(a) 
This article does not apply to City-performed work.
(b) 
In this division, “director” means the department director or their designee, designated by the city manager.
(c) 
Unless a person obtains a permit from the director under this article or demonstrates to the director that the person is exempt from obtaining a permit for use or occupation of public right-of-way, a person may not perform any activity in the public right-of-way that includes:
(1) 
Construction;
(2) 
Excavation;
(3) 
Installation, maintenance, or placement of facilities intended for short or long-term occupancy of the public right-of-way; or
(4) 
Temporary use.
(d) 
A person claiming an exemption from permitting under this article must request and obtain a written exemption determination from the director 30 days prior to commencing any activity in the right-of-way by providing the director evidence in a form determined by the director necessary to make a determination that the person is exempt.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
Before the director grants a permit under this article, an applicant for a permit shall furnish to the director evidence that the applicant has obtained insurance coverage for bodily injury and property damage liability in the amount and under the terms in the following amounts:
(1) 
For damages arising out of bodily injury to, or death of one person in any one accident: One hundred thousand dollars ($100,000.00).
(2) 
For damages arising out of bodily injury to, or death of two or more persons in any one accident: Three hundred thousand dollars ($300,000.00).
(3) 
For injury to, or destruction of, property in any one accident: Twenty-five thousand dollars ($25,000.00).
(4) 
Such insurance shall be kept in full force and effect during the period of time for which a permit shall be issued or the space occupied. No insurance shall be required of a franchise holder if the franchise fee includes the cost of using the City streets, and said franchise includes an insurance or indemnification agreement between the City and the franchise holder.
(b) 
The director may not require additional insurance of a City franchise holder if the franchise agreement authorizes installation of facilities in the right-of-way and requires the permit holder to maintain insurance coverage meeting or exceeding the requirements of subsection (a) of this section.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
The director may not issue a permit under this article unless an applicant furnishes proof of fiscal security in accordance with the requirements of this section.
(b) 
Fiscal security must be in the form of a surety bond, letter of credit, or cash deposit in the amount of $10,000, unless a different form or amount is prescribed by the Transportation Criteria Manual.
(c) 
A surety bond must be issued by an insurance company licensed to operate in the State of Texas and with an agent or attorney in the City for service of process and contain an endorsement that no cancellation or restriction of the bond is effective unless the director receives advance written notice, by certified mail, return receipt requested, of the cancellation or restriction.
(d) 
The permit holder must agree to remove equipment from the right-of-way.
(e) 
The permit holder must agree to perform and the fiscal security must cover the permit holder’s performance of restoration activities, including:
(1) 
Removal of equipment and facilities from the public right-of-way;
(2) 
Replacement and restoration of disturbed or damaged sidewalks, pavement, and other public property and public utilities;
(3) 
Construction and removal of protective railing and other safeguards during the permit holder’s occupancy of the right-of-way; and
(4) 
Any restoration or facility removal necessary to restore the right-of-way to its original condition in the event the permit holder abandons its permitted activity.
(f) 
The director may not require additional security of a City franchise if the franchise agreement authorizes installation of facilities in the right-of-way and requires the franchisee to furnish fiscal security meeting or exceeding the requirements of this section.
(g) 
A permit holder who damages the City in an amount exceeding the amount of the security required by this section shall be liable to the City for actual damages in excess of the security provided.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
An applicant may appeal the denial of an application filed under this article to the director by filing a written appeal that provides a reason and supporting evidence for reconsideration no later than the third business day after the applicant receives notice of the denial.
(b) 
The director shall reconsider the denial based on reasons and evidence provided by the applicant. If the director determines that the application was correctly denied, the director shall forward the appeal to the city manager for final action with the director’s recommendation to affirm the denial.
(c) 
The city manager shall decide an appeal under this section not later than the tenth business day after receipt of the appeal from the director. The city manager’s decision is final.
(d) 
The director will not consider an appeal under this section until an available statutory right to cure a permit denial has been exhausted.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a) 
An application for a permit under this article must:
(1) 
Be submitted in the manner required by this article and according to forms provided by the director; and
(2) 
Be accompanied by a nonrefundable application fee established by separate ordinance.
(b) 
The director may not issue a permit under this article until:
(1) 
The applicant pays the applicable fees for use of the right-of-way in accordance with appendix A fee schedule, section 2.300 public works fees, as amended and provides the insurance and security required by section 16.03.002 (insurance required) and section 16.03.003 (security required); and
(2) 
The applicant agrees in writing to indemnify, defend, and hold the City harmless against any claims, causes of action, losses, liabilities or damages arising from, or in connection with, the applicant’s permitted activity conducted under a permit issued under this article.
(c) 
In approving a permit under this article, the director may impose any of the following permit conditions that the director determines are necessary to protect the public health and safety:
(1) 
Require the use of barricades, signals, signs, police officer or other traffic-control or safety devices in addition to those proposed in the application;
(2) 
Designate hours of the day and days of the week to perform the permitted activity;
(3) 
Designate hours, day, and areas for street closure; and
(4) 
Restrict the location of materials, equipment, and excavated materials.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
A permittee under this article shall:
(1) 
Post a copy of the permit at an easily accessible location on or immediately adjacent to the affected sections of right-of-way at all times until the construction, excavation, installation of facilities, or any other permitted activity that disrupts the right-of-way is complete; and
(2) 
Present the permit for inspection on request by a City official.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
Unless otherwise provided by state law, a permit is not assignable without the consent of the director. The director may establish such terms and conditions for assignment of a permit as may be consistent with state law.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)