For purposes of this division, the following terms shall have
the respective meanings ascribed to them:
Barricades, signs, traffic cones, signals, flags, flares,
and all other traffic-control and warning devices and procedures as
outlined in the Texas Manual on Uniform Traffic Control Devices.
Any obstruction of the street, sidewalk, or right-of-way.
A hole that is drilled under a street, highway, roadway,
alley, or sidewalk.
The city engineer of the City of Beaumont or his authorized
representative.
Any person or group of persons entering into an agreement
with the city.
The director of public works of the city or his appointed
representative.
A situation in which life, health, or property is in danger
or may be in danger. Failure of utility service is an emergency.
The Texas Manual on Uniform Traffic Control Devices.
Written approval.
An individual, firm, partnership, corporation or governmental
entity.
All that property held by the city for street, highway, roadway,
or sidewalk purposes, but shall not include easements and publicly
held property commonly known as alleys located at the rear of lots
and used for utilities and utility access.
The word “shall” indicates a mandatory condition;
the word “should” indicates an advisory condition to insure
safe operation conditions; the word “may” indicates a
permissive condition.
Shall be construed to embrace streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public highways in the
city. Arterial, collector, and local streets shall be as designated
on the city’s official street and highway plan, as amended from
time to time. A copy of this plan shall be on file in the office of
the city clerk.
Any excavation, cutting or tunneling of, or placing any earth
or excavation material upon, any right-of-way.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-57; Ordinance 07-060, sec. 23, adopted 6/5/07)
(a)
Restoration required.
When any part of any street, avenue
or alley, or other public place, in this city, shall be torn, dug
up or taken up for any purpose, the person doing the same shall, upon
completion of the work, and as fast as practicable during the accomplishment
thereof, return the earth and ram and puddle the same to a firm and
solid bearing, and in such manner as will entirely prevent settling
of such earth, and leave the street in as good condition as he found
it, and to the entire satisfaction of the city engineer.
(b)
Restoration after excavation.
Parties taking up any pavement or making any excavation, as provided in subsection (a) of this section, shall do so in a careful manner, and on paved streets shall preserve every part thereof, and in case of any excavation made, shall refill the same and thoroughly tamp and leave the same in first-class condition for re-laying the pavement, and on unpaved streets the excavation shall be refilled in the same manner to a height level with the street, and should any depression afterwards occur in any line of trench, it shall be refilled until it is permanently settled and flush with the street, and in all cases the street shall be left in as good condition as found.
(c)
Permit.
It shall be unlawful for any person to in any
manner disturb or take up any portion of any street, paved or unpaved,
in the city, without first having applied to the proper authority
of the city and obtained a permit to do so, after stating the amount
of pavement necessary to be taken up.
(d)
Digging holes prohibited.
It shall be unlawful for any
person to pick or dig holes in the streets or drive any sharp instrument
therein that will make a hole.
(1958 Code, secs. 33-5–33-8; 1978 Code, secs. 23-15–23-18; Ordinance
07-060, sec. 6, adopted 6/5/07)
Any person who undertakes to perform work or other activity upon, in, under, or above any public right-of-way which requires that the right-of-way be partially or completely closed shall use barricades, signals, signs, flags, flares, and other traffic-control warning devices and procedures during the duration of the activity in the manner outlined by the Texas Manual on Uniform Traffic Control Devices adopted hereinbelow. Any such person shall also be required to obtain a permit from the director of public works unless specifically exempted by section 14.03.182. The permit must be acquired before activity is begun.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-59; Ordinance 07-060, sec. 24, adopted 6/5/07)
The current Texas Manual on Uniform Traffic Control Devices
is hereby incorporated into and made part of this section by reference
and shall be on file in the office of the city clerk.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-60; Ordinance 07-060, sec. 25, adopted 6/5/07)
(a)
Except in an emergency, or unless approved in advance by the director
of public works, no street blockage shall occur on an arterial or
collector street between the hours of 7:00 a.m. and 9:00 a.m. and
the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday.
(b)
All traffic lanes of arterial and collector streets and all sidewalks
along such streets shall be opened and all street cuts shall be paved,
covered by steel plates, or backfilled at the conclusion of each day’s
work to the satisfaction of the city engineer. Street cuts which would
be impractical to close at the conclusion of each day’s work
shall be left open only if prior approval has been obtained from the
city engineer and director of public works.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-67; Ordinance 07-060, sec. 29, adopted 6/5/07)
The applicant shall be responsible for all work, activity, barricades,
maintenance, restoration, and other actions required by the permit,
the manual, the nature of the work, and all other applicable laws
and standards. The city is not required to provide labor, materials,
barricades, working conditions, or other actions necessary for performance
of work or other actions.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-70)
The permittee shall mark each street cut with an identifying
colored marker, located to avoid areas of heavy traffic flow. The
colors for the required marks are as follows:
(4)
Safety precaution blue:
Water systems and slurry pipe
lines.
(5)
Safety green:
Storm and sewer systems.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-71; Ordinance 07-060, sec. 32, adopted 6/5/07)
An applicant for a street cut permit shall have in force with
the city a surety bond in the principal amount of twenty thousand
dollars ($20,000.00); provided that no bond shall be required of any
utility company franchised by the city. The bond shall be executed
by the permittee as principal and by a corporate surety satisfactory
to the city engineer and in a form satisfactory to the city attorney.
The bond shall be payable to the city for the use and benefit of any
person entitled thereto and conditioned that the principal and surety
will pay all damages to any person caused by, or arising from, or
growing out of, any violation of the terms of this division. Recovery
on such bond shall be cumulative. The bond shall provide that it may
not be cancelled without thirty (30) days’ prior written notice
to the city. The bond shall be good for a period of one (1) year from
date of issuance of the permit.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-72; Ordinance 07-060, sec. 33, adopted 6/5/07)
Removal and replacement of existing concrete shall be made by
the use of breakout grooves sawed by a concrete saw in accordance
with details shown on the plans accompanying the application for a
street cut permit and as directed by the city engineer. Where street
cuts are made within three (3) feet of existing dummy joints, construction
joints, or expansion joints, concrete shall be removed to the existing
joint. Breakout grooves shall be cut perpendicular to the surface
as directed by the city engineer and shall be sawed to a depth not
less than one and one-half (1-1/2) inches.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-73)
(a)
A street cut permit shall be issued for a period of time adequate
to complete the proposed street cut.
(b)
If a street cut does not comply with the terms of this division,
the city engineer shall notify the permittee in writing of the deficiency.
If the street cut is not properly repaired within fifteen (15) days
of the written notice, the city may make necessary repairs and charge
the permittee therefor at a rate sufficient to cover all direct costs
incurred plus twenty-five (25) percent of that cost to compensate
for unquantifiable administrative expenses and other overhead. In
situations in which the permittee cannot be reached and notified by
telephone, in person, or in writing or does not respond after such
notification and the deficiency is an emergency, the city may make
necessary repairs and charge the permittee for all direct costs incurred
plus twenty-five (25) percent.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-74)
Permanent patches and repairs shall be made of a material that
corresponds with the material in the existing street. An asphalt patch
shall not be permitted in a concrete street, nor shall a concrete
patch be permitted in an asphalt street.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-75)
Bore holes shall be made in a manner that will not interfere
with the operation of the street or other facilities and shall not
weaken or damage any embankment or structure. The use of water or
other fluids in connection with a boring operation shall be permitted
only as necessary to lubricate cuttings. Jetting shall not be permitted.
The street above a completed bore hole shall have no indentations,
pockets or recesses that may trap and hold water, nor shall there
be bumps or high places resulting from the drilling of a bore hole.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-76)
Curbs and gutters to be replaced shall be removed to the next
expansion joint on both sides of the street cut or, with the approval
of the city engineer, the curb and gutter may be sawed with a concrete
saw to produce a smooth joint. Curbs and gutters shall be replaced
within forty-eight (48) hours of removal unless an extension is first
granted by the city engineer.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-77)
(a)
Backfilling material not under a street, roadway or sidewalk shall
be free from lumps, large rocks, or other foreign material and debris
and shall be compacted to the density of the original undisturbed
material.
(b)
Excavation, alteration, backfill, and repairs under a street, roadway,
or sidewalk shall be made in conformity with the standard drawing
and material requirements on file in the city engineer’s office;
provided that, in exceptional circumstances, when in the judgment
of the city engineer, modifications will be necessary to insure and
protect the best interest of the city.
(c)
The city may require density tests of backfill material by a testing
laboratory. If the material tested fails to meet compaction requirements,
the expense of the testing shall be borne by the permittee and it
shall take immediate action to correct all deficiencies; or, if the
questionable area, after testing, is shown to meet compaction requirements,
the cost of the test shall be borne by the city.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-78)
When, in the judgment of the city engineer, excavating within
a street should not be allowed, the street cut shall be bored, tunneled
or drilled under the paved section, and, where the city engineer deems
it necessary, such crossings shall be encased in a manner approved
by the city engineer.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-79)
Cleated equipment shall not be used in street cuts without use
of “street pads” to prevent damage to the street, roadway
or alley.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-80)
An applicant, other than the city or a utility company having
a franchise agreement with the city, shall, prior to the issuance
of a street cut permit, furnish the city with a copy of a policy of
insurance issued by an insurer acceptable to the city showing that
the permittee has in force, and will maintain in force during the
performance of the street cut and for the period of the street cut
permit, public liability insurance of not less than five hundred thousand
dollars ($500,000.00) for any one accident and property damage insurance
of not less than one hundred thousand dollars ($100,000.00).
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-81; Ordinance 07-060, sec. 34, adopted 6/5/07)
This division shall not be construed as imposing upon the city,
or any official or employee thereof, any liability or responsibility
for damages to any person; nor shall the city or any official or employee
thereof be deemed to have assumed any liability or responsibility
by reason of inspections, the issuance of permits, or approval of
any excavation work.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-82)
(a)
It shall be unlawful for any person, except the city, to make a street
cut unless such person shall first obtain a street cut permit from
the city engineer, except in the following cases:
(1)
A street cut permit shall not be required for the installation of
a utility pole which is installed without disturbing existing pavement
or paved sidewalks;
(2)
A street cut permit shall not be required of contractors performing
work for the city;
(3)
A street cut permit shall not be required of the state department
of transportation if work is to be performed on a street under the
jurisdiction and control of the state department of transportation;
(4)
A street cut permit shall not be required as a prerequisite to a
street cut in an emergency;
(5)
A street cut permit shall not be required for construction of a driveway
or sidewalk if permits under other applicable codes for such construction
have been obtained.
(b)
All other provisions of the code shall apply to each of the above
exceptions.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-58)
(a)
A barricading permit shall be required of any person, except the
city, who undertakes to perform work or other activity upon, in, under
or above any public right-of-way which requires that the right-of-way
be partially or completely closed, except in the following cases:
(1)
A barricading permit shall not be required for minor construction
work performed by utility companies. Utility work shall be considered
minor if a collector or arterial street is not blocked between the
hours of 7:00 a.m. and 9:00 a.m., and the hours of 4:00 p.m. and 6:00
p.m., Monday through Friday, and if the blockage does not exceed two
(2) hours during a twenty-four-hour period. Subject to the above limitations,
usage of manholes shall be considered minor utility work. At any time,
blockage of more than one traveled lane, or blockage of a single lane
when that lane is the only lane of travel for a direction, on any
arterial or collector street shall not be considered minor.
(2)
A barricading permit shall not be required for work when no portion
of the street is to be blocked and pedestrian movement can be maintained
without using the street.
(3)
A barricading permit shall not be required of contractors performing
work for the city.
(4)
A barricading permit shall not be required of the state department
of transportation if work is to be performed on a street under the
jurisdiction and control of the state department of transportation.
(5)
A barricading permit shall not be required as a prerequisite to a
street cut in an emergency.
(6)
A barricading permit shall not be required for construction of a
driveway or sidewalk if permits under other applicable codes for such
construction have been obtained.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-61)
(a)
Application for a street cut and/or barricading permit shall be made
in writing on a combined form provided by the city. The form shall
be obtained from the city engineer. The application form shall be
completed and accompanied by plans showing the location of the proposed
street cut or proposed barricades. In each instance in which a street
cut permit is obtained for a utility company, the utility company
shall be the applicant and shall be responsible for compliance with
the terms of this division.
(b)
The fee for a street cut and/or barricading permit shall be ten dollars
($10.00) per permit with an additional charge of five dollars ($5.00)
per day or portion of a day during which the right-of-way is occupied
by the applicant.
(c)
The city engineer may require revisions to street cut plans submitted
with an application if, in his opinion, such revisions are necessary
to serve the best interest of the city. Street cuts shall be made
in strict compliance with the approved plans, and the city engineer
or his designee shall have the right of inspection at all times.
(d)
The city engineer may require revisions to barricading plans submitted
with an application if, in his opinion, such revisions are necessary
to serve the best interest of the city. Barricading shall be in strict
compliance with the approved plans and the city engineer or his designee
shall have the right of inspection at all times.
(Ordinance 81-37, sec. 1, adopted 5/19/81; Ordinance 83-125, sec. 1, adopted 9/27/83; 1978
Code, sec. 23-62; Ordinance 07-060, sec. 26, adopted 6/5/07)
(a)
Application for a street cut and/or barricading permit shall be made
not less than two (2) business days prior to the proposed work or
blockage. If an application is not approved, reasons for the disapproval
shall be stated in writing.
(b)
Failure to comply with provisions of a prior street cut or barricading
permit shall be a satisfactory reason for disapproval of subsequent
applications.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-63)
(a)
If an application is not approved by the city engineer, the applicant
may appeal that decision to the city manager. Such appeal shall be
in writing and filed with the city manager within ten (10) calendar
days of the adverse decision. The city manager shall hold a hearing
and render his decision within five (5) business days from the date
of the hearing.
(b)
An applicant shall have the right to appeal to the city council from
any adverse decision or ruling of the city manager. To perfect an
appeal, the aggrieved party shall file the reason for appeal in writing
with the city clerk within ten (10) calendar days after the adverse
decision appealed from. The city council shall hold a public hearing
on such appeal after furnishing notice of such hearing to the applicant.
Notice shall be sufficient if deposited in the United States mail
in a sealed envelope with sufficient postage attached, addressed to
the applicant at the address shown on the written appeal. The decision
of the city council shall be final.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-64; Ordinance 07-060, sec. 27, adopted 6/5/07)
The street cut/barricading permit shall be kept at the location
of the street cut/blockage at all times that work or a blockage is
occurring.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-65)
(a)
In the event of an emergency occurring between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, except city holidays, immediate
notice shall be given the director of public works and application
for a street cut/barricading permit shall be made on the next business
day following the emergency street cut.
(b)
In the event of an emergency occurring between the hours of 5:00
p.m. and 8:00 a.m. or on weekends or city holidays, application shall
be made on the next business day, and immediate notification shall
be given to the city police department. In emergency situations, all
basic barricading and street cut standards outlined in the manual
or this division shall apply.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-66; Ordinance 07-060, sec. 28, adopted 6/5/07)
At any time after the issuance of a permit, the city engineer
may impose additional permit requirements when deemed necessary in
the interest of public safety, to avoid traffic congestion, or otherwise
protect the best interests of the city.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-68; Ordinance 07-060, sec. 30, adopted 6/5/07)
(a)
The city engineer or his authorized representative may stop work
related to a permit issued hereunder in an emergency situation or
if any requirement of the permit is not met.
(b)
The permit holder, or the person named as responsible for or in charge
of work or action, shall be notified of violation of any requirement
of the permit and be given a reasonable time to correct the deficiency.
The length of time shall be determined by the city engineer for deficiencies
related to street cuts and barricading. The maximum time to correct
deficiencies shall be twenty-four (24) hours. After the designated
time, the permit may be revoked.
(c)
In the event a permit is revoked, it shall be unlawful to continue
to work or block the roadway, except to restore the site to its proper
condition. Restoration shall begin immediately.
(d)
A permittee shall have the right to appeal to the city manager the decision or ruling of the city engineer to revoke a permit. To perfect an appeal, the aggrieved party shall file the reason for appeal in writing with the city manager within ten (10) calendar days after the revocation. The city manager shall hold a public hearing on such appeal after furnishing notice of such hearing to the permittee. Notice shall be sufficient if deposited in the United States mail in a sealed envelope with sufficient postage attached, addressed to the permittee at the address shown on the written appeal. The decision of the city manager may be appealed to the city council under section 14.03.185.
(Ordinance 81-37, sec. 1, adopted 5/19/81; 1978 Code, sec. 23-69; Ordinance 07-060, sec. 31, adopted 6/5/07)
