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))
(a) 
Submitted by contractor.
Any contractor undertaking any work, whether of his own or under contract for any other person, and such work is within a city street and requires that a set of plans be drawn up due to the extensive and/or complex nature of the work, will be subject to the provisions set forth in this article and must file for a permit before beginning construction. Proof must also be shown that he has obtained approval by other affected agencies of the city to actually perform the work.
(1) 
A plan must be prepared by the contractor showing where work is to be performed. The plan will include a standard barricading layout showing placement of barricades, cones and informational signs used on the project. In most cases, layouts will be similar to those shown in the latter part of the manual. Deviation from the manual will be allowed only with approval of the person designated by the city or an appointed representative.
(2) 
The plan as mentioned in subsection (a)(1) of this section must be submitted a minimum of five business days prior to actual beginning of the construction work. This time period will allow the person designated by the city the opportunity to survey the construction site in an attempt to uncover any traffic problems which might develop as a result of the barricading.
(3) 
Each contractor will provide with his barricading plan a listing of all persons directly responsible for the safety on each project, to include an address or telephone listing at which such persons can be reached at any hour of the day if a hazardous condition develops.
(4) 
Construction work performed by a contractor, whether on his own or under contract for any other person, minor enough such that a set of plans need not be drawn up, will not be required to comply with the provisions of subsections (a)(1)-(3) of this section. Such work would include minor street construction, such as resurfacing, patching, striping. The contractor will be required, however, to comply with all other provisions set forth in the manual as to the construction site barricade layout and signing. In addition, the person designated by the city shall be contacted before such construction work is begun and be informed of the location and nature of construction. This work shall not be performed during the peak hour congestion periods of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., unless approved by the person designated by the city.
(b) 
City prepared construction plans.
If the work undertaken by the contractor is based on plans prepared by city, and such plans contain detour and barricading requirements, no permit shall be required by the contractor. The contractor’s acceptance of the construction project shall constitute an acknowledgement that the contractor shall perform the work required in accordance with the detour and barricading requirements of such construction plans, and that the failure to perform such work in accordance therewith shall constitute a violation of this article and be subject to the penalties provided for in this article.
(c) 
Utility contractor and public utility companies.
(1) 
Utility contractors as well as utility companies performing construction work within a street which requires that a set of plans be drawn up due to the extensive and/or complex nature of the work, will be subject to the same requirements established in subsection (a) of this section. Such work would include major street construction (street cuts, street widening, etc.), water and sewerage line laying or relocation or off-street construction which requires that a portion of the adjacent roadway be barricaded.
(2) 
Construction work performed by utility contractors or utility companies, minor enough such that a set of plans need not be drawn up, will not be subject to the same requirements established in subsection (a) of this section. Such work includes minor street construction (resurfacing, patching, striping), minor utility work (usage of manholes such that a lane must be barricaded), etc. These forces will be required, however, to comply with all other provisions set forth in the manual as to the construction site barricade layout and signing. In addition, the person designated by the city shall be contacted before such construction work is begun and be informed of the location and nature of construction. This work shall not be performed during the peak hour congestion periods of 7:00 a.m. to 9:00 a.m., and 4:00 p.m. to 6:00 p.m., unless approved by the person designated by the city.
(Code 1974, § 13-25)
(a) 
The person designated by the city may at the time of approving an application or any time after a permit is issued require:
(1) 
The use or specific location of additional barricades, signals, signs or other traffic control or safety devices or the pursuance of special traffic-control or safety procedures;
(2) 
That the work be performed only at certain hours during the day or night, or during specified days of the week;
(3) 
That only a specified area or not more than a specified number of lanes shall be blocked at the same time or at specified times of the day;
(4) 
That materials and equipment used in the work site, and dirt removed from any excavation, be located other than in the vehicle traffic lanes of such roadway; and
(5) 
That all equipment be moved from the traffic lanes and any excavation in the traffic lanes be covered or filled with materials of sufficient strength and construction to permit vehicular traffic to pass over such excavation during all or part of the peak traffic periods or at night.
(b) 
When any special requirements as set forth in subsection (a) of this section are deemed necessary by the person designated by the city in the interest of public safety and to avoid traffic congestion, such special requirements shall be endorsed on the permit and shall be a part thereof.
(Code 1974, § 13-26)
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)
(a) 
The person designated by the city shall either approve or disapprove the application in five business days after it is submitted. The person designated by the city may approve an application either as applied for or subject to special requirements, as provided in section 70-39, which special requirements shall be endorsed on the permit when issued and become a part thereof. If an application is not approved, the person designated by the city shall so notify the applicant, in writing, stating the reasons for disapproval. An applicant may, if he so desires, undertake the revision of the unapproved application and resubmit it to the person designated by the city, who shall approve, approve subject to special requirements, or disapprove the amended application within five business days.
(b) 
The person designated by the city may disapprove applications for permits under this article only for the following reasons:
(1) 
The proposed barricading, channelizing, signing, warning or other traffic-control procedures or the equipment therefor do not comply with the requirements of the manual;
(2) 
The nature of the work to be performed or its location is such that the work may, without imposing any undue hardship on the applicant, be performed without the necessity of blocking or closing the roadway;
(3) 
The work or the manner in which it is to be performed will violate a city ordinance or a state statute;
(4) 
Failure to furnish all of the information required by this article or, except for good cause shown, to file the application within the time prescribed by this article; and
(5) 
Misrepresenting or falsifying any information in the application.
(Code 1974, § 13-27)
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)