[1]
State law reference—Subsurface excavations, V.T.C.A., Water Code, sec. 31.001 et seq.; municipal regulation of obstructions on streets, etc., V.T.C.A., Transportation Code, ch. 311.
(a) 
Any person who undertakes to perform any work upon, in, under, above or about any public street, highway, roadway, alley or sidewalk hereafter collectively called public right-of-way, which requires that the right-of-way be partially or completely closed for construction and/or maintenance operation which work shall require excavation within or occupancy of the whole or a portion of the width of any such public right-of-way by equipment, materials, debris or workmen shall use barricades, signals, flags, flares and all other traffic control and warning devices and procedures about the work area during the duration of the work within the public right-of-way of the type and in the manner required by the Uniform Barricading Standards adopted herein below. Such persons shall also be required to obtain a permit from the street superintendent if the specifications stated in section 3.07.003(b) are applicable, with the exception of the state department of highways and public transportation conducting work on any state designated system.
(b) 
The permit holder shall provide, erect, place and maintain all warning signs, traffic control devices and barricades required by the Texas Manual on Uniform Traffic Control Devices or the street superintendent. All such signs, devices and barricades should be in good condition, clean and legible and shall be of the type required by the Texas Manual on Uniform Traffic Control Devices; provided, that the street superintendent may authorize the use of different or special devices and equipment if, in his opinion, such equipment will be at least as effective for its intended purpose as that set forth for such purpose in the Texas Manual on Uniform Traffic Control Devices. When additional regulatory signs are deemed necessary by the street superintendent such signing will be installed as directed by the street superintendent along with such regulatory signs as are required to be provided by the city as required by the manual.
(1998 Code, sec. 3.701)
Alley.
Minor traveled ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Contractor.
Any person or group of persons entering into an agreement with the city.
Detour.
An alternate route in which vehicular traffic is directed around a street which is closed.
Emergency.
An unforeseen combination of circumstances or the resulting state that calls for immediate action.
Manual.
The Manual on Uniform Barricading Standards.
Permit.
A written letter of approval from the street superintendent or his appointed representative.
Public Right-of-Way.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Shall, should and may.
The word “shall” is a mandatory condition; the word “should” is an advisory condition to insure safe operation conditions; and the word “may” is a permissive condition.
Street superintendent.
The person designated as the street superintendent of the city.
Street.
A traveled way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.
(1998 Code, sec. 3.702)
(a) 
Permit required.
(1) 
Application.
When a permit is required, the permit application shall, unless otherwise authorized by the street superintendent for good cause shown, be filed with the city at least five (5) days prior to the day the applicant seeks to first close or block any part of the roadway and shall contain the following information:
(A) 
The name, telephone number, local address and principal place of business of the applicant;
(B) 
The name and day and night telephone number of the engineer, foreman or other person who will be in charge of the construction or repairs for which the application is requested;
(C) 
The times of the day and total number of calendar days the applicant seeks to block the roadway;
(D) 
A statement signed by the applicant or a person authorized to bind the applicant that the applicant will indemnify and forever hold the city harmless against each and every claim, demand or cause of action that may be made or come against it by reason of or in any way arising out of the closing or blocking of the roadway by the applicant under a permit from the city, if such permit is granted;
(E) 
A standard barricading layout showing placement of barricades, cones and informational signs used on the project;
(F) 
An explanation as to the type of equipment to be used, and the nature or type of work that is to be performed along with its location;
(G) 
Evidence of a bond in the amount of $10,000.00 upon which the city can draw to correct any problems caused by the applicant’s work.
(H) 
Certificate of general liability insurance in the minimum amounts of $100,000.00/500,000.00 bodily injury and $100,000.00 property damage.
(2) 
Approval or disapproval.
The street superintendent shall either approve or disapprove the application in five (5) business days after it is submitted. The street superintendent may approve an application either as applied for or subject to special requirements, as provided in subsection (a)(3), which special requirements shall be endorsed on the permit when issued and become a part thereof. If an application is not approved, the street superintendent shall so notify the applicant, in writing, stating the reasons for disapproval. An applicant may, if he so desires, undertake the revision of the unapproved application and resubmit it to the street superintendent who shall approve, approve subject to special requirements or disapprove the amended application within two (2) business days.
The street superintendent may disapprove applications for permits under this article only for the following reasons:
(A) 
The proposed barricading, channelizing, signing, warning or other traffic control procedures or the equipment therefor do not comply with the requirements of the manual;
(B) 
The nature of the work to be performed or its location is such that the work may, without imposing any undue hardship on the applicant, be performed without the necessity of blocking or closing the roadway;
(C) 
The work or the manner in which it is to be performed will violate a city ordinance or a state statute;
(D) 
Failure to furnish all of the information required by this subsection or, except for good cause shown, to file the application within the time prescribed by this article;
(E) 
Misrepresenting or falsifying any information in the application.
(3) 
Special requirements.
The street superintendent may at the time he approves the application or any time after a permit is issued require:
(A) 
The use of specific location of additional barricades, signals, signs or other traffic control or safety devices, or the pursuance of special traffic control or safety procedures;
(B) 
That the work be performed only at certain hours during the day or night or during specified days of the week;
(C) 
That only a specified area or not more than a specified number of lanes shall be blocked at the same time or at specified times of the day;
(D) 
That materials and equipment be moved from the traffic lanes and any excavation in the traffic lane be covered or filled with materials of sufficient strength and construction to permit vehicular traffic to pass over such excavation during all or part of the peak traffic periods or at night.
When such requirements are deemed necessary by the street superintendent in the interest of public safety and to avoid traffic congestion, any such special requirements shall be endorsed on the permit and shall be a part thereof.
(4) 
Revocation.
The street superintendent or his authorized representatives may revoke a permit issued hereunder if any of the permit holder’s barricading, signing, channelizing, warning or other traffic control procedures or the equipment at the work site do not comply with the requirements of the manual, or with any special requirements imposed by the street superintendent. The permit holder or the person named as responsible for or in charge of the work in the permit shall first be notified of the failure or defect and be given a reasonable time, such length of time to be determined by the street superintendent and not to exceed twenty-four (24) hours, to correct same before such permit is revoked. In the event a permit issued under this article is revoked, it shall be unlawful to continue to block the roadway, except to restore the site to its proper condition as required herein.
(5) 
Restoration.
In the event a permit is revoked, the permit holder shall immediately commence operations to restore the work area within the roadway to its proper condition, such work to be completed within twenty-four (24) hours. In addition, except as required to restore the work area to its proper condition, the permit holder shall remove all equipment, men, materials and debris from the roadway. In the event such restoration is not done, the city shall be authorized, at its election, to take charge of the work and restore the premises to its proper condition and shall be entitled to recover from the permit holder by civil action the actual expenses incurred by the city in restoring the premises, including but not limited to, cost of labor, materials, overhead, rental of any equipment used by the city in restoring the site and attorney’s fees, and for such purposes the city shall have a right of action against any bonds in effect running from the holder of the permit to the city, conditioned upon compliance with the ordinances of the city in the performance of said work.
(b) 
Persons requiring permits.
(1) 
Contractor’s requirements.
Any contractor undertaking any work whether of his own accord, or under contract for any other person, and such work is within a city street and requires that a set of plans be drawn up due to the extensive and/or complex nature of the work, must file for a permit under this article before beginning construction. Proof must also be shown that he has obtained approval by other affected agencies of the city to actually perform the work.
A plan must be prepared by the contracting agency showing where work is to be performed. The plan will include a standard barricading layout showing placement of barricades, cones and informational signs used on the project. In most cases, layouts will be similar to those shown in the manual. Deviation from the manual will be allowed only with approval of the street superintendent or his appointed representative.
The plan as mentioned above, must be submitted a minimum of five (5) business days prior to actual beginning of the construction work. This time period will allow the street superintendent the opportunity to survey the construction site in an attempt to uncover any traffic problems which might develop as a result of the barricading.
Each contractor or construction agency will provide with his barricading plan a listing of all persons directly responsible for the safety on each project to include any address or a telephone listing at which said person can be reached at any hour of the day if a hazardous condition develops.
(2) 
Contract work by city prepared construction plans.
In the event the contractor undertakes work based on plans prepared by, or on behalf of the city, all detour and barricading requirements will be inserted as part of the construction plans.
In this situation, the contractor’s acceptance of the construction project will serve as indication that he understands the layout and is responsible for compliance with the requirements of this article, subject to the penalties established in this code.
(3) 
City forces and public utility company requirements.
All city forces, as well as public utility companies performing construction work within a street which requires that a set of plans be drawn up due to the extensive and/or complex nature of work, will be subject to the same requirements established in subsection (b)(1) above. Such work would include major street construction (street cuts, street widening, etc.), water and sewerage line laying or relocation or off-street construction which requires that a portion of the adjacent roadway be barricaded.
Construction work performed by city forces or utility companies, minor enough such that a set of plans need not be drawn up, will not be subject to the same requirements established in subsection (b)(1) above. Such work includes minor street construction (resurfacing, patching, striping) minor utility work (usage of manholes such that a lane must be barricaded), etc.
These forces will be required, however, to comply with all other provisions set forth in the manual as to the construction site, barricade layout and signing. In addition, the street superintendent or his authorized representative shall be contacted before said construction work is begun and be informed of the location and nature of construction. This work shall not be performed during the peak hour congestion periods of 7:00–9:00 a.m. and 4:00–6:00 p.m., unless approved by the street superintendent.
(c) 
Emergency situations.
The requirements as mentioned above are to be used for all planned construction projects. In the event of an emergency type situation, notification of work to be done can be made by telephone directly to the street superintendent or his appointed representative, thereby bypassing the requirements mentioned above. Under these conditions the contractor or agency will still be required to follow the basic barricading standards as outlined in the manual.
(1998 Code, sec. 3.703)