In this division:
City council.
The city council of the city.
Detour.
An alternate route used when the direct or regular route is closed to traffic, and which is clearly marked by signs directing traffic around the obstruction.
Director of finance.
The director of finance of the city or the director’s designated representative.
Emergency condition.
A situation that could not be reasonably anticipated, and:
(1) 
Where customer service has been interrupted; or
(2) 
Imminent harm to property or persons exists if repair is not immediately commenced.
Excavation permit.
The document giving consent to construct, install, repair, relocate or remove particular facilities within the right-of-way or easement of the city.
Facilities.
The plant, equipment, and property, including but not limited to lines, poles, mains, pipes, conduits, ducts, cables, and wires, located under, on, or above the surface of the ground within the right-of-way or easement of the city, and valves and related facilities and equipment used or useful for the providing of utility services.
Incidental in nature.
That work which can be completed, consistent with applicable federal or state laws or regulations, without:
(1) 
Obstructing the flow of vehicular traffic on a street, alley, or sidewalk;
(2) 
The open cutting of a paved area or right-of-way of a city street or easement; or
(3) 
Underground boring or jacking within the paved area or the right-of-way of a city street or easement.
Manager.
The utility manager of the city or the person designated by the city manager.
Person.
A natural person, corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, or other such entity.
Registration.
The document giving consent to own and operate facilities within the right-of-way.
Right-of-way.
The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.
Utility provider.
A business that offers a public utility service, including but not limited to gas, electricity, cable, or telecommunications services.
(Ordinance 2008-08, sec. 1, adopted 4/15/08)
(a) 
This division governs the location, placement, installation, repair, maintenance and removal of all utility facilities within the right-of-way or easements of the city.
(b) 
Any utility provider with a current, unexpired franchise, agreement or other authorization from the city to use the right-of-way that is in effect at the time this division takes effect shall continue to operate under and comply with that grant until (i) the grant expires, or (ii) it is terminated by mutual agreement. Any renewal of a franchise, agreement or other authorization from the city to use the right-of-way will be governed by the terms of this division as well as the terms of the renewed agreement. In the event of any conflict between this division and an ordinance granting a franchise, the ordinance granting the franchise will control.
(Ordinance 2008-08, sec. 2, adopted 4/15/08)
The purpose of this division is to:
(1) 
Assist in the management of facilities placed in, on or over the public rights-of-way and easements in order to minimize the congestion, inconvenience, visual impact and other adverse effects, and the costs to the citizens resulting from the placement of facilities within the public right-of-way and easements;
(2) 
Govern the use and occupancy of the public right-of-way and easements;
(3) 
Assist the city in its efforts to protect the public health, safety and welfare;
(4) 
Conserve the limited physical capacity of the public right-of-way and easements held in public trust by the city;
(5) 
Preserve the physical integrity of the streets and highways;
(6) 
Control the orderly flow of vehicles and pedestrians;
(7) 
Keep track of the different entities using the right-of-way and easements to prevent interference between them; and
(8) 
Protect the safety, security, appearance, and condition of the right-of-way and easements.
(Ordinance 2008-08, sec. 3, adopted 4/15/08)
A person commits an offense if the person owns or operates facilities within the right-of-way or easements within the city without first having obtained a registration from the city or having a contract or franchise with the city to operate facilities within the right-of-way or easements.
(Ordinance 2008-08, sec. 4, adopted 4/15/08)
(a) 
To obtain registration, a person must submit an application on a form provided by the manager. The applicant must be the person who will own the facilities.
(b) 
The applicant for a registration shall furnish the city the following information, which shall be subscribed and sworn to before a notary public:
(1) 
Name and address of the applicant.
(2) 
The trade name under which the applicant does or proposes to do business.
(3) 
The name, address and telephone number of the person who will be the contact person for the user.
(4) 
The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way or easements on behalf of the applicant.
(5) 
The name(s) and telephone number of an emergency contact who shall be available 24 hours a day.
(6) 
Proof of insurance as follows:
(A) 
Worker’s compensation insurance meeting applicable statutory requirements and employer’s liability insurance with minimum limits of five hundred thousand dollars ($500,000.00) for each accident.
(B) 
Commercial general liability insurance with minimum limits of five million dollars ($5,000,000.00) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide contractual liability insurance for all written contracts and shall include coverage for products and completed operations liability; independent contractor’s liability; and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage.
(C) 
Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by the applicant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of two million dollars ($2,000,000.00) as the combined single limit for each occurrence for bodily injury and property damage.
(D) 
In addition to the above requirements, the insurance required under this section shall:
(i) 
Be written with the city as an additional insured, except on worker’s compensation, automobile liability and employer’s liability insurance, using an endorsement Form CG 20 26 or broader;
(ii) 
Provide for 30 days’ notice of cancellation to the city, for nonpayment of premium, material change, or any other cause;
(iii) 
Be written through companies duly authorized to transact that class of insurance in the State of Texas. Insurance is to be placed with insurers with a Best Rating of no less than A-:VII;
(iv) 
Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the city, it being the intention that the required insurance policies shall protect the city, its officers, and employees and be primary coverage for all losses covered by the policies.
(E) 
The policy clause “Other Insurance” shall not apply to the city if the city is an additional insured under the policy.
(F) 
For purposes of this section, the city will accept a self-insurance program of the public service provider if approved in advance by the city and:
(i) 
Provides the equivalent coverage as required herein if the public service provider demonstrates by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the city; or
(ii) 
In the case of a cable service provider who holds a state-issued certificate of authority and is self-insured under the provisions of state law, such self-insurance program provides the same defense and claims processing as required by this section.
(G) 
A certificate of insurance providing proof of coverage shall be provided to the manager with the registration form.
(H) 
If a public service provider is subject to statutory limitations for damages resulting from liability less than the minimum coverages provided in subsection (1) [(b)(6)] hereof, the public service provider shall not be required to provide proof of insurance coverages in excess of the statutory requirements.
(7) 
Proof of bonding as follows:
(A) 
Each year, not later than February 1, a public service provider shall, without cost to the city, provide a maintenance bond for the construction work anticipated to be performed in the public rights-of-way or easements in the upcoming year. The maintenance bond shall guarantee the work for two years from the date of its completion and shall be in the amount of 100 percent of the cost of the construction work, including the cost of the restoration of the public right-of-way, to be performed in the upcoming year. Each bond shall be executed by a surety company authorized to do business in the State of Texas and acceptable to the city. At the option of the service provider, maintenance bonds may be provided for each project.
(B) 
A public service provider that has assets in excess of $20,000,000.00 may annually submit a written request for a waiver from the bonding requirements. The request for a waiver shall be filed not later than the November 1 before the calendar year for which the waiver is sought.
(C) 
The request shall set forth in detail the basis for the request, including but not limited to:
(i) 
The public service provider’s performance history in the city;
(ii) 
Documentation, in a form acceptable to the city, that demonstrates that the public service provider has assets in excess of $20,000,000.00; and
(iii) 
Documentation, in a form acceptable to the city, that demonstrates that the public service provider has assets or reserves sufficient to cover the amount of the bonds.
(D) 
Within 30 business days of receipt of a written request for a waiver, the manager, with good cause, may grant a waiver to the bonding requirements. In making this decision, the manager shall take into account, among other things:
(i) 
The public service provider’s record of performance in the city’s rights-of-way or easements;
(ii) 
The public service provider’s record of compliance with this division;
(iii) 
A showing of financial responsibility by the public service provider to complete the proposed project; and
(iv) 
Any other factors deemed relevant to management of the city’s rights-of-way or easements.
(E) 
A bond may not be required from a cable service except that a bond as provided for herein may be required of a provider that cannot demonstrate a record of at least four years’ performance of work in any municipal public right-of-way and easements free of currently unsatisfied claims by a municipality for damage to the right-of-way.
(8) 
The requirements for insurance may be satisfied by public service providers with a current franchise or license or other agreement if their current franchise or license adequately provides for insurance coverage which will afford equivalent protection for the city. The requirements for bonds may be satisfied by public service providers with a current franchise, interlocal or license agreement if the agreement adequately provides for bonds.
(9) 
A copy of the applicant’s traffic-control plan, trench safety plan/system for excavations exceeding 5 feet in depth and policy for work performed within the right-of-way or easements.
(10) 
A statement that the applicant agrees to provide copies of any notice of claim for the applicant’s activities within the city to the city within thirty days of the applicant’s receipt of same.
(11) 
Such other information as the manager may determine is reasonably necessary.
(Ordinance 2008-08, sec. 5, adopted 4/15/08)
The manager shall issue a registration to the applicant if the manager, after review of the application, determines that the applicant:
(1) 
Has complied with all requirements for issuance of the registration; and
(2) 
Has not made a false or inaccurate statement as to a material matter on the application for registration;
(3) 
Has in effect an existing franchise or agreement with the city; or [sic]
(Ordinance 2008-08, sec. 6, adopted 4/15/08)
Except for those registrants who have in effect an existing franchise or agreement with the city or where prohibited by state law, each registration holder shall pay to the city a fee for the use of the right-of-way or easements in an amount as established by the city council in accordance with applicable city charter provisions, franchise provisions, or the provisions of Texas Local Government Code chapter 283.
(Ordinance 2008-08, sec. 8, adopted 4/15/08)
The manager shall revoke a registration if the manager determines that the registration holder has:
(1) 
Given false or inaccurate information on the application for registration or in a hearing concerning the registration;
(2) 
Refused to cooperate in the redress of grievances submitted to the registration holder in writing by the city or the registration holder’s customers;
(3) 
Violated the provisions of this division, or, if the registration holder has a franchise with the city, violated the terms of the franchise; or
(4) 
Failed to pay any fees owed the city as a result of work performed in the right-of-way or easements.
(Ordinance 2008-08, sec. 9, adopted 4/15/08)
If the manager denies or revokes a right-of-way registration, the city shall give notice by personal service or by certified mail, return receipt requested, to the applicant or registration holder. The applicant or registration holder may appeal the decision to deny or revoke by filing written notice with the city manager, within five days after receipt of notice. The city manager shall mail, or cause to be personally delivered, written notice of the time and place of the hearing to the person appealing. The notice shall be mailed to the address specified in the notice of appeal form. The city manager shall conduct a hearing and shall make a decision on the basis of a preponderance of the evidence presented at the hearing. The decision of the city manager shall be final.
(Ordinance 2008-08, sec. 10, adopted 4/15/08)
(a) 
A utility provider which has facilities in the right-of-way or easements, existing as of the effective date of adoption of this division, and has not provided the city “plans of record” plans shall provide such information to the manager not later than one year after the effective date of this division in the format specified by the manager and with as much detail and accuracy as required by the manager. The registration holder shall submit “plans of record” in digital format (AutoCAD) as well as written or in any other format requested by the manager. The registration holder is not required to include in the submission matters such as capacity of lines, customers, or details which it demonstrates, to the reasonable satisfaction of the manager, to be confidential information or a breach of security, so long as the plans show the location and physical dimensions of the facilities.
(b) 
For facilities constructed after the effective date of this division, a registration holder shall provide the manager with “plans of record” within 90 days of completion of facilities in the right-of-way or easements in accordance with the Texas Engineering Practice Act. The plans shall be provided to the city in a format prescribed by the city, and in accordance with the provisions of subsection (a).
(c) 
The manager, for good cause, may waive all, or portions of, the requirements of subsections (a) and (b). Determination of good cause shall include an assessment of (i) the utility provider’s ability to feasibly and economically remove customer specific, proprietary or confidential information from its plans and (ii) the utility provider’s standard business practice relative to the preparation of construction and plans of record. The manager may impose conditions on the waiver. The manager may reassess waivers from time to time to determine whether the utility provider’s ability to provide plans of record has changed.
(Ordinance 2008-08, sec. 11, adopted 4/15/08)
(a) 
A registration holder or its contractor may trim trees in or over the rights-of-way or easements, for the safe and reliable operation, use and maintenance of its facilities. All tree trimming in rights-of-way and easements shall be performed in accordance with guidelines established by the National Arborist Association and International Society of Arboriculture. In an emergency, when reasonably necessary to protect public health or safety or to prevent an imminent interruption of service, the registration holder may remove trees. The registration holder shall make reasonable efforts to contact affected property owners prior to necessary tree trimming operations with standards promulgated by the city. The registration holder shall remove the trimmings within forty-eight (48) hours following routine maintenance unless a longer period is required for extraordinary conditions and conditions beyond the control of the registration holder. If the registration holder fails to remove all debris resulting from trimming trees or other vegetation, the city may notify the registration holder of such failure. If the registration holder fails to remove such debris within twenty-four hours from receipt of notice from the city, the city may remove the trimmings, and the registration holder shall reimburse the city for all costs incurred within 30 days of receipt of an invoice from the city.
(b) 
A registration holder shall temporarily remove, raise or lower its aerial facilities to permit the moving of houses or other bulky structures, if the city first gives written notice of not less than five days. The expense of the temporary rearrangements shall be paid by the party requesting and benefiting from the temporary rearrangement. The registration holder may require prepayment or the posting of a bond from the party requesting the temporary rearrangement.
(Ordinance 2008-08, sec. 12, adopted 4/15/08)
A person commits an offense if the person places or causes to be placed any facilities within the right-of-way or easements in any other manner than specified in this division.
(Ordinance 2008-08, sec. 13, adopted 4/15/08)
(a) 
A person shall obtain a utility construction permit prior to performing any excavation, construction, relocation, removal, installation, repair, or maintenance of facilities within the right-of-way. Prior to obtaining a permit, the person must be registered with the city. An excavation permit is required for construction on new, replacement or upgrading of a utility provider’s network in the right-of-way, either aerial or underground.
(b) 
The following work undertaken by a person does not require an excavation permit:
(1) 
Work that is incidental in nature;
(2) 
Work required by emergency conditions, if the registration holder complies with subsection (c) hereof;
(3) 
Work that obstructs the flow of vehicular traffic on a street, alley, or sidewalk for less than four hours, if the person has complied with the following requirements:
(A) 
The registration holder has submitted a traffic-control plan to the manager in a form approved by the manager;
(B) 
The manager has approved the traffic-control plan;
(C) 
The work is performed in compliance with the traffic-control plan; and
(D) 
Unless the work is performed under emergency conditions, the person has given the manager twenty-four (24) hours’ advance notice, via facsimile transmission or electronic mail, that construction is ready to proceed.; or
(4) 
Work performed to initiate service to an individual customer’s property as long as the requirements of subsection (3) are met, if applicable.
(c) 
When performing work required by emergency conditions, the registration holder shall notify the city’s police dispatcher, as promptly as possible, and the dispatcher shall notify the manager, or, if after normal business hours, the public works department’s on-call crew. The manager shall determine if any city employee shall be required to be present for on-site inspection during emergency repairs. A registration holder who performs the emergency work shall submit to the city, as soon as practicable, a reasonably detailed description of the work performed in the right-of-way and an updated map of the facilities that were relocated, if any.
(Ordinance 2008-08, sec. 14, adopted 4/15/08)
(a) 
The person requesting an excavation permit will provide the manager with the following documentation in the format specified by the manager:
(1) 
The proposed approximate location and route of all facilities to be constructed or installed and the applicant’s plan for right-of-way or easement construction.
(2) 
Two sets of engineering plans, on a scale of one inch (1") equals fifty feet (50') or one inch (1") equals 100 feet unless otherwise approved by the public works department, showing all existing utilities on plans and profiles with sufficient detail to evaluate potential utility conflicts, including a copy of the applicant’s traffic-control plan, trench safety plan/system for excavations exceeding 5 feet in depth, a copy of the stormwater pollution prevention plan with the notice of intent (NOI) or construction site notice (CSN) if required by local, state or federal law or authority, drainage plan if work is expected to alter drainage conditions, plan for restoration of area, and detailed construction plan for all work to be performed within the right-of-way or easements in accordance with the Texas Engineering Practice Act.
(3) 
Description of the location of all right-of-way and utility easements which the applicant plans to use.
(4) 
Detail of the facilities the applicant proposes to install, such as pipe size, number of interducts, valves, etc., depicted on recent (performed less than 6 months back) survey maps performed in the field.
(5) 
Detail of all existing city and other existing utilities in relationship to the applicant’s proposed route.
(6) 
Detail of plans to remove and replace asphalt or concrete in the street, using city standards and specifications.
(7) 
Drawings of any bores, trenches, handholes, manholes, switchgear, transformers, pedestals, etc., including depth.
(8) 
Handhole and/or manhole typical of type of manholes and/or handholes applicant plans to use or access.
(9) 
Complete legend of drawings, which may be provided by reference documents previously submitted to the city.
(10) 
The name, address and telephone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of a representative of the contractor who will be available at all times during construction.
(11) 
A statement that proof of insurance, bond or other required financial information as required by section 3.12.105 of this division is current and on file with the city.
(12) 
The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the estimated dates and times work will occur, all of which are subject to the reasonable approval of the manager.
(13) 
A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the city.
(14) 
Verification that the applicant has a valid right-of-way registration from the city.
(15) 
Evidence that all other utility providers in the area have been given notice of the excavation prior to beginning excavation.
(16) 
Project site documentation in the form of a videotape in VHS format, DVD recording or photographs of the project site before commencement of the work. The video or photographs shall show fences, driveways, landscaping, roadways, sidewalks, mailboxes, and other improvements along the length of the project to be followed up with post-construction photographs within one month of completion of work. The manager, for good cause, may waive all, or portions of, this requirement. Determination of good cause shall include an assessment of the size and scope of the project. The manager may impose conditions on the waiver. The manager may reassess waivers from time to time to determine whether good cause for the waiver remains.
(b) 
An applicant shall submit an application for an excavation permit at least 2 working days before the commencement of work proposed in the application, unless waived by the manager.
(c) 
The manager may, for good cause, waive all, or portions of the requirement of subsection (13) [(a)]. Determination of good cause shall include an assessment of (i) the utility provider’s ability to feasibly and economically remove customer specific, proprietary or confidential information from its plans, (ii) the utility provider’s standard business practice relative to such permits or approvals and (iii) the availability of information necessary completion of the permit [sic]. The manager may impose conditions on the waiver. The manager may reassess waivers from time to time to determine whether the utility provider’s ability to provide permits or approvals has changed.
(d) 
The manager may require a pre-construction meeting with the permit holder and its construction contractor.
(Ordinance 2008-08, sec. 15, adopted 4/15/08)
(a) 
The manager shall promptly (in most cases within two business days), process each valid and administratively complete application and shall issue or deny an excavation permit, provided that the applicant is otherwise in compliance with the provisions of this division.
(b) 
The excavation permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other condition set out by the manager.
(c) 
The excavation permit shall be completed and signed by an authorized representative of the owner of the facilities to be constructed.
(d) 
The permit holder shall:
(1) 
Maintain a copy of the excavation permit and approved engineering plans at the construction site, including the trench safety, traffic, stormwater pollution prevention plan if required by local, state or federal law or authority, and drainage plans, available for inspection by the manager at all times when construction or installation work is occurring;
(2) 
Complete all construction work authorized by the excavation permit in the time specified in the excavation permit, unless the permit holder has obtained an extension from the manager; and
(3) 
Provide the manager access to the work and to such further information he or she may reasonably require to ensure compliance with the excavation permit.
(Ordinance 2008-08, sec. 16, adopted 4/15/08)
The manager shall revoke an excavation permit if the manager determines that the permit holder has:
(1) 
Given false or inaccurate information on the application for an excavation permit or in a hearing concerning the excavation permit; or
(2) 
Violated the provisions of this division.
(Ordinance 2008-08, sec. 17, adopted 4/15/08)
If the manager denies or revokes an excavation permit, the city shall give notice by personal service or by certified mail, return receipt requested, to the applicant or permit holder. The applicant or registration holder may appeal the decision to deny or revoke by filing written notice with the city manager, within five days after receipt of notice. The city manager shall mail, or cause to be personally delivered, written notice of the time and place of the hearing to the person appealing. The notice shall be mailed to the address specified in the notice of appeal form. The city manager shall conduct a hearing and shall make a decision on the basis of a preponderance of the evidence presented at the hearing. The decision of the city manager shall be final.
(Ordinance 2008-08, sec. 18, adopted 4/15/08)
(a) 
An applicant for an excavation permit or its contractor shall notify a notification center established pursuant to Texas Utilities Code chapter 251, prior to conducting any work in the right-of-way or easements such as excavating, drilling, underground boring, jacking, or open cutting.
(b) 
A permit holder shall provide the manager with the following information not less than 48 hours before beginning work under the excavation permit:
(1) 
The reference number received from the notification center;
(2) 
When possible, the exact dates and time work will be performed under the excavation permit. If the exact dates and time when work will be performed are unknown, the applicant shall provide its best estimate of the dates and time the work will be performed under the permit. If the work is not performed within forty-eight hours of the date and time provided, the permit holder will immediately inform the manager and provide updated information to the manager in writing; and
(3) 
The name, address and telephone number of the person who will perform the work, including a representative who will be available at all times during construction.
(c) 
The notice of work must be in writing and may be sent by facsimile transmission.
(Ordinance 2008-08, sec. 19, adopted 4/15/08)
(a) 
All facilities constructed within the right-of-way after the effective date of this division shall:
(1) 
Where applicable, conform to the most current city design standards (standard details of construction), which provide a guideline for right-of-way/easement use, and all codes and ordinances in effect at the time of submittal of the application;
(2) 
Be installed in accordance with plans and at locations within the right-of-way approved by the city;
(3) 
Be installed or constructed so as not to unreasonably interfere with:
(A) 
Traffic over city streets;
(B) 
The health, safety or welfare of the owners of property adjoining the right-of-way: or
(C) 
The operation of other facilities or equipment situated within the right-of-way, whether owned or maintained by the city or other utility providers; and
(4) 
Be situated so as to minimize the space used.
(b) 
To the extent permitted by law, the manager may require the location of facilities underground.
(Ordinance 2008-08, sec. 20, adopted 4/15/08)
(a) 
In performing the work covered by the excavation permit, the permit holder shall:
(1) 
Notify all citizens whose property abuts the right-of-way or easement where the work is to be done at least 48 hours in advance, and comply with trench and all site safety requirements adopted by federal, state, and local law for the safety of on-site workers and the public;
(2) 
Follow the appropriate national safety code, as applicable, regarding design and construction procedures, and pothole to verify the locations and size of existing utilities or subsurface conditions;
(3) 
Compact the backfillings to a density of 95% standard proctor density which meets the North Central Texas Council of Government specifications, as adopted by the city;
(4) 
Unless otherwise provided by state or federal law, install new facilities at a minimum depth approved by the manager which meets the North Central Texas Council of Government specifications;
(5) 
Ensure that the portion of the right-of-way in which repair work is conducted is, at all times and to the extent practicable, kept free of accumulating water, and runoff is filtered with silt fences or other appropriate erosion and sedimentation control systems;
(6) 
Promptly remove from the right-of-way all earth, gravel, stone or other material excavated from the area of such repair work which is not needed for fill material at that location, and prevent erosion of this material and downstream sedimentation during rainstorms;
(7) 
Erect and maintain information signs of a size of three feet by three feet which state the identity of the person doing the work and telephone number and the permit holder’s identity and telephone number at the location where construction is to occur in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring;
(8) 
Notify the manager immediately of any damage to other facilities, either city or privately owned;
(9) 
Ensure that newly installed facilities will not interfere with other facilities, in particular gravity dependent facilities;
(10) 
Comply with city, state and federal guidelines for stormwater management erosion control; and
(11) 
Submit to the manager a stormwater pollution prevention plan (SWPPP) with the notice of intent (NOI) that has been submitted to the Environmental Protection Agency or state commission on environmental quality (TCEQ) or submit a copy of a letter to the EPA stating that the permit holder is not required to obtain such approval referencing pertinent EPA/TCEQ regulations. Provide a copy of the notice of termination (NOT) submitted to the Environmental Protection Agency or TCEQ as soon as site restoration is complete.
(b) 
In performing work on facilities within the right-of-way, a permit holder shall not:
(1) 
Unreasonably interfere with the operation of other facilities or equipment situated within the right-of-way or easements, whether owned or maintained by the city or other utility providers;
(2) 
Use dynamite or other explosives during the excavation without the prior written approval of the manager; or
(3) 
Remove locate flags from a location while facilities are being constructed.
(c) 
Notwithstanding the relationship between a permit holder and its contractors, a permit holder is responsible for the workmanship and any damages by a contractor or subcontractor. A responsible representative of the permit holder shall be available to the public works department at all times during construction.
(d) 
Except in an emergency, the working hours in the rights-of-way are 8:00 a.m. to 6:00 p.m., Monday through Friday. Work that needs to be performed after 6:00 p.m. Monday through Friday or during the weekends (Saturday and Sunday) must be approved in advance. Any work performed outside these times must be requested at least 7 days in advance for approval by the manager. Directional boring is permitted only Monday through Friday 8:00 a.m. to 6:00 p.m., unless approved in advance. No work will be done, except for emergencies, on city holidays.
(e) 
A permit holder is responsible for:
(1) 
Physically verifying the location, both horizontal and vertical, of all affected facilities, prior to any excavation or boring, with the exception of work involving only lane closures; and
(2) 
Obtaining line locaters from all affected utilities prior to any excavation and potholing the area of work to eliminate uncertainties related to below-ground utilities. Use of the Geographic Information System or the plans of record does not satisfy this requirement.
(f) 
The manager must approve in advance the placement of all manholes and/or handholes. Handholes or manholes shall not be located in sidewalks, unless approved by the manager.
(g) 
A permit holder must bore all concrete driveways and streets rather than open cut. The length of the bore must be sufficient to meet the ultimate roadway width as specified in the thoroughfare development plan, if sufficient right-of-way exists. The city manager may, at his discretion, grant an exception if the following criteria have been met:
(1) 
Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts; and
(2) 
Alternative utility alignments that do not involve excavating the street or alley are impracticable; or
(3) 
The concrete street is scheduled for reconstruction within two years.
(h) 
A permit holder shall not make or cause to be made pavement cuts in newly constructed, reconstructed, or resurfaced (greater than one inch) asphalt streets for 60 months after the substantial completion of the street work. The city manager may, at his discretion, grant an exception if the following criteria have been met:
(1) 
Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts;
(2) 
Alternative utility alignments that do not involve excavating the street or alley are impracticable; and
(3) 
The proposed excavation cannot reasonably be delayed until the five-year deferment period has lapsed.
(i) 
The installation and replacement of any of facilities in right-of-way and easements by the permit holder shall be subject to inspection and approval by the city. The repair and maintenance of any of facilities in right-of-way and easements by the permit holder shall be subject to inspection by the city. The permit holder must cooperate fully with the city in conducting the inspection. Such inspections shall be conducted within a reasonable time after completion of the project. The permit holder shall promptly perform reasonable remedial action required by the city pursuant to such an inspection.
(j) 
The manager may stop work under the permit at any time upon finding that conditions at the worksite exist that pose an immediate risk of harm to persons and/or property.
(Ordinance 2008-08, sec. 21, adopted 4/15/08)
(a) 
When an excavation permit is not required by section 3.12.114 herein, a person shall obtain prior approval of the manager when a street or sidewalk cut is required, and comply with all requirements of the public works department for street cuts.
(b) 
A permit holder or person shall not cut or open more than one-half of the roadway at any time in order to maintain the flow of traffic at all times. However, in an emergency or with the permission of the manager, the total width of the roadway may be cut or opened provided barricades are placed at the first intersection each way from the cut, and detour signs are erected in accordance with the Texas Manual for Uniform Traffic Control Devices (TMUTCD) procedures, which include lighted signs for night-time hours.
(c) 
Except in an emergency, all street closures or detours that will exceed 24 hours in duration shall be posted by a sign at least two days prior to the closure or detour. If a cut or opening in a street is left open after 6:00 p.m., a barricade or temporary fencing must be placed on all sides of the cut and flares or red or amber lights shall be placed in front of each barricade and temporary fencing.
(d) 
In performing the work, a permit holder shall furnish and install the barricades, temporary fencing, flares, and lights as necessary, and in compliance with the TMUTCD, as amended from time to time.
(e) 
During the time the work is actually being conducted, the permit holder shall provide a flagger to alert the public to the work, when required by the TMUTCD or when required by a city inspector. Regardless of the TMUTCD or city inspection requirements, at all times, a flagger shall be present to direct traffic whenever a collector or major thoroughfare is involved.
(f) 
A permit holder may close a traffic lane on a major thoroughfare only between 8:30 a.m. and 4:00 p.m. unless the manager grants prior approval. Arrow board is required on lane closures, with all barricades, advance warning signs and 36-inch reflector cones placed in accordance with the TMUTCD.
(g) 
Any work that may involve construction within the right-of-way adjoining a school within the city must be coordinated with the manager so as to minimize traffic conflicts and street closures during school days.
(Ordinance 2008-08, sec. 22, adopted 4/15/08)
(a) 
After completion of any work within the right-of-way, a permit holder shall return all flowlines and grades in the right-of-way to their original condition and shall complete restoration, which shall include, but not be limited to:
(1) 
Replacing all ground cover with equal to the type of ground cover damaged during work, or better, either by sodding or seeding, as directed by the manager.
(2) 
Installing of all manholes and handholes, as required.
(3) 
Backfilling, or covering with a steel plate, all bore pits, potholes, trenches or any other holes, unless other safety requirements are approved by the manager.
(4) 
Leveling of all trenches and backhoe lines.
(5) 
Restoring the excavation site, including roads, to city specifications.
(6) 
Restoring of all landscaping, ground cover, and sprinkler systems.
(7) 
Removing all locate flags during the cleanup process.
(b) 
A permit holder shall complete restoration to the reasonable satisfaction of the city within 30 calendar days after completion of the work, unless otherwise extended by the manager, in accordance with existing standards of the city in effect at the time of the work.
(c) 
Should the city reasonably determine, within two years from the date of the completion of any original or subsequent repair work involving the surface or base, or within one year of any original or subsequent repair work involving irrigation systems or landscape treatment, that additional restoration work is required to meet pre-construction conditions or existing standards of the city, the permit holder responsible for the original or any subsequent restoration shall perform such restoration work to the reasonable satisfaction of the city and at no cost to the city.
(d) 
Notwithstanding subsection (c) above, if the city determines that the failure of a permit holder to properly repair or restore the right-of-way constitutes a safety hazard to the public, the city may, after providing notice to the permit holder, undertake emergency repairs and restoration efforts. A permit holder shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city’s invoice.
(e) 
If a permit holder fails to perform necessary restoration in accordance with the requirements of this section, all work in progress, except that related to the problem, which has been permitted but not complete may be halted and the city may place a hold on any permits not approved until all restoration is complete.
(Ordinance 2008-08, sec. 23, adopted 4/15/08)
If the permit holder fails to diligently perform the work described in the permit, abandons the job, or for other reasons does not complete the work within a timely manner, the city, after giving notice to the registration holder, shall have the authority to take such action as is necessary to restore the right-of-way to a good and safe condition for the benefit and convenience of the public. If the failure to complete the work causes a safety hazard, the city shall commence restoration and shall notify the registration holder as promptly as possible after commencing work. Under these circumstances, the permit holder shall be responsible for all costs incurred by the city in restoring the right-of-way and easements and shall make no claim against the city for any excess costs or expenses or damage incurred by the permit holder or utility provider on account of the city’s action.
(Ordinance 2008-08, sec. 24, adopted 4/15/08)
(a) 
The city shall have the right and may at any time order and require any registration holder to remove and abate any facility that the manager determines is necessary to address a public health or safety emergency. If the registration holder or permit holder, after notice, fails or refuses to act, the city shall have the power to cause the removal or abatement of the dangerous facilities at the expense of the registration holder without liability for damages. The registration holder shall reimburse the city for all costs incurred within one month.
(b) 
When required by the city for reasons of public safety, street vacation, widening, reconstruction, relocation or regrading, or installation, repair or maintenance of streets, drainageways, sewer mains, water pipes, power lines, signal lights, or any other type of structures or improvements installed by the city on behalf of the public, the registration holder shall, at its own expense, disconnect, remove, and relocate from the right-of-way any lines, facilities, or other improvements within 60 days of the date when ordered in writing by the city manager, and the registration holder shall have no claim for reimbursement of costs or damages against the city, unless otherwise provided by state law. The 60-day limit shall not apply if the manager has approved a different schedule. Facilities not moved after 60 days shall be deemed abandoned after the city gives the registration holder 30 days’ notice. In such event, the city shall cause the facilities to be removed and the registration holder shall pay the costs for such removal, together with any other costs the city incurs by reason of the registration holder’s failure to remove the facilities, including liquidated damages the city is required to pay or any other costs that arise from the delay in the relocation of the facilities. The registration holder shall pay such costs within 30 days of the date of the invoice from the city. Failure to pay such fees shall be cause for revocation of registration and/or an excavation permit.
(Ordinance 2008-08, sec. 25, adopted 4/15/08)
The city may refuse to issue an excavation permit or may revoke any permit already issued, and may terminate work in progress by any utility provider which is not in compliance with this division. If a person or utility provider has not complied with the provisions of this division in work performed pursuant to an excavation permit, the city may deny a subsequent application for such a permit or may impose modifications.
(Ordinance 2008-08, sec. 26, adopted 4/15/08)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this division shall be in accordance with section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 2008-08, sec. 27, adopted 4/15/08)