(a) 
Any person who shall make any cut or excavation in, through or under any public place or public easement or the right-of-way of any public street or alley in the city, except as specifically otherwise provided for by ordinance, shall constitute a class C misdemeanor.
(b) 
Any person who shall be found guilty of violating any provisions or requirements of this article shall upon conviction be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(2002 Code, sec. 3.1203)
(a) 
Permit required; emergency work.
It shall be unlawful for any person, firm or corporation to make any excavation or embankment in any street, avenue, alley or public easement in the city without first obtaining a written permit from the city. Provided, however, that emergency repairs or emergency replacement of existing utilities so as to prevent the interruption of necessary services, which may require excavation off of the traveled portion of streets, avenues or alleys, but within public easements or rights-of-way in the city, may be made without the prior obtaining of a written permit from the city; provided, further, that in such emergency circumstances such permits shall be immediately thereafter obtained as soon as practicable.
(b) 
Design and construction standards.
All improvements constructed, altered or maintained within the public right-of-way of streets and alleys or any public easement shall be accomplished in accordance with this article, all other applicable city ordinances and state statutes, the city's General Design Manual, Manual for the Design of the Storm Drainage System, and the Texas Manual on Uniform Traffic Control Devices.
(c) 
Consent of city required.
No person shall place, construct or erect any temporary or permanent object or structure within, upon, along or across any public street, alley, right-of-way or any public easement in the city, including the land located between the property line of a lot, tract or parcel and the adjacent curb, and, if no curb exists, then to a line ten feet (10') from the edge of the street pavement toward the property line, without the consent of the city, unless otherwise allowed by law.
(d) 
Administration of construction.
The director of public works shall administer the construction of improvements within the public right-of-way.
(e) 
Nonliability of city.
This article shall not be construed as imposing upon the city or any city official or employee any liability or responsibility for damages to any person injured by the performance of any construction or excavation work for which a permit is issued hereunder, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
(f) 
Removal of hazards.
In case any improvement has become a hazard, the city may remove such improvement and replace it with improvements that mitigate the hazard and are in compliance with this article.
(g) 
Subdivision improvements agreement.
Prior to approval and recording of the final plat or replat of any subdivision for which improvements are required by the city, there shall be a subdivision improvements agreement executed by the developer and the city, setting forth the improvements required in connection with said subdivision. Such improvements shall include street, alley, water, sewer, drainage and any other applicable public improvements. The subdivision improvements agreement shall grant a contract lien to the city upon the property contained in the subdivision securing the costs and expenses of installing and constructing the required subdivision improvements. In lieu of the requirement for a lien in the subdivision improvements agreement, the developer shall have the option of securing the estimated costs and expenses for the required subdivision improvements by a bank escrow agreement, a bank letter of credit, the deposit with the city of a bank cashier's check, a developer's subdivision bond or any other security device approved by the city council at the time of its approval and ratification of the subdivision improvements agreement.
(2002 Code, sec. 3.1201)
(a) 
Permit required.
All construction within the public right-of-way, including the opening of any street, sidewalk or other area under the custody or control of the city, is prohibited unless a permit therefor has first been obtained from the director of public works of the city as herein provided or unless the work is specifically exempt therefrom as provided in this section.
(b) 
Exemptions.
(1) 
Work done by the city or under city contract and under direction of the city is exempt from the permit fee provisions of this article, but such work must be done in compliance with all of the other provisions of this article.
(2) 
Work done by public utility companies operating under a current license, permit or franchise from the city or contractors for such public utility company is exempt from the permit fee provisions of this article, but such work must be done in compliance with all of the other provisions of this article.
(3) 
Work done by governmental agencies or by contractors under contract and under supervision of governmental agencies is exempt from the permit fee provisions of this article, but such work must be done in compliance with all of the other provisions of this article.
(4) 
Work done pursuant to a single-family, duplex or townhouse permit obtained under the development code is exempt from the permit requirements of this section, but any work done within the public right-of way must conform to the applicable provisions of this article.
(c) 
Permit fees; bond.
Permit fees shall be as established by the city council. Such fee, if paid by check, money order, bank draft or other negotiable instrument, shall be made payable to the city treasurer. If paid by cash, such cash shall be remitted daily to the city treasurer, who shall deposit it to the credit of the general fund. The construction bond for work in a city right-of-way shall be a $10,000.00 bond amount, or a $2,000.00 bond amount where work is not to exceed $2,000.00 in value for any one permit that may be acquired for that work within the right-of-way.
(d) 
Damage restoration fee.
(1) 
All persons making a cut in the street pavement shall pay a street cut damage restoration fee. This fee shall be based on the size of the cut, recognizing that for each cut there is an "area of influence" extending 21" laterally from each edge of the cut that is damaged by the cut and the cost of the repair, according to the following formula: (Length of Cut + 3.5') x (Width of Cut + 3.5') minus (Length of Cut x Width of Cut) x Cost Per Square Foot = Damage Restoration Fee.
(2) 
Persons making cuts in the street shall have the option of repairing the "area of influence" at the same time as they repair the actual permitted cut, by following the rules prescribed by the director of public works for repair of pavement cuts; in such cases the damage restoration fee shall be reduced by 60%. It is recognized that street surfaces more than five (5) years of age have a depreciated value, and the damage restoration fee shall be reduced by 40% for cuts in street surfaces greater than five (5) years old. The calculation of the reduced damage restoration fee shall be rounded to the nearest one-half dollar.
(3) 
The monies collected shall be placed in the general fund, designated for street preservation, and shall be used for the cost of resurfacing the streets of the city.
(2002 Code, sec. 3.1202(a))
(a) 
Application for permit.
(1) 
No permit hereunder shall be issued unless a written application as promulgated for the issuance of said permit is submitted to the director of public works, the permit to contain such information as may be required by the director of public works.
(2) 
Two (2) sets of plans or sketches must be submitted showing the extent of the proposed work and/or such other information as may be required under the circumstances by the city.
(b) 
Issuance of permit.
(1) 
The director of public works shall issue a permit hereunder, after receipt of a proper application, plans, permit fee and proper bond and insurance certificates, provided that the director of public works is convinced that the submitted plans for construction will meet all requirements of this article and other applicable city and state laws.
(2) 
Upon approval of the permit, the director of public works shall deliver to the applicant such permit with one set of plans for the proposed work indicating approval thereon, any revisions required in the proposed work and grades and/or benchmarks necessary for compliance with the city design requirements. Where there are special conditions, practical difficulties or unnecessary hardships in the way of literal enforcement of the strict letter and provisions of this article, the director of public works is hereby authorized to vary the application of any such provisions in harmony with the general purpose and intent of this article, but consistent with the public interest, safety and general welfare. Any substantial variances shall be in writing and shall be specifically noted in the permit issued by the director of public works.
(c) 
Emergency action.
In the event of any emergency in which a water or sewer main, conduit or other utility in or under any street breaks or is in such condition as to immediately endanger the property, life, health or safety of any individual, the person causing or knowing of such damage, break or condition shall immediately notify the owner of such facility of such fact, and the person owning or controlling such water or sewer main, conduit or other utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility, unless exempt under this article, shall apply for a permit not later than the end of the next succeeding day during which the director of public works office is open for business, and shall not proceed with permanent repairs without first obtaining a permit hereunder.
(d) 
Construction bond.
Before a construction permit as herein provided is issued to an applicant, a bond in the amount of ten thousand dollars ($10,000.00) shall be provided to the city. A bond of two thousand dollars ($2,000.00) will be permitted where the work to be performed by the applicant shall not exceed two thousand dollars ($2,000.00) in value for any one permit that may acquired for that work within the right-of-way. The required bond must be:
(1) 
With a good and sufficient corporate surety authorized to do business in the state;
(2) 
Duly completed on a form prescribed and furnished by the city;
(3) 
Conditioned upon the permittee's compliance and performance in accordance with the Code of Ordinances and the specifications of the city; and the bond is further conditioned that the permittee shall restore and place in a good and safe condition, as near as practical to original condition, all openings and excavations made in all streets, alleys or other public right-of-way. An annual bond may be given under these provisions which shall remain in force for a period of one year from the date of the initial permit granted hereunder, or until all work in the public right-of-way under any permit granted during the year after the date of the original permit has been completed.
Construction contractors who have provided bonds of greater amount under the terms of a contract with the city or other governmental agency are exempt from additional bond requirements under this subsection.
(e) 
Public liability insurance.
(1) 
Before work may begin under a permit issued in accordance with this section, the permittee shall file with the director of public works, and thereafter keep in full force and effect throughout the time of work, a policy or policies for comprehensive general liability insurance, issued by an insurance company authorized to do business in the state, which policy shall be performable in the county, insuring the public against any loss or damage that may result to any person or property caused by the negligent or willful acts of said permittee or his agents or employees in the construction of or growing out of the construction of said work. The maximum amount of recovery under such insurance policy shall not be less than the following sums for damages caused by the construction of said work:
(A) 
For bodily injury or death in any one occurrence and in the aggregate, three hundred thousand dollars ($300,000.00);
(B) 
For the injury or destruction of property in any one occurrence and in the aggregate, fifty thousand dollars ($50,000.00).
(2) 
All insurance policies shall contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. It shall be the duty of the permittee and the surety to give notice to the city, by filing written notice with the director of public works, of the expiration of the policy, at least ten (10) days before the expiration thereof.
(3) 
Construction contractors who have provided public liability insurance of greater amounts under the terms of a contract with the city or other governmental agency are exempt from additional requirements under this subsection.
(2002 Code, sec. 3.1202(b))
(a) 
Barricades.
When an excavation is made in any street, sidewalk or public place in the city, the person by or for whom such excavation is made shall cause a rail or other sufficient fence to be placed and fixed so as to enclose such excavation, and the dirt, ground or other material thrown into the street therefrom, and such protection shall be continued during the whole time such excavation shall be open.
(b) 
Lights.
At night, a sufficient number of marker lights shall be fixed to some part of the rail or fence required by subsection (a), or placed in some other proper manner over or near such excavation, and the dirt, gravel or other material taken from the same, to warn pedestrians and drivers of the existence of such excavation, dirt, gravel and materials and the danger therefrom. Such lights shall be kept so lighted from twilight through the whole of the night, and shall be continued every evening and night such excavation is open and until such dirt, gravel or other material has been removed.
(2002 Code, sec. 3.1202(c))
Every holder of a permit for opening shall, by himself, his agent, servant, contractor or employee, cause every excavation where openings are made to be neatly cut, thoroughly filled with approved sub-base material, tamped and resurfaced, and therefrom remove all surplus material, all such work to be subject to the inspection and approval of the director of public works.
(2002 Code, sec. 3.1202(d))
The excavation of any street, sidewalk or public place within the city or digging below the surface thereof without complying with all the provisions of this article shall, in addition to any other penalty provided by law, constitute a street obstruction subject to removal as provided in this article.
(2002 Code, sec. 3.1202(e))
Persons making excavations covered by this article shall cause the perimeter of said excavations to be spray painted according to the following schedule:
Color
Type
Blue
Water
Green
Sanitary sewer
Yellow
Natural gas, oil, steam
Red
Electric
Orange
Telephone/television
Pink
Temporary survey markings
White
Proposed excavation
(2002 Code, sec. 3.1202(f))
A condition of each and every permit issued pursuant to this article is that the applicant shall protect and save harmless the city, its agents, servants and employees from any and all liability for injuries to persons or property resulting from or caused by any activities associated with and authorized by the issuance of such permits, or the excavations resulting therefrom.
(2002 Code, sec. 3.1202(g))