The director of public works shall appoint a right-of-way manager, who is the principal city official responsible for the administration of the right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. The right-of-way manager may delegate any or all of the duties hereunder. The right-of-way manager shall have the duties, responsibilities and authority as specified for the right-of-way manager stated herein.
(Ordinance 02-05-65, sec. 3(1.1), adopted 5/7/02; Ordinance 2025-05-30 adopted 5/20/2025)
The following definitions apply in this article. The terms, phrases, words, abbreviations and their derivations shall have the same meanings herein. When not inconsistent with the context words used in the present tense include the future; words in plural number include the singular number, and words in the singular include the plural. The word "shall" is mandatory and not merely permissive.
Abandoned facilities
means facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities, or from any other facilities that are in use or that still carry service.
Administration fee
means the fee charged by the city to recover its costs incurred for right-of-way management; including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration improvements; determining the adequacy of the right-of-way restoration; revoking right-of-way permits and other costs the city may incur in implementing the provisions of this article.
Applicant
means an owner or authorized agent of an owner, who submits an application for a permit under the provisions of this article.
Area of influence
means that area around a utility excavation where the pavement and sub-grade is impacted by the excavation and is subject to more rapid deterioration due to the trench excavation.
Backfill
means the following:
(1) 
The placement of new dirt, fill, or other material to refill an excavation; or
(2) 
The return of excavated dirt, fill or other material to an excavation.
Certified Telecommunications Provider or "CTP"
means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public Utility Commission or "PUC" to offer local exchange telephone service as defined by V.T.C.A., Local Government Code ch. 283 or "the Act".
City
means the City of Frisco, Texas and the city's officers and employees.
City project
means the construction, location, maintenance, relocation, alteration, improvement, repair, removal or other work performed by the city, or its designee, in the public right-of-way or on any city utilities or city facilities.
City utilities
means any water, sewer, drainage, fiber, communication, electrical, irrigation or other line or improvement or traffic signal or other traffic management device owned and operated by the city or the North Texas Municipal Water District.
Compaction
refers to consolidating backfill material in a trench to prevent future settlement.
Comprehensive plan
means the city's comprehensive plan, as it exists or may be amended.
Construction
means boring, the breaking of pavement, or the installation, modification, upgrade, maintenance, removal, or similar activities, within the right-of-way. The definition includes, but is not limited to, providing primary service, restoration, or maintenance of existing facilities within the right-of-way.
Contractor
means any public or private person, subcontractor or organization, other than the city.
Day
means business day unless otherwise specified.
Department
means the city department of public works or a successor department that is responsible for management of the right-of-way and roadway infrastructure.
Emergency operations
are defined as those operations and repairs necessary to prevent damage or injury to the health or safety of the public or any person and the work necessary to address or prevent an immediate service interruption. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations.
Excavation
means any activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the right-of-way and does not include landscaping activity unless the activity removes or disturbs the paved portion of the right-of-way.
Facilities
means the equipment, and property, including but not limited to, lines, poles, mains, pipes, conduits, ducts, cables, valves, manholes, handholes and wires located under, on, or above the surface of the ground within the right-of-way, and related facilities and equipment used or useful for the provision of utility services.
FCC
means the Federal Communications Commission.
Governing body
means the mayor and the city council of the City of Frisco, Texas.
Governmental entity
means any county, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation, quasi-municipal corporation or political subdivision of the state or of any other state of the United States and any agency or instrumentality of the state or of any other state of the United States.
Holiday
shall refer to days in which city offices are closed in observance of a holiday.
Local street
means any roadway or street not classified on the city's comprehensive plan, as it exists or may be amended, as a highway/tollway, major thoroughfare, minor thoroughfare, collector or residential street.
Main line
shall refer to lines other than service connections used to convey the right-of-way user's product.
Major project
means any project, which includes 500 or more linear feet of excavation or any excavation under pavement.
Pavement
shall refer to streets containing Portland cement, asphalt, brick or other rigid or semi-rigid material that covers the surface of a street and their underlying subgrade and base.
Permit
means a permit issued under this article authorizing excavation in the right-of-way.
Permittee
means any person or right-of-way user to whom a permit is issued to excavate a right-of-way.
Perpendicular excavations
means any trench with a centerline that when projected toward the centerline of the street, the two lines intersect at an angle of 90 degrees.
Person
means any person, company, partnership, contractor, subcontractor, agency or other public or private entity, excepting the city.
Public inconvenience penalty
shall refer to a penalty assessed to the right-of-way user who denies the public the use of public property for a time period greater than allowed by this article.
PUCT
means the Public Utility Commission of Texas.
Registration
means the annual application process of the right-of-way user to use any portion of the right-of-way.
Registration certificate
shall refer to the document provided by the city, annually, upon approval of the application for registration.
Repair
means the temporary or permanent construction work necessary to make the right-of-way useable.
Repair area
means that area around excavation where the pavement and subgrade is impacted by an excavation.
Restoration
means the process by which an excavated right-of-way and surrounding area, including, but not limited to, pavement and foundation structures, ground cover, landscaping, and monuments are returned to the same condition, or better than that which existed before the commencement of the work.
Resurfacing
means any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs.
Right-of-way or public right-of-way
means the surface of, and the space above and below, any street, road, highway, freeway, tollway, lane, path, drainageway, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, fire lane or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the city, but shall specifically excludes private property.
Right-of-way manager
means the right-of-way manager of the city, or his designee.
Right-of-way user
means a person, its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, construction, or installing, constructing, maintaining, or repairing facilities in the right-of-way, including, but not limited to, landowners, service providers, utilities and contractors.
Routine service operation
means a work activity that makes no material change to the facilities and does not disrupt traffic.
Service
means a commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the right-of-way, including, but not limited to, gas, telephone, cable television, Internet services, open video systems, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewage.
Service connection
shall refer to the line that serves no more than two individual customers or two meter banks.
Street
means only the paved portion of the public right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. It does not include the median. A "street" is generally part of, but smaller in width than the width of the entire public right-of-way; while a public right-of-way may include sidewalks and utility easements, a "street" does not. A "street" does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.
Surface mounted markers
refers to any sign, post or other marker, which rises above the surface of the ground to show the location of an underground utility.
Thoroughfare
means any roadway or street classified on the city's comprehensive plan, as it exists or may be amended, as a highway, tollway, major thoroughfare or minor thoroughfare.
TMUTCD
means the Texas Manual on Uniform Traffic Control Devices, as it exists or may be amended.
Traffic control representative
shall refer to the designated representative of the right-of-way user who is responsible for work zone safety and compliance with TMUTCD. The right-of-way user shall ensure such person has adequate training, knowledge and authority to perform the responsibilities listed above.
Trench
shall refer to excavation deeper than 18 inches. This shall include linear trenches, holes, pits and etc.
Underground Facility Damage Protection Safety Act
shall refer to the V.T.C.A., Utilities Code sec. 251.001 et seq. as it exists or may be amended.
Utility
means any privately or publicly owned entity which uses right-of-way to furnish the public any general public service, including, without limitation, sanitary sewer, gas, electricity, water, traffic management, street lights, fiber, communications, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Poles are regulated herein only as specifically set forth in this article.
White lining
means marking the excavation site with white washable marking paint or flags prior to requesting a utility location in order to further identify the site.
(Ordinance 02-05-65, sec. 3(1.2), adopted 5/7/02; Ordinance 06-08-86, sec. 2, adopted 8/2/06; Ordinance 16-09-70, sec. 2, adopted 9/6/16; Ordinance 17-08-58, sec. 2, adopted 8/15/17; Ordinance 2022-11-63 adopted 11/15/2022)
Each utility shall name a utility coordinator who shall participate in the utility coordination committee. All right-of-way users with open permits shall send one representative to the monthly utility coordination committee meetings at the time and location established by the city. In the event that a right-of-way user's representative does not attend two or more meetings within a 12-month time period, the right-of-way user's permits will be placed on hold until the representative resolves all conflicts discussed in the unattended meetings and attends the next scheduled meeting. The city shall notify, by any means, the right-of-way users of the monthly meetings.
(Ordinance 02-05-65, sec. 3(1.3), adopted 5/7/02; Ordinance 2022-11-63 adopted 11/15/2022)
(a) 
The right-of-way user shall notify the department at each of the following times during a project and failure to do so constitutes a violation of this article:
(1) 
Forty-eight hours before the start of construction;
(2) 
Upon completion of the initial backfill; and
(3) 
Upon completion of the project.
(b) 
The use of markets, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. A person shall only use a water-based paint in the public right-of-way to mark the location of existing underground utilities. A person commits an offense if the person makes a marking in the public right-of-way for the purpose of identifying the location of existing underground utility facilities and such marking remains visible longer than sixty (60) days after being applied.
(c) 
Compliance with the Texas Utilities Code, as amended, is required at all times.
(d) 
All barricades, plates, cones, traffic directional equipment and all other traffic control devices owned, leased or used by the right-of-way user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or right-of-way user or subcontractor, as applicable, at all times such equipment is used on or near the right-of-way. An exception to the marking requirement may be made in the sole discretion of the right-of-way manager in the event the traffic control equipment is not owned by the permittee or right-of-way user.
(e) 
Location of facilities.
(1) 
A permit does not relieve a right-of-way user of the responsibility to coordinate with other utilities and to protect existing facilities. A right-of-way user working in the right-of-way shall obtain line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the geographic information system or the plans of record does not satisfy this requirement.
(2) 
In performing location of facilities in the public rights-of-way in preparation for construction under a permit, the right-of-way user is responsible for compiling all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit and shall make that information available to the city in a written and verified format acceptable to the right-of-way manager.
(3) 
Before beginning excavation in any public right-of-way, the right-of-way user shall establish that the right-of-way user will work exclusively in the public right-of-way. If a property owner or other person with control over real property contacts the city with a concern that a right-of-way user intends to or is working on their property without authorization, the right-of-way manager may require the right-of-way user to stake the boundaries of the affected public right-of-way.
(4) 
For new construction involving light poles and the removal, disconnection or relocation of light poles, the right-of-way user shall contact and coordinate with the city's roadway lighting division before doing or authorizing any such work.
(f) 
Protection of facilities.
(1) 
Before beginning excavation in any public right-of-way, a right-of-way user shall:
a. 
Make a request with the Texas One-Call System for facility locates and any possible conflicts in compliance with the Underground Facility Damage Prevention and Safety Act (chapter 251 of the Texas Utilities Code, as amended, and 16 Tex. Admin. Code chapter 18, as amended);
b. 
Make a request with the department for facility locates and any possible conflicts; and
c. 
Make inquiries of all utility companies, districts, other local government entities and all other agencies that might have facilities in the area of work to determine the location of such facilities and any possible conflicts.
(2) 
Facility locations shall be marked prior to commencing work. The right-of-way user shall support and protect all pipes, structures, conduits, poles, wires or other apparatus that may be affected by the work from damage during construction or settlement of trenches subsequent to construction.
(3) 
It shall be unlawful for a right-of-way user to work in the public right-of-way without having a valid and unexpired line locate confirmation number issued by the department. Information provided by the department regarding facility locations shall be valid for 18 calendar days or the expiration date that the department's assigned line locater indicates on the department-issued line locate request form, whichever period is greater.
(4) 
No facility may be placed within four feet (4') horizontally, of or within any distance above, an existing or proposed city facility without a city-approved encroachment agreement, unless otherwise approved by the director of the department.
(g) 
Work in the public right-of-way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents.
(h) 
If the right-of-way user's work in the right-of-way involves more than five hundred (500) feet of continuous trenching or boring or the installation of more than three (3) new node support poles or more than three (3) electrical meter pedestals or ground boxes, then the right-of-way-user shall submit to the city daily work location information, on the form provided by the city, each day before work can begin.
(Ordinance 02-05-65, sec. 3(1.4), adopted 5/7/02; Ordinance 16-09-70, sec. 2, adopted 9/6/16; Ordinance 17-08-58, sec. 2, adopted 8/15/17; Ordinance 2022-11-63 adopted 11/15/2022; Ordinance 2025-05-30 adopted 5/20/2025)
(a) 
Within 30 days of passage of this article, each right-of-way user shall provide the city an accurate map of their service area. The map shall be in electronic format overlaid over the North Central Texas Council of Government base digital map. In dual coverage areas, the city may request additional information to enable identification of right-of-way users.
(b) 
Each right-of-way user must maintain accurate maps and records of its facilities. The city's road network may be provided in digital format upon request. The right-of-way user is encouraged to maintain their system maps geo-referenced to the city's street network, which is on the North Central Texas Council of Government base digital map. The map should include true bearings and distances to the nearest established street lines and official monuments, which shall be accurately described on the map. The right-of-way user will provide the city with digital information within 90 days of a request for maps from the city for any user with less than 50 miles of utilities within the city. All other right-of-way users shall provide the digital information within one year of the request. Thereafter, the data is to be provided to the city on an annual basis by January 1.
(c) 
If the maps and records submitted in response to any request by or requirement of the city include information expressly designated by the right-of-way user as a trade secret or other confidential information protected from disclosure by state law, the city and its agents, employees, or other representatives may not disclose that information to the public without the consent of the right-of-way user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a right-of-way user to designate all matters in its maps and records as confidential or as trade secrets.
(Ordinance 02-05-65, sec. 3(1.5), adopted 5/7/02)
Notice for purposes of this article shall be made to the city via electronic message (e-mail), overnight courier (generally used carrier with tracing available) or hand delivery with signed receipt, facsimile to the department or United States mail return receipt required.
(Ordinance 02-05-65, sec. 3(1.6), adopted 5/7/02)
(a) 
Nothing in this section relieves a person from obtaining a permit under this article to perform work in the right-of-way.
(b) 
In order to protect the public health, safety, and welfare, each right-of-way user must register with the right-of-way manager in accordance with the following requirements:
(1) 
The right-of-way user must apply for registration as a right-of-way contractor on an online form furnished by the right-of-way manager; the application must be made in the name of the right-of-way user. The registration application form is available on the city's website.
(2) 
The registrations of all right-of-way users shall expire on the date the certificate of insurance provided to the city by the right-of-way user expires. For utilities that fail to renew registration within 30 calendar days after the date the city sends the utility a notice of noncompliance, the utility's facilities will be deemed to have been legally abandoned.
(3) 
If information provided by the right-of-way user as part of the registration application changes, then the right-of-way user must inform the right-of-way manager, in writing, within 30 days of the change.
(4) 
Each right-of-way user shall submit the following to the right-of-way manager at the time it submits its registration application:
a. 
The complete name, mailing address and telephone number of the person making the application; if the applicant is a firm, corporation or business entity, the applicant must provide the name and private mailing address of a principal of the firm, corporation or business entity who is authorized to bind the firm, corporation or business entity in legal agreements. Each applicant must also provide the names of all employees authorized to obtain permits to work in the right-of-way;
b. 
The names, addresses and telephone numbers of at least two persons who will be general, day-to-day contacts for the right-of-way user. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area;
c. 
The name and mailing address of the person(s) authorized to receive service of process on behalf of the right-of-way user;
d. 
The names and telephone numbers of at least two persons serving as emergency contacts for the right-of-way user who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay long-distance telephone or toll charge;
e. 
Proof of existing insurance that complies with article V (indemnification, insurance, bonding and liability) of this chapter; and
f. 
Any other information deemed necessary by the right-of-way manager.
g. 
Each right-of-way user that is a utility also shall submit the following to the right-of-way manager at the time it submits its registration application:
i. 
The name of the utility using the right-of-way, including any business name, assumed name, or trade name the utility operates under or has operated under in the city within the past five years;
ii. 
If the utility is a CTP, the certificate number issued by the Texas Public Utility Commission;
iii. 
The ordinance number of any franchise or license issued by the city that authorizes the utility to use the right-of-way; and
iv. 
The name, address and telephone number of any contractor or subcontractor who will be working in the right-of-way on behalf of the utility. This list may be amended as needed by the utility; however, no work shall be performed in the right-of-way by a contractor or subcontractor that is not on the list, regardless of whether a permit is required.
(c) 
In extending the rights and privileges of such registration, the city makes no statement regarding the competency of those so registered, and no manner of license is proffered.
(d) 
No permit to perform work in the right-of-way shall be issued to any right-of-way user unless the right-of-way user holds a valid registration with the city under this article.
(e) 
No right-of-way user who obtains registration from the city under this article shall permit the use of such registration by any person, other than the right-of-way user's employees, for the purpose of doing any work within the right-of-way, nor shall the right-of-way user subcontract to any other person any work for which a registration is issued to such right-of-way user.
(Ordinance 02-05-65, sec. 3(1.17), adopted 5/7/02; Ordinance 16-09-70, sec. 2, adopted 9/6/16; Ordinance 2022-11-63 adopted 11/15/2022)
The right-of-way user is responsible for work zone safety including, but not limited to, traffic control through the designated traffic control representative. The representative is responsible for compliance with the TMUTCD and the traffic control plan (if required) at all work zone sites. The traffic control representative shall ensure employees on the job site have adequate training.
(Ordinance 02-05-65, sec. 3(1.8), adopted 5/7/02)
All right-of-way users shall, upon request, provide proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any governmental entity, including, but not limited to, the city, state, or federal government, or railroad or pipeline company, including a description of the right-of-way user's intended use of the right-of-way, information sufficient to determine whether the right-of-way user is subject to franchising or licensing by the city, and information to determine whether the right-of-way user has applied for and received any certificate of authority required by the PUCT. The information provided shall be sufficient enough to determine whether the right-of-way user has applied for and received any permit or other approvals required by the FCC. Right-of-way user shall provide all such other information as may be reasonably required by the city to complete the registration statement.
(Ordinance 02-05-65, sec. 3(1.9), adopted 5/7/02)
Where surface mounted markers are needed, curb mounted medallions shall be used whenever possible.
(Ordinance 02-05-65, sec. 3(1.10), adopted 5/7/02)
(a) 
In the exercise of governmental functions, the city has first priority over all uses of the right-of-way. The city reserves the right to, among other things, install curbs, gutters, inlets, aprons, traffic signs or poles, with or without attached flashing lights, traffic signals and other traffic management devices, light poles, guard rails, sidewalks, conduits, fiber, and water, sewer, drainage and other utility lines, improvements, pipelines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in street facilities in across, along, over, or under a public street, alley or right-of-way occupied by an agency or right-of-way user, and to change the curb, sidewalks, or the grade of streets.
(b) 
The right-of-way user must relocate its facilities, at its own expense and in accordance with section 78-89, prior to the start of construction of a city project. Failure to comply with this provision shall subject the right-of-way user to the enforcement provisions contained herein.
(c) 
A permit will be required when making facility adjustments in preparation for city projects.
(d) 
Franchise utilities shall acknowledge in writing when they are not in conflict with ongoing city projects upon request by the city.
(Ordinance 02-05-65, sec. 3(1.11), adopted 5/7/02; Ordinance 06-08-86, sec. 3, adopted 8/2/06; Ordinance 2022-11-63 adopted 11/15/2022)
It is unlawful for any person, its agents, servants or employees to dig, plow, blast, make cuts, openings, bore, tunnel, excavate or close lanes on a thoroughfare or local street without first having made application and obtained a permit therefor except for as allowed by this section. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the right-of-way manager a permit in compliance with this article.
(1) 
Before issuing a permit, the right-of-way manager shall have been provided a written application, on a form furnished by the right-of-way manager, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications. Plans shall be drawn at a reasonable scale that legibly and accurately show all existing improvements and proposed work. All proposed work must be shown in heavy or bold type lines and fonts. If proposed work is in phases or part of another overall drawing, show all existing and future work in lighter or faded out lines and fonts. If right-of-way user cannot show distinctive line weights, the plans shall clearly label the above information using text. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the state.
(2) 
At the time the permit is issued, the applicant shall pay a nonrefundable permit application fee in an amount as provided for in chapter 78, article IV.
(3) 
The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the right-of-way manager, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article.
(4) 
No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and/or private utilities with facilities installed in any right-of-way to relocate the facilities, at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way.
(5) 
Combinations of permits shall be permitted at the sole discretion of the right-of-way manager. Fees shall be assessed based on the excavations permitted.
(6) 
Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this article.
(Ordinance 02-05-65, sec. 3(1.12), adopted 5/7/02; Ordinance 2022-11-63 adopted 11/15/2022)
(a) 
The right-of-way manager reserves the right in his discretion to require a right-of-way permit on service connections. Unless otherwise required by the right-of-way manager, service connections do not require a permit if all of the following conditions are met:
(1) 
The service connection excavation shall not exceed four feet inside the right-of-way to property line;
(2) 
All excavation shall be in accordance with service connection drawings;
(3) 
The address for the service connection is on the city provided form, which is submitted to the right-of-way manager via e-mail. Work shall not begin until the electronic form is transmitted to the right-of-way manager;
(4) 
The excavation required is less than 18 inches in depth;
(5) 
The excavation is no wider than two inches or is hand dug; and
(6) 
The service connection does not require boring.
(b) 
Irrigation and backflow system installation does not require a right-of-way permit if all of the following conditions are met:
(1) 
The work is performed with an existing valid irrigation or backflow permit issued by the city for the installation of an irrigation or backflow system, as applicable;
(2) 
The excavation does not exceed 18 inches in depth and 24 inches in width;
(3) 
The address for the site of the work is listed on the irrigation or backflow permit; and
(4) 
Line locates from the city are not required provided that the right-of-way user performing the work accepts full responsibility for any damages to or interference with city facilities caused by such work.
(c) 
New construction of single-family residential driveways, sidewalks, mailboxes and minor earthwork grading of single-family residential lots (less than 18 inches in depth) does not require a permit if all of the following conditions are met:
(1) 
The work is performed with an existing valid residential building permit issued by the city for the residential building;
(2) 
The excavation does not exceed 18 inches in depth;
(3) 
The address for the new residential construction is listed on the residential building permit and the building permit has not expired or been closed or terminated; and
(4) 
Line locates from the city are not required provided that the right-of-way user performing the work accepts full responsibility for any damages to or interference with city facilities caused by such work.
(Ordinance 02-05-65, sec. 3(1.12.1), adopted 5/7/02; Ordinance 17-04-25 adopted 4/4/17; Ordinance 2022-11-63 adopted 11/15/2022; Ordinance 2025-05-30 adopted 5/20/2025)
(a) 
Application for a right-of-way permit shall be submitted online in accordance with the procedures and requirements stated herein and on the city's website. The online application form shall be accompanied by maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction, and proposed start and completion dates. When the work includes excavating, which will exceed five feet in depth, a trench safety design sealed by a licensed professional engineer shall also accompany the application, unless otherwise provided by law.
(b) 
A permit shall only be valid for the area of the right-of-way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area is greater than that which is specified in the permit must apply for and receive a new right-of-way permit.
(c) 
Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The city will recognize only one point of contact.
(d) 
Permits will be issued or denied within five business days of the city receiving a complete application. Permits shall be valid for the dates specified in the permit. The applicant may request but is not guaranteed the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The city may approve or deny the application for such extended permit period. No permittee may commence work before the permit start date and, except as provided herein, no permittee may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the city prior to the permit end date. Applicants are required to attend a pre-construction meeting for major projects or any other projects identified by the right-of-way manager.
(e) 
An expedited permit may be requested, and shall be issued or denied within two days of application upon a showing of good cause, as solely determined by the right-of-way manager.
(Ordinance 02-05-65, sec. 3(1.13), adopted 5/7/02; Ordinance 2022-11-63 adopted 11/15/2022)
Every person making application for a permit in accordance with the provisions of this article, and having complied with such provisions, shall be entitled thereto, and, upon filing such application with the right-of-way manager, it shall be his duty to issue the permit, when the provisions of this article have been complied with.
(1) 
Upon receiving a complete online application for a permit and a plan prepared in accordance with the city specifications, the right-of-way manager's designee shall set forth all requirements, approve or disapprove the application, sign and return it to applicant. Excepting only emergency excavations, at least one working day prior to the start of work, the applicant shall notify the right-of-way manager the date the work will commence.
(2) 
No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed.
(3) 
Each permit shall state a time period for completion of all the work to be done hereunder. The right-of-way manager may in his sole discretion, grant extensions of time.
(4) 
No person in violation of any requirement of this article shall be issued a permit, nor shall any contractor or agent apply for or be issued a permit on the person's behalf, until the outstanding violation is/are corrected or a plan for correction is approved by the right-of-way manager. The right-of-way manager is entitled to grant exceptions upon a showing of good cause. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity.
(5) 
No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire and an extension is not granted before the expiration date, the right-of-way user shall procure a new permit, paying the applicable fee, prior to proceeding with any such work.
(6) 
In the event the applicant fails to provide all information required in the permit application, such as failing to identify a subcontractor or submit the correct site plans, the applicant will be required to submit a new permit application to provide the missing or incomplete information.
(Ordinance 02-05-65, sec. 3(1.14), adopted 5/7/02; Ordinance 2022-11-63 adopted 11/15/2022; Ordinance 2025-05-30 adopted 5/20/2025)
The right-of-way user and contractor (if used) shall be identified by three feet by three feet information signs on all work requiring a permit unless the right-of-way manager approves use of signs of different sizes. The signs shall state the name and phone number of the right-of-way user and contractor (if used). The signs shall be placed in the right-of-way on breakaway pole bases on each approach to the location where construction is occurring from the time of the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. The signs shall be displayed in a manner that does not hinder visibility of traffic at intersections or otherwise disrupt vehicular or pedestrian traffic.
(Ordinance 02-05-65, sec. 3(1.15), adopted 5/7/02; Ordinance 2022-11-63 adopted 11/15/2022; Ordinance 2025-05-30 adopted 5/20/2025)
(a) 
Any right-of-way user engaged in making or backfilling any excavation in any right-of-way shall, at all times while such work is in progress, keep at the job location the permit, or a copy thereof, and shall provide the same, when requested by any authorized city employee. At all times while the work is in progress, the right-of-way user shall also maintain at the job location signs identifying the right-of-way user's company name and telephone number with a minimum dimension of 12 inches by 12 inches and at least 1-inch-tall letters. Such signs shall be affixed on all heavy equipment, including trucks, boring rigs and backhoes.
(b) 
The right-of-way user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, irrigation, sidewalks, streets, signs, street lights, or other property at, near or encountered in its work. The right-of-way user shall determine the boundary of the right-of-way.
(c) 
All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of right-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the city pursuant to the policy and regulatory powers of the city necessary to provide for public convenience. The right-of-way user shall not trespass upon private property. The right-of-way user shall determine the boundary between right-of-way and private property.
(d) 
The city reserves the right to among others, lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes, and channels and streets, and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the city, in, across, along, over or under any right-of-way or public place occupied by a right-of-way user and to change any curb or sidewalk or the grade of any street and to maintain all of the city's facilities. In allowing such work to be performed by others, the city shall not be liable to a right-of-way user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a right-of-way user by such third party.
(e) 
All transmission and distribution structures, lines, equipment and facilities erected by a right-of-way user within the city shall be so located as to cause minimum interference with the proper use of the right-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of said streets. No pole may be placed in an area prohibited by another section of this article.
(f) 
If the city requires a right-of-way user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the city, to use, or to use with greater convenience, any right-of-way or public place, the right-of-way user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a right-of-way user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a right-of-way user's facilities; provided, however, that the city shall never be liable for such reimbursement.
(Ordinance 02-05-65, sec. 3(1.16), adopted 5/7/02; Ordinance 2025-05-30 adopted 5/20/2025)
(a) 
It is unlawful for any right-of-way user to perform construction in the right-of-way unless the right-of-way user is the holder of a valid registration under section 78-29 (registration) of this article.
(b) 
The right-of-way manager is entitled to suspend or revoke, temporarily or permanently, a right-of-way user's privilege to work in the right-of-way on any of the following grounds: providing false or misleading information; failing to provide updated information to the right-of-way manager as soon as practicable but in no event later than 5 days of the date such information changes as required by section 78-29(b)(3) of this article; allowing another person, other than the right-of-way user's employees, to use the right-of-way user's registration for the purpose of doing any work within the right-of-way; subcontracting to any person any work for which a registration is issued to the right-of-way user; failing to maintain insurance that complies with chapter 78, article V (indemnification, insurance, bonding and liability); failing to make a request for or an inquiry regarding facilities locates in compliance with section 78-26 of this article and/or working in the public right-of-way without having a valid and unexpired line locate confirmation number issued by the department; or being convicted of, or acknowledging, three or more violations of this article II (right-of-way management) or any other ordinance of the city within a 12-month period.
(Ordinance 02-05-65, sec. 3(1.16.1), adopted 5/7/02; Ordinance 16-09-70, sec. 2, adopted 9/6/16; Ordinance 2022-11-63 adopted 11/15/2022)
(a) 
Excavation and boring shall be conducted between the hours of 7:00 a.m. to 3:30 p.m. on Monday through Friday and between 8:00 a.m. to 5:00 p.m. on Saturday, except on holidays, unless extended hours is approved in writing by the right-of-way manager. No excavation or boring shall be performed on holidays or on Sunday, unless approved in writing by the right-of-way manager.
(b) 
All work requiring an inspection shall be done between the hours of 7:00 a.m. to 3:30 p.m. on Monday through Friday, except on holidays. No work shall be performed on holidays, unless extended hours is approved in writing by the right-of-way manager. A right-of-way user may work on Saturday subject to the written approval of the right-of-way manager and a notification no later than 3:30 p.m. on Wednesday before the Saturday in which the work is to be performed. The Saturday inspection fee must be paid prior to 3:30 p.m. on Wednesday prior to the Saturday in which the work is to be performed.
(Ordinance 02-05-65, sec. 3(1.17), adopted 5/7/02; Ordinance 2022-11-63 adopted 11/15/2022; Ordinance 2025-05-30 adopted 5/20/2025)
A permit may be denied or suspended for any of the following reasons:
(1) 
Failure to provide proof of a surety bond or liability insurance acceptable to the city or notice of termination of the same.
(2) 
Failure to secure a contractor's license or other required license.
(3) 
Failure to perform in accordance with the requirements of this article.
(4) 
The excavation would be in a street and not otherwise permitted by this article.
(5) 
The proposed warning or other traffic control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the right-of-way manager.
(6) 
The proposed activity would violate any city ordinance or state or federal law, rule, regulation or statute.
(7) 
The permit application contains false or misleading information.
(8) 
The activity would cause a public health or safety hazard.
(9) 
The right-of-way user is not authorized within the city.
(10) 
The right-of-way user is in violation of this article relative to work in progress.
(11) 
The right-of-way user has not compensated the city, or is not legally obligated to compensate the city by contract, by agreement or by law, for using the public property; or the right-of-way user has failed to timely make required payments.
(12) 
A representative of a franchise utility fails to attend two or more utility coordination committee meetings within a 12-month period.
(13) 
The right-of-way user fails to comply with the construction timelines of city projects.
(Ordinance 02-05-65, sec. 3(1.18), adopted 5/7/02; Ordinance 06-08-86, sec. 4, adopted 8/2/06; Ordinance 2022-11-63 adopted 11/15/2022)
A right-of-way user that (i) has been denied registration or a permit; (ii) has had its registration or a permit suspended or revoked; or (iii) believes that fees imposed are invalid, may appeal such denial, suspension, revocation or fee imposition as follows:
(1) 
The right-of-way user shall file a written notice of appeal with the right-of-way manager within five business days of the date the decision was rendered or the action occurred. The notice must state the grounds for the appeal and, if applicable, the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision on the appeal within five business days. Failure to render a decision within five business days shall constitute a denial.
(2) 
If the right-of-way user's appeal to the right-of-way manager is denied, the right-of-way user may file a written notice of appeal to the director of public works within five business days of receipt of the right-of-way manager's written decision. The director of public works shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial.
(3) 
If the right-of-way user's appeal to the director of public works is denied, the right-of-way user may file a written notice of appeal to the office of the city manager within five business days of receipt of the director of public works' written decision. The city manager shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial. The city manager's decision shall be final.
(Ordinance 02-05-65, sec. 3(1.19), adopted 5/7/02; Ordinance 16-09-70, sec. 2, adopted 9/6/16)