A. Excavations in the town's rights-of-way disrupt and interfere with the public use of those rights-of-ways and can damage the pavement and landscaping. The purpose of this section is to reduce this disruption, interference, and damage by promoting better coordination among applicants and permittees making excavations in Town's rights-of-way and between such persons and the town. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure the excavations in Town's rights-of-way are, to the maximum extent possible, performed before, rather than after, the resurfacing of the rights-of-way by the town.

B. Any permittee owning, operating, or installing facilities in Town rights-of-way to provide water, sewer, gas, electric, broadband communications, video or other utility or utility-like services shall coordinate such actions with the town Engineer. If the town requires that conduit be installed in the same location the permittee shall coordinate with the town and facilitate the installation of the town's conduit. The direct cost of installing the town's conduit will be paid by the town as described in section 11-9-5 of this chapter. No utility shall be required to serve as a financial pass through from the town to the contractor installing the town's conduit. Failure to coordinate with the town Engineer will compromise the permittee's ability to work in the right-of-way.

C. The town Engineer shall review all major excavation plans for work to be done in the town's rights-of-way, and identify conflicts and opportunities for coordination of excavations. The town Engineer shall notify affected owners and permittees of such conflicts and opportunities to the extent necessary to maximize coordination of excavation. Each applicant for a permit shall coordinate, to the extent practicable, with each potentially affected owner and permittee to minimize disruption in the rights-of-way.

D. The town may disclose information contained in a permittee's excavation plan to any public or private entity planning on conducting excavation activities in the rights-of-way only on a need-to-know basis in order to facilitate coordination among excavators and to avoid unnecessary excavation in the rights-of- way. To the maximum extent permissible under the Colorado Open Records Act, as amended, the town shall not otherwise disclose to the public any information contained in an excavation plan submitted by a permittee that is proprietary, a trade secret, or is otherwise protected from public disclosure under applicable law; provided, however that the town shall have no duty to decline to disclose any information that the permittee has not identified on its face as proprietary, a trade secret, or otherwise protected from disclosure under applicable law. The town shall notify a permittee of any request for inspection of public records that calls for disclosure of any excavation plan on which any information has been identified as proprietary, trade secret or otherwise protected from disclosure. The town shall consult with its legal counsel regarding any such request and shall inform the affected permittee either that the town will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the town intends to disclose the requested information unless ordered otherwise by a court.

E. In preparation for locating facilities in the town's rights- of-way a permittee shall compile all information regarding the permittee's or any other facilities already located in the rights-of-way and shall make that information available to the town in a written and verified format acceptable to the town Engineer. If the permittee fails to provide such information in a timely manner, the town Engineer may obtain such information and charge the permittee the actual costs for obtaining the information. (Ord. 9, Series 2018)