bridges, drainageways, rights-of-way and public easements in the City.
"Public Streets" means streets, boulevards, roads and lanes that are deeded or dedicated to the City and are used as routes for transportation by the public.
"Public Utility" means every pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, CATV or cable corporation, water corporation, person, or political subdivision of the State other than the City operating for the purpose of supplying the public for domestic, mechanical, or public uses and every corporation, or person declared by law to be affected with a public interest; except common carriers.
"Residents" means all persons, businesses, industry, governmental agencies, and any other entity whatsoever, located, in whole or in part, within the territorial boundaries of the City.
"Telecommunications Service" is defined in Chapter 2 of Title 4 of this Code.
16-1-3: OBLIGATIONS REGARDING FACILITIES: (1879 3370 3711)
(A) Work. All work by a public utility shall be done:
(1) In a good workmanlike manner,
(2) In a timely and expeditious manner,
(3) In a manner which minimizes inconvenience to the public and individuals, and
(4) In accordance with all applicable codes, rules, regulations, standards and specifications of the City.
(B) Location of Facilities.
(1) The installation, maintenance, renovation and replacement of any facilities in public streets and other public places by the public utility shall be subject to approval of location by the City.
(2) Public utility facilities shall not interfere with street and traffic facilities, water facilities, sanitary or storm sewer facilities or the use of public streets, and public places by the public or the City.
(3) Public utility facilities shall be installed and maintained so as to minimize interference with other property, trees and other improvements and natural features.
(4) A public utility shall not, pursuant to this ordinance, place any of its facilities on, over, under or within any City park, City greenbelt or open space, or designated park property owned by the City unless the City grants a revocable permit therefor.
(C) Supervision and Inspection. All work is subject to supervision and inspection by the City. The public utility shall promptly perform reasonable remedial action required by the City pursuant to said inspection.
16-1-4: EXCAVATION AND CONSTRUCTION: (1879 3370)
(A) Permits. The public utility and its subcontractors shall comply with all City requirements for excavation and construction and shall be responsible for obtaining and paying for all applicable permits. All permits shall be obtained from the appropriate City office at least 24 hours prior to initiation of the work, except in emergency situations in which case the public utility shall notify the City within 48 hours after the emergency work is commenced. All subcontractors of public utilities working in public streets and public places shall hold the necessary contracting licenses required by the City.
(1) All construction and excavation shall comply with the standards set forth in section 16-1-3.
(2) All public and private property whose use conforms to restrictions in public easements disturbed by public utility construction or excavation activities shall be restored by the public utility at its expense according to existing City standards and specifications or matching the preexisting materials and equipment, as specified by the City. Such restoration shall be subject to inspection by the City and the public utility shall perform all reasonable remedial action required by the City pursuant to said inspection.
(3) The public utility shall comply with the City's requests for reasonable and prompt action to remedy all damage to private property adjacent to public streets or public easements where the public utility is performing excavation or construction work. If all remedial action is not completed within thirty days, the City may cause the work to be completed at the public utility's expense.
(4) If, in the opinion of the City, such damage poses a threat to the health, safety or welfare of the public or individuals, the City may cause repairs to be made at the public utility's expense unless the public utility makes such repairs promptly upon the City's request.
16-1-5: RELOCATION OF FACILITIES: If at any time the City requests the public utility to relocate any facility installed or maintained in public streets or other public places in order to permit the City or a person under contract to the City: (1879 3370)
(A) to make any public use of public streets or other public places,
(B) to construct any public improvements,
(C) to build any public project,
(D) for any municipal purpose in which the City has a financial or ownership interest, or
(E) whenever the City requires such relocation in the exercise of its police power to protect the public health, safety, welfare or convenience of its residents,
Such relocation shall be made by the public utility at its expense.
16-1-6: FRANCHISE CONTROLS: (1879 3370 3803)
(A) To the extent that any franchise lawfully granted by the City is inconsistent with the provisions of this chapter, such franchise shall control.
(B) To the extent that any franchise lawfully granted by the City provides for the receipt of audits or other financial information from the franchisee, the City will insure that any customer data, as that term is defined by the Colorado Public Utility Commission rules, will be subject to the following:
(1) The franchisee will not disclose any customer data that is otherwise prohibited by a final Commission decision;
(2) All audit or other financial information shall only be disclosed to a designated City auditor or auditor's office, who is either an employee or agent of the City:
(3) The City's auditor will collect and use the customer data solely for the purpose of reviewing or conducting the audit and is prohibited from disclosing or using the customer data for a purposes not related to the audit;
(4) The City will implement and maintain data security procedures and practices to protect the customer data from unauthorized access, destruction, use, or modification;
(5) The City will destroy or return to the franchisee any customer data no longer necessary for the purpose for which it was transferred unless state law or the City's state-mandated retention schedule requires otherwise;
(6) The City will not permit access to the data by anyone that has not agreed to abide by the terms pursuant to which the data was provided by the utility, under its franchise agreement. This includes, but is not limited to, all interns, subconractors, staff, other workforce members, and consultants; and
(7) The City acknowledges that it does not claim any right, title or interest in any of the data provided by the franchisee.
16-1-7: SEVERABILITY: If any provision of this chapter or application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this chapter that can be effective without the invalid provision, and to said end each provision and section of this chapter is declared to be severable.