[1]
Editor’s note–This division pertaining to right-of-way
management regulations was repealed and replaced in its entirety with
similar provisions as set out herein by Ordinance 19-017 adopted 4/2/19.
Prior to the replacement this division derived from Ordinance 17-054
adopted 8/28/17.
This division shall be known and cited as the right-of-way management
regulations for the city.
(Ordinance 19-017 adopted 4/2/19)
This division shall be construed under and in accordance with
the laws of the state and the city charter and city code to the extent
that such charter and city code are not in conflict with or in violation
of the Constitution and laws of the United States or the state. All
obligations of the parties hereunder are performable in the county.
(Ordinance 19-017 adopted 4/2/19)
This division shall be effective within the geographical limits
of the city, including any areas subsequently annexed by the city.
(Ordinance 19-017 adopted 4/2/19)
(a)
Purpose.
This division provides principles and procedures
for the placement of structures and facilities, construction, excavation,
encroachments, and work activities within or upon any public right-of-way
and to protect the integrity of the road and city utility system.
To achieve these purposes, it is necessary to require permits of private
users of the public rights-of-way, except as prohibited by law, and
to establish permit procedures, rules, and regulations for work done
within or upon the public rights-of-way.
(b)
Objectives.
Public and private uses of public rights-of-way
for location of facilities employed in the provision of public services
should, in the interests of the general welfare, be accommodated;
however, the city must ensure that the primary purpose of the rights-of-way,
safe passage of pedestrian and vehicular traffic, is maintained to
the greatest extent possible. In addition, the value of other public
and private installations, roadways, the city utility system, facilities
and properties should be protected, competing uses must be reconciled,
and the public safety preserved. The use of the public rights-of-way
by persons, agencies, network providers, and public infrastructure
contractors is secondary to these public objectives and the movement
of traffic. This division is intended to strike a balance between
the public need for efficient, safe transportation routes and the
use of public rights-of-way for location of facilities by public and
private entities. The division thus has several objectives:
(1)
To ensure that the public safety is maintained and that public inconvenience
is minimized.
(2)
To protect the city’s infrastructure investment by establishing
repair standards for the pavement, facilities, and property in the
public rights-of-way when work is accomplished.
(3)
To facilitate work within the public rights-of-way through the standardization
of regulations.
(4)
To maintain an efficient permit process.
(5)
To conserve and fairly apportion the limited physical capacity of
the public rights-ofway held in public trust by the city.
(6)
To establish a public policy for enabling the city to discharge its
public trust consistent with the rapidly evolving federal and state
regulatory policies, industry competition, and technological development.
(7)
To promote cooperation among the agencies, network providers, and
public infrastructure contractors (as defined herein) and the city
in the occupation of the public rights-of-way, and work therein, in
order to:
(A)
Eliminate duplication that is wasteful, unnecessary or unsightly;
(B)
Lower the agencies’, network providers’, public infrastructure
contractors’ and the city’s costs of providing services
to the public; and
(C)
Preserve the physical integrity of the streets and highways by minimizing
street cuts.
(8)
To assure that the city can continue to fairly and responsibly protect
the public health, safety, and welfare.
(9)
To further the public health, safety, and welfare of the citizens
of the city by establishing aesthetic standards for installation of
facilities in the public right-of-way that are reasonable, are technically
feasible, and are reasonably directed to avoiding or remedying the
intangible public harm of unsightly or out-of-character deployments.
(c)
Applicability.
(1)
The requirements of this division apply to all persons, agencies,
network providers, and public infrastructure contractors that place
structures and facilities or that conduct construction, excavation,
encroachments, and work activities within or upon any public rights-of-way
except:
(A)
Persons, agencies, or public infrastructure contractors providing
service drops for single-family and two-family residence-zoned properties
on private property. All permits for these properties will be issued
through the city’s building inspection department.
(B)
New residential service connections which are permitted through the building inspection department of the city as provided in section 14.03.199(a)(5) below.
(C)
Right-of-way use for valet-parking.
(D)
Right-of-way use for sidewalk cafes.
(E)
Revocable use of the right-of-way pursuant to an encroachment agreement.
(2)
Any permit issued prior to March 26, 2019 will remain subject to
the terms and conditions of city ordinances and requirements in effect
at the time of issuance of the permit and is not affected by this
division, except that, upon expiration or conclusion of the permit,
a new or renewal permit must be obtained in accordance with this division.
(Ordinance 19-017 adopted 4/2/19)
The facilities installed in the right-of-way (including by
way of example but not limited to: poles, wires, conduit, manholes,
handholes, cuts, network nodes and node support poles, or portion
thereof) that have been left by provider in an unused or nonfunctioning
condition for more that 120 consecutive calendar days unless, after
notice to provider, provider has established to the reasonable satisfaction
of the city that the applicable facilities, or portion thereof, is
still in active use.
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.
Facilities are deemed to be abandoned facilities if they are not properly
registered with the city.
Any franchised person operating in the right-of-way. “Agency”
includes all contractors and subcontractors hired or retained to do
construction for an agency.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
An owner or authorized agent of an owner, who submits an
application for a permit under the provisions of this division.
The placement or return of dirt, fill, or other material
for the purpose of restoring an excavated area.
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 public utility commission
to offer local exchange telephone service. A CTP does not include
a network provider, as defined herein.
Tex. Loc. Gov. Code, chapter 284.
The City of Beaumont, Texas. As used throughout, the term
city also includes the designated agent of the city.
The municipal governing body of the City of Beaumont, Texas.
The director of engineering of the City of Beaumont or any
other person designated by the city manager to administer this division.
The city manager of the City of Beaumont.
A complete or partial closing of one or more lanes of traffic
of a major thoroughfare and the complete closure of any other type
street or sidewalk.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to an existing pole or structure.
Ninety-five (95) percent of maximum density with a moisture
content of -2 percent to +4 percent of optimum under paved surfaces
and ninety (90) percent of maximum density with a moisture content
of -2 percent to +4 percent of optimum outside of paved surfaces.
Any facility that is covered, blended, painted, disguised,
or otherwise concealed such that the facility blends into the surrounding
environment and is visually unobtrusive. A concealed facility also
includes any facility or pole conforming to the surrounding area in
which the facility or pole is located and may include, but is not
limited to hidden beneath a facade, blended with surrounding area
design, painted to match the supporting area, or disguised with artificial
tree branches.
Breaking of pavement, excavation, installation of facilities,
boring or jacking of utilities, restoration of pavement cuts, or other
work by an agency, network provider, or public infrastructure contractor
in a public right-of-way. The definition includes, but is not limited
to, providing primary service, restoration, or maintenance of existing
facilities within the right-ofway.
The annual revised consumer price index for All Urban Consumers
for Texas, as published by the federal Bureau of Labor Statistics
or other publication as authorized by state law.
A streetlight pole specifically designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than
specially designed informational or directional signage or temporary
holiday or special event attachments, have been placed or are permitted
to be placed according to the city zoning ordinance regulation of
light pole banners, as may be further amended.
An imminent, impending, or actual natural or humanly induced
situation wherein the health, safety, or welfare of the residents
of the city is threatened, and includes, but is not limited to any
declaration of emergency by city, state, or federal governmental authorities.
Shall be included as a type of “network node.”
A single enclosed raceway for cables, fiber optics, or other
wires. “Duct” or “conduit” shall not include
the maintenance duct associated with a conduit that is reserved for
use in replacing damaged cable or for rerouting purposes.
Shall include any public easement or other compatible use
created by dedication, or by other means, to the city for public utility
purposes or any other purpose whatsoever. “Easement” shall
include a private easement used for the provision of utilities.
Any event that may threaten public health or safety, including,
but not limited to, damaged or leaking water or gas conduit systems,
damaged, plugged, or leaking sewer or storm drain conduit systems,
damaged facilities, downed aerial facilities, downed poles or service
outages whether to one customer or an area of the city.
Compliance with TxDOT Erosion and Sediment Control measures,
as amended.
To dig into or in any way remove or penetrate any part of
a public right-of-way and does not include landscaping activity unless
the activity removes or disturbs the paved portion of the right-of-way.
The plant, equipment, and property, including, but not limited
to, lines, transport service, poles, mains, pipes, conduits, pipelines,
ducts, cables and wires located under, on or above the surface of
the ground within the public right-of-way and valves, and related
facilities and equipment used or useful for the provision of utility
services, wireless or network services, or communications services
to the public.
The Federal Administrative Agency, or lawful successor; authorized
to oversee cable television and other multi-channel regulation on
a national level.
Right-of-way adjacent to a state or federal highway.
An area that is zoned or otherwise designated as a historic
by the city. Such zones include H-C, historic-cultural landmark overlay,
HC-L, historic-cultural landmark and RCR-H, residential conservation
and revitalization.
Common law or a federal, state, or local law, statute, code
rule, regulation, order, or ordinance.
Within the geographical boundaries of the city.
Telecommunications service provided within an exchange to
establish connections between customer premises within the exchange,
including connections between a customer premises and a long distance
provider serving the exchange. The term includes tone dialing service,
service connection charges, and directory assistance services offered
in connection with basic local telecommunications service and interconnection
with other service providers. The term does not include the following
services, whether offered on an intra-exchange or inter-exchange basis:
Central office based PBX-type services for system of seventy-five
(75) stations or more;
Billing and collection services;
High-speed private line services of 1.544 megabits or greater;
Customized services;
Private line or virtual private line services;
Resold or shared local exchange telephone services if permitted
by tariff;
Dark fiber services;
Nonvoice data transmission service offered as a separate service
and not as a component of basic local telecommunications service;
Dedicated or virtually dedicated access services; or
Any other service the public utility commission determines is
not a local exchange telephone service.
The city-approved and lawfully permitted location for the
network node.
A guyed or self-supported pole or monopole greater than the
height parameters prescribed by chapter 284, section 284.103 and that
supports or is capable of supporting antennas.
Any thoroughfare type D or higher as shown on the city’s
thoroughfare plan, as amended.
A network node that is not larger in dimension than twenty-four
(24) inches in length, fifteen (15) inches in width, and twelve (12)
inches in height, and that has an exterior antenna, if any, not longer
than eleven (11) inches.
An area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity.
A utility pole owned or operated by a municipally owned utility,
as defined by section 11.003, Utilities Code, and located in a public
right-of-way.
Manual of Uniform Traffic-Control Devices.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
Includes:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
and
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collation; and
A pole installed by a network provider for the primary purpose
of supporting a network node.
The Federal Communications Commission Declaratory Ruling,
Third Report and Order, FCC WT Docket No. 17-79, adopted September
26, 2018.
A cut made into the paved surface of a public street, alley,
curb, sidewalk, or public easement.
A written authorization for the use of the public right-of-way
or collocation on a service pole required from a municipality before
a network provider may perform an action or initiate, continue, or
complete a project over which the municipality has police power authority.
A natural person (an individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint
stock company or association, and other such entity who owns or controls
facilities.
A service pole, city-owned utility pole, node support pole,
or utility pole.
An easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
Has the same meaning as “network provider.”
A person hired or retained to do construction of facilities
that will be maintained by the city. “Public infrastructure
contractor” includes all subcontractors.
An ordinance that complies with chapter 284 [Texas Local
Government Code].
The area on, below, or above a roadway, highway, street,
sidewalk, alley, waterway, or other way and that is open for public
use, and that is owned by the city in full or in part, and that is
managed and controlled by the city. The term does not include:
A connection to private property from the right-of-way for
individual residential service.
A category of software application programs and hardware
used by the city for the process control and gathering of data in
real time from remote locations in order to monitor equipment and
conditions of the city public water and wastewater utility facilities.
These systems may utilize both cable and wireless communications.
A pole, other than a city-owned utility pole, that is owned
or operated by the city and located in a public right-of-way, including:
A facility meeting all of the following criteria: (1) facilities
mounted on structures 50 feet or less in height including their antennas,
or on structures no more than 10 percent taller than other adjacent
structures, or that do not extend existing structures where they are
located to a height of more than 50 feet or by more than 10 percent,
whichever is greater; (2) each antenna is no more than 3 cubic feet
in volume; (3) all other wireless equipment associated with the structure,
including wireless equipment associated with the antenna and any pre-existing
associate equipment on the structure is no more than 28 cubic feet
in volume; and (4) facilities do not result in human exposure to radio
frequency radiation in excess of applicable safety standards specified
in 47 CFR rule 1.1307(b). Unless specifically provided for herein,
provisions addressed to network nodes herein shall also apply to small
cells and small wireless facilities.
A method that hides or conceals an antenna, supporting electrical
or mechanical equipment or any other support structure, including
network nodes.
Only the paved portion of the 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. A “street”
is generally part of, but smaller in width than the width of the entire
right-of-way, while a right-ofway 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.
Stormwater pollution prevention plan.
Texas Accessibility Standards.
Any public traffic artery, major street, secondary street
or alley.
Any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
Each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for network nodes.
An area where poles, overhead wires, and associated overhead
or above-ground structures have been removed and buried or have been
approved for burial underground pursuant to municipal ordinances,
zoning regulations, state law, private deed restrictions, and other
public or private restrictions, that prohibit installing aboveground
structures in a public right-of-way.
A person or organization which conducts a business over facilities
occupying the whole or a part of a public street or right-of-way,
depending on the context.
Any privately or publicly owned entity that uses right-of-way
to furnish the public any general public service, including, without
limitation, sanitary sewer, gas, electricity, water, 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.
A pole installed primarily for the purpose of providing electric
distribution or telecommunications as defined by section 51.002, Utilities
Code and that provides: (1) electric distribution with voltage rating
of not more than 34.5 kilovolts; or (2) services of a telecommunications
provider, as defined by section 51.002, Utilities Code. A utility
pole does not include a pole installed primarily for the purpose of
providing other services or for third parties.
A pole installed by a utility for the purpose of connecting
a utility pole to a customer’s building or other premises to
provide electric distribution or telecommunications as defined by
section 51.002 Utilities Code.
“Micro network nodes,” “network nodes,”
and “node support poles” as defined in Texas Local Government
Code chapter 284.
Any service, using licensed or unlicensed wireless spectrum,
including the use of wi-fi, whether at fixed location or mobile, provided
to the public using a network node.
A person that provides wireless service to the public.
(Ordinance 19-017 adopted 4/2/19)
An agency’s, network provider’s, or public infrastructure
contractor’s rights hereunder are subject to the police power
of the city which includes the power to adopt and enforce ordinances,
including amendments to this division, necessary for the safety, health,
and welfare of the public. Agencies, network providers, and public
infrastructure contractors shall comply with all applicable laws and
ordinances enacted, or hereafter enacted, by the city or any other
legally constituted governmental unit having lawful jurisdiction over
the subject matter hereof. The city reserves the right to exercise
its police powers, notwithstanding anything in this division or a
permit to the contrary. Any conflict between the provisions of this
division or a permit and any other present or future lawful exercise
of the city’s police powers shall be resolved in favor of the
latter.
(Ordinance 19-017 adopted 4/2/19)
(a)
City engineer’s authority.
(1)
The city engineer is authorized to administer, interpret, and enforce
the provisions of this division and to promulgate regulations, including
but not limited to, engineering, technical, and other special criteria
and standards, including design standards, to aid in the administration
and enforcement of this division that are not in conflict with this
division, the Code of Ordinances of the city, or state or federal
law.
(2)
Enforcement.
The city engineer is authorized to enter
upon a construction site for which a permit is granted under this
division or, where necessary, upon private property adjacent to the
construction site for purposes of inspection to determine compliance
with the permit or this division without notice. If the inspection
requires physical contact with the equipment, the city engineer must
provide written notice to the agency, network provider, or infrastructure
contractor within five (5) business days of the planned inspection.
Agency, network provider or infrastructure contractor may have a representative
present during such inspection.
(b)
Violations.
A person, agency, or public infrastructure
contractor commits an offense if he:
(1)
Performs, authorizes, directs, or supervises construction without
a valid permit issued under this division;
(2)
Violates any provision of this division;
(3)
Fails to comply with restrictions or requirements of a permit issued
pursuant to this division; or
(4)
Fails to comply with an order or regulation of the city engineer
issued pursuant to this division.
(c)
This division may be enforced by civil court action in accordance
with state or federal law, in addition to any other remedies, civil
or criminal, the city has for violation of this division.
(d)
Prior to initiation of civil enforcement litigation, a person, agency,
network provider, or public infrastructure contractor who has violated
a provision of this division must be given the opportunity to correct
the violation within the timeframe specified by the city engineer.
This section does not prohibit the city engineer or the city from
taking enforcement action as to past or present violations of this
division, notwithstanding their correction.
(Ordinance 19-017 adopted 4/2/19)
(a)
Any violation of the following provisions or terms of this division by any person, firm, corporation, agency, network provider, or public infrastructure contractor: section 14.03.208(f), excavation safety, section 14.03.209, no directional boring zones, and section 14.03.211(c), deposit of dirt and material on roadways, of this division shall be a misdemeanor offense and shall be subject to a fine in accordance with section 1.01.009(b) of this code for each offense. Every day a violation continues shall constitute a separate offense.
(b)
Any violation of the other provisions or terms of this division by any person, firm, corporation, agency, network provider, or public infrastructure contractor shall be a misdemeanor offense and shall be subject to a fine in accordance with section 1.01.009(a) of this code for each offense. Every day a violation continues shall constitute a separate offense.
(Ordinance 19-017 adopted 4/2/19)
(a)
Permit required.
Any agency, network provider, or public
infrastructure contractor seeking to place facilities on, in or over
a public right-of-way or to engage in construction, excavation, encroachments,
and work activities within or upon any public right-of-way shall first
file an application for a right-of-way permit with the city and shall
abide by the terms and provisions of the right-of-way permit and this
division pertaining to the use of the public rights-of-way.
(b)
Exceptions.
(1)
City construction, reconstruction, and maintenance activities are
excepted from the permitting requirements outlined herein.
(2)
No application, permit or fee is required of network providers for:
(A)
Routine maintenance that does not require excavation or closing of
sidewalks or vehicular lanes in a public right-of-way;
(B)
Replacing or upgrading facilities that are substantially similar
in size or smaller; and that do not require excavation or closing
of sidewalks or vehicular lanes in a public right-of-way; or
(C)
The installation, placement, maintenance, operation, or replacement of micro network nodes or similar structures that are strung on cables between existing poles or node support poles, in compliance with the National Electrical Safety Code. If, however, traffic will be affected by the installation, placement, maintenance or replacement of a micro network node or similar structure, a traffic-control plan is required per section 14.03.212.
(3)
Substantially similar shall mean:
(A)
The new or upgraded facility, including the antenna or other equipment
element, will not be more than ten (10) percent larger than the existing
facility or 10 feet, whichever is greater; or the extension of facilities
less than six feet from a tower; or the new or upgraded pole will
not be more than ten (10) percent higher than the existing pole, provided
that the increase may not result in the pole exceeding the applicable
height limitations prescribed by Local Government Code chapter 284,
as may be further amended; or increasing the size of ground equipment
cabinets by ten percent in height or volume;
(B)
The replacement or upgrade does not include replacement of an existing
pole;
(C)
The replacement or upgrade does not defeat existing concealment elements
of a pole; and
(D)
The determination of whether a replacement or upgrade is substantially
similar is made by measuring from the dimensions of the facilities
as approved by the city.
(4)
Although no application, permit or fee is required, the city requires
advance notice of the work described above and approval of the pole’s
owner for that specific address. Work under this section must still
meet all other requirements in this division.
(c)
Permits generally.
(1)
Permits will be issued in the name of the agency or network provider
that will own the facilities. Permits for public infrastructure will
be issued in the name of the public infrastructure contractor.
(2)
Any agency with a current, unexpired consent, franchise, agreement
or other authorization from the city (grant) to use the public rights-of-way
that is in effect at the time this division takes effect shall continue
to operate under and comply with that grant, unless prohibited by
law, until the grant expires or until it is terminated by mutual agreement
of the city and the agency or as otherwise provided for by law.
(3)
Construction, excavation, or work area.
No agency, network
provider, or public infrastructure contractor shall perform construction,
excavation, or work in an area larger or at a location different,
or for a longer period of time than that specified in the permit or
permit application. If, after construction, excavation, or work is
commenced under an approved permit, it becomes necessary to perform
construction, excavation, or work in a larger or different area than
originally requested under the application or for a longer period
of time, the agency or public infrastructure contractor shall notify
the city engineer immediately and, within twenty-four (24) hours,
shall file a supplementary application for the additional construction,
excavation, or work.
(4)
Permit transferability or assignability.
The agency,
network provider, or public infrastructure contractor may subcontract
the work to be performed under a permit if the agency, network provider,
or public infrastructure contractor is responsible for the performance
of the work under the permit and all insurance and financial security
as required. Permits are transferable and assignable upon written
notice to the city engineer that the transferee or assignee has posted
all required security pursuant to this division. Any transferee or
assignee shall be bound by all requirements of the permit and this
division. The physical construction of public infrastructure, excluding
agency infrastructure and facilities installed by network providers,
in new developments is the responsibility of the developer of the
land. Ownership of that infrastructure remains with the developer
of the land until accepted by the city. Any agency or public infrastructure
contractor performing work on infrastructure that is within a public
right-of-way, but prior to infrastructure acceptance by the city,
shall obtain a permit from the city and permission from the owner
of all of the infrastructure in the public right-of-way. The agency
or public infrastructure contractor shall be financially responsible
to the owner of the infrastructure to carry out all remedial work
necessary to receive acceptance by the city of that infrastructure.
This financial obligation shall apply only to the work in the public
right-of-way done by the agency or public infrastructure contractor.
The city will not accept for dedication public infrastructure if the
work performed on that infrastructure is not in accordance with applicable
city specifications.
(5)
Any agency, network provider, or public infrastructure contractor
found to be conducting any excavation activity within the public right-of-way
without having first obtained the required permit(s) shall immediately
cease all activity (exclusive of actions required to stabilize the
area) and be required to obtain a permit before work may be restarted.
(6)
The city may institute all appropriate legal action to prohibit any
agency, network provider, or public infrastructure contractor from
knowingly using the public rights-of-way unless the agency or public
infrastructure contractor has complied with the terms of this division.
(Ordinance 19-017 adopted 4/2/19)
(a)
General to all right-of-way permits.
(1)
Application submissions.
Each application for a permit
shall be submitted using the required form, which may be obtained
from the engineering department. The applicant must determine what
type of permit is sought and complete the correct application. The
city is not responsible for determining that the correct application
was completed by the applicant and approval of a permit contrary to
the provisions of this division does not create a vested right.
(A)
Required disclosures on application.
The applicant
shall disclose if the applicant proposes that the facilities will
be located in: a historic district; within one hundred fifty (150)
feet; near a historic site, or a structure or landmark recognized
as historic by the city, state or federal government; within a park;
within a residential district; or in an area that has undergrounding
requirements.
(B)
Drawings.
The applicant shall provide detailed
drawings in electronic form, with calculations and dimensions to show
strict conformity to the size, distance and spacing limitations in
this division.
(C)
Format.
The applicant requesting a permit shall
provide the city with documentation in the format specified by the
city.
(D)
Interference.
The applicant shall provide analysis
indicating that the proposed facilities will not cause any interference
with city public safety radio system, traffic signal light system,
or other city safety communications components.
(E)
Address and location.
The applicant must provide
the specific address for all facilities that will be located on a
pole. Addresses are determined by the city’s GIS department.
The applicant shall provide a dated aerial photograph of the overall
site depicting the site’s relation to major streets and highways
and poles. For any application requesting a new pole, photos are required
showing the before and after conditions.
(F)
Other required permits.
The applicant must ascertain, in consultation with the city, whether any other authorizations from the city will be required in order for the proposed installation to be made and completed. For all applications for the installation or construction of wireless facilities, including network nodes and node support poles, if any such additional authorizations are required, the applicant is responsible for providing all the information necessary for the city to review and act on the additional authorizations. Such additional authorizations that must be included with the application shall include, but not be limited to, executed agreement(s) with the city for attachment to service poles, as provided in subsection (b)(4)(E) below.
(G)
Completeness.
The application is not complete
unless it contains all information required by this division, requested
on the application form, and required by any supplemental list of
required documentation provided by the city with the application form.
(2)
No person, agency, network provider, or public infrastructure contractor
shall install facilities or otherwise encroach upon the right-of-way
or make a pavement cut or excavate in a public right-of-way without
first obtaining a permit from the engineering department, except in
an emergency or without having first made contact with the city in
times of emergency.
(3)
If the project lies within a TxDOT, Entergy, JCDD6, LNVA or any other
agency’s right-of-way, the applicant must provide evidence of
a permit from the state, federal government or other appropriate agency
at the time of application.
(4)
Franchised agencies and agencies that are certificated telecommunications providers have prior authorization to do work in public rights-of-way. However, an agency’s use of the public rights-of-way is subject to and must occur in accordance with state laws, federal laws, and city ordinances, policies, standards and procedures. Said use is nonexclusive and does not establish priority for use over other franchise holders, permit holders, or the city. A permit issued by the city is required for all work done in the public rights-of-way, except as indicated in section 14.03.198(b).
(5)
New residential service connections do not require a permit under
this division. However, a building permit may be required from the
building inspections department. An agency or public infrastructure
contractor must inquire with the building inspections department as
to whether a permit is required for such service connections. Maintenance
or replacement of existing service connections that requires excavation
will require a permit under this division.
(6)
The city shall state on the permit the activity for which the permit
is issued and any additional restrictions or requirements that have
been placed upon the permit besides those incorporated into the permit
by this division, the zoning ordinance, or other law or regulation,
as applicable.
(7)
All construction and installation in the public rights-of-way shall
be in accordance with the permit issued for the facilities. The city
engineer shall be provided access to the work and to such further
information as he or she may reasonably require to ensure compliance
with the permit.
(8)
A copy of the right-of-way construction permit and approved engineering
plans shall be maintained at the construction site and made available
for inspection by the city engineer at all times when construction
or installation work is occurring.
(9)
The agency, network provider, or public infrastructure contractor
shall update any new information on permit applications within ten
(10) business days after any change occurs.
(10)
Agencies, network providers, or public infrastructure contractors
may apply jointly for permits to work in public rights-of-way at the
same time and place.
(11)
All permit holders must contact the public works department by telephone
at least forty-eight (48) hours before work begins under the permit.
(12)
If no work has begun on a network node permit within six months of
final approval of the permit, or within thirty (30) calendar days
of final approval for a standard right-of-way permit, the permit shall
be void, and a new permit shall be required.
(13)
A sixty (60) day extension to a permit may be granted if requested
by the agency, network provider, or public infrastructure contractor
in writing to the engineering department. Such a request must be made
before the permit expires. If no call for the cancellation of a permit,
or for an inspection after completion of the work, is received within
the sixty (60) day extension period, the permit shall be void, and
a new permit shall be required.
(b)
Types of permits.
(1)
Standard right-of-way permits.
(A)
A standard right-of-way permit is required whenever a cut or excavation
is made in a public right-of-way by an agency or public infrastructure
contractor.
(B)
Application for a standard right-of-way permit shall be made no less
than two (2) city business days prior to the date of the proposed
activity. If the proposed cut or excavation is to be made in the public
rights-of-way dedicated to the state, a city permit is required in
addition to any and all permits required by the state or other agencies.
A city permit is required although specific authority has been granted
by the engineering department to cut a paved street, curb or alley
as a part of a new construction project.
(C)
There is no fee for a standard right-of-way permit. There is, however,
an annual fee for use of the right-of-way and a contract with the
city is required. Where such fees are not otherwise determined by
franchise or prohibited by state or federal law:
(D)
Late fees may be assessed as allowed by law.
(E)
The contract shall determine any inflator for the annual fee, and
if the contract expires, the rate in effect on the date of expiry
shall be the initial rate for any additional contract terms.
(2)
Permits issued under emergency conditions.
Any agency,
network provider, or public infrastructure contractor maintaining
facilities in the public rights-of-way may proceed with repairs upon
existing facilities without a permit when emergency circumstances
demand that the work be done immediately. The agency, network provider,
or public infrastructure contractor doing the work shall notify the
engineering department no later than the next business day by telephone
or e-mail when an emergency permit is required. A permit application
for the proper permit under this section must be submitted and the
fee, if any, paid no later than the next business day after the work
is commenced.
(3)
Standard right-of-way maintenance permits.
(A)
A maintenance permit is required whenever work is being done by an
agency or infrastructure contractor in or on a major thoroughfare
and no cut or excavation is required.
(B)
Application for a maintenance permit must be submitted no later than
the business day prior to the date of the proposed maintenance work.
Applications may be submitted in person or e-mail to the engineering
department.
(4)
Small cell right-of-way permits.
(A)
Required.
A small cell right-of-way permit is
required for network providers. The permit may be for transport facilities,
network nodes, or network node support poles.
(B)
Fees per application.
Fees per application for
network nodes, transportation facilities, and poles are the maximum
allowed by Texas Local Government Code chapter 284 or the order, whichever
is lower, as further amended.
(C)
Small cell maintenance permit.
A small cell maintenance permit is required for any activity in the right-of-way unless an exception in section 14.03.198(b)(2) applies. A small cell maintenance permit is subject to the same fees, requirements and timeframes as a small cell right-of-way permit.
(D)
Transport services.
Network providers may obtain transport service from a person or entity that is paying city fees to occupy the public right-of-way that are equivalent to transport fees stated in section 14.03.205(c). If third-party transport services are used, the network provider must identify the third-party provider, and provide documentation, at the time of filing the application, that the third-party transport service provider is paying city fees and that the network provider has received written permission to use such transport services for the specific address.
(E)
Collocation on a service pole.
An applicant proposing
collocation on a city-owned service pole must submit a copy of the
signed agreement with the city allowing the collocation on the city-owned
service pole located at a specific location at the time of filing
the permit application.
(F)
Installation of network node.
For purposes of determining, annual and monthly fees for wireless facilities under section 14.03.205(a), the city will assume installation of the facilities six months from the date the permit is approved.
(G)
Application completeness, timeframe.
Not later
than the 30th day after the date of receipt of an application for
a permit for a network node or node support pole or not later than
the tenth day after receipt of an application for a transport facility,
the city shall determine whether the application is materially complete
and notify the applicant of that determination. If the city determines
that the application is incomplete, the city shall specifically identify
the missing information in the notification to the applicant, with
reference to the specific rule or regulation requiring the information.
(H)
Approval or denial of application, timeframe.
Unless the time periods herein are tolled or extended by written
agreement between the city and the applicant, the city will approve
or deny applications according to the following:
(i)
For applications for one or more new node support poles, no
later than the 150th day after the date of receipt of a materially
complete application;
(ii)
For applications for one or more network nodes on existing poles
or structures, no later than the 60th day after the date of receipt
of a materially complete application;
(iii)
For applications to install network nodes on a mixture of existing
and new poles, no later than the 90th day after the date of receipt
of a materially complete application;
(iv)
For a transport facility, no later than the 21st day after the
date of receipt of a materially complete application.
(I)
Tolling of timeframe.
If the city has notified
the applicant that the application is materially incomplete, the time
frame for the city’s review is tolled until the applicant provides
the required information or documents, as provided in the order.
(J)
Documentation for denial.
If the city denies a
complete application, it must document the basis for the denial, including
the specific applicable code provision or other municipal rule, regulation,
or other law on which the denial is based. The city shall send the
documentation of the reason for denial by electronic mail to the applicant
on or before the date the city denies the application.
(K)
Cure after denial.
Not later than the 30th day after the date the city denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the city. Notwithstanding subsection (H), the city shall approve or deny the revised completed application after a denial not later than the 90th day after the date the city receives the completed revised application. The city’s review of the revised application is limited to the deficiencies cited in the denial application.
(L)
Fees are $500.00 per application covering up to five network notes,
$250.00 for each additional network node per application, $1,000.00
per application per new pole.
(c)
Denial, suspension, or revocation of a permit.
(1)
Denial of a permit.
A permit may be denied for any one
of the following reasons:
(A)
The proposed activity will substantially interfere with vehicular
or pedestrian traffic and no procedures, or procedures which are inconsistent
with this division, have been implemented to minimize the interference.
(B)
The proposed construction will substantially interfere with another
activity for which a permit has been issued, or will conflict or interfere
with existing facilities already in the public right-of-way.
(C)
The proposed barricading, channelizing, signing, warning or other
traffic-control procedures or equipment do not comply with the requirements
of the Texas Manual on Uniform Traffic-Control Devices.
(D)
The activity or the manner in which it is to be performed will violate
a city ordinance or regulation or a state or federal statute or regulation.
(E)
The agency, network provider, or public infrastructure contractor
requests to cut a city-maintained street that can be crossed by jacking,
boring or tunneling.
(F)
There is a lack of available space.
(G)
The agency, network provider, or public infrastructure contractor:
(ii)
Has consistently failed to perform in accordance with the requirements
of this division;
(iii)
Has failed to furnish all of the information required by this
division or, except for good cause shown, to file the applications
within the time prescribed by this division;
(iv)
Has misrepresented or falsified any information in the applications;
(v)
Has failed to comply with the performance warranty/guarantee
as provided in this division;
(vi)
Is not in compliance with applicable requirements of an existing
permit issued under this division;
(vii)
Does not have a contractor’s license or other required
license; or
(viii)
Has not compensated the city, unless the agency,
network provider or public infrastructure contractor is not legally
obligated to compensate the city by contract, by agreement, or by
law for using public property.
(2)
Suspension or revocation of a permit.
The city engineer may suspend by stop-work order or revoke any or all permits granted to allow work in the public rights-of-way on the same grounds on which a permit may be denied under subsection (c)(1) or for the following reasons and subject to the procedural guidelines noted in this division and any agreement that applies to the agency, network provider, or public infrastructure contractor using the public rights-of-way, as well as any limitations imposed by federal or state law:
(A)
Failing to comply with an order of the city engineer;
(B)
The recognition that a permit was issued in error;
(C)
Failing to comply with restrictions or requirements placed on the
permit by the city engineer;
(D)
The city manager reasonably determines that the disconnection, removal,
or relocation of equipment:
(E)
Violating any provision of this division.
(3)
The city engineer shall provide written notice of a denial, suspension
or revocation to the agency, network provider, or public infrastructure
contractor. Construction that is suspended may not resume until the
city engineer determines that the agency, network provider, or public
infrastructure contractor has corrected the violation, noncompliance,
or hazard that caused the suspension.
(4)
A permit that was revoked due to failure to comply with an order
of the city engineer, failure to comply with the restrictions or requirements
placed upon the permit by the city engineer, a violation of this division,
or for public health, safety or welfare reasons may be reinstated
by the city engineer if the city engineer determines that:
(Ordinance 19-017 adopted 4/2/19)
These provisions apply to all facilities, including those of
franchise utilities, unless specifically contradicted in the franchise
agreement.
(1)
Location in right-of-way, generally.
Facilities and
related ground equipment shall be placed within two (2) feet from
the outer edge of the right-of-way line and three (3) feet from back
of curb to minimize any obstruction, impediment, or hindrance to the
usual travel or public safety on a public right-of-way, unless on
an existing pole.
(2)
Location in right-of-way, new development.
All facilities
in new developments shall be located in accordance with exhibits 1,
2, and 3 to Ordinance 19-017, unless an alternative location has been
approved by the city engineer. Such utility locations are hereby adopted
as standard locations for facilities in new developments. The intent
of these items is that they serve as a standard, not only to agencies,
network providers, and public infrastructure contractors working under
city permit, but also to all city agencies whose routine business
requires the installation, repair or relocation of utilities.
(3)
Location in right-of-way, existing development.
New
facilities to be installed in previously developed streets should
be located as in exhibits 1, 2, 3 and 4 to Ordinance 19-017. If that
location is already being used by another facility, the new facility
shall be located such that it does not interfere with other facilities,
both existing and future. No new facilities shall be located longitudinally
in a median or under existing or proposed pavement, unless permitted
by the city engineer.
(4)
New poles.
(A)
Antenna poles are to be installed pursuant to the design detail as
shown on attached exhibit A to Ordinance 19-017 and made a part hereof.
The single globe lighting is optional.
(B)
Materials.
Poles located in medians must be constructed
of steel or concrete, or other material approved by the city engineer.
Wood poles are prohibited.
(D)
Pole spacing.
In order to avoid congestion of right-of-way
caused by multiple pole installations, minimize the hazard of poles
adjacent to roadways, minimize the effect on property values, and
to maintain the aesthetics of the area by avoiding the negative impact
on the public of unsightly proliferation of poles in the right-of-way,
poles shall be spaced as provided herein. New poles, including new
utility service poles, shall be spaced apart from existing utility
poles or node support poles at the same distance as the spacing between
utility poles in the immediate proximity, but no less than at a minimum
one hundred and fifty (150) feet from a utility pole or another node
support pole. New poles must be ten (10) feet from a driveway, twelve
(12) feet from the dripline of existing trees, fifteen (15) feet from
a pedestrian ramp, twenty (20) feet from a traffic signal pole, and
eighteen (18) inches from the paved area of a sidewalk. In nonresidential
zoning districts, facilities shall be located between tenant spaces,
storefront bays or adjoining properties where their shared property
lines intersect the right-of-way. In residential zoning districts,
facilities shall be located where the shared property line between
two residential parcels intersects the right-of-way. Access by vehicles
or pedestrians may not be blocked by poles.
(5)
Attachments to city-owned service poles.
(A)
In accordance with agreement.
Installations on all service
poles are restricted to network providers and shall be in accordance
with an agreement. The city manager, or his designee, may enter into
these agreements on behalf of the city.
(B)
Electrical meters.
No electrical meters are allowed
on service poles or screening walls.
(C)
Required industry standard pole load analysis.
For proposed
installations on service poles network provider shall complete and
submit to the city an industry standard pole load analysis indicating
that the service pole to which the network node is to be attached
will safely support the load.
(D)
Height of attachments.
All attachments on all service
poles shall be at least eight (8) feet above grade. If a network node
attachment projects toward the street, for the safety and protection
of the public and vehicular traffic, the attachment shall be installed
no less than sixteen (16) feet above grade.
(E)
Installations on traffic signals.
Installations on all
traffic signal structures must not interfere with the integrity of
the facility in any way that may compromise the safety of the public.
Location on signal arms is prohibited. Installation of network node
facilities on any traffic signal structures shall:
(F)
Installations on street signage.
Installations on all
street signage structures must not interfere with the integrity of
the facility in any way that may compromise the safety of the public.
Installation of network node facilities on any street signage structure
that has electronic equipment shall:
(6)
Height of equipment mounted on poles.
Pole-mounted facilities
shall be installed at least eight (8) feet above grade, and if a facility
is projecting toward the street, for the safety and protection of
the public and vehicular traffic, the attachment shall be installed
no less than sixteen (16) feet above grade.
(7)
Protrusion of equipment.
Pole-mounted or structure-mounted
facilities shall not protrude from the outer circumference of the
existing structure or pole by more than two (2) feet.
(8)
Size of pole mounted equipment.
Pole mounted enclosures
may not be taller than five (5) feet. The following types of associated
ancillary equipment are not included in the calculation of equipment
volume: electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches and vertical cable runs for the connection of power and other
services.
(9)
Antenna size.
Each antenna that does not have exposed
elements and is attached to an existing structure or pole: must be
located inside an enclosure of not more than six cubic feet in volume;
may not exceed a height of three (3) feet above the existing structure
or poles or extend the height of the structure on which it is mounted
by more than 10% above the preexisting height; and may not protrude
from the outer circumference of the existing structure or pole by
more than two (2) feet. If an antenna has exposed elements and is
attached to an existing structure or pole, the antenna and all of
the antenna’s exposed elements: must fit within an imaginary
enclosure of not more than six cubic feet; may not exceed a height
of three (3) feet above the existing structure or pole or extend the
height of the structure on which it is mounted by more than 10% above
the preexisting height; and may not protrude from the outer circumference
of the existing structure or pole by more than two (2) feet. Antennas
with exposed elements must be mounted flush with the pole near the
top. The cumulative size of other equipment associated with the equipment
attached to an existing structure or pole may not: be more than 28
cubic feet in volume.
(10)
Limitation on equipment on poles.
There shall be no
more than one network node on any one pole.
(11)
Private pole owner permission.
Network providers must
have written approval of the utility pole owner for each specific
pole address and location on such pole. Written permission must be
submitted with the application for a right-of-way permit.
(12)
Electrical code.
All poles must meet National Electrical
Code clearance standards. Equipment attached to a utility pole must
be installed in accordance with the National Electrical Safety Code,
subject to applicable codes, and the utility pole owner’s construction
standards.
(13)
Existing telephone or electrical lines between existing utility poles.
Micro network nodes lashed on existing telephone or electrical
lines between existing utility poles and not placed on utility poles,
node support poles or service poles, are exempted from the requirements
for submitting a right-of-way application, obtaining a right- of-way
permit, and payment of a right-of-way access fee.
(14)
Prohibition on overhead facilities and overhead transport facilities.
In order to protect, maintain, and promote the appearance and
natural surroundings in public parks and certain residential areas
by avoiding the negative impact on the public of unsightly proliferation
of poles in the right-of-way, facilities may not be installed overhead
in a public right-of-way if the public right-of-way is in a park or
is adjacent to a street or thoroughfare that is both class E+ or smaller
and is in an area zoned residential or restricted to residential use
by deed restrictions. All transport facilities must be underground
in the above-mentioned areas. Underground facilities are required
for standard permit holders along type D or smaller thoroughfares.
(15)
Underground construction and use of poles.
As required
by the subdivision ordinance of the city, and the comprehensive zoning
ordinance as it relates to overlay districts, and when required by
general ordinances, deed restrictions, regulations or rules of the
city or applicable state or federal law, and in order to protect,
maintain, and promote the appearance of areas within the city that
have been designated as underground areas, to promote and protect
the public health by avoiding the intangible public harm or unsightly
or out-of-character deployments, the agency’s, network provider’s,
or public infrastructure contractor’s new facilities shall be
placed underground at agency’s, network provider’s, or
public infrastructure contractor’s expense. Underground facilities
must be buried at least two (2) feet below surface level. Placing
facilities underground does not preclude the use of otherwise acceptable
ground-mounted equipment appurtenant to underground facilities, unless
such ground-mounted equipment is otherwise prohibited. Related equipment,
such as pedestals, must be placed in accordance with the city’s
applicable code requirements and rules, including all visibility easement
requirements. In areas where existing facilities are aerial, the agency,
network provider, or public infrastructure contractor may install
aerial facilities. If location is designated by the city to be an
underground requirement area, then an agency’s or network provider’s
permit for the location of the facilities, at such location will be
revoked ninety (90) calendar days after the designation, with removal
of said facilities at such location within ninety (90) calendar days
of such designation, or as otherwise reasonably allowed by the city
for the transition of other overhead facilities. Placement of street-related
poles and facilities above grade in the right-of-way, including but
not limited to stop signs and streetlights, does not preclude an area
from designation as an area requiring undergrounding and placement
of facilities on street-related poles in an area requiring undergrounding
is prohibited.
(16)
Ground equipment, parks and public art.
For the safety
of park patrons, particularly small children, to preserve the investment
made by the community in parks and public art, to protect, maintain,
and promote the appearance and natural surroundings in public parks
by avoiding the negative impact on the public of out-of-character
deployments, and to allow full lines-of-sight near park property and
public art, no ground equipment may be installed in a right-of-way
that is within a park, within one hundred and fifty (150) feet of
the boundary line of a park, or within one hundred and fifty (150)
feet of public art.
(17)
Ground equipment, generally.
Ground equipment shall
be minimal and the least intrusive. In order to minimize negative
visual impact to the surrounding area, and to enhance the safety requirements
of line-of-sight of pedestrians, particularly small children, the
city engineer may deny a request for a permit for a proposed location
of ground equipment where existing ground equipment within one hundred
fifty (150) feet already occupies a footprint of 28 cubic ft. or more
to minimize effect on property values and aesthetics on the area.
Ground equipment shall be of a neutral color, and use exterior building
materials that are compatible with surrounding structures, as determined
by the planning director.
(18)
Concealment and enclosure, generally.
To the extent
technically feasible, facilities shall be concealed or enclosed as
much as reasonably possible in an equipment box, cabinet, or other
unit that may include ventilation openings. External cables and wires
hanging off a pole shall be sheathed or enclosed in a conduit, so
that wires are protected and not visible or visually minimized. Guy
wires, anchors, pedestals, boxes, and other above-grade facilities
shall not fully or partially encroach within a sidewalk area, including
a clear vertical clearance of seven and one-half (7.5) feet above
the sidewalk.
(19)
Preserve sight visibility and access.
(20)
Historic district criteria.
(A)
Stealth or concealment of facilities and poles shall be required
by the city with decorative poles, in historic districts. Applications
for placement of facilities in a historic district must include proposed
stealth or concealment measures and include decorative poles, design
provided herein.
(B)
Micro network nodes may not be lashed on lines in a historic district,
a minor residential street abutting a residential district, or an
area adjacent to a park.
(C)
Historic districts within the city are zoned as H-C, historic-cultural
landmark overlay and RCR-H, residential conservation and revitalization,
as such zoning may be amended. Historic landmarks are those properties
individually zoned as HC-L, historic-cultural-landmark as such zoning
may be amended.
(21)
Utility easements.
Above-ground facilities and poles are prohibited in a utility easement if such utility easement is not adjacent to and parallel with a public way, except with the written permission of the underlying fee owner. The city may rely upon county appraisal records to determine the ownership of the fee interest in the property. Poles must be spaced 150 feet or more from any existing pole. Applications for permit under section 14.03.199(b) must be accompanied by a site plan. All other requirements of this division apply. This section shall not prohibit the replacement of existing poles or structures in such utility easement. No facilities or poles are to be installed in an exclusive water or sewer easement.
(22)
Colors.
In order to avoid or remedy the intangible public
harm of unsightly or out-of- character deployments, all equipment
mounted on a pole, including antennas, must match the color of the
pole. Colors for all facilities in historic districts must be in accordance
with approved historic district design guidelines.
(23)
Temporary utilities.
Temporary utilities may be located
in nonstandard locations.
(24)
General construction and maintenance requirements.
Facilities
and pole shall be constructed and maintained in a manner that does
not:
(A)
Obstruct, impede, or hinder the usual travel or public safety on
a public right- of-way;
(B)
Obstruct the legal use of a public right-of-way by other utility
providers;
(C)
Violate applicable codes, statutes, historic preservation laws, or
other law;
(D)
Interfere with the city’s public safety infrastructure;
(E)
Violate or conflict with this division; or
(F)
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C.
section 12101 et seq.) and the Texas Accessibly Standards.
(25)
Compliance with AASHTO.
All facilities in the right-of-way
must meet the requirements and guidelines outlined in the AASHTO roadside
design guide in effect at the time of application.
(Ordinance 19-017 adopted 4/2/19)
(a)
Applicability.
Appeals may be filed pursuant to this
section related to interpretations of this division, decisions of
the city engineer related to the final denial, suspension, or revocation
of a permit, or if the applicant believes that the final denial of
a permit materially inhibits the provision of service in violation
of sections 253 or 332 of the Telecommunications Act of 1996. However,
the appeal process provided by this section shall not be available
for criminal violations of this division. An appeal filed pursuant
to this section does not postpone the effectiveness of the final decision
of the city engineering regarding denial, suspension or revocation
of a permit. The city engineer’s decision is the final decision
under Texas Local Government Code section 284.154(d). The city engineer
may adopt rules regulating the process and requirements for appeals.
(b)
Appeal to city manager.
A permittee or applicant may appeal interpretations or decisions referred to in subsection (a) above by filing a written appeal with the city manager within seven (7) business days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party’s challenge to the city engineer’s interpretation or decision under this division. The city manager may adopt rules regulating the process and requirements for appeals.
(c)
Issuance of decision by city manager.
Decisions of the
city manager shall be issued within ten (10) business days of receipt
of the written appeal. Decisions of the city manager shall be final.
Failure to render a decision shall constitute a denial.
(Ordinance 19-017 adopted 4/2/19)
(a)
Agencies and network providers.
Each agency or network
provider applying for a permit shall obtain, maintain, and provide
proof of the each of the following types of insurance and coverage
limits. These insurance policies shall be underwritten by insurance
companies with an A.M. Best Rating of A VI or better.
(1)
Commercial general liability on an occurrence form with minimum limits
of five million dollars ($5,000,000.00) per occurrence and ten million
dollars ($10,000,000.00) aggregate. This coverage shall include the
following:
(2)
Automobile liability coverage with a minimum policy limits of one
million dollars ($1,000,000.00) combined single limit. This coverage
shall include all owned, hired and nonowned automobiles.
(3)
Workers compensation and employers liability coverage. Statutory
coverage limits for coverage A and five hundred thousand dollars ($500,000.00)
coverage B employer’s liability is required.
(b)
Public infrastructure contractors.
Each public infrastructure contractor applying for a permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in subsection (a) above; however, the policy limits under the general liability insurance shall be one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. All other coverage provisions outlined in subsection (a) above shall apply.
(c)
The method for proof of insurance is a certified copy of the insurance
policy. The city reserves the right to review the insurance requirements
and to reasonably adjust insurance coverage and limits when the city
manager determines that changes in statutory law, court decisions,
or the claims history of the industry, the agency, network provider,
or public infrastructure contractor require adjustment of the coverage.
(d)
The city will accept certificates of self-insurance issued by the
state or letters written by the agency in those instances where the
state does not issue such letters, which provide the same coverage
as required herein. However, certificates of self-insurance must be
approved in advance by the risk manager for the city.
(e)
The agency, network provider or public infrastructure contractor
shall furnish, at no cost to the city, copies of certificates of insurance
evidencing the coverage required by this section to the city. If the
city requests a deletion, revision or modification, the agency, network
provider, or public infrastructure contractor shall exercise reasonable
efforts to pay for and accomplish the change.
(f)
The agency, network provider, or public infrastructure contractor
shall file and maintain proof of insurance with the engineering department.
An insurance certificate obtained in compliance with this section
is subject to city approval, through the city’s insurance advisor.
The city may require the certificate to be changed to reflect changing
liability limits. An agency, network provider, or public infrastructure
contractor shall immediately advise the city attorney of actual or
potential litigation that may develop which may affect an existing
carrier’s obligation to defend and indemnify the city.
(g)
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.
Insurance coverage must be available on a “per project”
basis.
(h)
An insurer has no right of recovery against the city. The required
insurance policies shall protect the agency or public infrastructure
contractor and include the city as an additional insured. The insurance
shall be primary coverage for losses covered by the policies.
(i)
The policy clause “other insurance” shall not apply to
the city.
(j)
The agency, network provider, or public infrastructure contractor
shall pay premiums and assessments. A company that issues an insurance
policy has no recourse against the city for payment of a premium or
assessment. Insurance policies obtained by an agency, network provider,
or public infrastructure contractor must provide that the issuing
company waives all right of recovery by way of subrogation against
the city in connection with damage covered by the policy.
(k)
Each policy must include a provision that requires the insurance
company to notify the city in writing at least thirty (30) calendar
days before canceling or failing to renew the policy or before reducing
policy limits or coverages.
(l)
Each agency must comply with the insurance requirements in this section,
unless the agency’s current franchise or license agreement with
the city specifically addresses insurance requirements, in which case
the franchise or license agreement shall control.
(Ordinance 19-017 adopted 4/2/19)
(a)
To the extent authorized by law, each certificated telecommunications
provider, agency, network provider, or public infrastructure contractor
placing facilities in the public rights-of-way shall indemnify, and
hold the city and its officers and employees harmless from and against
all claims, lawsuits, judgments, costs, liens, losses, expenses, fees
(including reasonable attorney’s fees and costs of defense),
proceedings, actions, demands, causes of action, liability, and suits
of any kind and nature, including personal or bodily injury (including
death), property damage, or other harm for which recovery of damages
is sought that is found by a court of competent jurisdiction to be
caused solely by the negligent act, error, or omission of the agency,
network provider, or public infrastructure contractor any agent, officer,
director, representative, employee, affiliate, or subcontractor of
the certificated telecommunications provider, agency, network provider
or public infrastructure contractor, while installing, repairing,
or maintaining facilities in a public right-of-way.
(b)
The indemnity provided by this subsection does not apply to any liability
resulting from the negligence of the city, its officers, employees,
contractors, or subcontractors. If a certificated telecommunications
provider, agency, network provider, or public infrastructure contractor
and the city are found jointly liable by a court of competent jurisdiction,
liability shall be apportioned comparatively in accordance with the
laws of state without, however, waiving any governmental immunity
available to the city under state law and without waiving any defenses
of the parties under state law.
(c)
This section is solely for the benefit of the city and the certificated
telecommunication provider, agency, network provider or public infrastructure
contractor and does not create or grant any rights, contractual or
otherwise, to any other person or entity.
(Ordinance 19-017 adopted 4/2/19)
(a)
Any warranty made hereunder shall serve as security for the performance
of work necessary to repair the public rights-of-way if the agency,
network provider, or public infrastructure contractor fails to make
the necessary repairs or to complete the work under the permit.
(b)
The agency, network provider, or public infrastructure contractor,
by acceptance of the permit, expressly warrants and guarantees complete
performance of the work affecting the city’s right-of-way in
a good and workmanlike manner acceptable to the city and warrants
and guarantees all such work done for a period of one (1) year after
the date of acceptance and agrees to maintain upon demand and to make
all necessary repairs during the one-year period. This warranty shall
include all repairs and actions needed as a result of:
(1)
Defects in workmanship;
(2)
Settling of fills or excavations;
(3)
Any unauthorized deviations from the approved plans and specifications;
(4)
Failure to barricade;
(5)
Failure to clean up during and after performance of the work;
(6)
Restoration of improvements including, but not limited to, landscaping
and irrigation; or
(7)
Any other violation of this division or the ordinances of the city.
(c)
The one-year warranty period shall run from the date of the city’s
acceptance of the work which shall be the date of the letter of acceptance
issued by the city to the agency, network provider, or public infrastructure
contractor. If repairs are required during the one-year warranty period,
those repairs need only be warranted until the end of the initial
one-year period starting with the date of acceptance. It is not necessary
that a new one-year warranty be provided for subsequent repairs after
probationary acceptance.
(d)
At any time prior to completion of the one-year warranty period,
the city may notify the agency, network provider, or public infrastructure
contractor of any needed repairs. Such repairs shall be completed
within twenty-four (24) hours if the defects are determined by the
city to be an imminent danger to the public health, safety, and welfare.
Nonemergency repairs shall be completed within fifteen (15) calendar
days after notice.
(Ordinance 19-017 adopted 4/2/19)
(a)
Fees for network nodes.
Fees for network nodes shall
be based on reasonable fair market value of the use allowed in accordance
with the anti-gift provisions of the state constitution. The initial
rental fee per node shall be $2,000.00 annually and shall be adjusted
each January 1st to reflect changes in the annual revised consumer
price index for All Urban Consumers for Texas, as published by the
federal Bureau of Labor Statistics, unless otherwise provided by valid,
constitutional, state law.
(b)
Fees for service poles.
Fees for service poles shall be based on reasonable fair market value of the use allowed in accordance with the anti-gift provisions of the state constitution. The initial rental fee per pole shall be $1,000.00 annually and shall be adjusted each January 1st to reflect changes in the annual revised consumer price index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics, unless otherwise provided by valid, constitutional, state law. A network provider must pay the an amount equal to the lower of the greatest amount allowed by Texas Local Government Code chapter 284 and the greatest amount allowed by federal law, as further amended, per year per service pole for collocation of a network node on a city-owned service pole. The monthly fee shall begin six (6) months from the date of permit approval. Fees will continue until the owner of the network node notices the city of the abandonment of the facility pursuant to section 14.03.217.
(c)
Fees for transport facilities.
Fees for transport facilities
shall be based on reasonable fair market value of the use allowed
in accordance with the anti-gift provisions of the state constitution.
The initial rental fee shall be a minimum of $28.00 per node monthly
and shall be adjusted each January 1st to reflect changes in the annual
revised consumer price index for All Urban Consumers for Texas, a
published by the federal Bureau of Labor Statistics, unless otherwise
provided by valid, constitutional, state law. Late fees may be assessed
as allowed by law.
(Ordinance 19-017 adopted 4/2/19)
(a)
In order to protect the public health, safety and welfare, all agencies,
network providers, and public infrastructure contractors placing facilities
or engaging in construction, excavation, encroachments, and work activities
within or upon any public right-of-way must register with the city.
Registration must be renewed annually on or before January 31st. Annual
renewal is required to allow the city to contact the current owners
of facilities when emergencies arise and to coordinate infrastructure
in the right-of-way. The registration form to be used may be obtained
from the engineering department. If a registration is not renewed,
and subject to sixty (60) calendar days notification to the agency,
all facilities owned by the agency within the city will be deemed
to have been abandoned and shall become the property of the city.
When any information provided for the registration changes, the agency
or public infrastructure contractor shall notify the city of the change
no more than thirty (30) calendar days after the date the change is
made. Registration shall include:
(1)
The name, address, and telephone number(s) of the owner of the facilities
to be located in the public rights-of-way, including the business
name, assumed name, or trade name under which the agency operates
or under which it has operated within the past five (5) years. In
the case of a public infrastructure contractor, the name, address,
and telephone number(s) of the public infrastructure contractor and
the name, address, and telephone number(s) of the developer for whom
the public infrastructure contractor is working.
(2)
The name(s), address(es) and telephone number(s) of the person(s)
who will be contact person(s) for the owner.
(3)
The name(s), address(es) and telephone number(s) of any contractor(s)
or subcontractor(s) who will be working in the public rights-of-way
on behalf of the owner.
(4)
The name and telephone number(s) of an emergency contact for the
owner who shall be available twenty-four (24) hours a day.
(5)
The name(s), address(es) and telephone number(s) of the person(s)
who will be attending the utility coordination meetings for the owner.
(6)
The name(s), address(es) and telephone number(s) of the person(s)
who will be receiving plans of city construction projects on behalf
of the owner.
(7)
The name, address, and telephone number(s) of the person who will
be responsible for receiving notification of abandonment issues on
behalf of the owner.
(9)
For agencies that are certificated telecommunications providers,
a copy of the notice of approval issued by the public utility commission
of the state that grants the certificated telecommunications provider
a service provider certificate of operating authority (SPCOA) or certificate
of convenience and necessity (CCN).
(10)
The ordinance number of any franchise or license, if any, issued
by the city that authorizes the owner to use the public rights-of-way.
(b)
Registration shall be a prerequisite to issuance of a permit. Each
agency, network provider, and public infrastructure contractor shall
update and keep current its registration with the city at all times.
(Ordinance 19-017 adopted 4/2/19)
(a)
Any agency or network provider with facilities in the public rights-of-way
shall submit plans of record in accordance with the following requirements:
(1)
A city street map marked in such a manner as to evidence which type
D and above thoroughfares along which the agency or network provider
has placed facilities (not including boxes and other appurtenances)
shall serve as the plans of record for the agency or network provider.
The address and GPS coordinates must be included for any pole or equipment
collocated on a pole. The city street map will be made available in
a digital format upon request to the city engineer.
(2)
On or before January 31st of each calendar year following the initial
submittal of its plans of record, an agency or network provider shall
provide to the city engineer plans of record that show all installations
of new facilities, and all changes, additions, abandonments, and relocations
relating to existing facilities completed in the previous calendar
year, including the address and GPS coordinates for such facilities.
(b)
Plans of record shall not include information that is a trade secret
or other confidential information protected from disclosure by state
law. Information marked “proprietary” or “confidential”
will not be accepted by the city. Location information is not a trade
secret or proprietary/confidential information, and this subsection
may not be construed to authorize an agency or network provider to
fail to provide location information.
(Ordinance 19-017 adopted 4/2/19)
(a)
Responsibility for employees, courtesy and drug policy.
Agencies, network providers and infrastructure contractors shall
be responsible and liable for the acts and omissions of their employees,
temporary employees, officers, directors, consultants, agents, affiliates,
subsidiaries, and subcontractors in connection with the installations
of facilities in the right-of-way, as if such acts or omissions were
agency’s, network provider’s, or public infrastructure
contractor’s acts or omissions. Work in the public rights-of-way
shall be done in a manner that causes the least interference with
the rights, and reasonable convenience of property owners and residents.
Citizen satisfaction must be a priority in using the right-of-way.
Agencies, network providers, and infrastructure contractors shall
train their employees to be customer service-oriented and to positively
and politely interact with citizens when dealing with issues pertaining
to its facilities in the right-of-way. Employees shall be clean, courteous,
efficient, and neat in appearance and committed to offering the highest
quality of interaction with the public. If, in the opinion of the
city manager, the employee is not interacting in a positive and polite
manner with citizens, he or she shall request that the agency, network
provider or infrastructure contractor take all remedial steps to conform
to these standards. It is the policy of the city to achieve a drug-free
workforce and workplace. The manufacture, distribution, dispensation,
possession, sale, or use of illegal drugs or alcohol by agency’s,
network provider’s or infrastructure contractor’s employees,
contractors, subcontractors, or vendors while on city rights-of-way
is prohibited.
(b)
Minimal interference.
Agency’s, network provider’s,
or public infrastructure contractor’s facilities shall be constructed
or maintained in such a manner as not to interfere with sewers, water
pipes, or any other property of the city, or with any other pipes,
wires, conduits, pedestals, structures, or other facilities that may
have been laid in the rights-of-way by, or under, the city’s
authority. The agency’s, network provider’s or public
infrastructure contractor’s facilities shall be located, erected,
and maintained so as not to endanger or interfere with the lives of
persons, or to interfere with improvements the city may deem proper
to make or to unnecessarily hinder or obstruct the free use of the
rights-of-way or other public property, and shall not interfere with
the travel and use of public places by the public during the construction,
repair, operation, or removal thereof, and shall not obstruct or impede
traffic. The agency, network provider, or infrastructure contractor
shall not cause any interference with city public safety radio system,
traffic signal light system, or other city safety communications components.
(c)
Responsibilities under permit; location of facilities.
(1)
A permit does not relieve an agency, network provider, or public
infrastructure contractor of the responsibility to coordinate with
other utilities and to protect existing facilities. An agency, network
provider, or public infrastructure contractor working in the right-of-way
is responsible for obtaining 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, agency, network provider,
or public infrastructure contractor shall compile 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 city
engineer.
(3)
Protection of utilities.
Before beginning excavation
in any public right-of-way, an agency, network provider, or public
infrastructure contractor shall contact the state one-call system
or any other company operating under the one-call statute and, to
the extent required by chapter 251 of the Texas Utilities Code, make
inquiries of all ditch companies, utility companies, districts, local
government departments, and all other agencies that might have facilities
in the area of work to determine possible conflicts.
(A)
Field locations shall be marked prior to commencing work. The agency,
network provider, or public infrastructure contractor shall support
and protect all pipes, conduits, poles, wires, or other apparatus
that may be affected by the work from damage during construction or
settlement of trenches subsequent to construction.
(B)
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 a marking he makes in the public right-of-way to mark
the location of existing underground utilities remains visible longer
than sixty (60) calendar days after being applied.
(d)
Underground construction and use of poles.
(1)
Facilities shall be maintained in an appropriate manner.
(2)
Should the city desire to place its own facilities in trenches or
bores opened by the agency, network provider, or public infrastructure
contractor, the agency, network provider, or public infrastructure
contractor shall cooperate with the city in any construction by the
agency, network provider, or public infrastructure contractor that
involves trenching or boring, provided that the city has first notified
the agency, network provider, or public infrastructure contractor
in some manner that it is interested in sharing the trenches or bores
in the area in which the agency’s, network provider’s
or public infrastructure contractor’s construction is occurring.
The agency, network provider, or public infrastructure contractor
shall allow the city to place its facilities in the agency’s,
network provider’s or public infrastructure contractor’s
trenches and bores, provided the city incurs any incremental increase
in cost of the trenching and boring. The city shall be responsible
for maintaining its respective facilities buried in the agency’s,
network provider’s or public infrastructure contractor’s
trenches and bores under this subsection.
(e)
Joint trenching.
(1)
The public rights-of-way have a finite capacity for containing facilities.
The city engineer may require an agency, network provider, or public
infrastructure contractor to share trench space to minimize the disruption
of vehicular or pedestrian traffic.
(2)
All facilities shall meet any applicable local, state, and federal
clearance and other safety requirements, be adequately grounded and
anchored, and meet the provisions of any contracts executed between
agency, network provider, or public infrastructure contractor and
the other joint user. Agency, network provider, or public infrastructure
contractor may, at its option, correct any attachment deficiencies
and charge the joint user for its costs.
(f)
Excavation safety.
On construction projects in which
excavation will exceed a depth of five (5) feet, the agency, network
provider, or public infrastructure contractor must have detailed plans
and specifications for excavation safety systems. The term “excavation”
includes trenches, structural or any construction that has earthen
excavation subject to collapse. The excavation safety plan shall be
designed in conformance with state law and Occupational Safety and
Health Administration (OSHA) standards and regulations.
(g)
Erosion control.
The agency, network provider, or public
infrastructure contractor shall be responsible for stormwater management
erosion control that complies with city, state and federal guidelines.
All installations shall comply with TxDOT Erosion and Sediment Control
Manual, as amended.
(h)
On-site requirements.
Agencies, network providers and
public infrastructure contractors subject to this division must have
a minimum of one (1) English-speaking representative at the site where
work is being performed at all times. Additionally, each of agency’s,
or network provider’s or public infrastructure contractor’s
vehicles shall bear a sign identifying the agency, network provider,
or public infrastructure contractor that owns the vehicles.
(i)
Electrical supply.
Agencies, network providers and public
infrastructure contracts are responsible for obtaining any required
electrical power services to their facilities. The city shall not
be liable for any stoppages or shortages of electrical power furnished
to the facilities, including without limitation; stoppages or shortages
caused by any act, omission, or requirement of the public utility
serving the facilities or the act or omission of any other tenant
of the structure or user of the right-of-way, or for any other cause
beyond the control of the city. Generators and back-up generators
are prohibited in the right-of-way.
(Ordinance 19-017 adopted 4/2/19)
In the city, the public infrastructure must be maintained and
protected by all agencies, network providers, and public infrastructure
contractors. The public health, safety and welfare is at risk when
damages to water and sewer mains occur. To protect the water and sewer
system, no person, agency, network provider, or public infrastructure
contractor will be allowed to directionally bore longitudinally with
water and sewer mains that are twelve (12) inches or larger. The installation
of facilities in the public rights-of-way will be installed by open
excavation to assure the protection of the city’s water and
sewer system. The city has available mapping that identifies such
mains. The agency, network provider, or public infrastructure contractor
is responsible for obtaining and using this information in the design
of new facilities. When boring is acceptable, pothole process is required
for twelve (12) inches or larger water and sewer mains or any main
that is deemed critical by the city. Bore time is restricted to the
following schedule: 7:00 a.m. to 4:00 p.m. Monday through Thursday,
7:00 a.m. to noon on Friday and no bore on Saturday and Sunday. Missiles
are not considered directional boring and are not allowed unless otherwise
approved by the city.
(Ordinance 19-017 adopted 4/2/19)
(a)
Excavations in city rights-of-way disrupt and interfere with the
public use of the city streets and damage the pavement and landscaping.
The purpose of this section is to reduce this disruption, interference
and damage by promoting better coordination among agencies, network
providers, or public infrastructure contractors making excavations
in public rights-of-way and between these agencies, network providers
and public infrastructure contractors and the city. Better coordination
will assist in minimizing the number of excavations being made wherever
feasible and will ensure the excavations in city rights-of-way are,
to the maximum extent possible, performed before, rather than after,
the reconstruction of the streets by the city.
(b)
Utility coordination meeting.
(1)
The city will hold a utility coordination meeting a minimum of two
(2) times per year. The purpose of the meeting is for the city to
inform agencies, network providers, and public infrastructure contractors
of proposed and current community investment projects in the city
and also for the agencies, network providers, and public infrastructure
contractors to inform each other and the city of current and future
projects. Each agency, network provider and public infrastructure
contractor is encouraged to attend and participate in the meetings
of the city, of which the agency, network provider, or public infrastructure
contractor will be made aware.
(2)
The city will notify the affected agencies, network providers, and
public infrastructure contractors at least six (6) months before construction
will start on a city project. Preliminary plans will be provided to
the affected agencies, network providers, and public infrastructure
contractors at least four (4) months before the project is to start
construction. Final plans will be provided to the affected agencies,
network providers, and public infrastructure contractors at least
two (2) months before the project is to start construction.
(3)
Whenever it is possible and reasonably practicable to joint trench
or share bores or cuts, the agency, network provider, or public infrastructure
contractor shall work with other agencies, network providers, and
public infrastructure contractors so as to reduce as much as possible
the number of right-of-way cuts within the city.
(c)
Excavation master plan.
In addition to participating
in the utility coordination meetings, any agency, network provider,
or public infrastructure contractor owning, operating or installing
facilities in public rights-of-way, providing water, sewer, gas, electric,
communication, video, or other utility services, shall meet annually
with the city engineer, at the city engineer’s request, to discuss
agency’s, network provider’s, or public infrastructure
contractor’s excavation master plan. At such meeting, to the
extent not already in possession of the city, agency, network provider,
or public infrastructure contractor shall submit documentation, in
a form required by the city engineer, showing the location of the
agency’s, network provider’s, or public infrastructure
contractor’s existing facilities in the public rights-of-way.
(1)
Agency, network provider, or public infrastructure contractor shall
discuss with the city engineer its excavation master plan and identify
planned major excavation work in the city. The city engineer may make
his own record on a map, drawing, or other documentation of each agency’s
or network provider’s or public infrastructure contractor’s
planned major excavation work in the city; provided, however, that
no such document prepared by the city engineer shall identify a particular
entity, or the planned major excavation work of that particular entity.
(2)
Each agency or public infrastructure contractor shall submit annually,
on or before March 31st, a revised and updated excavation master plan.
As used in this subsection, the term “planned major excavation
work” refers to any future excavations planned by the agency,
network provider, or public infrastructure contractor when the excavation
master plan or update is submitted that will affect any public rights-ofway
for more than five (5) business days, provided that the agency, network
provider, or public infrastructure contractor shall not be required
to identify future major excavations planned to occur more than three
(3) years after the date that the agency’s, network provider’s,
or public infrastructure contractor’s master plan or update
is discussed.
(3)
Between the annual meetings to discuss planned major excavation work,
agency, network provider, or public infrastructure contractor shall
inform the city engineer of any substantial changes in the planned
major excavation work discussed at the annual meeting. The city will
not preclude an agency, network provider, or public infrastructure
contractor from obtaining a permit for a project that was inadvertently
excluded from the agency’s, network provider’s or infrastructure
contractor’s excavation master plan or was unknown at the time
the plan was created.
(Ordinance 19-017 adopted 4/2/19)
(a)
Noise, dust, debris, hours of work.
Each agency, network
provider, and public infrastructure contractor shall conduct work
in such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. In the
performance of the work, the agency, network provider, or public infrastructure
contractor shall take appropriate measures to reduce noise, dust,
and unsightly debris. No work shall be done between the hours of 10:00
p.m. and 7:00 a.m., except with the written permission of the city
engineer, or in case of an emergency. Bore time is restricted to the
following schedule: 7:00 a.m. to 4:00 p.m. Monday through Thursday,
7:00 a.m. to noon on Friday and no bore on Saturday and Sunday. Missiles
are not considered directional boring and are not allowed unless otherwise
approved by the city.
(b)
Trash and construction materials.
(1)
Each agency, network provider, and public infrastructure contractor
shall maintain the work site so that:
(A)
Trash and construction materials are contained so that they are not
blown off of the construction site.
(B)
Trash is removed from a construction site often enough so that it
does not become a health, fire, or safety hazard.
(C)
Trash dumpsters and storage or construction trailers are not placed
in the street without written approval of the city engineer.
(2)
Agency, network provider, or public infrastructure contractor may
only use approved trash haulers when working in the public rights-of-way.
(c)
Deposit of dirt and material on roadways.
Each agency,
network provider, and public infrastructure contractor shall eliminate
the tracking of mud or debris upon any street or sidewalk. Equipment
and trucks used during construction, excavation, or work activity
shall be cleaned of mud and debris prior to leaving any work site.
(d)
Protection of trees and landscaping.
Each agency, network
provider, and public infrastructure contractor shall protect trees,
landscape, and landscape features as required by the city and shall
be responsible for supplemental maintenance and watering during construction
and until restoration is complete and in accordance with the performance
warranty made the agency, network provider, or public infrastructure
contractor under this division. All protective measures shall be provided
at the expense of the agency, network provider, or public infrastructure
contractor. Agency, network provider, or infrastructure contractor
and its contractors, and agents shall obtain written permission from
the city manager before trimming trees hanging over its facilities
in the right-of-way. When directed by the city manager, agency, network
provider or infrastructure contractor shall trim under the supervision
and direction of the parks director. The city shall not be liable
for any damages, injuries, or claims arising from agency’s,
network provider’s, or infrastructure contractor’s actions
under this section.
(e)
Protection of paved surfaces from equipment damage.
Backhoe equipment outriggers shall be fitted with rubber pads whenever
outriggers are placed on any paved surface. Tracked vehicles with
grousers are not permitted on paved surface unless specific precautions
are taken to protect the surface. Agency, network provider, or public
infrastructure contractor shall be responsible for any damage caused
to the pavement by the operation of such equipment and shall repair
such surfaces. Failure to do so will result in the use of the agency’s,
network provider’s, or public infrastructure contractor’s
performance warranty/guarantee by the city to repair any damage, and,
possibly, the requirement of additional warrantee(s).
(f)
Protection of property.
Each agency, network provider,
and public infrastructure contractor shall protect from injury any
public rights-of-way and adjoining property by providing adequate
support and taking other necessary measures. Agency, network provider,
or public infrastructure contractor shall, at its own expense, shore
up and protect all buildings, walls, fences, or other property likely
to be damaged during the work and shall be responsible for all damage
to public or private property resulting from failure to properly protect
and carry out work in the public rights-of-way.
(g)
Clean-up.
As the work progresses, all public rights-of-way
and private property shall be thoroughly cleaned of all rubbish, excess
dirt, rock, and other debris. All clean-up operations shall be done
at the expense of the agency, network provider, or public infrastructure
contractor. Agency, network provider, or public infrastructure contractor
shall restore any disturbed area to its original condition. All restoration
work must be completed within ten (10) business days following the
date of substantial completion of the work in the right-of-way. Such
clean-up and restoration shall be subject to the sole, reasonable
approval of the city engineer.
(h)
Vehicle parking.
Each agency, network provider, and
public infrastructure contractor shall make provisions for employee
and construction vehicle parking so that neighborhood parking adjacent
to a work site is not impacted.
(i)
Walkways.
Each agency, network provider, and public
infrastructure contractor shall maintain an adequate and safe unobstructed
walkway around a construction site or blocked sidewalk in conformance
with city code.
(j)
Graffiti abatement.
As soon as practical, but not later
than fourteen (14) calendar days from the date agency, network provider,
or infrastructure contractor receives notice thereof, the agency,
network provider or infrastructure contractor, shall remove all graffiti
on any of its facilities located in the right-of-way. The foregoing
shall not relieve the agency, network provider, or infrastructure
contractor from complying with any city graffiti or visual blight
ordinance or regulation.
(k)
Signage.
(1)
Agency, network provider, or infrastructure contractor shall post
its name, location identifying information, and emergency telephone
number in an area on the cabinet of the facility that is visible to
the public. Signage required under this section shall not exceed 4"
x 6", unless otherwise required by law (e.g. RF ground notification
signs) or the city manager.
(2)
Except as required by laws or by the utility pole owner, agency,
network provider, or infrastructure contractor shall not post any
other signage or advertising on the facilities or poles.
(l)
Ownership.
No part, of any facilities placed on the
right-of-way pursuant to this division will become, or be considered
by the city as being affixed to or a part of, the right-of-way, except
for facilities accepted as city facilities by the city engineer in
writing. All other facilities placed in the right-of-way pursuant
to this division will be and remain the property of the agency or
network provider and may be removed by the agency or network provider
at any time, provided the agency or network provider shall obtain
permits or give notice as required by this division.
(m)
Notification.
Each agency, network provider, and public
infrastructure contractor shall notify the public works department
forty-eight (48) hours before undertaking any work in the right-of-way.
(Ordinance 19-017 adopted 4/2/19)
(a)
No person, agency, network provider, or public infrastructure contractor
may close a public street without first obtaining a permit from the
city engineer. An application for a maintenance permit and a traffic-control
plan shall be submitted to the city engineer no less than seven (7)
business days prior to the date of the proposed closure unless an
emergency exists, in which case immediate notice must be given to
the city engineer. If a proposed construction project is to be made
in the public right-of-way dedicated to the state, a city permit shall
be required in addition to any and all permits required by the state.
(b)
When it is necessary to obstruct traffic, an application for a maintenance
permit and traffic-control plan shall be submitted to the city engineer
prior to starting construction. No permit will be issued until the
traffic-control plan is approved by the city engineer. No agency,
network provider, or public infrastructure contractor shall block
access to and from private property, block emergency vehicles, block
access to fire hydrants, fire stations, fire escapes, water valves,
underground vaults, valve housing structures, or any other vital equipment
unless the agency, network provider, or public infrastructure contractor
provides the city with written verification of written notice delivered
to the owner or occupant of the facility, equipment, or property at
least forty-eight (48) hours in advance.
(c)
When necessary for public safety, the agency, network provider, or
public infrastructure contractor shall employ flag persons whose duties
shall be to control traffic around or through the construction site.
The use of flag persons may be required by the city engineer.
(d)
Unless approved by the city engineer, the agency, network provider,
or public infrastructure contractor shall not impede rush hour traffic
on major thoroughfares during the morning or evening rush hours. No
construction shall be performed nor shall any traffic lane be closed
to traffic during the hours of 6:00 a.m. to 9:00 a.m. or 4:00 p.m.
to 6:00 p.m., Monday through Friday, without the written approval
of the city engineer.
(e)
Lane closures on major thoroughfares will be limited to no more than
two (2) hours at any time outside of the morning and evening rush
hours unless approved by the city engineer.
(f)
Traffic-control devices and barricades, as defined in part VI of
the Manual on Uniform Traffic-Control Devices, or any successor publication
thereto, must be used whenever it is necessary to close a traffic
lane or sidewalk. Traffic-control devices and barricades are to be
supplied by the agency, network provider, or public infrastructure
contractor. If used at night, they must be reflectorized and must
be illuminated or have barricade warning lights.
(g)
Part VI of the Manual on Uniform Traffic-Control Devices, or any
successor publication thereto, shall be used as a guide for all maintenance
and construction signing. The agency, network provider, or public
infrastructure contractor shall illustrate on the permit the warning
and control devices proposed for use. At the direction of the city
engineer, such warning and control devices shall be modified.
(h)
The city engineer may refuse to issue a permit if proposed construction
activity will substantially interfere with vehicular traffic flow
on major thoroughfares or is inconsistent with procedures of this
division.
(Ordinance 19-017 adopted 4/2/19)
(a)
The agency, network provider, or public infrastructure contractor
shall be responsible for maintaining all street cuts in such a manner
as to avoid a hazard to vehicular and pedestrian traffic until permanently
repaired.
(1)
When emergency repairs are deemed necessary by the city engineer
to correct a situation that is hazardous to the public, the agency,
network provider, or public infrastructure contractor that is responsible
for the cut shall be notified immediately. If the agency, network
provider, or public infrastructure contractor does not provide an
acceptable schedule for making the emergency repair within eight (8)
hours of being notified, the repairs will be performed by the city,
and the agency, network provider, or public infrastructure contractor
will be billed for the repairs necessary to complete the project,
including clean up.
(2)
Agency, network provider, or public infrastructure contractor will
be required to maintain the interim cut repair until they have completed
final repairs.
(3)
Traffic bearing steel plates shall be utilized on all concrete paving
cuts until required curing is accomplished. Asphalt shall be used
to provide smooth ramps at the edges. Plates or asphalt may be used
for temporary repairs.
(b)
All damage caused directly or indirectly to the street surface or
subsurface outside the pavement cut area shall be regarded as a part
of the street cut. These areas, as established by the city inspector,
will be included in the total area repaired.
(c)
The agency, network provider, or public infrastructure contractor
shall notify the public works department immediately of any damage
to other utilities, either city or privately owned.
(d)
Construction methods.
(1)
The city’s special provisions to standard specifications for
public works construction and the city’s standard construction
details shall govern the cutting and restoration of street and alley
pavements in the city. These requirements shall apply equally to any
person, public infrastructure contractor, network provider, agency
or city department who makes cuts and repairs to streets and alleys
in the city. Any above or in-ground equipment shall not be partially
or completely within the sidewalk area, or within eighteen (18) inches
of the paved sidewalk, unless otherwise approved by the city.
(2)
Permanent repairs of utility cuts in existing streets, alleys or
easements will be completed by the agency, network provider, or public
infrastructure contractor within fourteen (14) calendar days of beginning
the work. If an agency, network provider, or public infrastructure
contractor does not believe that it will be able to meet this schedule,
the agency, network provider, or public infrastructure contractor
must contact the city engineer concerning an alternative schedule
for the repairs. Any alternative schedule must be approved by the
city engineer prior to the beginning of the work. The agency, network
provider, or public infrastructure contractor will be responsible
for any maintenance of the repair for a period of one (1) year after
the repair is complete. Failure to do so will result in the use of
the agency’s, network provider’s or public infrastructure
contractor’s performance warranty/guarantee by the city to repair
any damage, and, possibly, the requirement of additional warrantee(s)
and/or the denial of future permits.
(3)
Steel plates left in the right-of-way after repairs are completed
will be removed by the city and become the city’s property.
(4)
Excavation in street or alley pavements should begin with an air-hammer
shovel, a pavement breaker or other equipment that will not damage
the pavement outside an approximate width of the ditch prior to beginning
trenching operations. All street excavations will be saw cut before
the street is repaired. Full depth saw cuts are required. If the excavation
is to pass under where the curb is installed without dummy/expansion
joint, the agency, network provider, or public infrastructure contractor
may saw cut a smooth line one (1) foot beyond each side of the disturbed
base. If no damage to curb is evident to the city inspector, the agency,
network provider, or public infrastructure contractor may pump concrete
under curb and gutter on cuts less than one (1) foot wide. The city
inspector will make this determination prior to concrete being placed
under existing curb and gutter.
(e)
Notification of homeowners’ and homeowner associations.
When an agency, network provider, or public infrastructure contractor
is installing more than five hundred (500) linear feet of underground
facilities, the agency, network provider, or public infrastructure
contractor shall notify in writing all homeowner associations, from
information maintained by the city, and individual homeowners along
the route. Door hangers are an acceptable form of written notification.
This notification shall give information about the project, not limited
to the proposed location of the facilities, the time length for construction
and a contact person to report any problems. The agency, network provider,
or public infrastructure contractor must also contact all homeowner
associations concerning the location of any underground improvements.
(Ordinance 19-017 adopted 4/2/19)
(a)
Agency, network provider, public infrastructure contractor responsibility.
The agency, network provider, or public infrastructure contractor
shall be fully responsible for the cost and actual performance of
all work in the public rights-of-way. The agency, network provider,
or public infrastructure contractor shall do all work in conformance
with any and all engineering regulations, construction specifications,
and design standards adopted by the city. These standards shall apply
to all work in the public rights-of-way unless otherwise indicated
in the permit.
(b)
All restoration shall result in a work site condition equal to or better than the condition in which the site existed prior to construction. Restoration must be approved by the city engineer. In addition to the regulations, specifications, and standards referred to in subsection (a), the following provisions shall apply to work in the public rights-of-way of the city:
(1)
Restoration must be to the reasonable satisfaction of the city engineer
and the property owner. The restoration shall include, but not be
limited to:
(A)
Replacing all ground cover with the type of ground cover damaged
during work or better by sodding, as directed by the city;
(B)
Installation of all manholes and handholes, as required;
(C)
Backfilling of all bore pits, potholes, trenches or any other holes
which must be done within seven (7) business days after excavation
of the bore pits, potholes, trenches or other holes, unless other
safety requirements are approved by the city engineer;
(D)
Leveling of all trenches and backhoe lines;
(E)
Restoration of excavation site to city specifications;
(F)
Restoration of all landscaping trees, shrubs, ground cover, and sprinkler
systems; and
(G)
Repairing and replacing existing erosion control devices that have
been damaged or destroyed as a part of the work.
(2)
All locate flags shall be removed during the clean-up process by
the agency, network provider, or public infrastructure contractor
at the completion of the work.
(3)
Restoration must be made in a timely manner as agreed upon by the
city engineer and the agency, network provider, or public infrastructure
contractor. If restoration is not satisfactory and/or is not performed
within the agreed upon timeframe, all work in progress, except that
related to the problem, including all work previously permitted but
not complete, may be halted and a hold may be placed on any permits
not approved until all restoration is complete, or the city may complete
the work and bill the agency, network provider, or public infrastructure
contractor for the repairs performed by the city.
(Ordinance 19-017 adopted 4/2/19)
(a)
Generally.
No agency, network provider, or public infrastructure
contractor shall cause an open trench excavation or potholing of facilities
in the pavement of any public right-of-way for a period of three (3)
years from the completion of construction or resurfacing except in
compliance with the provisions of this section.
(b)
Criteria for approval.
No permit for excavation in the
right-of-way of new streets shall be approved unless the city engineer
finds that all of the following criteria have been met:
(1)
Boring or jacking without disturbing the pavement is not practical
due to physical characteristics of the street or alley or other utility
conflicts.
(2)
Alternative utility alignments that do not involve excavating the
street or alley are found to be impracticable.
(3)
The proposed excavation cannot reasonably be delayed after the three-year
deferment period has lapsed.
(c)
Exemptions for emergency operations.
Emergency maintenance
operations shall be limited to circumstances involving the preservation
of life, property, or the restoration of customer service. Agencies,
network providers, or public infrastructure contractors with prior
authorization from the city engineer to perform emergency maintenance
operations within the public rights-of-way shall be exempted from
this section. Any agency, network provider, or public infrastructure
contractor commencing operations under this section shall submit detailed
engineering plans, construction methods, and remediation plans no
later than the next business day after initiating the emergency maintenance
operation.
(Ordinance 19-017 adopted 4/2/19)
(a)
In the exercise of governmental functions, the city has first priority
over all other uses of the public rights-of-way. The city reserves
the right to lay sewer, water, and other pipelines or cables and conduits,
and to do underground and overhead work, and attachments, restructuring,
or changes. in aerial facilities in, across, along, over, or under
a public street, alley, or public rights-of-way occupied by an agency,
network provider, or public infrastructure contractor, and to change
the curb, sidewalks, or the grade of streets.
(b)
The agency, network provider, or public infrastructure contractor
must relocate its facilities at its own expense in a timely manner
and prior to the start of construction of a city project. Failure
to comply with this provision shall subject the agency, network provider,
or public infrastructure contractor to the enforcement provisions
contained herein.
(c)
A permit will be required when making facility adjustments in preparation for city projects, unless the adjustments are exempt under section 14.03.198(b).
(d)
If the agency, network provider or public infrastructure contractor
fails to remove or relocate its facilities as requested within ninety
(90) calendar days of receipt of the request, then the city shall
be entitled to remove the facilities at the sole cost and expense
of the agency, network provider, or infrastructure contractor without
further notice. Agency or network provider shall, within thirty (30)
calendar days following issuance of invoice for the same, reimburse
the city for its reasonable expenses incurred in the removal (including,
without limitation, overhead and storage expenses) of the facilities.
A hold may be placed on any permits not approved until payment is
received.
(e)
The duty to remove and relocate at the agency, network provider,
or public infrastructure contractor’s expense is not contingent
on the availability of an alternative location acceptable for relocation.
(Ordinance 19-017 adopted 4/2/19)
(a)
If a registration is not renewed, and subject to sixty (60) calendar
days notification to the agency all facilities owned by the agency
within the city will be deemed to have been abandoned and shall become
the property of the city. The city has appropriated $0 to pay for
the cost of any removal or storage of facilities placed in the right-of-way,
as authorized under this division, and no other funds are allocated.
(b)
Any agency or network provider that intends to discontinue use of
any facilities within the public rights-of-way shall notify the city
engineer in writing of the intent to discontinue use. Such notice
shall describe the facilities for which the use is to be discontinued,
including the address and GPS coordinates of any pole, a date of discontinuance
of use, which date shall not be less than thirty (30) calendar days
from the date such notice is submitted to the city engineer. Upon
receipt of notice of discontinuance of use, the city shall have a
right of first refusal to acquire agency’s or network provider’s
facilities with the cost for such facilities to be negotiated by the
city and the agency or network provider.
(c)
Agency or network provider shall, at its sole cost and expense, promptly
disconnect, remove or relocate its facilities if ordered to do so
by the city pursuant to this division. Agency or network provider
shall reimburse city for the city’s actual costs of removal
of facilities if agency or network provider fails to promptly disconnect,
remove and relocate its facilities. Payment must be made within thirty
(30) calendar days from receipt of an invoice for the actual costs
from the city.
(d)
The city shall not issue any refunds for any amounts paid by the
agency, network provider or infrastructure contractor for facilities
or related ground equipment that have been removed.
(Ordinance 19-017 adopted 4/2/19)
