Any person violating any provisions of this division shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in a sum not to exceed $500.00, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The city may also seek civil damages or an injunction to prohibit the continued violation of this division in such amounts as are prescribed by state law.
(1999 Code, sec. 78-96)
It shall be unlawful for any person to open, excavate or bore under any street in the city without first obtaining a street excavation permit from the city.
(1999 Code, sec. 78-91)
(a) 
Street cuts.
Street cuts shall be $500.00 per cut, plus $5.00 per square foot.
(b) 
Street bores.
Street bores shall be $250.00 per bore, plus $5.00 per lineal foot.
(c) 
Exemptions.
The fees referenced in subsections (a) and (b) of this section do not apply to public utilities which have a current franchise agreement with the city or which pay franchise fees without a franchise agreement in an amount acceptable to the city; however, all other conditions as stated in this division shall apply.
(1999 Code, sec. 78-93)
Before a contractor shall engage in any work described in this division, he shall file with the city a surety bond in the penal sum of $2,500.00, and a policy of public liability insurance, which policy shall be approved by the city manager. Such policy shall be performable in the county, ensuring the public against any loss or damage that may result to any person or property caused by the negligent or wilful acts of the contractor or his agents or employees in the construction of or growing out of the construction of such work; provided, however, that the maximum amount of recovery in such policy of insurance shall not be less than the following sums for damage caused by the construction or the work: for bodily injury to one or more persons or the death of one or more persons in any one accident, $500,000.00; for the injury or destruction of property in any one accident, $200,000.00 on each property injured or destroyed by the contractor; and a total of $1,000,000.00 for each accidental destruction or injury to all of the property in any accidental destruction or injury to all of the property [sic] in any one accident. All policies of insurance 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 such contractor and the surety on the bond to give notice to the city by filing a written notice with the city of the expiration of the policy of insurance at least ten days before its expiration. The surety bond shall be payable to the city, and conditioned on the faithful performance of the rules and regulations of this division. The surety on the bond shall be a company authorized to transact business in the state. This bond shall remain in effect for a period of two years.
(1999 Code, sec. 78-94)
(a) 
Boring required; exceptions.
All utility installations crossing streets shall be made by a method of boring as approved by the city. An open street cut may be permitted, upon approval of the city manager or his designee, under the following conditions:
(1) 
The connection to existing utilities, or the repair thereof, is more efficiently accomplished with an open cut;
(2) 
Unusual grade conditions require open cuts; or
(3) 
Emergency conditions, including equipment limitations, require open cuts.
(b) 
Permit required.
Before any bore or open street cut is made, an application must be submitted to the city, including all fees and bonds. All permits will require the approval of the city manager or his designee.
(c) 
Location of utilities.
All existing utilities will be located by the respective utilities prior to construction. A notice of 48 working hours shall be required. In cases of emergency repairs, utilities will be located within two hours.
(d) 
Open cuts.
All open cut street excavations will require the following:
(1) 
All streets will be saw-cut prior to excavation.
(2) 
After excavation is complete, the following shall apply:
(A) 
The ditch will be backfilled using stabilized sand from the bottom of the pipe to 12 inches from the finished grade.
(B) 
Sand will be the wash type.
(C) 
The cement/sand mixture shall be mixed at five bags Portland cement to one yard sand ratio.
(D) 
Sand will be compacted in six-inch lifts to a compacted density of 95 percent.
(3) 
Eight inches of compacted concrete treated base (CTB) will be placed over stabilized sand.
(4) 
Four inches of hot-mix asphalt at a temperature of 380 degrees will be placed in accordance with the city technical construction standards and specifications manual. Asphalt will be compacted in two-inch lifts.
(e) 
Time restrictions.
No excavations shall be allowed within 50 feet of a city-owned utility line between the hours of 5:00 p.m. and 7:00 a.m., Monday through Thursday, and 12:00 noon on Friday to 7:00 a.m. Monday. No excavations shall be allowed on recognized city holidays unless approved by the city manager or his designee.
(1999 Code, sec. 78-92)
It shall be the responsibility of the person excavating the street to notify the fire department and police department and to install barricades, flags and any other safety measures necessary during the time of construction and until all hazards have been corrected after the completion of work. All barricades, flags and safety measures shall conform to the Texas Manual for Uniform Traffic Control Devices.
(1999 Code, sec. 78-95)