The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Contractor
means any person, and the agents, representatives or employees
thereof, performing any work upon, in, under, above or about any streets
and alleys or public rights-of-way.
Detour
means an alternate route in which vehicular traffic is directed
around a street which is closed.
Emergency
means an unforeseen combination of circumstances, or the
resulting state, that calls for immediate action.
Manual
means the Texas Manual on Uniform Traffic-control Devices,
latest revision.
Permit
means written approval from the person designated by the
city or his authorized representative.
Person designated by the city
means the employee of the city designated by the city manager
or city council to uphold the provisions of this article, or his authorized
representative.
Public right-of-way
means any public street, highway, roadway, alley or sidewalk
within the city.
Shall, should or may.
The word “shall” is a mandatory condition; the
word “should” is an advisory condition to ensure safe
operation conditions; and the word “may” is a permissive
condition.
Street
means a traveled way for vehicular or pedestrian traffic,
whether designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, sidewalk, or however otherwise
designated, within the city.
(1)
Major thoroughfares or arterial streets
means principal traffic arteries more or less continuous
across the city which are intended to connect remote parts of the
city and which are used primarily for fast or heavy volume traffic
and shall include, but not be limited to, each street designated as
a major street on the thoroughfare plan.
(2)
Collector streets
means those streets which carry traffic from minor streets
to the major system of streets and highways, including the principal
entrance streets of a residential development and streets for circulation
within such a development.
(3)
Minor streets
means those streets which are used primarily for access to
abutting residential properties which are intended to serve traffic
within a limited residential district.
(4)
Alleys
means minor traveled ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
(Code 1974, § 13-21)
Any person who undertakes to perform any work upon, in, under,
above or about any public street, highway, roadway, alley or sidewalk,
in this article collectively called public right-of-way, which requires
that the street be partially or completely closed for construction
and/or maintenance operation, which work shall require excavation
within or occupancy of the whole or a portion of the width of any
such public right-of-way by equipment, materials, debris or workers
shall use barricades, signals, flags, flares, and all other traffic-control
and warning devices and procedures about the work area during the
duration of the work within the public right-of-way of the type and
in the manner required by the uniform barricading standards adopted
in this article.
(Code 1974, § 13-22(a))
The requirements set out in this article are to be used for
all planned construction projects. In the event of an emergency type
situation, notification of work to be done can be made by telephone
directly to the person designated by the city, thereby bypassing the
requirements mentioned in this article. Under these conditions, the
contractor or agency will still be required to follow the basic barricading
standards as outlined in the manual.
(Code 1974, § 13-30)
Any person violating the terms and provisions of this article shall be deemed guilty of a misdemeanor and shall be punished as provided in section
1-12 of this Code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies. section
1-12.
(Code 1974, § 13-31; Ordinance 1077, § XXII, 5-12-92)
Any person who undertakes to perform any work upon, in, under, above or about any public right-of-way shall be required to obtain a permit from the person designated by the city if the specifications stated in section
70-38 are applicable, with the exception of the state department of highways and public transportation conducting work on any state designated system. In such cases, no permit is required. The permit must be acquired before construction is begun. The purpose of the permit is to ensure that ample consideration has been given to the effect of such construction work on the flow of traffic.
(Code 1974, § 13-22(b))
It shall be the responsibility of the permit holder to provide,
erect, place and maintain all warning signs, traffic-control devices
and barricades required by the person designated by the city or the
Texas Manual on Uniform Traffic-control Devices, referred to in this
article as “manual,” a copy of which is attached to the
ordinance from which this article derives and incorporated in this
article for all purposes just as if such manual were now set forth
in full. All such signs, devices and barricades should be in good
condition, clean and legible and shall be of the type required by
the manual. When additional regulatory signs are deemed necessary
by the person designated by the city, such signing will be installed
as directed by the person designated by the city, along with such
regulatory signs as are required to be provided by the city as required
by the manual.
(Code 1974, § 13-22(c))
When a permit is required, the permit application shall, unless
otherwise authorized by the person designated by the city for good
cause shown, be filed with the person designated by the city at least
two days prior to the day the applicant seeks to first close or block
any part of the roadway and shall contain the following information:
(1) The
name, telephone number, local address and principal place of business
of the applicant;
(2) The
name and day and night telephone number of the engineer, foreman or
other person who will be in charge of the construction or repairs
for which the application is requested;
(3) The
times of the day and total number of calendar days the applicant seeks
to block the roadway;
(4) A statement
signed by the applicant, or a person authorized to bind the applicant,
that the applicant will indemnify and forever hold the city harmless
against each and every claim, demand or cause of action that may be
made or come against it by reason of or in any way arising out of
the closing or blocking of the roadway by the applicant under a permit
from the city, if such permit is granted;
(5) A standard
barricading layout showing placement of barricades, cones and informational
signs used on the project;
(6) An explanation
as to the nature or type of work that is to be performed along with
its location; and
(7) Any
other information deemed necessary by the person designated by the
city.
(Code 1974, § 13-23)
Any and all persons obtaining a permit from the city shall pay a fee, per permit, as set forth in chapter
30. Should more than one location be involved, a separate permit and fee shall be obtained for each location.
(Code 1974, § 13-24)
The person designated by the city may revoke a permit issued
under this article if any of the permit holder’s barricading,
signing, channelizing, warning or other traffic-control procedures,
or the equipment at the work site, do not comply with the requirements
of the manual, or with any special requirements imposed by the person
designated by the city. The permit holder, or the person named as
responsible for or in charge of the work in the permit, shall first
be notified of the failure or defect and be given a reasonable time,
such length of time to be determined by the person designated by the
city and not to exceed 24 hours, to correct such failure or defect
before such permit is revoked. If a permit issued under this article
is revoked, it shall be unlawful to continue to block the roadway,
except to restore the site to its proper condition as required in
this article.
(Code 1974, § 13-28)
If a permit is revoked, the permit holder shall immediately
commence operations to restore the work area within the roadway to
its proper condition, such work to be completed within 24 hours. In
addition, except as required to restore the work area to its proper
condition, the permit holder shall remove all equipment, workers,
materials and debris from the roadway. If such restoration is not
done, the city shall be authorized, at its election, to take charge
of the work and restore the premises to its proper conditions and
shall be entitled to recover from the permit holder by civil action
the actual expenses incurred for the materials, overhead, rental of
any equipment used by the city in restoring the site, and attorney’s
fees, and for such purposes, the city shall have a right of action
against any bonds in effect running from the holder of the permit
to the city, conditioned upon compliance with the ordinances of the
city in the performance of such work.
(Code 1974, § 13-29)