For purposes of this article, the following definitions shall
apply:
The Americans with Disabilities Act.
Any installation or maintenance on utilities above ground
within the ROW.
Best management practice.
A day when the municipal building of the City of Lubbock
is open to the public for business.
The City of Lubbock, Texas and its officers and employees.
Any type of easement that has been dedicated to the city
for city infrastructure only.
The City of Lubbock City Engineer or his or her designee.
Operations and repairs necessary to respond to a situation
that endangers life, health and safety, or property, or a situation
in which the public’s need for uninterrupted service and reestablishment
of service, if the service is interrupted and compels immediate action.
Upgrading of facilities, new service installation, and neighborhood
improvement projects are not emergency operations.
Activity that removes or otherwise disturbs soil in the ROW
at a depth of sixteen inches (16") or more, or disturbs any street
or alley pavement of any depth.
A mix of sand and Portland cement, utilizing a ratio of 1.5
sacks of cement (94 pound sacks) per cubic yard of material.
Utility projects requiring installation or repair of facilities
in the ROW deemed high profile by the city engineer that would typically
garner substantial public and/or political interest.
Such time as the street is reconstructed or the PCI (pavement
condition index) of the street has a value of less than 50.
The City of Lubbock, Engineering Minimum Design Standards
and Specifications. The minimum design standards and specifications
that are incorporated by reference into this article and the terms
and conditions of the minimum design standards and specifications
are binding upon any entity acting under any portion of this article.
In the event of any discrepancy or ambiguity between this article,
this code, or the minimum design standards and specifications, the
minimum design standards and specifications will control.
Any street or block that has been constructed, reconstructed,
or repaved by the City of Lubbock or any other owner or persons in
the preceding five (5) years.
The paved portion of the ROW that has been constructed, reconstructed,
or resurfaced with an asphalt overlay, full-depth reclamation, reconstructed
or other structural street maintenance treatment with in the last
five (5) years or a PCI of 85 or higher.
Bituminized fiber pipe made from layers of wood pulp and
pitch pressed together.
A measure of the condition of the street, on a scale of 1
to 100. The PCI is available from the pavement management office of
the city’s street maintenance department.
Portland cement concrete.
A permit issued by the city engineer to a person, partnership,
corporation, utility, ROW user or any other legal entity authorizing
construction work in the city’s ROW or other public property.
Any person, partnership, corporation, utility, ROW user or
any other legal entity that has been granted a permit for construction
work in the city’s ROW or other public property.
Utility projects requiring installation or replacement of
utility facilities in the ROW for a distance greater than one thousand
(1,000) feet in length or any size excavation with in the ROW of a
principal and minor arterial.
Utility projects requiring installation or repair of facilities
in the ROW for a distance of greater than twenty five (25) feet in
length and less than one thousand (1,000) feet in length and not in
a principal and minor arterial.
Utility projects requiring installation or repair of facilities
in the ROW for a distance of less than twenty five (25) feet in length
and not in a principal and minor arterial.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, or waterway. The term does not include a private
easement, private property, publicly owned property, or the airwaves
above the city’s right-of-way with regard to wireless telecommunications.
The type of license and permit bond that guarantees the performance
of work in a publicly owned ROW.
A franchise utility, a certified telecommunications company,
or any other privately, publicly owned utility authorized to conduct
business in order to install, construct, maintain, or repair their
facilities in the city right-of-way. The term “ROW user”
shall also include any contractor or other agent or person engaged
by a ROW user to work on facilities located in city’s right-of-way.
The granting of a permit to a contractor or agent of a ROW user shall
be deemed to be the granting of a permit to the ROW user for purposes
of this article.
A service line that is a privately owned (typically) four
(4) inch diameter underground gravity pipe that extends from the city’s
municipal sewer main to the residential/commercial/industrial structure
receiving service. The service line conveys the wastewater generated
by customers to the municipal wastewater collection system.
A municipally owned and maintained six (6) inch or greater
underground gravity pipeline located within public ROW or easement
that collects wastewater from sewer service lines via sewer taps and
conveys wastewater toward sewer trunk lines and interceptors.
The paved portion of the street ROW that has a PCI of eighty-six
(86) or above.
Use of the ROW for less than one (1) hour.
The Texas Manual on Uniform Traffic-Control Devices, latest
edition.
The planning and installation of all signs, signals, markings,
and other devices used to regulate, warn, or guide traffic placed
on, over, or adjacent to a street, highway, pedestrian facility, bikeway,
or private road open to public travel. The purpose of which is to
promote roadway safety and efficiency by providing for the orderly
movement of all road users on streets, highways, bikeways, and private
roads open to public travel.
The type of subsurface construction work, utilizing various
methods, materials, and equipment for the installation of underground
infrastructure with minimal disruption to surface traffic, business,
and other activities.
Any privately or publicly owned entity which uses public
ROW to furnish the public any general public service, including, without
limitation, sanitary sewer, storm sewer, gas, electricity, water,
telephone, telecommunications, petroleum products, telegraph, heat,
steam or chilled water, together with the equipment, structures, and
appurtenances belonging to such entity and located within the ROW.
Marking an excavation site with washable marking paint or
flags prior to requesting a utility locate in order to further identify
the site.
(Ordinance 2021-O0171 adopted 12/14/2021)
The city acknowledges the need to upgrade, maintain, replace,
and install new utilities. The city also recognizes the disruptive
impact these excavations have on the neighborhoods and traveling public.
These rules and regulations are designed to balance these competing
needs, and to preserve and maintain the public health, safety, welfare,
and conveniences.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a)
Any person who violates any provisions of this article shall be guilty of a misdemeanor in accordance with section 1.01.004 of the Code of Ordinances and upon conviction shall be subject to a fine not to exceed the amount specified by state law for such offenses. Each day of such violation shall constitute a separate offense.
(b)
Further, any person or entity who by their negligent acts, omissions,
or violation of this article cause the City of Lubbock any expenditures
for staff time, use of city equipment, or use of city materials in
response to said acts, omissions, or violation, shall be responsible
to the city for any and all costs for resources expended. Upon receipt
of the notice of fees due, that person or entity shall remit to the
City of Lubbock all fees within 30 days. No permit shall be issued
for any person or entity with an outstanding fee balance owed to the
city.
(Ordinance 2021-O0171 adopted 12/14/2021; Ordinance
2022-O0139 adopted 9/27/2022)
