(a)

Whenever a legal notice is required to be published or posted by the Charter, ordinances of the city or applicable laws or regulations of the state or United States, unless otherwise therein set forth or required by law, such notice shall be provided as follows:

(1)

All legal notices shall be published on the city's official website, which notice will remain on the web page until the event noticed and which posting shall meet the applicable requirements for the duration of the notice prior to the event noticed.

(2)

Notices of a public hearing, municipal election not coordinated with the county, or city ward and polling place changes shall be posted at Margaret W. Carpenter Recreation Center, the Thornton Active Adult Center, Trail Winds Recreation Center, and City Hall.

(3)

Posting of the full title of each ordinance passed after first reading, and before second reading, and after final passage, with instructions on where to obtain the full text of each ordinance, shall be at Margaret W. Carpenter Recreation Center, the Thornton Active Adult Center, Trail Winds Recreation Center, and City Hall.

(b)

Any means of publication by an entity other than the city shall be in substantial compliance with the public bidding criteria set forth in Article III of Chapter 26 governing purchasing by the city.

(c)

The intent of the city council in establishing these procedures relating to the means of publication is to serve the public interest in providing an accurate and reliable resource to the residents and businesses of the city, to ensure that responsible and representative government is maintained on the highest order of the general good of the city. No interests are intended to vest for any designated means of publication by virtue of such designation except for charges having been incurred for services provided pursuant to contract. The city council shall, in the public interest, have the right to prior terminate or suspend the designation of the designated means of publication at all times, and during such suspension or upon such termination by resolution select an interim means of publication, until the suspension is removed or replacement secured pursuant to the standards of this section.

(Ord. No. 1966, §§ 1, 2, 4-9-90; Ord. No. 3392, §§ 1—3, 8-9-16; Ord. No. 3476, § 1, 7-10-18; Ord. No. 3611, § 1, 1-11-22)

Charter reference— Official newspaper, § 16.4.

(a)

The city council and every city board, committee, commission, authority, and other body or entity subject thereto shall comply with the open meeting provisions of state law in C.R.S. § 24-6-402 (Open Meetings Law).

(b)

Nothing in the Charter or in this Code is deemed to be inconsistent with any provisions of the Open Meetings Law. Further, in the event of a conflict, the provisions of the Open Meetings Law shall prevail.

(c)

Nothing in this section shall limit the ability of the city council or of any other entity described in subsection (a) of this section to call a special meeting with less than 24 hours' notice to the public for good cause shown if the provisions of the Charter have been met.

(Code 1975, § 5-4; Ord. No. 705, 12-22-75; Ord. No. 2089, § 2, 7-22-91; Ord. No. 2308, § 2, 2-28-94)

Charter reference— Open meetings, §§ 4.13, 14.1.

(a)

Purpose. To permit the use of electronic signatures for those documents as may be required by the city and to ensure when electronic signatures are applied, they are legally valid and enforceable. For any transaction in which the city requires the signature of any person, the requirement shall be deemed fully satisfied by an electronic signature when supplied in the matter specified by the city. Nothing in this section is intended to (1) diminish or limit the use of a handwritten or manual signature on city documents or other documents submitted to the city as prescribed in the code, (2) contravene Thornton's city charter, or (3) alter delegations of authority to sign documents.

(b)

Definitions. For the purposes of this section, the words and terms used shall be defined as set forth in the Colorado Uniform Electronic Transactions Act, currently contained in Title 24, article 71.3 of the Colorado Revised Statutes, as the same may be amended from time to time.

(c)

Procedures for the electronic signature process shall be set through an administrative directive to be agreed upon by the city manager or designee and the city attorney.

(d)

Any authorized user who recklessly, knowing or intentionally violates this Section or the Administrative Directive pertaining to electronic signatures is subject to disciplinary action up to and including termination of employment.

(Ord. No. 3598, § 1, 9-28-21)

(a)

Creation; appointments; removal of members; officers; bylaws. The council shall have the power to create such boards, commissions, and authorities as it may decide, provided that no such board, commission, or authority shall have the authority to perform functions or duties otherwise assigned in the Charter or to interfere with any function or duty otherwise assigned in the Charter. All bylaws and rules of procedure and amendments thereto of boards, commissions, and authorities shall be approved by the council. Unless otherwise required by law or the Charter, all boards, commissions, and authorities shall be appointed by the council and shall have such powers and perform such duties as are required by the Charter or by ordinance. Initial appointments by the council shall specify the term of office of each individual in order to achieve overlapping tenure. Members shall be appointed to serve four-year over-lapping terms ending March 1 of even-numbered years except as otherwise provided. All members shall be subject to removal by the council. The council shall make appointments to fill vacancies for unexpired terms. Except as otherwise provided in the Charter, each board, commission, or authority shall choose its own chairman and vice-chairman from its members and shall operate in accordance with the bylaws or rules of procedure set forth by the council. Any groups created by a board, commission, or authority are also subject to removal by council.

(b)

Reports; residency requirements. Reports shall be made to the council as the council shall require. All board, commission, and authority members shall have been residents of the city immediately preceding appointment and shall be qualified electors of the city, except for the Businesses of Thornton Advisory Commission.

(c)

Payments to members. Each board, committee, commission, and authority member shall receive $50.00 per meeting, and the chairperson of each board shall receive $60.00 per meeting attended; however, the council may by resolution provide that any such board, committee, commission, or authority be served by uncompensated volunteer citizens, in which event only authorized, reasonable expenses incurred will be reimbursed. Members of the Planning Commission and Board of Adjustment shall receive $65.00 per meeting and the chairperson of the Planning Commission and Board of Adjustment shall receive $75.00 per meeting attended. Members of the Election Commission, excluding city employees, shall be compensated for working on any election day in the same amount provided for election judges in the Colorado Uniform Election Code of 1992 (C.R.S. § 1-1-101 et seq.), as amended from time to time. In the event that the council should convert an existing board, committee, commission, or authority to volunteer status, during the remaining unexpired term of members then serving and receiving compensation, such compensation shall continue during the unexpired term of continuing office unless such continuing compensation is specifically prohibited by the council action or waived by the board, commission, committee, or authority member. Any participation in a working group authorized by a board or commission pursuant to their bylaws shall be voluntary and not compensated under the provisions of this paragraph. Ad hoc committees established pursuant to Section 2-87 of the Code may be compensated as provided for in their establishing resolution.

(Code 1975, § 5-29; Ord. No. 705, 12-22-75; Ord. No. 747, 3-29-77; Ord. No. 1102, 2-8-82; Ord. No. 1746, 3-14-88; Ord. No. 2089, § 3, 7-22-91; Ord. No. 2308, § 13, 2-28-94; Ord. No. 2333, § 1, 7-25-94; Ord. No. 2491, § 1, 1-12-98; Ord. No. 2582, § 1, 11-15-99; Ord. No. 2688, § 2, 10-22-01; Ord. No. 3062, § 1, 7-8-08; Ord. No. 3102, § 1, 7-28-09; Ord. No. 3231, § 2, 2-26-13; Ord. No. 3507, § 1, 12-18-18; Ord. No. 3672, § 1, 10-24-23; Ord. No. 3692, § 1, 6-11-24)

Charter reference— Board appointments, § 4.19.

(a)

Creation. There is hereby created the planning commission.

(b)

Duties.

(1)

The planning commission shall have the duties specified in the Code or as otherwise assigned by the city council.

(2)

The members appointed as the planning commission shall also serve as and perform the duties of the board of adjustment.

(c)

Membership.

(1)

The planning commission shall consist of nine members to be appointed by the city council.

(2)

Terms of office for the planning commission and board of adjustment shall run concurrently.

(Ord. No. 3659, § 1, 8-3-23; Ord. No. 3692, § 1, 6-11-24)

Editor's note— Ord. No. 3659, § 1, adopted Aug. 3, 2023, repealed the former § 2-82, and enacted a new § 2-82 as set out herein. The former § 2-82 pertained to development permits and appeals board and derived from Ord. No. 2815, § 1, adopted Feb. 24, 2004.

(a)

Creation. There is hereby created the Businesses of Thornton Advisory Commission.

(b)

Duties. The Businesses of Thornton Advisory Commission shall have the duties assigned by the city council.

(c)

Membership. The commission shall consist of at least nine members to be appointed by the city council.

(d)

[Staff support.] The city manager shall provide staff support to the Businesses of Thornton Advisory Commission.

(Ord. No. 3062, § 2, 7-8-08; Ord. No. 3692, § 1, 6-11-24)

Editor's note— Prior to reenactment by Ord. No. 3062, Ord. No. 2815, § 2, adopted Feb. 24, 2004, repealed § 2-83, which pertained to land use commission and derived from Ord. No. 2485, § 1, adopted Dec. 1, 1997; Ord. No. 2583, § 2, adopted Nov. 15, 1999; Ord. No. 2688, § 3, adopted Oct. 22, 2001.

(a)

Creation. An election commission is hereby created consisting of the Thornton city clerk and four or more registered electors of the city. The city clerk shall be the chair of the election commission. The city clerk shall appoint election judges for any precinct located within the city. Members of the election commission may be appointed as election judges.

(b)

Power and purpose. The election commission shall have the following powers, duties and responsibilities:

(1)

The election commission shall have charge of all activities and duties required of it by state law, including the Colorado Municipal Election Code (C.R.S. 31-10-101 et seq., as amended), the Thornton City Code and ordinances relating to the conduct of elections in the city. In any case, when election procedures are in doubt, the election commission shall prescribe the procedure to be followed.

(2)

The election commission shall establish precincts and polling places within the city.

(3)

The election commission shall have power to adopt rules and regulations not in conflict with the state constitution, the City Charter, the Code or ordinances of the city.

(4)

The election commission shall have such additional powers and duties as may be required by the city clerk for conduct of the municipal election and shall abide by all applicable ordinances and regulations prescribed by city council.

(c)

Membership. During the terms of office, appointees shall not be city officers, employees, candidates or nominees for elected city office.

(Code 1975, § 5-34; Ord. No. 705, 12-22-75; Ord. No. 1880, 7-10-89; Ord. No. 2583, § 3, 11-15-99; Ord. No. 3744, § 1, 8-26-25)

Cross reference— Elections, § 2-236 et seq.

(a)

Purpose and functions. There is established the Thornton Active Adult Board. The purpose of the board shall be to promote and facilitate communications between the board and the city council in matters impacting the needs and interests of citizens 55 years of age and older and to better assist the city council in being responsive and well advised as to issues of particular relevancy to citizens 55 years of age and older. The board shall also formulate recommendations for the most appropriate and beneficial use of the Thornton Active Adult Center and perform such additional duties and services which may be assigned to the board by the city council. The board will not make recommendations as to the fees or budget funding levels for the Active Adult program.

(b)

Membership.

(1)

The board shall consist of 11 members appointed by city council, with representation from each ward, the business community, one member recommended by the 55 Plus Club Organization, Inc., and one member recommended by the mayor. Nine of the members shall have attained the age of 55 years of age at the time of the appointment.

(2)

The members shall be appointed to serve four-year overlapping terms ending on March 1 of even-numbered years; except that four members will initially be appointed for a two-year term of office ending March 1, 2000; thereafter, the term for these members shall be four years.

(c)

Officers; meetings. The board shall designate a chairperson, vice- chairperson, secretary and such other officers as it may deem appropriate. The board shall meet quarterly, at a minimum, at the Thornton Active Adult Center.

(Code 1975, § 5-37; Ord. No. 1795, 10-24-88; Ord. No. 2308, § 17, 2-28-94; Ord. No. 2490, § 1, 1-12-98; Ord. No. 2593, § 1, 12-13-99; Ord. No. 3049, § 1, 2-26-08; Ord. No. 3437, § 1, 5-23-17; Ord. No. 3692, § 1, 6-11-24)

(a)

Creation. There is hereby created the Thornton Parks and Open Space Advisory Commission.

(b)

Purpose and functions.

(1)

The parks and open space advisory commission shall act as an advisory commission to advise and make recommendations to the city council, for their approval, as to: (a) the development of and update thereto at least every three years, of the comprehensive parks and open space master plan; and (b) parks and open space projects to be funded from the proceeds of the open space and parks sales and use tax. All recommended projects must be provided for in the comprehensive parks and open space master plan. Project costs shall include all necessary and appurtenant facilities, including design, construction management, construction, and replacement but not routine maintenance. The parks and open space advisory commission shall take into consideration the on-going operating and maintenance cost impacts of all projects to the city in determining recommended projects. Open space and parks projects are defined as follows:

a.

Open space projects: acquisition of land or other real property interests for natural open space for the preservation of wildlife habitats which support wildlife of Colorado; acquisition of wildlife corridors to support movement and migration of wildlife species currently utilizing undeveloped areas; preservation and enhancement of existing wetlands that support waterfowl and important wildlife ecosystems; and acquisition of land or other real property interests to support significant view corridors and provide buffers.

b.

Park projects: interconnected walking, biking, and hiking trails; active and passive parks for family and individual recreation; and multi-use sports fields for youth sports as well as adult uses.

(2)

The city manager shall provide staff support to the parks and open space advisory commission.

(3)

The parks and open space advisory commission shall not have the power to: authorize the expenditure of funds; enter into contracts or leases; buy, sell or condemn real estate or any other interest therein; sue or be sued; or otherwise to legally bind the city.

(c)

Membership and term.

(1)

The parks and open space advisory commission shall consist of nine members appointed by the city council.

(2)

Members of the parks and open space advisory commission serve at the pleasure of city council. Any member may be removed from office at any time without cause and without notice or hearing by a majority vote of a quorum of city council present at any regular or special meeting.

(3)

The members of the parks and open space advisory commission shall be compensated in accordance with the City Code.

(d)

Meetings.

(1)

The first organizational meeting shall be at the call of the city manager. The parks and open space advisory commission will select from among its membership a chairperson and vice-chairperson.

(2)

The parks and open space advisory commission shall meet quarterly, and may, upon the call of the chairperson and any four additional members, hold special meetings. Any quarterly or special meetings may be canceled by a simple majority or by the chairperson for good cause.

(3)

All meetings shall be held in compliance with the city's open meeting requirements as set forth in the City Code. In addition to the requirements set forth therein for notice of open meetings, at least ten consecutive days prior, notice shall be published at least once, pursuant to Section 2-1, within the city with regard to any meeting of the parks and open space advisory commission, the purpose of which is to consider final recommendations for the parks and open space master plan or project recommendations by the parks and open space advisory commission to the city council. At the meetings, members of the public shall be allowed reasonable time to speak and present oral and/or written opinions on the plans prior to any recommendation to the city council. Where an immediate action and recommendation to the city council is necessary to acquire open space property or property rights not previously included in the parks and open space master plan, the parks and open space advisory commission may forego the requirement of notice.

(4)

The parks and open space advisory commission shall keep minutes of its proceedings, showing the vote of each member present upon every question, or if absent or failing to vote, indicating such fact.

(5)

The city council may refer project proposals to the parks and open space advisory commission for review and recommendation to the city council. The parks and open space advisory commission shall meet to consider the city council's request within 30 days or as directed by the city council. In the event the parks and open space advisory commission fails to make a recommendation within this time frame, the city council may thereupon make a determination as to the proposed project(s) and amend the parks and open space master plan as required.

(Ord. No. 2484, § 1, 12-1-97; Ord. No. 2582, § 2, 11-15-99; Ord. No. 3392, § 6, 8-9-16; Ord. No. 3476, § 4, 7-10-18; Ord. No. 3692, § 1, 6-11-24)

The council may establish, by resolution, ad hoc committees to provide review and recommendations to the council on activities or projects when determined appropriate by council. An ad hoc committee shall have the duties assigned by the council and shall serve until such time as the council determines that the committee has completed its assigned duties or that no further committee review or recommendations are necessary.

(Ord. No. 3231, § 1, 2-26-13)

Editor's note— Ord. No. 3231, § 1, adopted Feb. 26, 2013, repealed the former § 2-87 and enacted a new section as set out herein. The former § 2-87 pertained to the Thornton Revitalization Advisory Board and derived from Ord. No. 3102, § 2, adopted July 28, 2009.

(a)

Creation. There is hereby created the board of adjustment.

(b)

Duties. The board of adjustment shall have the duties specified in the Code or as otherwise assigned by the city council.

(c)

Membership. The members appointed as the board of adjustment shall be those individuals appointed by city council to serve as the planning commission. Terms of office for the planning commission and board of adjustment shall run concurrently.

(Ord. No. 3659, § 2, 8-3-23; Ord. No. 3692, § 1, 6-11-24)

(a)

Utilities director. The city manager is designated the utilities director pursuant to Subsection 5.7(e) of the Charter. The city manager, acting as the utilities director, shall have the full and plenary authority, subject to the limitations upon such authority contained in the Charter, to execute, implement and administer the ongoing and regular operations of the municipal utilities, and subject to the limitations of the budget resolution and appropriation ordinance of the city council. By way of illustration but not limitation, such administrative functions that are authorized for the city manager, acting as the utilities director, include:

(1)

Expending funds within the approved budget resolution and appropriations ordinance and within any purchasing guidelines. Such authority shall include contracting to purchase and acquire goods, services, and professional consultation.

(2)

Entering into change orders within the approved budget and within the standards of budget administration.

(3)

Entering into any contract or lease or amendment thereto requiring the expenditure of city or utilities funds for real or personal property that is approved in the appropriations ordinance, and entering into any lease or amendment thereto, for any valuable consideration, of city-owned real or personal property.

(4)

Making all appointments to any ditch company boards, water boards, corporate boards, or other entities, and authority to vote shares, including authorizing proxies, of city water stock, except for the Metropolitan Wastewater Reclamation District, where the city manager acting as the utilities director shall make a recommendation to the city council for the appointment.

(5)

Pursuant to Section 10.3 of the Charter, acquiring water rights and interests subject to the approved budget resolution and appropriations ordinance.

(b)

Utilities Attorney. The city attorney is designated the utilities attorney pursuant to Subsection 5.7(k) of the Charter. The city attorney, acting as the utilities attorney, shall have the full and plenary authority, subject to the limitations upon such authority contained in the Charter, to provide legal advice and represent the ongoing and regular operations of the municipal utilities, and subject further to the limitations of the policies, budget resolution and appropriations ordinance approved by the city council. From and after the effective date of this section, the city attorney, acting as the utilities attorney, shall succeed in all actions and matters previously conducted or entered by the former utilities attorney. All actions by the former utilities attorney are ratified.

(Code 1975, § 5-50; Ord. No. 2231, § 1, 2-8-93; Ord. No. 2244, § 1, 4-12-93)

Cross reference— Utilities, Ch. 74.

The positions exempt from the career service, department head positions and departments deemed to be under the direct supervision of the city manager shall be identified in the annual budget or subsequent budget amendments as may, from time to time, be necessary.

(Code 1975, § 5-57; Ord. No. 705, 12-22-75; Ord. No. 1014, 2-23-81; Ord. No. 1341, 4-9-84; Ord. No. 1486, 10-14-85)

The city shall be organized into departments, and the departments shall be identified in the annual budget and the appropriations ordinance or subsequent amendments thereto.

(Code 1975, § 5-58; Ord. No. 2215, § 2, 12-28-92)

(a)

Nomination petitions. Any person who desires to be a candidate for a municipal office may circulate a nominating petition for signature no sooner than the 91st day prior to the date of a regular or special municipal election, as applicable. The nominating petition shall be filed with the city clerk no later than the 71st day prior to the date of the election. The nominating petition may be amended to correct or replace signatures which the city clerk finds are not in apparent conformity with the requirements of the Colorado Municipal Election Code, C.R.S. § 31-10-101 et seq., at anytime before the 67th day before the date of the election.

Any person who has been nominated and who has accepted a nomination may withdraw from such nomination no later than 64 days before the election by signing a written affidavit and subsequently filing it with the city clerk.

(b)

Protests of nomination. A protest of a nomination shall be made in writing and filed with the city clerk within five days after the petition has been filed. The city clerk shall hear any protest within ten days after the protest is filed and shall pass upon the validity of the protest, whether of form or substance, and shall issue findings of fact and conclusions within 72 hours after the hearing.

(c)

Affidavit of intent of write-in candidate.

(1)

No write-in vote for any municipal office shall be counted unless an affidavit of intent of the write-in candidate has been filed with the city clerk by the person whose name is written in by the close of business on the 64th day before the election.

(2)

The affidavit of intent of the write-in candidate may be filed on forms provided by and available from the city clerk or on substantially similar forms from some other source, but each such affidavit shall contain a sworn statement that the affiant is fully qualified for the office involved and that the affiant desires the office.

(3)

Nothing contained in this section shall change, modify, amend, waive or in any way alter the residency requirements or the age requirement for any municipal office.

(Code 1975, § 5-98; Ord. No. 705, 12-22-75; Ord. No. 2265, § 1, 6-28-93; Ord. No. 2308, § 28, 2-28-94; Ord. No. 2617, § 1, 7-10-00; Ord. No. 2730, § 1, 9-24-02; Ord. No. 3744, § 1, 8-26-25)

(a)

The provisions of C.R.S. § 31-10-108, or any successor statute, shall not apply to special municipal elections in the city, insofar as such statute relates to the period of time when such special elections may not be held prior to and following a primary or general election in the state.

(b)

No election precinct or part thereof shall be located in more than one ward. Any changes to existing polling places or the addition of any new polling places shall be established by the election commission at least 30 days before any election is held. The polling places, as established, shall be posted in designated public places and notice shall be provided, pursuant to Section 2-1, at least 20 consecutive days before the election, except for coordinated elections conducted pursuant to the Uniform Election Code of 1992, as amended.

(Code 1975, § 5-99; Ord. No. 705, 12-22-75; Ord. No. 1841, 1-23-89; Ord. No. 1859, 5-8-89; Ord. No. 2308, § 29, 2-28-94; Ord. No. 2431, § 1, 8-26-96; Ord. No. 3392, § 7, 8-9-16; Ord. No. 3476, § 5, 7-10-18; Ord. No. 3744, § 1, 8-26-25)

Charter reference— Special elections, § 3.2.

The judges of election serving for municipal elections held in the city shall receive the same compensation as election judges who serve for Adams County in general elections.

(Code 1975, § 5-100; Ord. No. 2332, § 2, 7-25-94; Ord. No. 2730, § 2, 9-24-02)

Charter reference— Election judges, § 3.4.

The provisions of the Charter regarding qualifications shall not be construed to limit eligibility of a resident to be elected or appointed as a councilmember when reapportionment occurs, so long as the resident has resided at an address within the new ward boundaries for at least 12 consecutive months immediately preceding the date of the election or appointment and satisfies all other requirements for qualification.

(Ord. No. 2619, 7-24-00)

(a)

A campaign contribution as that term is defined in Colorado Revised Statutes Section 1-45-103(6), as amended, may be accepted by a candidate for city council from persons, businesses, corporations and labor organizations. All campaign contributions and expenditures shall be reported and filed as required by law.

(b)

Except as otherwise provided in this subsection, reports that are required to be filed with the city clerk under the Fair Campaign Practices Act, Title 1, Article 45 of the Colorado Revised Statutes, must be filed no later than 120 days, 90 days, 60 days, 30 days, and 15 days before, and 30 days after, the major election and annually in off-election years on the first day of the month in which the anniversary of the major election occurs. Except for candidate committees and issue committees, a committee must file a report only if it has activity to report during the reporting period. For purposes of this subsection, "major election" means:

(1)

For any candidate for city council and the candidate's candidate committee, the election that elects the candidate to city council;

(2)

For any issue committee, the election that decides the city ballot issue that the issue committee is supporting or opposing;

(3)

For any political committee, the election in which it supports or opposes a candidate for city council;

(4)

For any small donor committee, the election in which it makes contributions to a candidate for city council;

(5)

For any independent expenditure committee, the election in which it makes expenditures in connection with a city election.

(Ord. No. 2985, § 1, 3-27-07; Ord. No. 3676, § 1, 10-8-24)

(a)

Coordinated elections. For November regular or special elections the city shall coordinate its election with the county unless otherwise directed by city council. No later than February 1 of each year, the city manager shall notify city council of the pending coordinated election.

(1)

Uniform Election Code. When regular or special municipal elections are coordinated with the county clerk, pursuant to Section 3.3 of the City Charter, and C.R.S. §§ 1-1-102 and 31-10-102.7, the Uniform Election Code shall be followed for the purpose of participating in coordinated elections.

(2)

Designated election official. For the purposes of coordinating regular or special municipal elections with the county, the city clerk shall be appointed as the designated election official for the purposes of performing acts required or permitted by law in connection with the election. The city clerk shall post the notice of election at least ten days prior to the election and until two days after the election in a conspicuous place in the office of the city clerk.

(b)

Non-coordinated special elections. A special election that is not coordinated with the county pursuant to subsection (a) of this section shall be subject to the following:

(1)

The election shall be conducted as a mail ballot election in accordance with the Colorado Municipal Election Code;

(2)

The use of voting machines and electronic voting systems is authorized in accordance with the Colorado Municipal Election Code.

(Ord. No. 3096, § 1, 5-12-09; Ord. No. 3256, § 1, 8-27-13; Ord. No. 3744, § 1, 8-26-25)

(a)

Charter amendments.

(1)

The city clerk is responsible for publication requirements for City Charter amendments and for general ballot questions.

(2)

The city clerk within 20 days after the approval of Charter amendments shall file with the Secretary of State, a certified copy of each Charter amendment, with the official tally of the votes for and against the amendment.

(b)

Taxpayers bill of rights ballot issues. The city clerk shall cause the notice required by Section 20(3)(b) of Article X of the Colorado Constitution to be prepared and transmitted to the county clerk at least 42 days prior to the election as required by C.R.S. § 1-7-904.

(Ord. No. 3256, § 2, 8-27-13)

(a)

The residence of a person is their primary home or place of abode at which the person has a physical presence on a regular basis and to which that person intends to return after a departure or absence. Before a candidate for councilmember, or mayor, is eligible for office, he or she must certify on forms provided by the city clerk that he or she meets the residency requirements for office.

(b)

After receipt of the form certifying residency, the city clerk shall verify that each candidate meets the requirement of residing in the city, and appropriate Ward if applicable, for 12 consecutive months by the date of the appointment or election. The city clerk shall confirm residency through the rolls of registered voters. If the candidate's residency cannot be verified through the rolls of registered voters, the city clerk shall request that the candidate provide a document from which the city clerk can verify eligibility. Examples of documents which may be submitted include:

(1)

Property records from the county assessor's office indicating that the candidate was the property owner of the primary residence for 12 consecutive months by the date the appointment will be effective;

(2)

A lease for the primary residence which is in the name of the candidate and includes the date of commencement;

(3)

A utility bill for the residence.

The candidate may provide documentation not included in this list. The city clerk shall determine whether the candidate has sufficiently proven compliance with the residency requirements.

The city clerk shall within one week of receipt of the documents, notify the candidate in writing if the documents are deemed insufficient to determine residency.

(c)

An appeal from any decision of the city clerk shall be directly to the district court for the county, by means of Rule 106(a)(4) Colorado Rules of Civil Procedure or other applicable procedure(s).

(Ord. No. 3517, § 1, 2-26-19)

(a)

A vacancy in the office of councilmember shall be filled in accordance with the requirements of section 4.5(b) of the City Charter, by a majority vote of the members of the council in office at the time, within 30 days of the vacancy, unless the vacancy occurs within 90 days of a regularly scheduled election for the vacant seat.

(b)

In the event that the vacancy occurs within 90 days of a regularly scheduled election for the vacant seat, then council need not fill the vacancy within 30 days of the vacancy.

(Ord. No. 3517, § 2, 2-26-19)

(a)

Pursuant to C.R.S. § 1-45-111.7(10), any complaint alleging that a violation of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, Title 1, Article 45 of the Colorado Revised Statutes, or rules adopted thereunder by the secretary of state has occurred in connection with a municipal campaign finance matter pertaining to a city election shall be timely filed with the city clerk not later than 180 days after the date on which the complainant either knew or should have known, by the exercise of reasonable diligence, of the alleged violation.

(b)

A complainant shall file the complaint in writing, sign the complaint, identify one or more respondents and provide the complainant's address and e-mail address and the respondent's address and e-mail address, if known.

(c)

The city clerk shall review the complaint within ten business days of receiving it to determine whether the complaint satisfies the requirements of subsection (b) of this section. After reviewing the complaint, the city clerk shall:

(1)

Dismiss the complaint if the city clerk determines that the complaint does not satisfy the requirements of subsection (b) of this section;

(2)

Refer the complaint to the secretary of state, in a form and manner determined by the secretary of state, within 14 business days of receiving the complaint if the city clerk determines that the complaint presents an actual or potential conflict for the city clerk or the city clerk's staff, as determined in writing by the city clerk. As provided in C.R.S. § 1-45-111.7(10)(g), the city clerk's determination that a conflict exists is not reviewable by the secretary of state;

(3)

Refer the complaint to a hearing officer appointed by the city manager within 14 business days of receiving the complaint if the city clerk determines that the complaint does not present an actual or potential conflict for the city clerk or the city clerk's staff;

(4)

Notify the complainant of the city clerk's action taken pursuant to this subsection by e-mail or regular mail if e-mail is unavailable.

(d)

The following shall apply to any complaint referred to the secretary of state pursuant to subsection (c)(2) of this section:

(1)

The secretary of state may use the provisions of C.R.S. § 1-45-111.7(3) through (7) to process, investigate, and resolve the complaint;

(2)

The filing of the complaint shall be in writing and signed by the complainant on a form provided by the secretary of state, including identification of one or more respondents and the information required to be provided on the form;

(3)

The city shall cooperate with the secretary of state in the processing and investigation of the complaint;

(4)

The city shall disclaim any interest in fines collected in connection with a complaint that the city clerk referred to the secretary of state.

(e)

The following shall apply to any complaint referred to a hearing officer pursuant to subsection (c)(3) of this section:

(1)

The filing of the complaint shall be in writing and signed by the complainant on a form provided by the city clerk;

(2)

The hearing officer shall conduct an initial review of the complaint to determine whether the complaint:

a.

Was timely filed with the city clerk pursuant to subsection (a) of this section;

b.

Specifically identifies one or more violations of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, or rules adopted thereunder by the secretary of state; and

c.

Alleges and provides sufficient facts and other information to support a factual and legal basis for the violations of law alleged in the complaint.

(3)

Within ten business days of a complaint being referred from the city clerk, the hearing officer shall take one or more of the following actions:

a.

Dismiss the complaint, in whole or in part, as appropriate, if the hearing officer determines that the complaint or part thereof does not satisfy the requirements of subsection (e)(2) of this section;

b.

Notify the respondent by e-mail or regular mail if e-mail is unavailable of the opportunity to cure violations alleged in the complaint pursuant to subsection (e)(4) of this section if the hearing officer determines that the complaint alleges a failure to file or otherwise disclose required information or alleges another curable violation;

c.

Schedule a hearing to hear and determine violations alleged in the complaint pursuant to subsection (e)(5) of this section. For a complaint that alleges both curable and non-curable violations, the hearing officer may decide whether to schedule a hearing on the complaint pursuant to subsection (e)(5) of this section after the hearing officer determines if the respondent cured all curable violations in accordance with subsection (e)(4) of this section.

(4)

The following shall apply to any determination of a hearing officer that a complaint alleges one or curable violations pursuant to subsection (e)(3)b. of this section:

a.

The respondent shall have ten business days from the date the notice is emailed or mailed to file an amendment to any relevant report that cures any deficiencies specified in the notice;

b.

The respondent shall provide the hearing officer with notice of the respondent's intent to cure and include a copy of any amendments to any report containing one or more deficiencies;

c.

Upon receipt of the respondent's notice of an intent to cure, the hearing officer may ask the respondent to provide additional information and may grant the respondent an extension of time to file an amended notice of intent to cure in order to respond to any such request;

d.

After the period to cure has expired, the hearing officer shall determine whether the respondent has cured any violation alleged in the complaint and, if so, whether the respondent has substantially complied with its legal obligations under Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, and rules adopted thereunder by the secretary of state. In determining whether the respondent substantially complied with such legal obligations, the hearing officer shall consider the extent of the respondent's noncompliance, the purpose of the provision violated and whether that purpose was substantially achieved despite the noncompliance, and whether the noncompliance may properly be viewed as an intentional attempt to mislead the electorate or election officials. If the hearing officer determines that the respondent substantially complied with its legal obligations, the hearing officer shall dismiss the complaint, in whole or in part, as appropriate. The order to dismiss shall specify the manner in which the respondent has satisfied the factors specified herein and shall be provided to the complainant and the respondent by e-mail or by regular mail if e-mail is unavailable. If the hearing officer determines that the respondent failed to substantially comply with its legal obligations, the hearing officer shall hold a hearing on the complaint pursuant to subsection (e)(5) of this section.

(5)

A hearing on a complaint is subject to the following:

a.

The hearing officer shall schedule the hearing to be held within 30 calendar days of determining to hold the hearing. The hearing may be continued upon the motion of the complainant or respondent for up to 30 calendar days or a longer extension of time upon a showing of good cause;

b.

The hearing officer shall by e-mail or regular mail if e-mail is unavailable provide a minimum of 15 calendar days' notice of the hearing to the complainant and respondent;

c.

Upon the request of the complainant or respondent, the hearing officer may issue an administrative subpoena requiring the attendance of a witness or party in relation to an alleged municipal campaign finance violation pertaining to a city election, which shall be served on the party to whom it is directed by the requesting party pursuant to Rule 4 of the Colorado Rules of Civil Procedure. It shall be unlawful for a witness or party to fail to comply with such subpoena, and any person convicted of a violation thereof shall be punished in accordance with Section 1-8(a) of City Code;

d.

The hearing shall be electronically recorded, and may be held virtually at the discretion of the hearing officer;

e.

The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The complainant shall have the burden of proof to establish that a violation alleged in the complaint occurred under a preponderance of the evidence standard. The respondent and complainant may present evidence to the hearing officer in the form of testimony, documents, rebuttal testimony, and opening and closing statements;

f.

The hearing officer shall issue a decision in writing within 30 business days of the hearing;

g.

If the hearing officer determines that a violation occurred, the hearing officer's decision shall include any appropriate order, relief, or sanction and may include, without limitation, sanctions as follows:

i.

Impose a civil penalty of at least double and up to five times the amount contributed, received or spent in violation of any contribution prohibition or limitation or in violation of a contribution reporting requirement;

ii.

Impose a civil penalty of $50 per day for each day that a statement or other information required to be filed pursuant to Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, or rules adopted thereunder by the secretary of state is not filed by the close of business on the day due, provided, however, that the hearing officer may waive the civil penalty, in full or in part, to the extent the hearing officer deems appropriate;

iii.

Order disclosure of the source and amount of any undisclosed contributions or expenditures;

iv.

Order the return to the donor of any contribution made which was the subject of the violation.

(6)

The city may pursue by any legal means for the collection of civil penalties imposed by a hearing officer pursuant to this section. The city clerk may also refer the matter for collection by whatever means are available to the city, including by a private collection agency, and the party responsible to pay the penalty may be assessed the cost of collection.

(f)

As used in this section:

(1)

City clerk means the city clerk or designee;

(2)

Conflict means the actual or reasonably perceived inability to process a campaign finance complaint or impose a remedy in a fair and impartial manner, including an actual or reasonably perceived bias or other factors that may impact the independence of the decision-maker regarding the complainant or a candidate;

(3)

Secretary of state means the Colorado secretary of state or designee.

(Ord. No. 3676, § 2, 10-8-24)

(a)

Purpose. The purpose of this article is to provide procedures by which the city can:

(1)

more precisely manage the placement of structures and/or facilities in the rights-of-way,

(2)

authorize construction activity, excavation, encroachments and similar activities within or upon any rights-of-way or land to be dedicated to the city as rights-of-way, so as to protect the integrity of the rights-of-way and safety of the public,

(3)

provide for communications conduits in connection with the installation and maintenance of utilities in the rights-of-way by third parties, and

(4)

require the installation of communications conduits in connection with the construction of new or reconstruction of existing rights-of-way.

To achieve these purposes, it is necessary to require users or occupiers of the rights-of-way, to obtain permission from the city to locate such structures and/or facilities in rights-of-way and to require persons engaging in construction activity in or affecting the rights-of-way to obtain permission and meet requirements of and operate consistent with the requirements of this article, and to provide for coordination of work affecting communication services in rights-of-way.

(b)

Objectives. The use of rights-of-way for location of structures and facilities employed in the provision of public utility services, cable services, information services, any type of communication services and/or telecommunication services will, in the interests of the general welfare, be accommodated; however, the city must ensure that the integrity of rights-of-way are adequately maintained for all purposes. In addition, the value of other pre-existing installations, roadways, structures, facilities and properties should be protected, competing uses must be reconciled, and the public safety preserved. This article is intended to strike a balance between the public need for efficient, safe transportation routes and the use and occupation of rights-of-way for location of structures and facilities by various entities for the provision of public services. The article thus has several objectives:

(1)

To manage rights-of-way so that the public safety is maintained and that public inconvenience is minimized.

(2)

To protect the city's infrastructure investment by establishing repair and maintenance standards for pavement, structures and facilities, and property in the rights-of-way, when work is undertaken in rights-of-way.

(3)

To facilitate placement of structures and facilities and other construction activity work conducted within the rights-of-way or affecting land to be dedicated to the city as rights-of-way through the standardization of regulations.

(4)

To establish efficient, effective and competitively neutral procedures for granting permission to users and occupiers of rights-of-way consistent with the evolving federal and state regulatory policies and thus promote competition for businesses supplying public services, including all types of utility services, telecommunication services, communication or information services, cable services and other technological development and advancements that utilize rights-of-way for the provision of services.

(5)

To conserve and fairly apportion the limited physical capacity of the rights-of-way held in public trust by the city for its citizens.

(6)

To provide for communications connection throughout the city by means of conduit, fiber and broadband connectivity which are critical and necessary for health, safety, education, commerce and improved quality of life for the residents of the city.

(7)

To promote cooperation and coordination among various users of the rights-of-way and the city and any work undertaken therein, in order to:

a.

Eliminate duplication that is wasteful, unsightly, or destructive of public property or facilities;

b.

Lower the user's and the city's costs of providing services to the public; and

c.

Minimize street cuts or other types of construction directly or indirectly related to uses within the rights-of-way.

(8)

To obtain fair and reasonable compensation for commercial use of rights-of-way, consistent with applicable law, so as to assure that the city can continue to fairly and responsibly protect the public health, safety, and welfare.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3655, § 1, 7-12-23)

This article shall provide the basic local process for any and all users of rights-of-way or persons or entities who wish to engage in construction activity, excavation or do work in, and/or requires use and/or occupancy of the rights-of-way and thus permission from the city to operate in or engage in construction in or in any way affecting the rights-of-way or land to be dedicated to the city as rights-of-way.

(Ord. No. 2804, § 1, 10-28-03)

Except as otherwise provided in this article, and to the extent provided by law, this article shall have no effect on any license, agreement, or franchise existing related to use or occupancy of rights-of-way as of the date of adoption of this article.

(Ord. No. 2804, § 1, 10-28-03)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means the person submitting an application.

Application means the process by which a person submits a request to perform construction activity in and/or indicates a desire to be granted permission in any way to utilize the rights-of-way of all, or a part, of the city. An application includes all written documentation, in whatever form or forum, made by a person to the city concerning: the installation of any type of public improvements, public utility facilities, the construction of a cable system or any type of information or telecommunications system over, under, on or through the rights-of-way.

Associated appurtenances means and includes pull boxes and rope, tracer wire and vaults and related materials.

Attached wireless facilities are those affixed to a structure except optical fiber, wires, coaxial cable and the mounting hardware used to attach optical fiber, wires, and coaxial cable. Examples of attached facilities include but are not limited to antennas, telephone boxes, power boxes, and other equipment boxes and cabinets on structures located on the ground.

Cable provider or cable operator means any person or group of persons (a) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

Cable service(s) means:

(a)

The one-way transmission to subscribers of (i) video programming, or (ii) other programming service; and

(b)

Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

Cable system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of Subchapter II of Chapter 5, Title 47, United States Code, except that such facility shall be considered a cable system (other than for purposes of Section 541(c) of Title 47) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with Section 573 of Title 47; or (e) any facilities of any electric utility used solely for operating its electric utility system.

City means the City of Thornton.

City cost means all costs borne by the city for the administration of this article.

City council means the Thornton City Council.

City manager means the Thornton city manager or designee.

Code means the Thornton City Code.

Conduit means a single enclosed raceway, pipe or canal and associated appurtenances for cables, fiber optics or other wires.

Construction activity means any use or storage of equipment or materials, or any labor performed on public or private property, including but not limited to, the construction, installation, maintenance and repairs of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, landscaping, bus shelters, bus pads, street lights, and traffic signal devices and other such public improvements. It shall also mean construction, installation, maintenance, and repair of all underground structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar structures located below the surface, and installation, maintenance and repair of overhead poles and wires used for the provision of any service or any other purpose.

Construction permit means the authorization to undertake any type of excavation or work, as defined herein, in the rights-of-way or to construct public improvements, as defined herein, in the city or undertake any construction activity within the city. A construction permit can be issued either as a ROW construction permit or as a site construction permit, as applicable.

Contractor means a person, partnership, corporation, or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, excavate, or add to any improvements or public improvements covered by this article, that requires work to be undertaken and workers, and/or equipment to be in the ROW in the process of performing the above named operations. Contractor, as the term is defined herein, should include any and all types of general contractor and subcontractor and successors or assigns of said contractor.

Customer means any person receiving for any purpose any service from a cable provider, telecommunications provider, utility provider or any type of communication or information service provider using the rights-of-way.

Degradation means a decrease in the useful life of the street improvements or damage to any landscaping within the rights-of-way caused by excavation in or disturbance of the ROW, resulting in the need to reconstruct the surface and/or subsurface structure of such ROW earlier than would be required if the excavation or disturbance did not occur.

Developer means a person, partnership, corporation, or other legal entity who is improving a parcel of land with the city and who is legally responsible to the city for the construction of improvements including public improvements within a subdivision or as a condition of a building permit.

Development Code means Chapter 18 of the City Code, as amended.

Development engineering manager means the person or designated representative assigned by the city within the city development department to fulfill the responsibility, duty, and authority associated with the position of development engineering manager or designee.

Direct cost means all necessary and usual costs associated with the placement of conduits, as determined and approved by the director or his or her authorized delegee. Direct costs includes the cost of the conduit and associated appurtenances placed and any incremental increase to the work within the ROW directly caused by the placement of city facilities.

Director means the deputy city manager of the infrastructure department for the city.

Emergency means any event which poses an imminent threat or may pose a threat to the public health or safety, or that results in an interruption in the provision of services including, but not limited to, damaged or leaking water or gas systems, damaged, plugged, or leaking sewer or storm drainage systems, damaged electrical and communication or information facilities, and advance notice of needed repairs is impracticable under the circumstances.

Excavate or excavation means to dig into, including boring into, or in any way remove, distribute or penetrate any part of a ROW.

Facilities means any and all equipment, structures, materials or tangible components located in the rights-of-way and used to provide a service, including without limitation: all plants, whether inside or outside, fiber strands or optic lines, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, antennas of any type, lines, termination equipment, pipes, poles, ducts, mains, conduits, inner ducts, regenerators, repeaters, underground lines, vaults, manholes, pull boxes, splice closures, wires and cables, and all other like equipment, fixtures and appurtenances used in connection with transmitting, receiving, distributing, offering, and/or providing such service. Facilities shall include, as the context dictates, wireless telecommunication facilities, as defined herein.

Final acceptance means that date in which the city agrees to accept any work under warranty as final and complete.

Franchise means a right granted by the city for use of the rights-of-way, or any other city-owned or city-controlled real property designated to be or actually used by public utilities, cable providers, or other operators/entities for which a franchise can be granted pursuant to law, for the construction, operation and/or maintenance of a public utility, or any type of cable system or other operations within all of the city or such portions therefore as may be proposed and authorized for such construction operation and/or maintenance, including the city's growth area. Any such authorization, in whatever form granted, shall not mean and shall not include any license or permit required for the privilege of transacting and carrying on a business within the city as required by this Code, other ordinances, resolutions or regulations of the city.

Franchise agreement means a contract entered into in accordance with the provisions of this article between the city and a person that sets forth, subject to this article, the terms and conditions under which a franchise will be exercised.

Franchisee means the person granted a franchise by the city council under this article, and any lawful successor, transferee or assignee of such person.

Information service(s) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.

Information services provider means any person or entity providing information services, as defined herein.

Initial acceptance means the date in which the city agrees to accept the work for warranty and maintenance, unless the work is landscaping, and is also commonly referred to as the date of substantial completion.

Inspector means the person designated by the city within the infrastructure department or the city development department to fulfill the responsibilities that have been empowered with such position.

Landscape means any combination of living plant material, such as trees, shrubs, vines, ground covers, flowers, vegetables, turf or grass; natural features, such as land and water forms; and structural features, including but not limited to landscaped pedestrian plazas, fountains, reflecting pools, screening, walls, fences and benches.

Major work means any reasonably foreseeable excavation that will affect the rights-of-way for more than five consecutive calendar days.

Open video service(s) means cable services provided to citizens of the city through an open video system.

Open video service provider or open video service operator means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in such open video system, or otherwise controls or is responsible for the management and operation of such an open video system.

Open video system means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, provided that the Federal Communications Commission has certified that such system complies with this 47 CFR 76.1500.

Permittee means any person making application for or in possession of any type of construction permit to perform any construction activity, excavation, or work within the corporate limits of the city.

Person means and includes any individual, corporation, partnership, association, joint stock company, trust or other legal entity and includes any such entity that is issued a construction permit, is granted a franchise pursuant to this article or is registered with the city authorizing placement of facilities in the city rights-of-way, but not the city.

Provider means any person including a franchisee who is providing or is in the process of seeking permission to provide a service to citizens of the city through the placement of facilities or structures either owned or leased in and thereby occupying the rights-of-way, as defined herein.

Public improvements means that work undertaken to install, repair, construct or maintain any structures or facilities in the city intended for public use including, but not limited to: roadways, streets, alleys, sidewalks, curbs, gutters, trails, crosswalk or other traffic markings or traffic structures, utilities (water, sanitary sewer, or storm sewer) either owned by or dedicated to the city, or over which the city has or there is recorded a public easement, any private access either owned or dedicated to the city, parking lots, or landscaping, whether privately or publicly owned or maintained, unless otherwise specifically exempted within this chapter.

Public utility or utility has the same meaning as such term(s) is defined in C.R.S. § 40-1-103, except as to telecommunication services, as defined herein.

Responsible party means any person or entity who owns facilities or structures located or to be located in the city rights-of-way and/or who is liable, whether financially or otherwise, for any installation, repair, or maintenance of facilities, or public improvements, either public or private, placed on or to be placed in the city rights-of-way.

Rights-of-way or ROW means the surface and space above and below any real property in which the city has a real property interest and/or which have been dedicated to the public or is hereafter dedicated to the public and maintained under public authority or by others at the direction of the public authority and located within the city including, but not limited to, public: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements, public ways and similar public property and areas.

ROW construction permit means a category of the general construction permit under the ordinance.

Sidewalk means a paved walkway or pathway for the purpose of pedestrian traffic abutting or running parallel or adjacent to a street.

Site construction permit means a category of the general construction permit that is issued under the ordinance.

Standards and specifications means the City of Thornton Standards and Specifications for the Design and Construction of Public and Private Improvements, latest revision, as approved by the city manager or designee.

Street, highway or roadway means the entire width between the boundary lines of every ROW or easement publicly or privately maintained and open to the use of the public for the purposes of vehicular travel.

Structure means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, service cabinets, junction boxes, foundations, fences, retaining walls, awnings, balconies, and canopies.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Telecommunication service(s) means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Telecommunication service provider or telecommunications carrier means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in 47 U.S.C. Section 226).

Telecommunication system means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. A system that provides both cable and telecommunications or information services may be considered both as a cable system and a telecommunications system pursuant to this Code.

Transportation and Mobility Master Plan means the Transportation and Mobility Master Plan, latest edition, or successor plans, as adopted by resolution.

Trenching by the city means a city funded and managed construction project in which a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure in excess of one mile in length. Trenching by the city does not mean or include any other activity or project for the construction or maintenance, including drainage or culvert work of a highway facility or right-of-way.

Warranty period means the two-year time period in which the responsible party is held liable for all work performed and materials utilized prior to final acceptance by the city.

Wireless facility(ies) means capital, equipment and property, including but not limited to the optical fiber, wires, pipes, mains, conduits, ducts, pedestals, antennas, cabinets and electronic equipment located in the streets used for transmitting, receiving, distributing, providing or offering wireless telecommunication services over the spectrum of radio frequencies licensed by the Federal Communications Commission.

Work means any and all types of construction activity or excavation performed within the city, in the ROW, and/or related to installation of public or private improvements in or on any property that is within the city limits or will be dedicated to the city as ROW. This does not apply to individual residential properties occupied by residents of the city, except for excavation identified in Chapter 22.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 1, 8-27-13; Ord. No. 3648, § 3, 4-11-23; Ord. No. 3655, § 2, 7-12-23)

Any person granted permission under this article to engage in excavation or work in the city ROW or use or occupy, or place structures or facilities in the ROW shall be subject to the police powers of the city, which include the power to adopt and enforce its Code, including amendments to this chapter, necessary to the safety, health, and welfare of the public. Any such person shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the city or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The city reserves the right to exercise its police powers, notwithstanding anything in this chapter and any permission granted to the contrary. Any conflict between the provisions of the chapter or the type of permission granted, and any other present or future lawful exercise of the city police powers shall be resolved in favor of the latter.

(Ord. No. 2804, § 1, 10-28-03)

(a)

To the extent permitted by law, any person or entity wishing to engage in construction activity, work or excavation related to facilities in or to be placed in and thereby occupying the city ROW must have permission to do so from the city in a form as prescribed by this section and/or by virtue of this article.

(b)

To the extent permitted by law, any persons or entity desiring to place facilities or structures in, or in any other way occupy the ROW, not already having permission to do so through agreement with the city or otherwise including, but not limited to, telecommunication service providers and information service providers, must obtain permission from city in order to occupy city ROW. Permission to occupy ROW may take the form of a franchise agreement, or other form of agreement. To apply for permission to occupy ROW a written request shall be submitted to the director or designee, which may be substantially in conformity with the following:

(1)

The name, mailing address, e-mail address, if applicable, and telephone number of the person or entity owning or having control over the facilities or structures which are intended to occupy the city ROW; and

(2)

The name, mailing address, e-mail address, if applicable and telephone number of designated contact person(s) or representative(s) of the person or entity registering; and

(3)

The name and telephone number of an emergency contact person who shall be available 24 hours per day; and

(4)

A statement as to the reason for a need to occupy the city ROW and a detailed description of all types and quantities of facilities and structures that are intended to be placed in the city ROW; and

(5)

A statement as to a prospective timetable or anticipated schedule of when the person or entity wishes to begin placing facilities or structures in the city ROW, whether such placement will require a construction permit issued pursuant to this article and whether an application for such a permit has been filed with the city; and

(6)

A processing fee in an amount as prescribed by resolution of the city council, which fee is directly related to the costs incurred by the city in processing and thereby registering the person or entity as having permission to occupy the city ROW.

(c)

Upon receipt of a requestor's complete application, the applicable process for granting permission to use or occupy ROW will be instituted. Within five business days of the receipt of an application, the city shall notify such person or entity if the application is complete as filed.

(d)

The director in any case may deny any person or entity permission to use or occupy city ROW.

(e)

The person or entity wishing to use or occupy who has been denied permission to occupy city ROW will receive a written explanation for such denial. Grounds for denial of permission shall be:

(1)

Any provisions of the Code or applicable regulations.

(2)

Existing or record of defaults under any other permits or agreements with the City.

(3)

Violations of applicable state or federal laws or regulations.

(f)

A person or entity receiving a notice of denial may appeal such decision in accordance with Section 2-282 herein.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 2, 8-27-13)

(a)

Application/generally.

(1)

Under this Code generally, an application for any type of construction permit is required to allow work within the city, including work within the ROW. An applicant shall file an application for a construction permit on a form supplied by the city development department; provided, however, landscaping work outside the ROW is excluded unless required by a development plan issued by the city. The application shall include the following:

a.

The name of the person or entity to whom the construction permit is to be granted, the address and the date a request for a construction permit is filed;

b.

The name and address of the developer and/or all contractors licensed to operate in the city, and the name who expects to do work or engage in construction activity or excavation pursuant to the construction permit;

c.

Detailed description of the construction activity, excavation, work or other activity proposed as applicable;

d.

A statement describing in detail the nature and purpose of the project including specifications as to the variety, type, and quantity of facilities expected to be placed in the rights-of-way;

e.

The location including mapping for the proposed construction activity, excavation, work, or other related activity in as accurate detail as possible, hereafter referred to as "the project," including engineering construction drawings and/or a site plan for the project including interface with the permittee's existing structures and/or facilities. All such information shall be provided in AutoCad Compatible format when available and that is compatible with the city's GIS software program;

f.

The type of existing public improvements (street pavement, curb and gutter, sidewalks, utilities or otherwise) impacted by the project;

g.

The proposed dates for beginning and ending the project; or, if an ongoing project, the estimated length of the project;

h.

Proposed hours for each day of the project;

i.

A plan for storage of equipment and materials for the duration of the project; and

j.

Itemization of the estimated total cost of the project including restoration costs anticipated to be needed for the project, as required to establish a performance bond, letter of credit, or other form of performance guaranty required to obtain a construction permit.

k.

To the extent the information required in this subsection (a)(1) is for a person or entity which is also a franchisee, or the information required by this subsection (a)(1) is required to be regularly provided by another agreement or arrangement with the city, this subsection (a)(1), shall not apply.

(2)

The applicant may be required to include evidence that all orders issued by the city to the applicant, requiring the applicant to correct deficiencies under previous permits issued under city ordinance have been satisfied and the applicant is in compliance with all city rules regarding rights-of-way. Failure to provide this information may result in the issuance of a permit being delayed or denied.

(3)

Attach copies of all other permits or licenses (including required insurance, deposits, bonding, and warranties) required for the proposed project in the city including any required document or agreement evidencing permission to use the city's ROW, unless permission has already been granted by a franchise or other form of agreement, if licenses or permits are required under the laws of the United States, the state of Colorado, or the ordinances or regulations of the city.

(4)

Include a statement indicating any proposed joint use or ownership of the facility, any existing facility or permit of the applicant at this location; any known existing facility of others with which the proposed installations might conflict; and the name, address and telephone number of a representative of the applicant available to review proposed locations at the site.

(5)

Pay the construction permit fees prescribed by this article. Permittee may request the city allow the establishment of an escrow account to cover charges for permits, which request will not be unreasonably withheld.

(6)

Applicants shall update any new information on construction permit applications within ten days after any material change occurs.

(7)

Any person submitting any type of application for a construction permit, as provided by this article, shall meet all additional requirements set forth in the city standards and specifications. Development projects that do not involve construction activity in or related to the ROW or public improvements shall be governed by the Development Code and the Standards and Specifications, as applicable.

(b)

Applications and Permits for Work within ROW. In addition to a construction permit, any person desiring to perform any work within the city ROW will be required to satisfy additional requirements, as described in this subsection (b).

(1)

Prior to performing any work within the city ROW, such person shall obtain from the city infrastructure department a ROW use agreement which shall, at minimum, meet the requirements of this article for issuance of a construction permit, and which shall be signed by the responsible party or agent thereof.

(2)

As a condition of performing work or excavation within the city ROW, the director may require the concurrent installation of empty shadow conduit with tracer wire and associated infrastructure. The size of the shadow conduit with tracer wire and associated infrastructure shall be determined by the city. The conduit and associated infrastructure shall be owned by the city and the direct cost of installing the city's conduit will be paid by the city. The director has the discretion to require the installation of such conduit when a permit is issued for the following:

a.

A pit, trench, hole, opening, digging or excavation across the entire paved width of a roadway;

b.

A pit, trench, hole, opening, digging or excavation of 100 feet or more parallel to a roadway; or

c.

Any other pit, trench, hole, opening, digging or excavation that provides a similar opportunity to install shadow conduit.

(3)

As a condition of performing any excavation or utility installation work in the ROW, the director may require that utility installations be coordinated with city street improvement projects or other public improvements or utility installations planned by the city, another telecommunications service provider, or other persons providing utility service within the city. The director may require that conduit be installed in the same or an adjacent location that the permittee proposes for excavation and, if so required, the permittee shall coordinate with the city and facilitate the installation of the city's conduit. The direct cost of installing the city's conduit will be paid by the city.

(c)

Joint applications.

(1)

Applicants for a construction permit may apply jointly for such permit that is to occur at the same time and place. Applicants who apply jointly for construction permits may share in the payment of the permit fee. Provided however, each applicant shall be jointly and severally responsible for performance pursuant to any type of performance guaranty. Applicants must agree among themselves as to the portion each shall pay. The fee for individual and joint permits shall be the same for one application.

(2)

Applicants who submit joint applications must each establish permission to place and use structures and facilities in the ROW.

(d)

Construction permit fees.

(1)

Amount of fee. Before a construction permit is issued pursuant to this article, a construction permit fee shall be paid, which shall be determined in accordance with a fee schedule adopted by resolution of the city council. Construction permit fees will be reasonably related to the costs inherent in managing the ROW or affecting any public improvements. These costs include, but are not necessarily limited to, administering the requirements of this article, the costs of permitting, verifying, and mapping ROW occupations and public improvement projects, inspecting job sites and ROW and public improvement restorations, and costs relating to the degradation of the ROW; i.e., the cost to achieve a level of restoration as determined by the city at the time the permit is issued to the extent authorized by law.

(2)

Reduction in degradation costs. The portion of the construction permit fee relating to degradation costs shall be reduced in cases where the applicant demonstrates to the satisfaction of the director that the excavation proposed will be used by three or more entities, legally and financially unrelated, for the installation, maintenance or repair of structures or facilities. The degradation cost portion of the construction permit fee shall be further reduced in cases where the applicant demonstrates to the satisfaction of the director that the excavation to be made will be commenced and completed during the 24-month period immediately prior to the scheduled repaving or resurfacing of a street, as indicated in the most recent edition of the city's repaving plan. There are no degradation costs for construction activity which excludes excavation and that does not involve material disturbance of public improvements in the right-of-way.

(3)

Requirements for permits, applicable fees, deposits, or bonds herein described shall not apply to city departments performing any construction activity or public improvements within city-owned property, ROW, or public easements.

(e)

Permit restrictions.

(1)

Construction, excavation or work area. No construction activity, excavation, or work shall be performed in an area larger or at a location different, or for a longer period of time than specified in the construction permit. If, after a project is commenced under an approved construction permit, it becomes necessary to perform construction activity, excavation or work in a larger or different area than originally requested or for a longer period of time, the permittee shall notify the director immediately, and within 24 hours (excluding holidays and weekends) shall file a request for a supplementary construction permit for an expanded project, and the permittee shall be billed for the additional amount owed.

(2)

Permit transferability or assignability. Any permittee may subcontract a project or portion thereof under a construction permit provided that the permittee shall be and remain responsible for the full performance under the construction permit and all insurance and financial security as required. Construction permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this article and agrees to be bound by all requirements of the construction permit assigned or transferred.

(3)

Developer ownership of public improvements. In the city, the physical construction of public improvements in new developments is the responsibility of the developer of the land. Ownership of the public improvements remains with the developer of the land until initial acceptance by the city. Any developer of land where the project includes construction of or affects existing public improvements that are within the ROW, but prior to acceptance by the city, shall obtain a construction permit pursuant to this article. The city will not initially accept public improvements, where such public improvements are not in accordance with applicable Standards and Specifications and applicable provisions of this article.

(4)

Operating without a permit. Any person found to be conducting any construction activity, work, or excavation activity without having first obtained any type of construction permit or other required permit(s), except for service connections or service lateral connections for new or existing subscribers, and/or unless otherwise specified by the conditions set forth in Section 2-281 shall immediately cease all activity (exclusive of actions required to stabilize the area), and be required to obtain all applicable permits before the project may be restarted. An additional surcharge shall be required in addition to all applicable permit fees. The amount of the surcharge shall be set by resolution of the city council. Any entity with facilities in the ROW may undertake routine maintenance on existing facilities without obtaining written permission of the director if it meets the conditions set forth in Section 2-276(c).

(5)

Time of completion. All activity covered by the construction permit shall be completed by the date stated on the construction permit application. Permits shall be void if activity has not commenced as required by the construction permit, unless an extension has been granted by the director. Performance bonds, letters of credit or letters of responsibility deposited as a performance/warranty guarantee for individual construction permits will be returned if voided, with administrative and any other city costs deducted.

(6)

Public safety. The permittee shall maintain a safe environment for the project, free of safety hazards. The city may make any repairs necessary to eliminate any safety hazards not performed as directed after permittee has been given an opportunity, upon at least 24 hours written or verbal notice, to repair the hazard. Any such repairs performed by the city shall be completed and billed to the permittee at applicable rates. The permittee shall pay all such charges within 30 days of the statement date. If the permittee fails to pay such charges within the prescribed time period, the city may, in addition to taking other collection remedies, seek reimbursement through the warranty guarantee. Furthermore, the permittee may be barred from performing any further work and, under no circumstances will the city issue any further permits of any kind to said permittee, until all outstanding charges have been paid in full.

(f)

Revocation of construction permits and stop work orders.

(1)

Permit revocation or suspension. Any type of construction permit may be revoked or suspended by the director or designee or as prescribed by the Standards and Specifications, upon at least 24-hour written notice of the basis for the city's action and after the permittee has had a reasonable opportunity to cure, for:

a.

Violation of any material condition of the construction permit or of any provision of this article or any violation of the Standards and Specifications;

b.

Violation of any provision of any other ordinance, rule, or regulation of the city or state law relating to the activity or project authorized by the construction permit; and

c.

The existence of any condition or the performance of any act which the city determines constitutes or causes a condition that may endanger persons or may constitute a threat of damage to the public health or property.

(2)

Stop work orders. A stop work order is hereby authorized to be issued by the director and/or as prescribed by the Standards and Specifications to any permittee under circumstances set forth in this subsection:

a.

Criteria for issuance of stop work orders are:

1.

Operations without a permit, except for routine maintenance or emergency repairs to existing structures or facilities as provided for in this article.

2.

Operating in violation of any provision or requirement of this section, or any other ordinance, rule or regulation of the city, or state law relating to the activity authorized by the construction permit, after having been given a reasonable opportunity to cure the violation; and

3.

Performing any act, which city determines constitutes or causes a condition that endangers either life or property.

b.

Effective immediately. Stop work orders issued by the director shall take effect immediately upon written notice to the permittee by mail and upon service of the stop work order to any person employed by or under contract with the permittee at the job site, for issuance by mail the permittee's last known address is sufficient. Upon receipt of the stop work order, all activity is to cease except for those activities that are necessary to make the work area safe, or to end the disruption to traffic, or to protect people or property and upon request of the permittee, if approved by the director. Provided however, the permittee may continue to work so long as such work is in an effort to immediately cure the violation or conditions that caused the stop work order. If the condition that precipitated the stop work order is cured to the satisfaction of the city, the stop work order will be immediately lifted.

c.

Appealing a suspension, revocation, or stop work order. Any suspension or revocation or stop work order may be appealed by the permittee to the city building code advisory board by filing a written notice of appeal within 30 days of the action.

(3)

Performance bond/letter of credit.

a.

Performance guaranty.

1.

No construction permit shall be issued for excavation, construction activity, or work within the city ROW until the applicant therefore shall first deposit, unless otherwise agreed upon between the city and the permittee by agreement or contract, with the city a cash escrow or letter of credit acceptable to the city in an amount determined by the city engineer utilizing the cost data manual as published by the state department of transportation, latest revision or other generally accepted engineering methodology to establish estimated costs, to be sufficient to cover the entire value of the project as specified under the conditions of the ROW construction permit.

2.

No construction permit shall be issued for construction activity, excavation or work activity within the city in connection with a commercial or residential development project unless the applicant shall first deposit, unless otherwise agreed upon between the city and the permittee by agreement or contract, with the city a cash escrow or other form of performance guaranty acceptable to the city in an amount determined by the development engineering manager utilizing the cost data manual as published by the state department of transportation, latest revision, or other generally accepted engineering methodology to establish estimated costs to be sufficient to cover the entire expense of replacing any materials removed or damaged during construction as specified under the conditions of the site construction permit.

3.

The performance guaranty provided for in either subsection 1. or 2. of this section shall be conditioned upon the permittee's faithful performance of the duties prescribed in this section, all provisions of city ordinances, rules and regulations, and upon payment of all judgments and costs rendered against the applicant for any material violation of city ordinances or state statutes that may be recovered against the applicant by any person for damages arising out of any negligent or wrongful acts of the applicant in the performance of activity authorized by the construction permit. If the performance guaranty is in the form of a performance bond, the city may bring an action on the performance bond or letter of credit on its own behalf or on behalf of any person so aggrieved as beneficiary. The performance bond or letter of credit must be approved by the city as to form and as to the responsibility of the surety thereon prior to the issuance of the construction permit.

4.

If the security deposited with the permit application is at any time deemed to be insufficient, the permittee shall, within ten days after receiving notice of such deficiency from the city, deposit with the city such additional security as the city engineer or development engineering manager considers necessary to correct the deficiency. Failure to deposit such funds within the prescribed time allotted shall result in the revocation of any applicable permits until at such time as all security deposit conditions have been satisfied.

5.

The city shall refund to the permittee 85 percent of any applicable deposits or guarantees within 60 days of the initial acceptance of any construction activity, with the exception of any such activity relating to a specific street cut into an existing street, in which case 100 percent of any applicable deposit or guaranty shall be retained until the final acceptance, as defined in this chapter.

6.

Any remaining deposit or type of performance guaranty which has not been refunded by the city, as specified in subsection 3. of this section, shall be held in escrow until at such time as the conditions of any warranty periods have been satisfied. The development engineering manager shall then cause the remainder of any such deposit or other form of guaranty to be released. In the event the permittee fails to perform any replacement/repair work within 60 days following written notification of work deficiencies, the director shall utilize the proceeds of the deposit or other guaranty to cause the replacement/repair work to be completed.

7.

Any deposit, escrow, or other means of performance guaranty which has been retained by the city until the satisfactory completion of the final acceptance or warranty period which has been deemed refundable to the permittee, shall be returned within 60 days following the end of the one-year warranty period. In the event that such funds remain unclaimed, provisions pursuant to Article II of Chapter 26 shall apply, unless as otherwise stated in this chapter.

b.

Letter of responsibility. A letter of responsibility in a form acceptable to the city, which may include a letter of credit, will be accepted in lieu of a performance guaranty from all public utilities, all franchised entities or telecommunications service providers owning and operating facilities in the ROW within the city.

(g)

Inspections of activity authorized by construction permits. The city shall have the right to make inspections at any time, to reject any work or materials which are defective or do not materially conform to the requirements of this Code, the approved plans, or Standards and Specifications.

(1)

Upon review of the application for a construction permit, the director shall determine how many inspections, if any, may be required. For most construction permits, the inspection procedure will entail the following:

a.

The city may conduct a pre-construction inspection, to determine any necessary conditions for the construction permit; however, issuance of a construction permit is not conditioned upon a pre-construction inspection.

b.

The permittee shall notify the city before the project begins and the city shall conduct periodic inspections as operations are completed.

c.

The city shall inspect the completed project within 21 days of the city's receipt of the permittee's written and dated request for initial acceptance. Initial acceptance will be given if activity authorized meets city and construction permit standards.

d.

Approximately 30 days prior to the expiration of the two-year guaranty, the city shall conduct a final acceptance inspection of the completed work. If the work is still satisfactory the bond or letter of credit shall be returned or allowed to expire, with a letter of final acceptance, less any amounts needed to complete specified activity not completed by permittee.

(2)

For any activity that does not involve material disturbance in the ROW, the director may waive the final acceptance inspection and any type of performance guaranty.

(h)

Traffic control.

(1)

Traffic control plan. When it is necessary to obstruct traffic, a traffic control plan shall be submitted to the city prior to starting any installation, repair, construction or excavation, except as provided in applicable provisions of the Manual on Uniform Traffic Control Devices or any successor publication thereto shall be used as a guide for all maintenance and construction signing. The permittee shall illustrate on the construction permit the warning and control devices proposed for use. At the direction of the director, such warning and control devices shall be modified. No construction permit will be issued until the plan is approved by the city which approval shall not be unreasonably withheld or denied. The permittee shall use extra care so as to minimize disruption to adjacent property and drives and to provide access to parking areas during the project. If access to private property must be blocked, then the permittee shall develop an access maintenance plan in coordination with and based on all reasonable requirements of the affected property owners and tenants, and submit it to the city. No permittee shall block access to and from side streets, alleys, maintenance roads, walkways, driveways, sidewalks, bike paths, fire hydrants, fire stations, fire escapes, mail boxes, dumpsters, parked vehicles, water valves, underground vaults, valve housing structures, or any other vital equipment unless the permittee demonstrates to the city that he/she has worked with the owner or occupant of the facility to minimize potential impacts.

(2)

Street closures. If a street closing is desired, the permittee will request the assistance and obtain the approval of the city. It shall be the responsibility of the permittee to develop a detour and signing plan, provide advance warning signs to advise drivers of the street closure and deliver notices to the affected properties a minimum of 48 hours prior to any street closure. The city may also require and the permittee shall agree to attend a public hearing regarding the street closure. It shall be the responsibility of the permittee to notify and coordinate all activity in the public way with police, fire, ambulance, other governmental entities, and transit organizations.

(3)

Flag persons. When necessary for public safety, the permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the director.

(4)

Acceptable hours of construction. Hours for all construction activity shall be performed in compliance with the traffic control permit for the flow of traffic on local, arterial or collector streets upon applicable conditions and restrictions. No construction activity shall be performed in the public way that involves activities that generate noise levels that constitute a public nuisance as defined in the noise control provisions of Section 38-441 without the approval of the director unless otherwise authorized by the city.

(5)

Traffic control devices. Effective work area traffic control must be provided for all street installation, repair, construction, excavation and maintenance in order to provide for the safety of the workers, vehicular users, and pedestrians. The type of traffic control should be selected based upon the type of roadway, traffic conditions, duration of operation, physical constraints, and the proximity of the activity to traffic. All traffic control devices and advance warning signs used shall conform to the applicable specifications in Part VI of the Manual on Uniform Traffic Control Devices. Traffic control devices are to be supplied by the permittee. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights.

(6)

Prohibited methods of illumination. Oil flares or kerosene lanterns are not allowed as means of illumination. Nighttime work area flood lighting shall not be allowed to spill out of the construction area in such a way as to disturb, annoy, or endanger the comfort, health or peace of others.

(7)

Maintenance and construction signing. The contractor shall be responsible for maintaining all area signing and barricading during construction operations as well as any signs and barricades that are needed to protect roadway users and pedestrians during non-work hours. During non-work hours, all construction area signs that are not appropriate shall be removed, covered, or turned around so that they do not face traffic. Any deficiencies noted by the city shall be corrected immediately by the contractor. If contractor is not available or cannot be found, the city may make such corrections and the contractor shall pay the actual costs plus a penalty of 50 percent of the amount thereof.

(8)

Traffic control costs and responsibilities. All costs related to developing a project area traffic control plan, and implementing the traffic control plan, as well as maintaining the traffic control elements are the responsibility of the permittee.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 2935, § 1, 1-10-06; Ord. No. 3210, § 1, 9-11-12; Ord. No. 3257, § 3, 8-27-13; Ord. No. 3655, §§ 3, 4, 7-12-23; Ord. No. 3745, § 3, 8-26-25)

(a)

Application contents.

(1)

To the extent provided by law, and unless permission to occupy ROW has been granted by the city or otherwise, any cable service provider, open video service provider or any other type of multi-channel video service provider, electrical, gas, or other utility service shall file an application for a new franchise, thereby requesting permission to occupy, operate, place or maintain any facilities in the ROW in order to provide a service for an agreed upon term to citizens within the city. The application shall be filed with the city manager's office and shall explicitly request the city issue a franchise to the applicant. The application may be in letter form and must include at a minimum the following:

a.

A description of the type of system to be installed to provide service within the city and a detailed map or computer rendering as accurate as possible indicating all areas proposed to be served, and an estimated time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served.

b.

At the time of making an application for a franchise within the city or at the time of applying for a transfer or renewal of an existing franchise, the applicant shall make a partial payment of the expenses related to issuance of a franchise by the city in the form of a deposit to the city in the amount of $5,000.00.

c.

A statement identifying the applicant and its legal status and shall state:

1.

If the applicant is a corporation, the officers should be listed with address, phone and email contacts, along with the registered agent's name, address, phone and e-mail address.

2.

If the applicant is an LLC, the members should be listed with addresses, phone and e-mail addresses.

3.

If the applicant is a partnership, the partners should all be listed with addresses, phone and e-mail addresses.

4.

If the applicant is none of the above, the addresses, phone numbers, e-mail addresses and contact persons should be included in the statement.

(2)

The director will review the application to determine compliance with this section. If the application is deemed incomplete, it may be returned to the applicant. Completeness is determined by the director.

(b)

Grant of franchise.

(1)

Upon receipt of a complete application for a franchise, a nonexclusive franchise agreement with the city may be approved by ordinance of the city council to any person or entity, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any ROW, such poles, wires, cables, fiber optics, conductors, ducts, conduit, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other facilities as may be necessary and appurtenant to provide such services as applicable law allows and thereby occupy the rights-of-way upon a negotiated franchise agreement.

a.

In addition, a franchise, as authorized by law, may be granted to use, occupy, operate, and provide similar facilities or properties rented or leased from other persons, including but not limited to any other public utility or other entity permitted to do business in the city.

b.

Any applicant for a franchise shall, before any construction is undertaken pursuant to a grant of a franchise, secure a construction permit pursuant to Section 2-272, as applicable.

c.

In making any determination whether to approve the granting of a franchise, and to the extent permitted by applicable federal or state law, the city council may give due consideration to the broad categories of the services proposed; experience, character, background, and financial responsibility of any applicant, and its management and owners; technical and performance quality of equipment; customer service; willingness and ability to meet construction and physical requirements, and to abide by this article's limitations and requirements.

(2)

Following a public hearing on any request for a franchise, the city council may award a franchise, and approve a franchise agreement which embodies the grant of a franchise, by ordinance.

(3)

Contemporaneously with the city council's consideration of a request for a franchise, a franchise agreement will also be considered for approval, which agreement shall have been prepared and provided to the applicant for negotiation when an application is accepted. Such franchise agreement shall include provisions to address the following:

a.

That the franchisee shall maintain its systems to meet the highest practicable level of quality and reliability, making repairs promptly and interrupting service only for good cause. Good cause shall mean when service interruptions are caused by the following circumstances: fire, flood, earthquakes, tornadoes, landslides, strikes, war, orders of military authority, or riots. Planned interruptions shall be preceded by timely notice given to customers and the city, except for cases of emergency outage repair.

b.

That the franchisee shall operate and maintain its system in full compliance with applicable standards set forth by the appropriate jurisdictional regulator, such as the state public utilities commission, the Federal Communications Commission, or the Federal Energy Regulatory Commission.

c.

That except as otherwise specifically agreed or as required by the PUC, as applicable, the franchisee shall provide service, at the earliest practicable time, to any areas of the city where the boundaries are expanded by the city into the franchise service area during the term of the franchise agreement.

d.

That to the extent such provisions may be required pursuant to applicable state or federal law, the franchisee shall provide the city with notice of any decision or any regulatory proposal to change its rates to customers for the services provided in the city, including where the filing for the rate change was made and the basis for the proposed rate change with supporting data. Where rates are subject to regulatory approval, such notice to the city shall be provided with sufficient time to give the city an opportunity to intervene in any proceeding related to the proposed rate change.

(c)

Franchise restrictions.

(1)

No franchise granted under this article shall become effective for any purpose unless and until the franchisee has filed written acceptance thereof with the city clerk. Written acceptance, which shall be in the form approved by the city attorney, shall also be and operate as an acceptance of each and every term and condition and limitation contained in this article and in the franchise agreement.

(2)

In no event shall a franchise agreement be sold, transferred, subleased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation, change in control by stock exchange, or otherwise, other than to a person controlling, controlled by or under common control with the franchisee, without proper consent of the city council and under such conditions as may be prescribed within such franchise agreement. No such consent shall be required for a transfer in trust or mortgage, in whole or in part, to secure an indebtedness.

(3)

The franchisee shall at all times during the term of any franchise agreement be subject to all lawful exercise of the police power by the city. The city reserves the right to adopt from time to time, in addition to the provisions contained in this article, such ordinances as may be necessary in the exercise of its police power. No provision in any franchise agreement shall be deemed to restrict the city exercise of its police power.

(4)

In case of any emergency or disaster, the franchisee shall, upon request of the city, make available its facilities to the city for emergency use during the emergency or disaster period.

(5)

Subject to a negotiated line extension policy, where applicable, no person within the service area of the franchisee and where adequate facilities are in place shall be refused service; provided, however, that the franchisee shall not be required to provide service to any customer who does not pay the applicable connection fee or service charge.

(d)

Franchise term; duration; termination and extension.

(1)

Any franchise agreement granted by the city under this article shall be for a term of 20 years or less from the date of its acceptance by the franchisee and no franchise agreement shall be exclusive.

(2)

Any franchise agreement negotiated pursuant to the provisions of this article shall include a provision allowing termination in the event of the willful failure, refusal, neglect, or inability by the franchisee to comply with any requirement or limitation contained in this article or the franchise agreement.

(3)

Each franchise agreement shall provide for a procedure for the city to make written demand that the franchisee comply with such requirement, limitation, term, condition, rule or regulation of this article.

(4)

By adoption of the ordinance as contemplated by this article regarding approval of a franchise agreement pursuant to this article, the city assumes no liability whatsoever for any claims, damages, or causes of action whatsoever which may arise from the city's approval of any such franchise agreements.

(e)

Additional requirements. The requirements of this section shall be required for a franchise agreement to be approved by the city in addition to all other applicable requirements of this article, as applicable. Nothing herein shall be construed to preclude the city from approving by ordinance a franchise agreement that exceeds the requirements of this article.

(f)

Renewal. The application provision of this section shall not apply to renewal proceedings for a franchise providing cable services in existence at the time this article takes effect only to the extent the franchisee is renewing the franchise agreement for cable services in accordance with 47 U.S.C. § 521 et seq. Renewals for cable services will be negotiated pursuant to existing applicable law.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 4, 8-27-13)

(a)

ROW meetings. All persons granted a franchise or who have been issued any type of construction permit shall make reasonable efforts to attend and participate in meetings of the city, upon reasonable notice, regarding ROW issues that may impact facilities, or structures in the ROW.

(b)

Minimal interference. The director shall have the authority to assign locations of new facilities and structures in the ROW for reasons related to public health, safety and welfare. Such authority shall include requiring alternative locations for such structures and facilities when space restrictions are evident or for any reason that involves public health or welfare, rather than the preferred locations proposed by persons wishing to use and/or occupy the ROW. All work in the ROW or near public or private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. All facilities and structures shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the city, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the ROW by, or under, the city's authority. All public improvements wherein facilities and structures are installed shall be in accordance with applicable city standards and specifications. Ten feet minimum horizontal clearance and 18-inch minimum vertical clearance shall be provided between facilities and water and sewer mains. If the minimum horizontal and vertical clearances are not adhered to then the permittee assumes all risk of damage and loss arising out of failure to comply with required clearances. Facilities and structures shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with planned improvements of the city, or to unnecessarily hinder or obstruct the free use of the ROW or other public property, and shall not unreasonably interfere with travel by the public and the use of public places during the construction, maintenance and repair, operation or removal thereof.

(c)

Underground construction, use of poles.

(1)

Unless otherwise provided herein, when required by general ordinances, resolutions, regulations or rules of the city or applicable state or federal law and unless otherwise prohibited by law, facilities shall be placed underground at no cost to the city. Where facilities are installed underground at the time of construction, or when all such facilities are subsequently placed underground, all facilities shall also be placed underground at no expense to the city unless funding is generally available for any such relocation to all users of the ROW. Placing facilities underground does not preclude the use of ground-mounted appurtenances; however, related equipment or structures, such as pedestals, must be placed in accordance with the city's applicable rules, standards and specifications, and code requirements. For purposes of this section, appurtenances shall mean transformers, switching boxes, gas regulator stations, terminal boxes, meter cabinets, pedestals, ducts, substations, system amplifiers, power supplies, optical nodes, pump stations, valves and valve housings, and other devices necessary to the function of underground electric, communications, cable television wiring, coaxial, fiber optic, water, sewer, natural gas, other utility lines, and street lighting circuits.

(2)

In areas where existing facilities are aerial, unless otherwise required by the Development Code, aerial facilities may be installed. For above-ground facilities, existing poles should be utilized wherever possible, although attachment to ornamental poles is prohibited.

(d)

Shared use by city.

(1)

Any provider granted permission to construct in, or place in and use facilities or structures in and thereby occupy the ROW shall allow the city to place its facilities in the trenches and bores for city purposes, provided the city gives notice of its intent to share trenches and boring before such trenching and boring begins and city agrees to pay any additional costs. Should the city desire to install ducts or conduit for placement of its facilities, then the permittee shall allow the city to place these facilities in the permittee's trenches and bores, for any city purpose, provided the city pays any incremental cost increase for placement of city facilities. The city shall be responsible for maintaining its respective facilities buried in the permittee's trenches and bores under this paragraph. Joint trench or share bores or cuts shall be required in all instances where applicable and coordinated construction scheduling is required whenever it is possible and reasonably practicable so as to reduce so far as possible the number of ROW cuts within the city and the amount of time that pedestrian and vehicular traffic is obstructed or impeded. The city is solely responsible for obtaining any additional permits that may be needed in advance. If the city fails to obtain other applicable necessary permits in a timely manner, permittee has no obligations under this subsection. City shall be responsible for all damages related to its use of the right-of-way.

(2)

The city may install or affix and maintain its own facilities for city purposes in or upon any and all of the ducts, conduits or equipment or other facilities in the ROW, at a charge to be negotiated between the parties, to the extent space therein or thereon is reasonably available, and pursuant to all applicable city ordinances or requirements so long as the city purposes are not in competition with permittee when using permittee's ducts, conduits or equipment. For the purposes of this subsection, "city purposes" includes, but is not limited to, the use of the structures and installations for city fire, police, traffic, water, telephone, and/or signal systems.

(3)

Common users.

a.

The ROW has a finite capacity for containing facilities or structures. Therefore, whenever the city determines it is impracticable to permit construction of an underground conduit system by any other entity which may at the time have authority to construct or maintain conduits or ducts in the ROW, but excluding entities providing services in competition with other entities, and unless otherwise prohibited by federal or state law or regulations, the city may require any provider to afford to such entity the right to use surplus ducts or conduits in common with other entities provided space is available, pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into and between other entities. Nothing herein shall require such an agreement if, upon reasonable determination, such an agreement could compromise the integrity of entity's facilities.

b.

Any provider granted permission to construct in, or place in and use facilities or structures in and thereby occupy the ROW shall give a common user, pursuant to this section, a minimum of 120 days notice of its need to occupy a conduit and shall propose that the common user take the first feasible action as follows:

1.

Pay revised conduit rent designed to recover the cost of retrofitting the conduit with space-saving technology sufficient to meet the current occupier's space needs;

2.

Pay revised conduit rent based on the cost of new conduit constructed to meet current occupier's space needs;

3.

Vacate the needed ducts or conduit; or

4.

Construct and maintain sufficient new conduit to meet current occupier's space needs.

c.

When two or more common users occupy a section of conduit facility, the last user to occupy the conduit facility shall be the first to vacate or construct new conduit. When conduit rent is revised because of retrofitting, space-saving technology or construction of new conduit, all common users shall bear the increased cost.

(e)

Conduit Requirements - New Streets. Unless waived by the city based on undue burden as determined by the city or unavailability of sufficient city funding, whenever any new public street is constructed, whether by the city as a public works project or by a developer or other private party in conjunction with development, the following shall be required:

(1)

For all new principal arterial streets, as defined in the City's Development Code and Standards and Specifications, as they may be amended from time to time, a minimum of two four-inch conduits shall be installed by the party constructing the street. The city will either provide the conduit for installation or reimburse the party responsible for installing the conduit for the cost of the conduit.

(2)

For all new major collector or minor arterial streets, as defined in the City's Development Code and Standards and Specifications, as they may be amended from time to time, a minimum of two two-inch conduits shall be installed by the party constructing the street. The city will either provide the conduit for installation or reimburse the party responsible for installing the conduit for the cost of the conduit.

(3)

In addition to installing conduit, the party constructing the street will be required to install such vaults and other appurtenances as may be necessary to accommodate installation and connection of broadband facilities within the conduit.

(4)

At the discretion of the director, the number and size of the conduit and spacing of pull boxes required pursuant to paragraph (1) and (2) above may be modified to address the reasonably known plans and/or demand for broadband capacity in these locations. If determined that additional conduits are required, the city shall be responsible for the cost of the conduits and associated appurtenances.

(5)

All construction and installation shall be accomplished according to construction standards adopted by the city. The construction standards shall be adopted with due consideration given to existing and anticipated technologies and consistent with industry standards.

(6)

All facilities installed by developers or other private parties pursuant to this [section] shall be conveyed and dedicated to the city if and when the street and/or way is dedicated to the city.

The intent of this subsection is to provide for the construction of infrastructure sufficient to allow broadband communications entities desiring to deploy facilities in the future to do so by pulling the same through the conduit and appurtenances installed pursuant to this subsection and without excavating within the public ways. This subsection is not intended to require owners of broadband facilities or other conduit to install additional ducts or conduit in existing public ways; rather, it is intended to require those constructing public streets, including the city and developers to provide and install such conduit and appurtenances as may be necessary to accommodate future broadband needs within the public ways without further excavation. The city reserves the right to charge reasonable fees for the use of conduit installed pursuant to this subsection to the extent consistent with and as limited by federal and state laws.

(f)

Additional Requirements. All structures and facilities in the ROW shall meet any applicable local, state, including but not limited to Colorado Department of Transportation regulations and requirements, and federal clearance and other safety requirements including the city's standards and specifications, be adequately grounded and anchored, and meet the provisions of contracts executed between the current occupier and the other common users. A current occupier may, at its option, correct any attachment deficiencies and charge the common user for its costs. Each common provider shall pay for any fines, fees, damages or other costs directly related to the common provider's attachments.

(g)

Notice of trenching by the city. Pursuant to the Colorado Broadband Deployment Act, the city will provide ten days' notice in advance of trenching by the city to those agencies and entities registered on the notification list created and maintained by the Colorado Department of Transportation. Such notice is specifically limited to trenching by the city as defined herein and nothing in the Colorado Broadband Deployment Act or this code requires the city to provide notice of other city or city permitted activity in city right-of-way.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 5, 8-27-13; Ord. No. 3655, § 5, 7-12-23)

(a)

Reduction of disruption and interference. Excavations in city ROW disrupt and interfere with the public use of city streets and damage the pavement and landscaping. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among all entities making excavations in city ROW and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure the excavations in city ROW are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the city.

(b)

Excavation master plan. Any provider owning, operating or proposing to install facilities or structures in or occupying the ROW for providing water, sewer, gas, electric, cable, video or other utility, or informational or wireless communication services, shall meet annually with the director, at the city manager's or designee's request to discuss the provider's excavation master plan. At such meeting, to the extent not already in possession of the city, provider shall submit documentation, in a form required by the director including as built drawings, digital and software compatible GIS formats, showing all locations of the provider's existing facilities in the city ROW. Provider shall discuss with the director, its excavation master plan, and identify planned major excavation work in the city known at that time. The director may make his own record on a map, drawing or other documentation, of each provider's planned major excavation work in the city; provided, however, that no such document prepared by the director shall identify a particular entity, or the planned major excavation work of that particular entity. The provider shall meet with the director to discuss an initial excavation master plan no later than 60 days after submitting a construction permit application. Thereafter, each provider shall submit annually, on the first regular business day of January, a revised and updated excavation master plan. As used in this subsection, the term "planned major excavation work" refers to any future excavations planned by the provider when the excavation master plan or update is submitted that will affect any city ROW for more than five days at any given location, provided that the provider shall not be required to identify future major excavations planned to occur more than two years after the date that the provider's master plan or update is discussed. Between the annual meetings to discuss planned major excavation work, provider shall use its best efforts to inform the director of any substantial changes in the planned major excavation work discussed at the annual meeting.

(c)

Repaving plan. The director shall prepare a repaving plan showing the street resurfacing planned by the city. For purposes of this section, the repaving plan shall include a landscaping or other ROW improvement plan. The repaving plan shall be revised and updated on an annual basis after meeting to discuss the provider's and the city's master plans and updates. The director shall make the city's repaving plan available for public inspection. In addition, after determining the street resurfacing work that is proposed for each year, the director shall send a notice of the proposed work to all providers that have had an annual meeting with the director.

(d)

Coordination with repaving plan. Prior to applying for a construction permit, any permittee planning to excavate in the city's ROW shall review the city's repaving plan on file with the director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such ROW.

(e)

Locating facilities. In performing locates of facilities in the ROW in preparation for construction, a provider shall compile all information obtained regarding its or any other facilities in the ROW related to a particular permit to the best of permittee's knowledge, and shall make that information available to the city in a written and verified format pursuant to written city policy.

(f)

Documentation of location of provider's facilities. Prior to undertaking any work in the ROW the city may notify all providers of a city project involving work to be performed in the ROW. Upon such notification, all users or their designated locate service providers shall, within seven days, locate their facilities in the ROW in which the work will be performed, and provide documentation in a format pursuant to written city policy of the provider's facilities in that ROW. If the provider fails to provide the locate information requested by the city, the city may obtain this information and charge the provider the actual costs for obtaining the information.

(g)

Joint excavation.

(1)

Public entity and special districts excavators. Whenever two or more public entity excavators propose major work in the same block [within a year], such [excavation] work shall be performed by one public entity excavator when practical. The participants to the excavation shall pay their pro rata share of the [excavation] work, or as otherwise agreed to by the affected public entities. For purposes of this subsection a, the public entity excavators shall be treated as a single permit applicant and shall submit one application.

(2)

Private entity excavators. Whenever two or more private entity excavators propose major work in the same block [within a year], such [excavation] work shall be performed by one private entity excavator if possible. For purposes of this subsection b, the private entity excavators will coordinate to determine who will perform that excavation work. Both entities will maintain separate and distinct permits for the purpose of their intended projects. If the city has an interest in installing conduit in the same location, the permittee shall install the city's conduit and charge the city the direct cost associated with such installation if and as provided in this Article.

(3)

Public entity excavator and private entity excavator. Whenever one or more public entity excavator(s) and private entity excavator(s) propose major work in the same block [within a year], the department shall place conditions on permits for such work in a manner that maximizes coordination and minimizes the total period of construction. If the city has an interest in installing conduit in the same location, the permittee shall install the city's conduit and charge the city the direct cost associated with such installation if and as provided in this Article.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3655, § 6, 7-12-23)

(a)

Notification association. Before placing any facilities or structures in the ROW, any provider shall become a member of the Utility Notification Center of Colorado (UNCC), and shall comply with all requirements provided in C.R.S. § 9-1.5 et seq. In addition, all persons moving, maintaining, construction, repairing or otherwise working on facilities in the ROW are responsible for making inquiries of all ditch companies, utility companies, districts, local government, and all other agencies that might have facilities in the area where construction is to occur to determine possible conflicts.

(b)

Field locates. All providers shall contact the UNCC and request field locations of all facilities in the area pursuant to UNCC requirements. Field locations shall be marked prior to commencing work and users shall support and protect all pipes, conduits, poles, wires, or other apparatus which may be affected by the work from damage during construction.

(c)

Noise, dust, debris, hours of work. Any person conducting work in the ROW shall do so in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, all providers shall take appropriate measures to reduce noise, dust, and unsightly debris. No work shall be done between the hours of 9:00 p.m. and 6:00 a.m., except as authorized by the city with the written permission of the director or his/her designee, or in case of an emergency. Any entity with facilities in the ROW may undertake routine maintenance on existing facilities without obtaining written permission of the director providing:

(1)

The routine maintenance work does not involve any material disturbance of any public way infrastructure improvements.

(2)

The routine maintenance work does not involve any activities that generate noise levels that constitute a public nuisance as defined in the noise control provisions of the City Code.

(d)

Trash and construction materials. All providers shall maintain the work site so that:

(1)

Trash and construction materials are contained so that they are not blown off of the construction-site.

(2)

Trash is removed from a construction-site often enough so that it does not become a health, fire, or safety hazard.

(3)

Trash dumpsters and storage or construction trailers are not placed in the street without specific approval of the director.

(e)

Deposit of dirt and material on roadways. All providers shall utilize their best efforts to eliminate the tracking of mud or debris upon any street or sidewalk during the course of any construction activity. The requirements for tracking dirt or debris under the grading permit issued pursuant to Chapter 22, or as required by the Standards and Specifications shall remain in effect throughout all construction activity.

(f)

Protection of trees and landscaping. All providers shall use their best efforts to protect trees, landscape, and landscape features as required by the city. All protective measures shall be provided at the expense of the providers. If any providers cause damage to trees and other landscape features, then the providers shall be responsible for repairs and depending upon the extent of damage, the replacement of the landscape improvements.

(g)

Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles that will damage pavement surfaces are not permitted on paved surfaces unless specific precautions are taken to protect the surface. All providers will be responsible for any damage caused to the pavement by the operation of such equipment and, shall repair such surfaces. Failure to do so will result in the use of the provider's performance/warranty guaranty by the city to repair any damage, and, possibly, the requirement of additional warrantee(s).

(h)

Protection of property. All users shall preserve private and public property and protect it from damage. All users shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the ROW.

(i)

Sanitary facilities. All providers shall provide necessary sanitary facilities for workers while operating in the ROW.

(j)

Clean up. As the work progresses, all ROW and private property shall be thoroughly cleaned of all gas and oil spills, rubbish, excess dirt, rock, and other debris resulting from permittee's work. All clean up operations shall be done at the expense of the providers.

(k)

Preservation of monuments. Providers shall not disturb or move any land monuments, property marks, or survey hubs and points that may interfere or be impacted by the proposed work, until their location has been witnessed or referenced in accordance with standard survey practices, or unless approval is obtained from the director. Any monuments, hubs, and points disturbed will be replaced by a Colorado Registered Land Surveyor at the provider's expense.

(l)

Construction vehicle parking. All providers shall make provisions for employee and construction vehicle parking so that neighborhood and business parking adjacent to a work site is not impacted.

(m)

Maintaining safe walkways. All providers shall maintain an adequate and safe unobstructed walkway around a construction-site in accordance with applicable city ordinances. In cases where the sidewalk must be blocked and pedestrian traffic must be routed around the work area, the providers shall provide adequate barricading and detour signing to protect and serve the pedestrians. Once a provider has occupied the ROW, it shall be the provider's responsibility to clear all snow and ice hazards from public sidewalks at the work site following a snowfall in conformance with applicable city ordinances.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 6, 8-27-13)

(a)

Repairs and restoration.

(1)

Responsibility for work in ROW. Any provider shall be fully responsible for the cost and actual performance of all work in the ROW including but not limited to the costs associated with compaction testing. The providers shall do all work in conformance with the approved plans, any generally applicable engineering standards and the city's standards and specifications. These standards shall apply to all work in the ROW unless otherwise indicated in a construction permit.

(2)

Restoration of work site condition. All restoration shall result in a work site condition equal to or better than that which existed prior to construction. In addition to the regulations, specifications and standards concerning restoration, the following provisions shall apply to work in the ROW.

a.

Pavement cuts shall be back-filled with controlled density flow fill, either concrete or asphalt patches will be placed to match the existing street cross section.

b.

The new asphalt will be placed by the provider contracting with a reputable paving firm to complete the work to city standard.

c.

Concrete meeting the Standards and Specifications shall be used to replace concrete pavement wherever it occurs.

d.

Natural gas and electrical utilities when constructing gas or electrical line trenches may utilize alternative backfill material in lieu of flowable fill backfill material, provided that all of the following conditions are satisfied.

1.

Prior to the issuance of a construction permit or any work in the ROW, permittee must request and receive approval for the use of alternative backfill material.

2.

The type, gradation, placement, compaction, and testing of the alternative backfill material shall meet or exceed all requirements specified in design and Standards and Specifications. The costs associated with compaction testing shall be borne by the users.

3.

Once the compacted backfill has been placed, an asphalt cutback shall be made. The cutback will extend six inches minimum on each side of the opening and will be over undisturbed pavement material (one and one-half inch deep minimum). All edges of the opening shall be neatly cut with an asphalt saw at 90 degrees to the roadway and uniformly tacked.

(b)

Construction and restoration standards for newly constructed or overlaid streets. No provider shall cause an open trench excavation or potholing of utilities in the pavement of any ROW for a period of at least one year from the completion of construction or resurfacing, unless authorized by the city.

(1)

Criteria for construction in new streets. No construction permit for excavation in the ROW of new streets shall be approved unless the director finds that all of the following criteria have been met:

a.

Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts.

b.

Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable.

c.

The proposed excavation cannot reasonably be delayed until after the two-year deferment period has lapsed.

(2)

Exemptions for emergency operations. For purposes of this section, Emergency repair operations shall be limited to circumstances involving the preservation of life, property, or conditions that result in an interruption in the provision of services to multiple customers. Persons with prior authorization from the city to perform emergency maintenance operations within the ROW shall be exempted from this section. Any user commencing operations under the laws of this section shall submit detailed engineering plans, construction methods and remediation plans no later than three working days after initiating the emergency maintenance operation.

(3)

Construction and restoration standards for newly constructed or overlaid streets and alleys. The streets shall be restored and repaired in accordance with the Standards and Specifications.

(4)

Exemptions for non-emergency operations. Any user may apply to the director for an exemption under this section when the construction is necessary in the public interest or to provide a public service. By way of example, but not by limitation, an exemption could be requested in order to provide services to a part of the city where no service would be available without construction. If a non-emergency exemption is granted to disturb a ROW within the two-year period, the director may, in his sole discretion, impose additional restoration requirements, including but not necessarily limited to, roto-milling and repaving of a larger area, such as an entire block in which the construction occurs.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 7, 8-27-13; Ord. No. 3655, § 7, 7-12-23)

(a)

Insurance coverage.

(1)

Insurance policy. Unless otherwise specified in a franchise with the city, as to this section, an insurance policy or certificate shall be filed or must be in place with the city in a form satisfactory to the city with coverage as follows:

a.

At all times a commercial general liability policy, shall be procured and shall remain in effect, including broad form property damage, completed operations contractual liability, explosion hazard, collapse hazard, underground property damage hazard, for limits not less than $2,000,000.00 each occurrence for damages of bodily injury or death to one or more persons; and $1,000,000.00 each occurrence for damage to or destruction of property.

b.

Workers compensation insurance as required by state law.

(2)

Insuring additional or subsequent parties. Whenever any franchisee or permittee has filed with the city evidence of insurance as required, any additional or subsequent permit holder in the employ of said initial franchisee or permittee may, at the discretion of the city, be excused from depositing or filing any additional evidence of insurance if such employee is fully covered by said insurance policy.

(3)

Protection against injury or damage to franchisee, or permittee or property. All franchisee or permittee submitting insurance shall construct, maintain, and operate their facilities in a manner which provides protection against injury or damage to persons or property.

a.

The franchisee or permittee, for itself and its related entities, agents, employees, subcontractors, and the agents and employees of said subcontractors, shall hold the city harmless, defend, and indemnify the city, its successors, assigns, officers, employees, agents, and appointed and elected officials from and against all liability or damage and all claims or demands whatsoever in nature, unless caused by the negligent or intentional acts of the city and reimburse the city for all its reasonable expenses, as incurred, arising out of the installation, maintenance, operation or any other work or activity in the ROW or by the franchisee or permittee related to its use thereof, including, but not limited to, the actions of the franchisee or permittee, its employees, agents, contractors, related entities, successors and assigns, or the securing of and the exercise by the user of the rights granted to work in and/or occupy the ROW, including any third party claims, administrative hearings, and litigation; whether or not any act or omission complained of is authorized, allowed, or prohibited by this article or other applicable law.

b.

The terms of each contract awarded for activities pursuant to a construction permit shall contain indemnity provisions whereby the contractor shall indemnify the city to the same extent as described above.

c.

A franchisee or permittee shall have the right to defend the city with regard to all third party actions, damages and penalties arising in any way out of the exercise of any rights in the construction permit. If at any time, however, franchisee or permittee refuses to defend, and the city elects to defend itself with regard to such matters, the franchisee or permittee shall pay all reasonable expenses incurred by the city related to its defense.

d.

In the event the city institutes litigation against the franchisee or permittee for a breach of the permit or for an interpretation of this article and the city is the prevailing party, the franchisee or permittee shall reimburse the city for all costs related hereto, including reasonable attorney's fees. The franchisee or permittee shall not be obligated to hold harmless or indemnify the city for claims or demands to the extent that they are due to the negligence, or any intentional and/or willful acts of the city or any of its officers, employees, or agents.

e.

In the event the franchisee or permittee is a public entity, the indemnification requirements of this section shall be subject to the provisions of the Colorado Governmental Immunity Act.

(b)

Performance warranty/guarantee. This subsection is intended to supplement and be in addition to the warranty requirements contained in the Standards and Specifications.

(1)

Warranty. Any warranty made hereunder shall serve as security for the performance of work necessary to repair the ROW if the permittee fails to make the necessary repairs or to complete the work under the construction permit.

(2)

Guaranty. The permittee, by acceptance of a construction permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the city and warrants and guarantees all work done for a period of two years after the date of initial acceptance, and agrees upon demand to make all necessary repairs during the two-year period. This warranty shall include all repairs and actions needed as a result of:

a.

Defects in workmanship.

b.

Settling of fills or excavations.

c.

Any unauthorized deviations from the approved plans and specifications.

d.

Any other requirements of this chapter or the ordinances of the city.

(3)

Period of warranty. The two-year warranty period shall run from the date of the city's initial acceptance. If repairs are required during the two-year warranty period, those repairs need only be warranted until the end of the initial two-year period starting with the date of initial acceptance. It is not necessary that a new two-year warranty be provided for subsequent repairs after initial acceptance.

(4)

Repairs under warranty. At any time prior to completion of the two-year warranty period, the city may notify the user in writing of any needed repairs. Emergency repairs shall be completed within 24 hours if the defects are determined by the city to be an imminent danger to the public health, safety and welfare. Non-emergency repairs shall be completed within 30 calendar days after notice. If such deficiencies are not corrected within the prescribed time, the city may make such corrections at the permittee's expense.

(5)

Work disturbed while under warranty. The warranty described in this section shall cover only those areas of work undertaken by a permittee and/or its contractors. In the event that work of another permittee or the city subsequently impacts a portion of work under warranty by a permittee during the warranty period, then the subsequent permittee or the city shall assume responsibility for repair to the subsequently impacted section of ROW.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 8, 8-27-13)

If at any time the city requests any provider to relocate its facilities, in order to allow the city to make any public use or public improvements to the ROW, or if at any time it shall become necessary because of a change in the grade, size or design of the ROW, or for any other public purpose by reason of the improving, repairing, constructing, reconstructing, realigning, or maintaining of any ROW, or reason of traffic conditions, public safety or by reason of installation of any type of structure or public improvement by the city or other public agency or special district, and any general program for the undergrounding of such facilities, to move or change the facilities or structures located within or adjacent to the ROW in any manner, either temporarily or permanently, the city shall notify the provider at least 120 days written notice in advance, except in the case of emergencies, of the city's intention to perform or have such work performed. Any provider so notified shall thereupon, at no cost to the city unless otherwise provided by law, accomplish the necessary relocation, removal or change within a reasonable time from the date of the notification, but in no event later than three working days prior to the date the city has provided notice of its intention to commence its work or immediately in the case of emergencies. Failure to accomplish such relocation shall thereby allow the city or other public agencies or special district to perform such work at the expense of the provider notified and such provider shall reimburse the city or other agency within 30 days after receipt of a written invoice. Following relocation, all affected property shall be restored to, at a minimum, the condition which existed prior to construction by the provider required to relocate at such provider's expense. Notwithstanding the requirements of the section, additional time to complete a relocation project may be requested. The director shall grant a reasonable extension if in his sole discretion, the extension will not adversely affect the city project. The city shall use its best efforts to avoid any relocation and may suggest an alternative location acceptable to permittee.

(Ord. No. 2804, § 1, 10-28-03)

Whenever a provider intends to discontinue using any facility within the ROW, the provider shall submit for the city's approval a complete description of the facility and the date on which the provider intends to discontinue using the facility. A provider may remove the facility or request that the city permit it to remain in place. Notwithstanding a provider's request that any such facility remain in place, the city may require the provider to remove the facility from the ROW or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. The city may require a provider to perform a combination of modification and removal of the facility. The provider shall complete such removal or modification in accordance with a schedule set by the city. Until such time as the provider removes or modifies the facility as directed by the city, or until the rights to and responsibility for the facility are accepted by another person or entity having authority to construct and maintain such facility, the provider shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the ROW, in the same manner and degree as if the facility were in active use, and the provider shall retain all liability for such facility. If a provider abandons its facilities, the city may choose to use such facilities for any purpose whatsoever.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 9, 8-27-13)

(a)

In the event that an emergency, as defined in Section 2-269, arises necessitating repairs to a project which is under construction or within the specified warranty period, the responsible party, as defined in Section 2-269, shall perform the necessary repairs immediately, but in no case later than within 24 hours of receiving such notice from the city. Should the responsible party not perform the necessary emergency repairs within the time period stated in this subsection, the city may perform such repairs to the extent feasible and the responsible party shall compensate the city for all related costs.

(1)

The city shall invoice the responsible party within 30 days, by means of certified mail, for all costs related to such emergency repairs. The responsible party shall submit payment in full to the city within 30 days of receipt of the invoice.

(2)

In the event that payment is not received by the city from the responsible party within the time period stated in subsection (a)(1) of this section, the city shall assess any outstanding invoices, whether in partial or in full, against any deposits, escrows, or guarantees submitted to the city by the responsible party.

(b)

In the event of an emergency occurring which requires immediate excavation or work in any street, roadway, or alley in order to preserve the health, safety, or welfare of the public, such excavations or work shall be permitted without first securing a permit provided that any person excavating or causing the excavation makes application for a permit, accompanied by a sufficient deposit as required by this article, with the development engineering manager within 24 hours or during the first regular business day of the city following such excavation or work, whichever occurs first, and the excavation or work otherwise complies with this article.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 10, 8-27-13)

Any decision rendered by the director pursuant to this article may be appealed by the provider, permittee or franchisee to the city manager by filing a written notice of appeal within 30 days of the action unless and to the extent an existing franchise agreement or other agreement provides a specific appellate procedure. The city manager, or a designee thereof, shall conduct a quasi-judicial administrative hearing. Any decision by the city manager shall be a final decision.

(Ord. No. 2804, § 1, 10-28-03)

(a)

It shall be unlawful for any person, provider or other entity to perform construction activity or work within the corporate limits of the city without first having obtained a construction permit or any other applicable city permit or license, as provided in this article. A copy of any permit or other applicable permit or license shall be kept at the construction-site while construction activity is being conducted, and shall be exhibited upon request by any police officer or representative of the city infrastructure or city development department. A certified copy of a construction permit will substitute for an original construction permit.

(1)

It shall be unlawful for any person, provider or entity to impede normal traffic flow or to obstruct any part of any street, intersection, or public thoroughfare located within the city at any time without first obtaining a traffic control permit from the development engineering manager.

(2)

It shall be unlawful for any person, provider or entity to in any way impede or obstruct drainage along any street or public thoroughfare or to place, construct, or install any type of driveway ramp without following the design and specification requirements for such driveway ramps as developed by the development engineering manager.

(3)

It shall be unlawful for any person, provider or entity issued a construction permit to dig or cause to be dug any hole, drain, ditch, or any other excavation in any street, alley, sidewalk, or other area within the city without providing a sufficient barricade or temporary fence around such hole, drain, ditch, or other excavation in order to prevent persons, animals, and vehicles from sustaining injury. During evening or nighttime hours, red warning lights shall be provided in addition to the devices mentioned in this subsection for safety purposes. Every excavation shall further be protected at all times by traffic safety devices as prescribed by and/or furnished by the city engineer in order to minimize the disruption of the flow of traffic within the vicinity of the excavation.

(4)

It shall be unlawful for unauthorized persons to damage, displace, remove, or interfere with any barricade, warning light, or any other safety device which is lawfully placed around or about any street, alley, sidewalk, or other excavation or construction activity within the city.

(5)

It shall be unlawful for any person, provider or entity to interfere with construction activity or work, hinder, obstruct or in any way interfere with any construction activity or work, as defined in Article VII of this Code, conducted in the city for which any type of permit has been granted authorizing such construction activity or work.

(Ord. No. 2804, § 1, 10-28-03; Ord. No. 3257, § 11, 8-27-13)

Neither the city nor any provider shall be excused from complying with any provisions of this article by any failure of the other to insist upon or seek compliance with such provisions.

(Ord. No. 2804, § 1, 10-28-03)

The construction permit shall be deemed to be executed in the City of Thornton, State of Colorado and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with the laws of the State of Colorado, as applicable to contracts entered into and to be performed entirely within Colorado.

(Ord. No. 2804, § 1, 10-28-03)

To the extent taxes or other assessments are imposed by taxing authorities on the use of the city property as a result of a provider's occupation of the rights-of-way, the provider shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority. Such payments shall be in addition to any other fees payable pursuant to this article.

(Ord. No. 2804, § 1, 10-28-03)

All sections, subsections, provisions, and parts of this article shall be severable, and if any section, subsection, provision, or portion of this article is declared or ruled invalid or otherwise invalidated by any court or agency of valid jurisdiction, such declaration or ruling shall not affect the validity of any other section, subsection, provision, or portion of this article, and all other sections, subsections, provisions, and portions of this article shall remain in full force and effect.

(Ord. No. 2804, § 1, 10-28-03)

(a)

Each councilmember shall receive as salary the amount established by ordinance but such compensation may increase or decrease only on the date of the first regular or special council meeting following any regular election and only if the increase or decrease was adopted prior to the date of the election.

(1)

Reserved.

(2)

Councilmembers whose terms expire in November 2017 shall be paid $900.00 per month for the remainder of their term. Councilmembers elected to office in November 2015, or duly appointed thereafter, shall be paid $1,500.00 per month effective on the date of the first regular or special council meeting following the November 3, 2015 election. The mayor who will be elected to office in November 2015, or duly appointed thereafter, shall be paid $2,000.00 per month. The Mayor Pro Tem who will be elected by city council on or after November 17, 2015 shall be paid $1,750.00 per month.

(b)

Councilmembers shall be paid no additional compensation for attending meetings of city boards and commissions pursuant to the requirements of the Charter, this Code and ordinances or otherwise attending meetings and civic events as representatives of the city and its council. Councilmembers shall, however, be eligible to receive reimbursement for necessary and bona fide expenses incurred in service in behalf of the city as are authorized by the travel, training, subsistence and incidental expense administrative directive and the approved council policy on travel, training, subsistence and incidental expense reimbursement.

(Code 1975, § 5-12; Ord. No. 705, 12-22-75; Ord. No. 747, 3-29-77; Ord. No. 1080, 11-9-81; Ord. No. 1896, 8-28-89; Ord. No. 2308, § 4, 2-28-94; Ord. No. 2581, § 1, 10-25-99; Ord. No. 2669, § 1, 7-9-01; Ord. No. 3355, § 1, 10-13-15)

Charter reference— Compensation of councilmembers, § 4.6.

The mayor and each councilmember shall be eligible to participate in the group medical benefits provided the city employees. The city shall fund such benefits on the same basis as city employees.

(Code 1975, § 5-14; Ord. No. 705, 12-22-75)

That city council shall, pursuant to Section 4.15(3) of the Thornton City Charter, by ordinance establish a city council policy regarding rules of order and procedure for city council meetings.

(Code 1975, § 5-18; Ord. No. 1589, 8-25-86; Ord. No. 2089, § 4, 7-22-91; Ord. No. 2308, §§ 6—9, 2-28-94; Ord. No. 2735, § 1, 10-22-02)

Charter reference— Legislation, Ch. VIII; quorum, § 4.14.

(a)

Regular meetings.

(1)

The city council shall hold regular meetings on the second and fourth Tuesdays of each month at 7:00 p.m.

(2)

Regular city council meetings shall be held in the Council Chamber at Civic Center, 9500 Civic Center Drive, Thornton, Colorado.

(3)

The place and time of regular meetings may be otherwise designated by the city council when it deems necessary; provided, however, that all members shall be duly notified of the time and place of such meeting and provided that at least two meetings a month shall be held.

(4)

A regular meeting may be cancelled by the mayor if it is known in advance that a quorum will not be present. All councilmembers shall be notified of the cancellation. The reason for cancellation shall be stated on the record at the next regular council meeting following the cancelled meeting.

(b)

Special meetings. Special meetings of the council shall be called as provided in the Charter and the business of special meetings shall be as provided therein.

(Code 1975, § 5-19; Ord. No. 1589, 8-25-86; Ord. No. 2308, § 10, 2-28-94; Ord. No. 2644, §§ 1, 2, 12-4-00)

Editor's note— It should be noted that subsection (a)(1) of § 2-52 shall take effect November 1, 2001.

Charter reference— Regular meetings, § 4.10; special meetings, § 4.11.

Editor's note— Ord. No. 2735, § 2, adopted Oct. 22, 2002, repealed § 2-53 in its entirety. Formerly, said section pertained to order of business as adopted by the 1975 Code, as amended. See the Code Comparative Table.

City council may direct that a matter of significant interest be scheduled as a public hearing. Where the method of notice for a public hearing is not otherwise specified by law or by council action, notice shall be given pursuant to Section 2-1 at least ten consecutive days prior to the hearing, or less than ten days for good cause shown.

(Code 1975, § 5-21; Ord. No. 1589, 8-25-86; Ord. No. 2308, § 12, 2-28-94; Ord. No. 2415, § 1, 4-22-96; Ord. No. 2494, § 2, 1-26-98; Ord. No. 2521, § 1, 9-14-98; Ord. No. 2656, § 1, 2-12-01; Ord. No. 2688, § 1, 10-22-01; Ord. No. 2735, § 3, 10-22-02; Ord. No. 3392, § 4, 8-9-16; Ord. No. 3476, § 2, 7-10-18)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Code means any published compilation of statutes, ordinances, rules, regulations or standards adopted by the federal government or the state, or by an agency of either of them, or by any municipality within the state or by any state or nationally recognized organization, institution or agency, such as but not limited to the International Code Council. The city council may adopt a recodification of the city's own ordinances by ordinance, which ordinance shall be published pursuant to Section 2-1 and which ordinance need not follow the publication and hearing requirements for codes adopted by reference in the codification or recite all penalties found in the recodification.

Primary code means any code which is directly adopted by reference in whole or in part by any ordinance passed pursuant to the Charter.

Secondary code means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code.

(b)

Procedure.

(1)

The city is authorized to enact any ordinance which adopts any code by reference, in whole or in part, and such primary code, thus adopted, may in turn adopt by reference, in whole or in part, any secondary codes duly described therein. However, the title of every primary code and every secondary code which is incorporated in any such adopting ordinance shall be specific in the title of the ordinance.

(2)

After the first reading of the adopting ordinance, the council shall schedule a public hearing concerning the adopting ordinance and of the code and any secondary codes to be adopted thereby. Notice of the hearing shall be published, pursuant to Section 2-1, meeting the requirements for publication of ordinances, at least 15 consecutive days preceding the hearing. The notice shall state the time and place of the hearing, that copies of the adopting ordinance, copies of the primary code and also copies of the secondary codes, if any, being considered for adoption are on file with the city clerk and are open to public inspection. The notice shall also contain a description which the council deems sufficient to give notice to interested persons of the purpose of the code and of any secondary code incorporated thereby by reference, the subject matter of each such code, the name and address of the agency by which each has been promulgated or, if a municipality, the corporate name of such municipality which has enacted such code and the date of publication of such code, and, in the case of a code of any municipality, the notice shall contain a specific reference to the code of a given municipality as it existed and was effective at a given date.

(3)

After the hearing, the council may amend, adopt or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances, provided that nothing in the Charter shall be deemed to permit the adoption by reference of any penalty clause which may appear in any code which is adopted by reference. Any such penalty clause may be enacted only if set forth in full in the adopting ordinance. It is further provided that all changes or additions to any code made by the council shall be set out in full in the adopting ordinance.

(4)

The adopting ordinance shall be posted and the title of the ordinance shall be published, pursuant to Section 2-1, as is provided in the case of any other ordinance. The council shall not be required to read the code text at the meetings at which the adopting ordinance is passed on first and second readings, provided that such codes and primary codes, if any, are on file in the office of the city clerk, as provided in this subsection. A supply of codes shall be maintained as follows:

a.

For any code which is adopted in or as an amendment to Chapter 10, at least one copy of the adopting ordinance, together with one copy of each primary code and of each secondary code pertaining thereto, all certified to be true copies by the mayor and the city clerk, shall be on file in the office of the city clerk prior to the enacting of the adopting ordinance on first reading and shall remain on file prior to the public hearing and following adoption after the public hearing. In addition, following adoption, the building inspection division shall at all times maintain at least one copy of each such code available for purchase by the public at a moderate price.

b.

For any code to which the provisions of subsection (b)(4)a of this section do not apply, not less than three copies of the adopting ordinance, together with three copies of each primary code and of each secondary code pertaining thereto, all certified to be true copies by the mayor and the city clerk, shall be on file in the office of the city clerk prior to the enacting of the adopting ordinance on first reading and shall remain on file prior to the public hearing and following adoption after the public hearing. In addition, following adoption, the city clerk shall at all times maintain a reasonable supply of each such code available for purchase by the public at a moderate price.

(5)

If, at any time, any code which the city has previously adopted by reference shall be amended by the agency or municipality which originally promulgated, adopted or enacted it, the council may adopt such amendment by reference through the same procedure as required for the adoption of the original code, or an ordinance may be enacted in regular manner setting forth the entire text of such amendment, unless another procedure is specified within the ordinance.

(6)

Copies of such codes in published form, duly certified by the city clerk and the mayor of the city, shall be received without further proof as prima facie evidence of the provisions of such codes or public records in all courts and administrative tribunals of this state.

(Code 1975, § 5-26; Ord. No. 1012, 2-23-81; Ord. No. 2033, § 2, 12-17-90; Ord. No. 2415, § 2, 4-22-96; Ord. No. 3392, § 5, 8-9-16; Ord. No. 3476, § 4, 7-10-18; Ord. No. 3731, § 1, 5-13-25)

Charter reference— Adoption by reference, § 8.10.

Cross reference— How Code designated and cited, § 1-1; Uniform Building Code adopted by reference, § 10-151; Uniform Plumbing Code adopted by reference, § 10-153; Uniform Mechanical Code adopted by reference, § 10-155; Uniform Sign Code adopted by reference, § 10-157; Uniform Code for the Abatement of Dangerous Buildings adopted by reference, § 10-159; Uniform Fire Code adopted by reference, § 10-160; National Electrical Code adopted by reference, § 10-162; Uniform Solar Energy Code adopted by reference, § 10-164; Uniform Building Security Code adopted by reference, § 10-165; state energy conservation standards adopted by reference, § 10-166; Uniform Swimming Pool, Spa and Hot Tub Code adopted by reference, § 10-168; adoption of Model Traffic Code, § 38-521.

(a)

The City of Thornton Emergency Telephone Service Authority is hereby created effective upon the passage of this section. The members of the City of Thornton Emergency Telephone Service Authority ("authority") shall be the currently constituted members of the Thornton city council. The term for members of the authority shall run concurrently with each member's term as a Thornton city council member. The authority shall establish the rates charged for such service and manage the provisions of emergency telephone service pursuant to state law.

(b)

There is imposed a monthly emergency telephone service surcharge of $0.70 per exchange access facility and/or wireless communication access facility for telephone service and telecommunication services via wireless carrier within the city. Any person or entity who supplies telephone or telecommunication service via wireless carrier within the city shall collect the surcharge and submit the surcharge to the city as provided for C.R.S. 29-11-105.5 et seq., to be effective January 1, 2005.

(c)

All proceeds from the service charge shall be used to pay for the installation, equipment, maintenance and any other directly related and/or statutorily authorized costs necessary to the continued operation of a 911 and enhanced E-911 emergency telephone system for the city.

(d)

All proceeds from the surcharge shall be accounted for in a separate fund kept apart from the general fund in accordance with state law.

(Ord. No. 2845, § 1, 9-28-04)

The purpose of this division is to promote public confidence in city government, to provide guidance to members of the city council, members of city boards and commissions, and city officers and employees and to comply with Section 7.4 of the Charter, by establishing a code of ethics.

(Code 1975, § 57-1; Ord. No. 2079, § 1, 5-20-91)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means any appointive board or commission or other appointive body or authority of the city. The term "board" shall include the Thornton Development Authority and the Thornton Arts, Sciences and Humanities Council, Inc., but shall not include members of advisory ad hoc committees who are not otherwise officers, board members or employees of the city.

Board member means a regular or alternate member of a board.

Confidential information means information which is not available to the general public under applicable laws, ordinances, and regulations, and which is obtained by reason of the councilmember's, board member's or employee's position with the city.

Conflict of interest means a personal interest of the councilmember, board member, or employee or of any relative of such which interferes with or influences or may interfere with or influence or which may reasonably be perceived by the public as interfering with or influencing the conduct of the duties or the exercise of the powers of the councilmember, board member, or employee on behalf of the city. The term "conflict of interest" includes the restrictions set forth in Section 2-191.

Contract means any arrangement or agreement, including the bidding or negotiation process therefor, pursuant to which any material, service or other thing of value is to be furnished to the city for a valuable consideration to be paid by the city or is to be sold or transferred by the city, provided the amount involved is more than $100.00. The term "contract" shall include any subcontract thereof.

Employee means any person holding a paid position of employment with the city, whether full-time, part-time, regular, temporary, or by contract.

Interest means a pecuniary, property, or commercial interest or any other interest, the primary significance of which is economic gain or the avoidance of economic loss. An officer, board member or employee shall be deemed to have a pecuniary interest in a contract if the officer, board member or employee or any member of the officer's, board member's or employee's family is an employee, partner, officer, director or sales representative of the person with whom such contract is made. However, the term "interest" shall not include any matter involving the common public good or necessity or any matter in which a similar benefit is conferred to all persons or property similarly situated. Provided further, ownership individually or in a fiduciary capacity of any securities or of any beneficial interest in securities of a corporation shall not be deemed to create an "interest" in the corporation unless the aggregate amount of such securities, or interest in such securities, amounts to ten percent or more of any class of the securities of the corporation then outstanding or constitutes controlling interest in the corporation.

Officer means each councilmember, each municipal judge, the city manager, the city attorney, the utilities attorney, if any, and the utilities director.

Person means any individual, corporation, business trust, estate, trust, limited liability company, partnership, labor organization, association, political party, committee, or other legal entity.

Relative means an employee's husband, wife, domestic partner, partner in a civil union, daughter, son, father, mother, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent, grandparent-in-law, step-parent, step-child, son-in-law, daughter-in-law, grandchild and all relationships listed above as they relate to domestic partners or partners in a civil union.

(Code 1975, § 57-2; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93; Ord. No. 2978, § 1, 1-23-07; Ord. No. 3133, § 1, 5-25-10; Ord. No. 3245, § 1, 6-25-13; Ord. No. 3412, § 1, 10-25-16)

Cross reference— Definitions generally, § 1-2.

In addition to any other penalty provided for in the Charter, this Code, or any other applicable law, any officer, board member or employee who violates any provision of this division is subject to the following penalties:

(1)

A violation by a councilmember which is established to the satisfaction of a majority of the remaining members of the city council shall be grounds for an official reprimand by the city council.

(2)

A violation by a board member which is established to the satisfaction of a majority of the remaining members of the board shall be grounds for an official reprimand by the board or by the city council or both. Unless prohibited by the Charter, the city council may remove such member from the board and appoint another person to finish the term of the member removed.

(3)

A violation by an employee which is established to the satisfaction of the city Manager or, in the case of an employee appointed by the city council, to the satisfaction of the city council, shall be grounds for an official reprimand or disciplinary action, including termination from employment.

(4)

Any person who knowingly or intentionally violates any provisions of Section 2-191 shall be deem guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-8(b). Each separate day or any portion thereof during which violation of any provision appearing in this division occurs or continues shall be deemed or constituted as a separate offense.

(5)

Any officer who knowingly permits the city to enter into any contract in which the officer has a pecuniary interest, without disclosing such interest to the council prior to the action of the council in authorizing such contract, shall be guilty of misconduct in office or employment.

(6)

The penalties provided for in subsections (1) through (5) of this section shall not preclude the application of any other penalty or remedy provided for by law.

(Code 1975, § 57-14; Ord. No. 2079, § 1, 5-20-91)

The requirements of this division shall be in addition to the applicable requirements of the Charter.

(Code 1975, § 57-3; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2978, § 2, 1-23-07)

(a)

The municipal judge shall obtain, upon the adoption of this division, and shall maintain the consent of one or more judges of municipalities other than this city to provide advisory opinions with respect to this division, the reasonable expenses and fees thereof to paid by the city. The names of such judges shall be provided to the city council, the city manager, and the city attorney.

(b)

The city council, city manager or city attorney may request in writing an advisory opinion with respect to this division from any judge having consented thereto pursuant to subsection (a) of this section. The advisory opinion shall be in writing and the judge issuing the advisory opinion may require that all or portions of the opinion remain confidential.

(c)

Any person who acts in accordance with an advisory opinion issued pursuant to this section shall not be guilty of violating any of the provisions of this division.

(d)

If the subject of the advisory opinion is the city municipal judge, the advisory opinion may be requested from any municipal judge, and shall not be limited to those identified in subsection (a) of this section.

(Code 1975, § 57-4; Ord. No. 2079, § 1, 5-20-91)

(a)

No officer, board member, or employee shall knowingly use any confidential information to further the personal interest of the officer, board member or employee or any relative thereof.

(b)

No officer, board member or employee shall disclose any confidential information to persons not entitled to such information, except as required by law.

(c)

No officer, board member or employee shall participate in any discussion of, take any final action on, or vote to render any final decision or determination on any matter in relation to which the officer, board member or employee has a conflict of interest.

(d)

No officer, board member or employee shall accept, receive or solicit any gift or other thing of value having either a fair market value or aggregate actual cost greater than $75.00 in any calendar year, including but not limited to, gifts, loans, rewards, promises or negotiations of future employment, favors or services, honorariums, travel, entertainment, or special discounts, from a person, without the person receiving lawful consideration of equal or greater value in return from the officer, board member or employee who solicited, accepted or received the gift or other thing of value.

(e)

The prohibitions in subsection (d) of this section do not apply if the gift or thing of value is:

(1)

Campaign contributions reported if and as required by law.

(2)

A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service.

(3)

Payment of or reimbursement for actual and necessary expenditures for travel, tuition, registration fees, and subsistence for attendance at a convention, training event or other meeting at which an officer, board member, or employee is scheduled to participate or represent the city.

(4)

Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to an officer, board member, or employee which is not extraordinary when viewed in light of the position held by such officer, board member or employee.

(5)

Payment of salary from employment, including other government employment, in addition to that earned from being an officer, board member or employee.

(6)

Items available for free to the general public at trade conventions or other public exhibitions, and items offered at a discount to officers, board members and/or employees of governments.

(f)

It shall not be a violation of this article for an officer, board member, official, or employee to solicit donations to the city or to solicit or redirect donations for charitable purposes to a 501(c) or other charitable organization or to provide assistance to individuals affected by illness, crime or disaster or who have educational or charitable needs, provided that solicitation and financial records are maintained and provided that the soliciting person does not keep or use the gift or receive any monetary benefit therefrom.

(g)

No officer, board member or employee shall receive or solicit any compensation, gift, payment of expense, reward, gratuity, loan, reduced interest rate, or any thing of value tendered by a person who has an interest in any matter pending before the city that exceeds the $75.00 limit on gifts and other things of value set forth in subsection (d) of this section. This restriction also applies to any such things of value given after the pending matter is concluded if it reasonably appears that the giving of the thing of value is related to the recipient's participation in the pending matter. Matters pending before the city include but are not limited to inspections and the processing of permits, licenses, and other administrative approvals.

(h)

No officer, board member, or employee shall on behalf of a private interest before the city council or any board, unless otherwise permitted by the Charter, this Code or ordinances, except that any officer, board member, or employee may appear before the city council or any board on such officer's, board member's or employee's own behalf, and an officer may appear on behalf of a private interest before any board, the action of which is not reviewable by the city council. Nothing in this subsection shall preclude an officer, board member, or employee in the same manner and under the same circumstances as any other person from appearing before the city council or a board on an application of the officer, board member, or employee for a permit, license or other approval of the council or board required by law.

(i)

No officer, board member or employee shall represent any private interests, other than the officer's, board member's or employee's own interest, against the interests of the city in any civil litigation to which the city is a party, unless the consent of the city council is first obtained, except that any officer, board member or employee may testify under oath if subpoenaed.

(j)

In addition to the restrictions on employment imposed on councilmembers for two years following their terms of office as set forth at Section 4.21 of the Charter, no officer, board member, or employee shall, at any time within six months following termination of the office or employment, obtain or retain employment in which the officer, board member or employee will take direct advantage, unavailable to others, of matters with which the officer, board member or employee was directly involved during the term of office or employment with the city.

(k)

No officer, board member or employee shall use any city property or employee services for personal gain or advantage except in the same manner and under the same circumstances as any other person who is not an officer, board member or employee of the city.

(l)

No councilmember or board member shall vote on any question concerning the member's own conduct.

(m)

The city manager may designate by administrative directive a job classification(s) at the city's golf course that may receive gratuities in the form of tips where it is a common standard in the public sector for such position to receive tips.

(n)

The city council may authorize a member thereof to accept, receive or solicit a gift or other thing of value above the $75.00 limit on gifts and other things of value provided in subsection (d) of this section.

(o)

The $75.00 limit on gifts and other things of value provided in subsection (d) of this section shall be adjusted by an amount based upon the percentage change over a four-year period in the United States bureau of labor statistics consumer price index for Denver-Boulder-Greeley, all items, all consumers, or its successor index, rounded to the nearest lowest dollar. The first adjustment shall be done in the first quarter of 2027 and every four years thereafter.

(Code 1975, § 57-5; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93; Ord. No. 2978, § 3, 1-23-07; Ord. No. 3196, § 1, 4-24-12; Ord. No. 3683, § 1, 4-9-24)

(a)

A councilmember who knowingly has a conflict of interest in relation to a matter pending before the city council shall disclose the conflict of interest to the city council.

(b)

When it appears to the city council that a member thereof may have a conflict of interest which has not been disclosed, a majority of the remaining members of the city council may request an advisory opinion pursuant to section 2-190 as to whether the councilmember has a conflict of interest. If the advisory opinion is that a conflict of interest exists, no vote shall be recorded for the councilmember, consistent with Charter Subsection 8.4(e).

(c)

The councilmember with a conflict of interest shall not vote on or be present during or participate in consideration of the matter in relation to which a conflict of interest is disclosed or established prior to any vote. Pursuant to Charter Subsection 8.4(e), no vote shall be recorded for a councilmember who refuses to vote because of a conflict of interest.

(d)

The provisions of subsections (a) through (c) of this section shall apply to board members and boards. When it appears that a board member may have a conflict of interest which has not been disclosed, the board may request an advisory opinion pursuant to Section 2-190 as to whether a board member has a conflict of interest. If the advisory opinion is that a conflict of interest exists, no vote shall be recorded for the board member. No vote shall be recorded for a board member who refrains from voting because of a conflict of interest. If it appears to the city council that the board is not performing the functions set forth in these subsections, the city council may perform those functions.

(Code 1975, § 57-6; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93)

(a)

An employee who is aware of a conflict of interest or a possible conflict of interest in relation to a matter pending before the employee shall promptly disclose in writing the conflict to the city manager.

(b)

When it appears to the city manager that an employee may have a conflict of interest which has not been disclosed, or if an employee discloses a possible conflict of interest, the city manager shall:

(1)

Determine whether the employee has a conflict of interest; or

(2)

Request an advisory opinion pursuant to Section 2-190 as to whether the employee has a conflict of interest.

(c)

When a conflict of interest is disclosed or established as provided in subsection (a) or (b) of this section, the city manager shall take any action the city manager deems to be in the best interest of the city. The employee with such a conflict of interest shall not perform any duties concerning the matter in relation to which the conflict of interest exists, unless directed to do so in writing by the city manager.

(d)

In all cases, the determination of the city manager as to whether or not a conflict of interest exists is final and shall not be the subject of a grievance or appeal to the hearing authority. Any suspension, demotion or discharge action taken as a result of the determination may be appealed to the hearing authority. This subsection shall only apply to certified employees.

(e)

Where the employee involved is an appointee of the city council or a city board, such city council or board shall perform the functions of the city manager described in this section.

(Code 1975, § 57-7; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93; Ord. No. 2585, § 1, 11-15-99)

(a)

The city council declares that the best interests of the city are served by prohibiting the making of certain contracts. Accordingly, in addition to any other applicable requirements in this division, the requirements of subsection (b) of this section shall apply to the making of contracts by the city.

(b)

The city shall not knowingly make any contract, in which an officer has an interest, with any person, if an officer or a relative of an officer:

(1)

Is an employee, partner, officer, director or sales representative of the person; or

(2)

In the case of a contract with a corporation, has ownership interest, individually or in a fiduciary capacity, of securities or of any beneficial interest in securities of such corporation, and the aggregate amount of such securities or such interest in securities amounts to ten percent or more of any class of the securities of the corporation then outstanding or to controlling interest.

(c)

An officer shall disclose an interest of which the officer has knowledge in any proposed contract prior to the city entering into such contract; disclosure shall be in writing to the city clerk or orally to the city council at any regular or special meeting.

(d)

If a board member or employee has knowledge of the following described interest in a contract, such board member or employee shall disclose such interest as provided in subsection (e) of this section prior to the city entering into the contract:

(1)

The board member, employee, or relative thereof is an agent, employee, partner, officer, director or sales representative of the person contracting with the city; and/or

(2)

In the case of a contract with a corporation, the board member, employee, or relative thereof has ownership interest, individually or in a fiduciary capacity, of securities or of any beneficial interest in securities of such corporation, and the aggregate amount of such securities or such interest in securities amounts to ten percent of more of any class of the securities of the corporation then outstanding or to controlling interest.

(e)

The procedures of Section 2-193 apply to subsection (d) of this section. In addition, the city may choose, in its sole discretion and notwithstanding any other contracting procedures of this division, to refrain from entering into any contract in which an interest described in subsection (b) or (d) of this section exists.

(Code 1975, § 57-8; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93)

Charter reference— Pecuniary interests in certain contracts prohibited, § 7.4.

To maintain confidence in government, each officer, board member and employee shall, in the performance of services for the city, seek to avoid the appearance that a conflict of interest exists or that a city office or employment is being used for personal interest.

(Code 1975, § 57-9; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93)

(a)

Antinepotism rules applicable to the city council, city manager and utilities director appear in Charter Section 7.6. The city manager may adopt antinepotism regulations applicable to employees.

(b)

Any officer, board member, or employee who has or has had a significant professional or personal relationship with any prospective employee, consultant, contractor, supplier, or other person shall be deemed to have a conflict of interest and shall disclose such relationship, as provided herein, prior to participation, if any, in the recruitment or selection thereof.

(Code 1975, § 57-10; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93)

Each officer, board member and employee shall be and remain impartial when making any quasi-judicial decision. Any officer, board member or employee who cannot be impartial in making a quasi-judicial decision shall follow the procedure described in Section 2-192(c). In addition, no officer or board member shall receive nor shall any employee or member of the public provide to any officer or board member any substantive oral or written information, except for legal advice, regarding a matter which is pending before the council or a board on which the board member sits, and which is the subject of a quasi-judicial hearing before the council or the board, outside of the quasi-judicial hearing process. The term "quasi-judicial hearing process" includes but is not limited to preparations necessary for such hearing such as written staff reports, scheduling, agendas, proposed resolutions and ordinances, posting or publishing notice, and legal advice. The city attorney shall provide affected officers, board members and employees advice on what constitutes a quasi-judicial decision.

(Code 1975, § 57-11; Ord. No. 2079, § 1, 5-20-91; Ord. No. 2236, § 1, 3-15-93)

The city manager may adopt regulations governing the ethical conduct of employees which are no less restrictive but may be more restrictive than the provisions of the Charter, this Code or ordinances or state law.

(Code 1975, § 57-12; Ord. No. 2079, § 1, 5-20-91)

The city shall provide information to officers, board members, and employees regarding the ethical requirements of the Charter, this Code and ordinances and applicable state and federal law.

(Code 1975, § 57-13; Ord. No. 2079, § 1, 5-20-91)