(a)
An owner may begin emergency operations without a permit, provided the owner notifies the director of the location and nature of the emergency condition prior to or at the time the emergency operation commences, and provided the emergency operation is necessary to prevent an imminent threat to public health or safety.
(b)
An owner who begins emergency operations shall apply for a permit not later than noon of the next city business day.
(c)
An owner must comply with the procedures prescribed in the Transportation Criteria Manual in performing an emergency operation.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
An applicant for a permit to excavate or install a facility in the right-of-way shall submit an application on a form and in the manner prescribed by the director.
(b)
An application must include:
(1)
The name, address, telephone, and facsimile telephone number, if any, of the applicant or applicant’s agent;
(2)
An emergency telephone number at which the applicant, or person who intends to excavate may be contacted on a 24 hour basis;
(3)
The proposed beginning and ending dates of any activity requiring use or occupation of public right-of-way;
(4)
A schedule for restoration of the right-of-way;
(5)
The proposed area, method, and location, including street address, cross streets, or other applicable description of the excavation or facility installation;
(6)
Proof of insurance and security as required by this Article (7) proof that the owner has a franchise, license, or other legal right to install facilities in a right-of-way, if the proposed activity is installation of a facility;
(7)
A quality assurance and damage mitigation plan, if required;
(8)
A certification from the applicant that a pre-application site assessment for a facility installation has been completed and that the application being submitted addresses all comments received and issues raised during the site assessment, if applicable;
(9)
A statement that the applicant has complied with applicable state and federal laws and regulations; and
(10)
Any other information required by the director to evaluate and process the application.
(c)
The application must be accompanied by drawings, plans, and specifications, as applicable, bearing the seal of a professional engineer licensed to practice in the State of Texas. The suggested format for documents is 11 inches by 17 inches at a scale of no smaller than 1 inch = 40 feet in plan view, and 1 inch = 6 feet in profile view. Each document must include:
(1)
Horizontal alignment of all proposed facilities in relation to all existing public and private facilities in plan view;
(2)
Representation of the vertical alignment of the facilities in profile view including location of existing public and private facilities; and
(3)
A note instructing the contractor to verify the location of the underground utilities using nondestructive methods, including subsurface utility engineering where reasonably practical, as determined by the director, at least 100 feet in advance of all proposed utility crossings, and also at locations where the proposed facilities are depicted to run parallel to and within five feet of existing facilities.
(d)
Except as otherwise provided by law, an applicant for a permit shall pay the permit fee and street damage restoration fee prescribed by separate ordinance, if applicable.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
In reviewing an application for a permit, the director shall consider the following:
(1)
The size of surface and subsurface area to be affected;
(2)
The period of time the applicant proposes to occupy the area;
(3)
The safety of the pedestrian and vehicular traffic in and adjacent to the occupied area; and
(4)
The traffic congestion and the vehicular parking requirements at the location.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
The director may not issue a permit for excavation in a new street except as provided in this section.
(b)
The director may approve a permit to excavate a new street under this section only if the director determines that an economical alternative route is not available to the applicant.
(c)
The director shall make a determination under this section promptly after receipt of an application.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
The director shall review an application promptly after it is filed.
(b)
If the director denies an application the director shall provide the applicant a written reason for the denial.
(c)
The director shall deny an application if:
(1)
The proposed traffic-control procedures or equipment do not comply with the requirements of the Manual on Uniform Traffic-Control Devices and the Transportation Criteria Manual;
(2)
The director determines that the applicant can perform the excavation or installation without blocking or closing the street or without excavation in a right-of-way;
(3)
The proposed activity violates a city ordinance, applicable criteria manual, or a state law;
(4)
The applicant fails to furnish the information required by this division;
(5)
The application contains misleading or false information;
(6)
The proposed activity conflicts with a permit previously approved by the director;
(7)
The proposed activity would cause a safety hazard or impede traffic flow unless the application provides adequate protection for pedestrian or vehicular traffic at the location of the proposed activity;
(8)
The owner does not have a franchise, license, or other legal right to place facilities in the right-of-way, if applicable;
(9)
The applicant’s proposed restoration method and schedule do not meet the requirements of all applicable City Codes and Ordinances.;
(10)
The applicant failed to restore the right-of-way as required;
(11)
The applicant owes the City unpaid fees imposed by this division;
(12)
The director determines that the applicant has failed to demonstrate that an excavation or facility installation is necessary considering any unused capacity of facilities existing in the right-of-way or permitted or pending permit approval for installation in the right-of-way; or
(13)
The applicant does not have an agreement with a pole owner allowing the applicant to attach the facilities for which the applicant is seeking a permit for facility installation.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
Unless a permit expires sooner for non-performance or is terminated before expiration, a permit issued for installation of a facility in the public right-of-way expires at midnight on the fifth anniversary of the date of its issuance.
(b)
The director may extend the expiration date for successive periods of up to five years each if the permit holder requests an extension not later than 30 days before the expiration of the then-current permit term.
(c)
A permit is not eligible for an extension if, on the date the extension request is made:
(1)
The owner has been notified that it is not in compliance with applicable federal, state, or local law and has not, in the opinion of the director, diligently pursued action to comply with the law;
(2)
The permitted facility is attached to a pole in the public right-of-way and the facility owner has not provided to the director a valid and binding agreement with the pole owner granting the facility owner a right to attach to the pole for a period that extends beyond the requested extension period; or
(3)
The then-current permit expires in less than 30 days.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
An excavation permit is valid during the period prescribed by the director.
(b)
If a permit holder does not begin excavation according to the excavation sequence, the director may reschedule the excavation activity for the end of the excavation sequence and permit the next scheduled excavation to begin.
(c)
If the director determines that an excavation activity is 14 or more days behind the approved schedule in the excavation sequence, the director may order that all work on the excavation activity be stopped. The director may discontinue the project until a later time period in the excavation sequence or until a later excavation sequence.
(d)
The director may extend the finish date if the extension does not interfere with the coordination of projects within the excavation sequence.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
A permit holder shall comply with the terms and conditions of the permit, the applicable criteria manuals, including the Transportation Criteria Manual, and applicable law.
(b)
A facility may not be installed 24 inches or more from an approved right-of-way assignment, or 24 inches or less from an existing facility in the right-of-way, without first submitting a project description for and obtaining approval of a right-of-way assignment change.
(c)
A permit holder shall provide and maintain traffic-control devices required by the Manual on Uniform Traffic-Control Devices, the Transportation Criteria Manual, or the permit. The devices must be in good condition, clean, and legible.
(d)
A permit holder shall perform permitted activities in accordance with the plans and specifications approved by the director.
(e)
A permit holder shall perform jacking and boring operations in a manner that does not weaken or impair the right-of-way.
(f)
A permit holder shall post a sign at each entrance to an excavation site that is clearly visible to motorists and pedestrians traveling near the excavation site. The sign must be at least 36 inches by 36 inches, with black lettering at least two inches in height on a white high intensity reflective background. The sign must contain the name of the owner, the permit holder, and an emergency contact name, address, and telephone number.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
A facility owner shall remove, relocate, or alter a facility in a public right-of-way if the director determines that removal, relocation, or alteration of the facility is necessary for the construction, operation, repair, maintenance, or installation of a City or other governmental entity’s facility.
(c)
An owner shall remove, relocate, or alter a facility in a public right-of-way by no later than the deadline assigned by the director:
(e)
The owner shall pay all relocation and alteration expenses, including consequential damage that results from locating a facility outside the assigned area.
(f)
This section does not prevent an owner from recovering the cost of relocating or removing a facility in the public right-of-way from a non-governmental third party that initiates a request for relocation or removal, or from a governmental entity that has authorized payment for relocation or removal costs.
(g)
The owner shall provide the director with documentation and field location records for a relocated facility.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
A permit holder shall maintain repairs in the right-of-way. The director may require a permit holder to enter a maintenance agreement for a period not to exceed two years and provide a surety bond in the amount of $10,000.00 for maintenance of the repair.
(b)
A permit holder shall warrant, and by acceptance of a permit, does warrant for a period not to exceed two years, pavement repairs made by the permit holder until the City or another permit holder reconstructs the street or overlays the repair. An owner shall warrant backfill for the lifetime of the facility.
(1)
The director shall notify a permit holder of repairs required under this subsection.
(c)
An owner shall adjust and maintain adjustments of utilities in advance of City capital improvements for a period of six weeks following the adjustment or until the City begins construction of the improvement, whichever period is less.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)
(a)
Except as otherwise provided by law, a person who excavates a street, sidewalk or driveway shall pay the City’s cost to inspect and restore the pavement.
(1)
On completion of a permitted activity, a permit holder shall restore and maintain the right-of-way to its original condition in accordance with the procedures and time the Transportation Criteria Manual, as determined by the director.
(2)
The director shall inspect the excavation and may finish the excavation and bill the owner or the permit holder, or apply the security, for the entire cost, if the permit holder does not finish the excavation within four weeks after the director makes a final inspection.
(b)
If the director revokes a permit under this section, the permit holder shall immediately restore the affected areas to their original condition. The permit holder must complete the restoration within 24 hours after the revocation and shall remove equipment, persons, materials, and debris from the right-of-way. The permit holder shall restore the area in compliance with the procedures contained in the Transportation Criteria Manual or other applicable City Codes and Ordinances.
(c)
If the director determines that the owner has not restored the right-of-way as required by this division or that the restoration is not complete, the director may restore the area to the condition that existed before the permitted activity. The City may recover from the permit holder and the owner, jointly and severally, the actual expenses incurred in the restoration including, the cost of labor, materials, overhead, rental of equipment used in restoring the site, and attorney’s fees. The City may institute procedures to forfeit bonds or other security furnished in connection with the permit.
(Ordinance CO15-19-05-09-E1 adopted 5/9/19)