This article shall be known as the city public rights-of-way
management ordinance.
(Ordinance 748-2017, sec. 3(1),
adopted 8/22/17)
The city adopts by reference “Implementing Local Government
Code Chapter 284,” as published by the Texas Coalition of Cities
for Utility Issues, June 12, 2017 (“implementation guidelines”).
The city also adopts by reference the “City of Anna Design Manual
for the Installation of Network Nodes and Node Support Poles pursuant
to Tex. Loc. Gov. Code, Chapter 284” (as amended) (“design
manual”). References to the implementation guidelines and design
manual shall be interpreted to correspond to the version adopted by
the city at the time of the relevant event. Copies of these documents
shall be maintained on file with the city secretary.
(Ordinance 748-2017, sec. 3(2),
adopted 8/22/17)
For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
“Antenna” or “antennae” means communications
equipment that transmits or receives electromagnetic radio frequency
signals used in the provision of wireless services, including directional
antennas (such as panels, wireless cable and dishes) and omnidirectional
antennas (such as whips), but not including satellite earth stations,
and including without limitation microwave reflectors. This term does
not include network nodes or micro network nodes. “Microwave
reflector” means an apparatus constructed of solid, open mesh,
bar-configured, or perforated materials of any shape or configuration
that is used to receive or transmit microwave signals from a terrestrial
or orbitally located transmitter or transmitter relay. Microwave reflectors
are also commonly referred to as satellite receive only earth stations
(TVROS) or satellite dishes. “Antenna support structure”
means any tower, mast, tripod, box frame, pole (other than a pole
as defined in this section) or other structure utilized for the purpose
of supporting one or more antennae or microwave reflectors, including
without limitation structures that have a primary or secondary use
in addition to supporting one or more antennae or microwave reflectors.
means the City of Anna, Texas, or its designated agent of
the city.
means the Anna City Code of Ordinances.
means the installation, mounting, maintenance, modification,
operation, or replacement of network nodes or other telecommunications
equipment in a public right-of-way on or adjacent to a tower or pole,
or the process of adding such equipment to an existing tower or pole.
means any work performed above the surface, on the surface or beneath the surface of a public right-of-way, including, but not limited to, installing, servicing, repairing, upgrading, or modifying any facility(ies) in, above or under the surface of the public right-of-way, and restoring the surface and subsurface of the public right-of-way subject to the provisions of section 10.03.014. The word “construction” does not include the installation of facilities necessary to initiate service to a customer’s property, or the repair or maintenance of existing facilities unless such installation, repair or maintenance requires the breaking of pavement, excavation or boring.
means any of the following forms of security provided at
the owner’s option:
means a streetlight pole specifically designed and placed
for aesthetic purposes and on which no appurtenances or attachments,
other than specially designed informational or directional signage
or temporary holiday or special event attachments, have been placed
or are permitted to be placed according to this code.
means the public works department of the city.
means an area that is zoned or otherwise designated by city
code, and for which the city maintains and enforces unique design
and aesthetic standards on a uniform and nondiscriminatory basis.
means the director of the public works department of the
city or his or her designee, or another person authorized by the city
manager to act as the director.
means a vehicular access way designed and intended to serve
as access from a public roadway to a lot or parcel of land adjacent
to the public roadway.
means a condition that:
shall include, but not be limited to, any and all cables,
pipelines, poles (other than poles as defined in this section), transmitters,
receivers, splice boxes, tracks, tunnels, utilities, vaults, and other
appurtenances or tangible things owned, leased, operated, or licensed
by an owner or owners, that are located or are proposed to be located
in a public right-of-way.
means an area that is zoned or otherwise designated as a
historic district under municipal, state, or federal law.
means the Texas Local Government Code.
means a guyed or self-supported pole or monopole greater
than the height parameters prescribed by this code or applicable state
or federal law.
means United States (U.S.) 75, State Highway (S.H.) 5, State
Highway 121, Farm-to-Market (FM) 455, the Collin County Outer Loop,
and any other major highways, major collectors and major thoroughfares
designated on the city’s comprehensive plan, and all roadways
having four or more lanes, including without limitation Throckmorton
Blvd. and all of Hackberry Lane.
means a network node that is not larger in dimension than
24 inches in length, 15 inches in width, and 12 inches in height,
and that has an exterior antenna, if any, not longer than 11 inches.
means the grant issued by the city and accepted by an individual
owner to use the public rights-of-way in accordance with the ordinances
of the city, a franchise agreement, a license, or under operation
of state law which provides a specific grant of authority to use the
rights-of-way.
means a utility pole owned or operated by a municipally owned
utility, as defined by the Texas Utilities Code, section 11.003, which
is located in a public right-of-way.
means an area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity. For
purposes of this article, all city-owned property used for park purposes
and any other property labeled, described, dedicated, or designated
for park purposes on a plat recorded in the county property records
are deemed to be designated as municipal parks by this code, so long
as such property has been designated by the city as park property
for use by the general public. Municipal parks include, but are not
limited to, the following: Slayter Creek Park, Natural Springs Park,
Sherley Park, Johnson Park, Bryant Park, Geer Park, Pecan Grove Park,
Creekside Park, and Oak Hollow Park and also include any trails and
sidewalks connecting any municipal parks.
means equipment at a fixed location that enables wireless
communications between user equipment and a communications network.
The term:
Includes:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
and
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation;
means:
means a pole installed by a network provider for the primary
purpose of supporting a network node.
means any person who owns any facility or facilities that
are installed or are proposed to be installed or maintained in the
public right-of-way. Included within this definition are any and all
of the owner’s contractors, subcontractors, agents or authorized
representatives. A network provider or a wireless service provider
may also be an owner for purposes of this article.
means a written authorization for the use of the public right-of-way
or collocation on a service pole required from the city before a network
provider or person may perform an action or initiate, continue, or
complete a project over which the city has regulatory authority.
means any natural or corporate person, business association
or other business entity including, but not limited to, a partnership,
a sole proprietorship, a political subdivision (excluding the city),
a public or private agency of any kind, a utility, a successor or
assign of any of the foregoing, or any other legal entity.
means a service pole, municipally owned utility pole, node
support pole, or utility pole. This general term shall be construed
to exclude decorative poles.
means an easement or other real property right that is only
for the benefit of the grantor and grantee and their successors and
assigns.
means an annual rental charge paid by a network provider
or other person to a municipality related to the construction, maintenance,
or operation of network nodes or other facilities within a city right-of-way.
means the process by which a public right-of-way is returned
to a condition that is equal to or better than the condition that
existed before construction.
means the area on, below, or above a public roadway, highway,
street, public sidewalk, alley, waterway, or utility easement in which
the city has an interest. It includes but is not necessarily limited
to interest in land that is acquired by, dedicated to, or claimed
by the city in fee simple, by easement, or by prescriptive right and
that is expressly or impliedly available, accepted or used in fact
or by operation of law as a public roadway, highway, street, sidewalk,
alley, or for drainage or utility purposes. The term applies regardless
of whether the public right-of-way is paved or unpaved. The term does
not include a private easement or airwaves above the public right-of-way
with regard to wireless telecommunications.
means a pole, other than a municipally owned utility pole
or decorative pole, owned or operated by a municipality and located
in a public right-of-way, including:
means each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for the network nodes.
means a pole that provides:
means equipment and physical support used in providing public
utility service, but excluding network nodes and all poles defined
in this article.
means any service, using licensed or unlicensed wireless
spectrum, including the use of Wi-Fi, whether at a fixed location
or mobile, provided to the public using a network node.
means a person or entity that provides wireless service to
the public.
(Ordinance 748-2017, sec. 3(3),
adopted 8/22/17)
(a)
Any person, prior to constructing facilities in, on or over the public
rights-of-way, must first obtain separate municipal authorization.
(b)
This article does not constitute or create authority to place, reconstruct,
or alter facilities in, on or over the rights-of-way nor to engage
in construction, excavation, encroachments, or work activity within
or upon any public right-of-way, and said authority must be obtained
in accordance with the terms of this article.
(c)
Any person with a current, unexpired franchise, municipal authorization,
license or other authorization from the city or state to use the public
right-of-way that is in effect at the time this article takes effect
shall continue to operate under and comply with that grant, and in
the event this article conflicts with existing authorization, the
more restrictive provision shall apply.
(d)
Regardless of any prior existing unexpired franchise, municipal authorization,
license or other authorization from the city or state to use the public
right-of-way, an owner shall be required to obtain a permit prior
to performing any construction within a public right-of-way, save
and except for work exempted by LGC section 284.157 (as amended).
However, prior to beginning any work so exempted, the owner must provide
advance written notice to the city of no less than 15 calendar days.
Replacement or upgrade of poles by network providers requires advance
approval of the pole’s owner. All size limitations provided
in this article or other law remain applicable even to work exempted
under LGC section 284.157.
(Ordinance 748-2017, sec. 3(4),
adopted 8/22/17)
(a)
In order to protect the public health, safety and welfare, all owners
of facilities in the right-of-way will register with the city. Registration
and permits will be issued in the name of the person who owns or will
own the facilities. Registration must be renewed on or before September
30 of each year. If a registration is not renewed, and subject to
60 calendar days’ notification to the owner, the facilities
of the owner will be deemed to have been abandoned. When any information
provided for the registration changes, the owner will inform the city
of the change no more than 30 days after the date the change is made.
Registration shall include:
(1)
The name, address(es) and telephone number(s) of the owner;
(2)
The names, address(es) and telephone number(s) of the contact person(s)
for the owner;
(3)
The name(s), address(es) and telephone number(s) of any contractor(s)
or subcontractor(s) who will be working in the right-of-way on behalf
of the owner. If the names of contractors and subcontractors are not
available at the time of registration, they must be submitted to the
city prior to permit issuance;
(5)
The name(s) and telephone number(s) of an emergency contact who shall
be available 24 hours a day;
(6)
The source of the owner’s municipal authorization (e.g., franchise,
state law, etc.). If the owner is a certificated telecommunications
provider, the certificate number issued by the state public utility
commission; and
(7)
The owner’s two-year projections of plans for the construction
of facilities in the city at the time of registration renewal.
(b)
Registration shall be a prerequisite to issuance of a construction
permit. Each owner shall update and keep current the registration
with the city at all times.
(c)
Notwithstanding any other provision of this article, the installation
or collocation of network nodes in a public right-of-way shall not
require any registration or permit which is not expressly authorized
by LGC chapter 284 (as amended).
(Ordinance 748-2017, sec. 3(5),
adopted 8/22/17)
(a)
Generally.
(1)
Permit requirements.
An owner shall not perform any
construction or installation of facilities in the public right-of-way
without first obtaining a construction permit, except as provided
herein. Network providers must file at least one permit application
for every 30 (thirty) network nodes to be located in public right-of-way
and receive corresponding permits for the installation or collocation
of those network nodes. In the discretion of the director, an owner
who is not a network provider may be required to apply for and receive
multiple permit applications for construction which will involve more
than one work site.
(2)
Emergency construction.
Emergency construction related
to existing facilities may be undertaken without first obtaining a
permit; however, the department shall be notified in writing within
two business days of any construction related to an emergency response,
including a reasonably detailed description of the nature of the emergency
and the work performed in the right-of-way. An updated map of any
facilities that were relocated, if applicable, shall be provided to
the department within 90 days.
(3)
Exceptions.
A permit is not required under subsection (a)(1) if the activity in the public right-of-way consists exclusively of:
(4)
Closing of traffic lanes.
Unless the director has issued
prior approval, the owner or contractor shall not close any traffic
lanes or otherwise impede traffic on major thoroughfares during the
morning or evening rush hours on weekdays during the hours of 7:00
a.m. to 9:00 a.m. or 3:30 p.m. to 6:30 p.m. Any closure of a traffic
lane for more than four hours during any non-peak traffic period shall
also require a permit unless waived by the director.
(5)
Compliance with permit.
All construction in the right-of-way
shall be in accordance with the permit for the facilities. The director
and/or his/her designee shall be provided access to the work and to
such further information as he or she may reasonably require to ensure
compliance with the permit.
(6)
Copy of permit and plans to be available at site.
A
copy of the construction permit and approved construction plans shall
be maintained at the construction site and made available for inspection
by the director at all times when construction work is occurring.
(7)
Commencement and completion of work.
All construction
work authorized by permit must be completed in the time specified
in the construction permit, but in the case of permits granted to
network providers, installation must begin no later than six months
after final approval and must be diligently pursued to completion.
Failure to begin construction within said six-month period results
in expiration of the permit. If the work cannot be completed in the
specified time period, the owner may request a reasonable extension
of the time period from the director. The director will use his/her
best efforts to approve or disapprove a request for extension of a
permit as soon as possible. If the request for the extension is made
prior to the expiration of the permit, work may continue while the
request is pending.
(8)
Construction, excavation or work area.
No owner or contractor
shall perform construction, excavation, or work in an area larger
or at a location different than that specified in the permit or permit
application. If, after construction, excavation, or work is commenced
under an approved permit it becomes necessary to perform construction,
excavation, or work in a larger or different area than originally
requested under the application, the owner or contractor shall notify
the director immediately and, within 24 hours, shall file a supplementary
application for the additional construction, excavation, or work.
(9)
Other permits and approvals.
Applicants are solely responsible
for obtaining any and all necessary permits or other approvals from
other applicable regulatory authorities, including but not limited
to the state public utility commission and the state department of
transportation. The city’s issuance of a permit is not a substitute
for approval by other regulatory authorities and does not constitute
any representation by the city that the proposed construction would
meet the requirements established by other authorities. A copy of
any permit or approval issued by federal or state authorities for
work in federal or state rights-of-way located in the city shall be
provided, if requested by the department.
(10)
Applicability of state and federal law.
If state or
federal law addresses the same issue as any part of this article,
the regulation which creates the greatest limitations on construction
activity shall control unless otherwise agreed in writing.
(11)
Liability.
Notwithstanding any provision of this article,
approvals provided by the city shall not constitute or be deemed to
be a release of the responsibility and liability of the owner, or
the owner’s officers, agents, servants or employees, the owner’s
engineer, or said engineer’s employees, officers or agents for
the accuracy and competency of their design and specifications. Further,
any such approvals shall not be deemed to be an assumption of such
responsibility and liability by the city or the city’s officers,
agents, servants or employees, for any defect in the design and specifications
prepared by the owner or the owner’s officers, agents, servants
or employees, the owner’s engineer, or said engineer’s
officers, agents, servants or employees.
(b)
Collocation of network nodes on service poles.
(1)
Any owner who seeks to collocate network nodes on service poles must
first enter into a suitable nondiscriminatory collocation agreement
with the city, which shall include insurance and bonding requirements,
and provisions for the removal of the owner’s equipment at no
expense to the city in the event of contract breach, widening or other
construction in the right-of-way, abandonment of the equipment, owner
dissolution or bankruptcy, or similar occurrences.
(2)
Prior to entering an agreement with the city under this subsection,
the owner shall supply to the city a certified report from an engineer
licensed in the state which verifies that the proposed collocation
will not impede any function of the service poles at issue, or any
function of other equipment collocated on said service poles, and
will not in any way endanger the public. The expense of said report
shall be borne solely by the owner.
(c)
Other modifications and pole attachments.
(1)
Any desired modification from the technical specifications of an
existing permit requires a new permit application or an amendment
to a pending permit application. For purposes of this provision, “modification”
shall include but not be limited to a change in pole height, addition
of equipment which increases overall pole/structure height, rerouting
or adding new underground connections to an above-ground installation,
rerouting or adding new above-grade lines, or addition of any equipment
which adds additional or upgraded functions to an existing facility
(e.g., adding telecom equipment to an electric pole).
(2)
Any person or entity seeking to install additional equipment of any
kind to an existing pole owned by another entity must obtain a permit
before commencing with the work.
(3)
See additional requirements of pole-attachment agreements under section 10.03.007(j).
(Ordinance 748-2017, sec. 3(6),
adopted 8/22/17)
(a)
Content; expiration; transferability.
The 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 conditions set out by the director. Except for network providers (see section 10.03.006(a)(7)), if the owner fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the owner will be required to obtain another permit. No permit shall be transferable.
(b)
Permit to be in name of owner.
The permit will be in
the name of the person who will own the facilities to be constructed.
The permit application must be completed and signed by an authorized
representative of the owner of the facilities to be constructed.
(c)
Payment of fees.
Permit applications shall be considered
incomplete until all applicable fees are tendered to the city in accordance
with the city’s fee schedule.
(d)
Documentation.
Any person requesting a permit will provide
the director with documentation in the format specified by the department,
at the time of the permit application submittal, including:
(1)
The proposed location and route of all facilities to be constructed
or installed and the owner’s plan for right-of-way construction;
(2)
Three sets of engineering plans, including plan and profile, which
will be on a reasonable scale acceptable to the department, unless
waived by the director. When required by the Texas Engineering Practice
Act, as amended, the plans must be sealed by a professional engineer
licensed to practice in the state;
(3)
Detail of the location of all rights-of-way (including utility easements)
that the owner plans to use;
(4)
Detail of existing utilities located in the right-of-way, including
the city’s utilities, in relationship to the owner’s proposed
facilities/route;
(5)
Detail of what the owner proposes to construct including size of
facilities, services to be provided by the facilities, materials used,
and other details such as pipe size, total structure height, number
of ducts, valves, etc.;
(6)
Detail of plans to remove and replace asphalt or concrete in streets,
and details for restoration within the public right-of-way;
(7)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc., including depth and elevation, located
in the public right-of-way;
(8)
Typical details of manholes and/or handholes the owner plans to use
or access;
(9)
Complete legend of drawings submitted by the owner, which may be
provided by reference to previously submitted documents acceptable
to the city;
(10)
The construction methods to be employed for the protection of existing
structures, fixtures, and facilities within or adjacent to the right-of-way,
and the dates and times work will occur, all of which (methods, dates,
times, etc.) are subject to approval of the director, and to include
an erosion control plan at the request of the director;
(11)
For network nodes, a certificate that all network nodes to be installed
comply with the applicable regulations of the Federal Communications
Commission, and certification that the proposed network node will
be placed into active commercial service by or for a network provider
not later than the 60th day after the date the construction and final
testing of the network node is completed, and other information required
by the city related to the provider’s use of the right-of-way
under LGC chapter 284 (as amended), to ensure compliance with said
chapter; and
(e)
Time of filing.
A request for a permit must be submitted
at least 15 business days before the proposed commencement of work
identified in the request, unless waived in writing by the director.
(f)
Timeframe for approval or denial; resubmission.
(1)
Requests for permits will be approved or disapproved by the director
within the following timeframes:
(2)
If not acted on within timeframe for approval or denial is listed
above, the permit shall be deemed approved if required by state law.
Any completeness reviews of applications for uses of right-of-way
not listed above will be performed within 30 days, and the city shall
act to approve or deny complete applications within 150 days, unless
shorter timeframes for review are provided under state or federal
law.
(3)
If an application is determined to be incomplete, the applicant may
resubmit a completed or cured application within 30 days without payment
of a new application fee. If an application is determined to be incomplete,
the city shall specifically identify the missing information in a
written notification to the applicant. The director will consider
all information submitted by the applicant including a review of the
availability of space in the right-of-way based on the applicant’s
proposed route and location.
(4)
If a complete application is denied, the city shall document the
basis for the denial, including specific applicable code provisions
or other municipal rules, regulations, or other law on which the denial
was based. The city shall send the documentation by electronic mail
to the applicant on or before the date the city denies the application.
If an applicant cures the deficiencies identified in the denial documentation
and resubmits within 30 days of the denial, the city shall approve
or deny the completed revised application no later than 90 days after
receipt of the completed revised application, and may charge the applicant
an additional application fee for its actual costs incurred.
(5)
Review of revised applications shall be limited to the deficiencies
cited in the denial documentation. Failure to submit a completed or
cured application within 30 days will cause any subsequent submission
to be treated as a new application.
(g)
Pre-construction meeting.
The department or the owner
can request a pre-construction meeting with the construction contractor.
(h)
Unauthorized installations.
No person receiving a permit
shall authorize or otherwise allow any equipment, device, or other
feature not depicted in the permit application submittal to be erected,
installed, attached, collocated, or otherwise affixed to any materials
placed in a right-of-way. Allowing such activity is unlawful, constitutes
a public nuisance, and constitutes a violation of this article for
each day the improper installation remains. An owner must take action
to remove an installation exceeding the scope of the permit within
48 hours of receiving notice of a violation of this section from the
city, or the city may remove the improper installation at the owner’s
expense.
(i)
Responsibilities of owner.
Submission of an application
for a permit constitutes the owner’s acceptance of responsibility
for monitoring the facilities which are the subject of the respective
permit, and agreement that any future transfer of ownership of facilities
in any right-of-way is strictly limited to the exact specifications
of an approved permit, and further that the owner originally listed
on an approved permit is responsible for all costs of city abatement
of any improperly installed equipment or failure to timely conform
as needed for public improvements, except as may be specifically provided
for in this article or an applicable franchise agreement.
(j)
Pole attachment contract.
The owner shall provide the
city a copy of any related pole attachment contract (or any other
arrangement for collocation on or within owner’s facilities)
as part of the owner’s permit application. Said contract must
include, as a binding term, a provision requiring the owner or the
collocating entity to move all of its equipment to a new permitted
location within 30 days after notice that relocation is necessary.
Said contract must also provide that if it is necessary to remove
or relocate any facilities and the collocating entity fails to move
its equipment within 30 days after receiving notice of the need to
move, the collocating party authorizes both the permit applicant (or
pole owner, as applicable) and the city to transfer or remove the
equipment at the permit applicant’s expense and fully indemnifies
and holds harmless the city (and its officers, employees, contractors,
and other agents) from all liability to the same degree as described
by Texas Utilities Code section 252.006(c) (as amended). Submission
of an unexecuted or nonconforming contract shall result in denial
of the permit application.
(k)
Supplementation.
Any person receiving a permit under
this section shall have an ongoing duty to promptly provide written
notice to the city of any proposed or anticipated change to the application
details previously supplied to the city, including but not limited
to providing notice to the city of any proposal for collocation of
any other party’s equipment on previously permitted facilities.
Work under a proposed modification to a permit cannot commence unless
all relevant information is supplied to the city at least 15 days
in advance, unless otherwise waived in writing by the director.
(Ordinance 748-2017, sec. 3(7),
adopted 8/22/17)
(a)
Generally.
Each new, modified, or replacement utility
pole or node support pole installed in a public right-of-way must
be within the scope of an approved permit and constructed in compliance
with the design manual adopted by the city. The design manual in use
by the city on the date the permit application is filed shall control
work corresponding to that permit, if approved. The city’s design
manual is incorporated by reference and maintained in the office of
the city secretary.
(c)
Installation in certain locations.
A network provider
may not install a new node support pole in a public right-of-way without
the city’s discretionary, nondiscriminatory, and written consent
if the public right-of-way is in a municipal park or is adjacent to
a street or thoroughfare that is:
(d)
Compliance with private restrictions.
If a network provider is installing a network node or node support pole in a public right-of-way described by subsection (c) of this section, then it must comply with all private deed restrictions and other private restrictions in the area that apply to its facilities.
(e)
Historic or design districts.
A network provider must
obtain advance written approval from the city before collocating new
network nodes or installing new node support poles in any area of
the city zoned or otherwise designated as a historic district or as
a design district if the district has or requires decorative poles.
(1)
The following areas have been zoned or designated as historic or
design districts in the city. Other areas not listed here may also
be zoned or designated as historic or design districts. A complete
list of such districts is on file with the city secretary.
(2)
The city requires reasonable design and/or concealment measures for
new network nodes or new node support poles in any historic or design
district with decorative poles as a condition of approval. Network
providers must comply with the design and aesthetic standards of the
district and explore the feasibility of using camouflage measures
to improve the aesthetics of the new network nodes, new node support
poles, or related ground equipment, or any portion of the nodes, poles,
or equipment, to minimize the impact on to the aesthetics in a historic
district or on a design district’s decorative poles.
(f)
Limitations on size of network nodes.
(1)
Network nodes must conform to the following conditions:
(A)
Each antenna that does not have exposed elements and is attached
to an existing structure or pole:
(B)
If an antenna has exposed elements and is attached to an existing
structure or pole, the antenna and all of the antenna’s exposed
elements:
(D)
Ground-based enclosures, separate from the pole, may not be higher
than three feet six inches from grade, wider than three feet six inches,
or deeper than three feet six inches; and
(E)
Pole-mounted enclosures may not be taller than five feet.
(2)
The following types of associated ancillary equipment are not included in a calculation of equipment volume under subsection (1):
(3)
Equipment attached to node support poles may not protrude from the
outer edge of the node support pole by more than two feet.
(4)
Equipment attached to a utility pole must be installed in accordance
with the National Electrical Safety Code, subject to applicable codes,
and the utility pole owner’s construction standards.
(5)
A network provider may construct, modify, or maintain in a public
right-of-way a network node or node support pole that exceeds the
height or distance limitations prescribed by this article only if
the city approves the construction, modification, or maintenance subject
to all applicable zoning or land use regulations and all applicable
codes.
(g)
Height of equipment cabinet.
Network providers must
ensure that the vertical height of an equipment cabinet installed
as part of a network node does not exceed the height limitation prescribed
by this section, subject to approval of the pole’s owner if
applicable.
(h)
Undergrounding.
Network providers must comply with all
undergrounding requirements imposed by city ordinance, zoning regulations,
state law, private deed restrictions, and other public or private
restrictions that prohibit installing above-ground structures in a
public right-of-way without first obtaining zoning or land use approval.
Such requirements or restrictions shall not prohibit a network provider
from replacing an existing structure, subject to compliance with other
applicable regulations.
(Ordinance 748-2017, sec. 3(8),
adopted 8/22/17)
(a)
Conformance with applicable regulations.
All construction
shall be in conformance with all city codes and applicable local,
state and federal laws.
(b)
General standards.
Construction of network nodes and
node support poles shall be conducted in a manner which does not:
(1)
Obstruct, impede, or hinder the usual travel or public safety on
a public right-of-way, except as permitted by city ordinance;
(2)
Obstruct the legal use of a public right-of-way by other utility
providers;
(3)
Violate nondiscriminatory applicable codes;
(4)
Violate or conflict with the city’s right-of-way design specifications;
or
(5)
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C.
section 12101 et seq. (as amended)).
(c)
Notification that construction is ready to proceed.
The department must be notified two business days in advance that
construction is ready to proceed by either the owner, its contractor
or authorized representative. At the time of notification, the owner
will inform the department of the number (or other information) assigned
from the appropriate one-call notification center. “Notification
center” means the same as in Texas Utilities Code ch. 251, or
its successor. The name, address and phone numbers of the contractor
or subcontractor who will perform the actual construction, including
the name and telephone number of an individual with the contractor
who will be available at all times during construction [shall be submitted].
Such information shall be required prior to the commencement of any
work.
(d)
Public notification.
(1)
For any closure of a traffic lane or blocking of a sidewalk or alley
lasting six days or less, the permittee shall conspicuously mark its
vehicles with the permittee’s name and telephone number.
(2)
For projects scheduled to last more than seven calendar days, a three
feet by three feet informational sign stating the identity of the
person doing the work, a local telephone number and the owner’s
identity shall be placed at the location where construction is to
occur 48 hours prior to the beginning of work in the right-of-way
and shall continue to be posted at the location during the entire
time the work is occurring. The informational sign will be posted
on the public right-of-way 100 feet before the construction [at such]
location commences, unless other posting arrangements are approved
or required by the director.
(3)
When projects last more than seven calendar days, the owner shall
also provide written notification to all adjacent property occupants
48 hours prior to the beginning of construction. Informational fliers
shall include the person doing the work, a local telephone number,
the owner’s identity, and the proposed schedule.
(e)
Requirements before beginning work.
Erosion control
measures (e.g., silt fence) and advance warning signs, markers, cones
and barricades must be in place before work begins.
(f)
Lane closures; traffic control.
Lane closures on major
thoroughfares will be limited to one lane between 9:00 a.m. and 3:30
p.m. unless the director grants prior approval. Arrow boards will
be required for lane closures on all arterials and collectors, with
all barricades, advance warning signs and 36-inch reflector cones
placed according to the Texas Manual on Uniform Traffic Control Devices.
The owner shall provide a traffic-control plan for all work in the
public rights-of-way for city review and approval, and except for
emergency work, no work shall commence prior to city approval of the
traffic-control plan.
(g)
Responsibility of owner for workmanship and damages.
Without affecting the legal relationship between the owner and their
contractor, owners are responsible for the workmanship of, and any
damages caused by, their contractors or subcontractors. A responsible
representative of the owner will be available to the department at
all times during construction.
(h)
Stormwater management, erosion control and excavation safety measures.
The owner shall be responsible for stormwater management, erosion
control and excavation safety measures that comply with city, state
and federal guidelines. Requirements shall include, but not be limited
to, construction fencing around any excavation that will be left overnight,
silt fencing in erosion areas until reasonable vegetation is established,
barricade fencing around open holes, and high erosion areas will require
wire-backed silt fencing. Upon request, the owner may be required
to furnish documentation submitted to or received from federal or
state government.
(i)
Notification of damage to utilities.
The owner or contractor
or subcontractor will notify the department immediately of any damage
to other utilities, either city or privately owned.
(j)
Street or sidewalk cuts.
It is the city’s policy
not to cut streets or sidewalks; however, except in case of emergency,
when a street or sidewalk cut is required, prior approval must be
obtained from the department and all requirements of the department
shall be followed in all street and sidewalk cuts. Repair of all street
and sidewalk removals must be made promptly to avoid safety hazards
to vehicle and pedestrian traffic, and shall be in accordance with
city standard specifications and details for restoration within public
rights-of-way.
(k)
Protection of city utilities.
Installation of facilities
must not interfere with city utilities, in particular gravity-dependent
facilities. Facilities shall not be located over, or within three
feet, horizontally or vertically, of any water or sanitary sewer mains,
unless approved by the director.
(l)
Depth of new facilities.
New facilities must be installed
to a minimum depth required by state and federal codes and standards.
(m)
Marking of directional boring.
All directional boring
shall have a locator place bore marks and depths while the bore is
in progress. The locator shall place a mark at each stem with a paint
dot and depth at least every other stem.
(n)
“No directional boring” zones.
In the city,
the public infrastructure must be maintained and protected by all
owners and contractors. The public health, safety and welfare is at
risk when damages to water and sewer mains occur. To protect the water
and sewer system, no person, agency, or contractor will be allowed
to directionally bore longitudinally with water mains that are larger
than eight inches and sewer mains that are eight inches or larger,
unless this requirement is waived in writing by the director. The
installation of facilities in the public rights-of-way or easements
will be installed by open excavation to assure the protection of the
city’s water and sewer system.
(o)
Hours of operation for non-emergency work.
Construction
may not start earlier than 7:00 a.m. on weekdays nor continue after
dark without prior permission from the city. Construction on Saturday
may not start before 7:00 a.m. and must be approved by the director
by noon on the Thursday prior to the proposed Saturday. Unless otherwise
expressly permitted herein or as specifically provided for in a permit
issued under this article, construction shall not continue after 7:00
p.m. or prior to 7:00 a.m. Work on Sunday is prohibited without special
permission by the city manager or his/her designee. An after-hours
fee must be paid to the city prior to Saturday work, if city inspection
is required. The Saturday inspection fee must be paid prior to noon
on Thursday prior to the Saturday in which the work is to be performed.
Construction work on recognized city holidays is prohibited. The additional
fees described in this subsection are not applicable to installation
or collocation of network nodes.
(p)
Obtaining line locates.
Persons working in public rights-of-way
are responsible for obtaining line locates from all affected utilities
or others with facilities in the right-of-way prior to any excavation.
Use of a geographic information system or the plans of record does
not satisfy this requirement.
(q)
Marking of location of facilities.
The owner of any
facilities located within public rights-of-way is required to mark
the location of such facilities when requested by the city. Location
and marking of said facilities shall occur within two hours of an
emergency request, and within forty-eight hours of a non-emergency
request.
(r)
Verification of location.
The owner will be responsible
for verifying the location, both horizontal and vertical, of all facilities.
When required by the department, the owner shall verify locations
by pot holing, hand digging, or other methods approved by the department
prior to any excavation or boring.
(s)
Placement of manholes and handholes.
Placement of all
manholes and/or handholes must be approved in advance by the department.
Handholes or manholes will not be located in sidewalks, unless approved
by the director.
(t)
Locate flags.
Locate flags shall not be removed from
a location while facilities are being constructed.
(u)
Pumping of water or mud.
When construction requires
pumping of water or mud, the water or mud shall be contained in accordance
with federal and state law and the directives of the department.
(v)
Interference with use of public or private property.
A person shall perform operations, excavations and other construction
in the public rights-of-way in accordance with all applicable city
requirements, including the obligation to use trenchless technology
whenever commercially economical and practical and consistent with
obligations on other similar users of the public right-of-way. The
city shall waive the requirements of trenchless technology if it determines
that the field conditions warrant the waiver, based upon information
provided to the city by the person. All excavations and other construction
in the public rights-of-way shall be conducted so as to minimize interference
with the use of public and private property. A person shall follow
all reasonable construction directions given by the city in order
to minimize any such interference.
(w)
Tree preservation.
All construction shall conform to
the city tree preservation standards.
(x)
Excavation safety plan.
On construction projects in
which excavation will exceed a depth of five feet, the agency must
have detailed plans and specifications for excavation safety systems.
The term “excavation” includes trenches, structural features,
or any construction that has earthen excavation subject to collapse.
The excavation safety plan shall be designed in conformance with state
law and Occupational Safety and Health Administration (OSHA) standards
and regulations.
(y)
Confined space requirements.
On construction projects
that involve entry into a “confined space” or “permit-required
confined space” as said terms are defined under 29 CFR section
1910.146(b), as amended, the owner shall comply with all related city
regulations and applicable state and federal law.
(z)
Underground installation.
To the extent permitted under
state law and/or an applicable tariff from the state public utility
commission and where it is technologically feasible, it is preferred
that all facilities be installed underground. Any claim that underground
installation is not technologically feasible is subject to denial
by the director unless the permit application is accompanied by a
suitable report prepared by a civil engineer licensed in Texas, which
said report individually addresses the conditions that prevent the
feasibility of underground installation on each site where above-ground
installation is proposed. Cost of installation must not be the sole
factor used to support a claim that underground installation is not
feasible.
(Ordinance 748-2017, sec. 3(11),
adopted 8/22/17; Ordinance
754-2017, sec. 2.01, adopted 9/26/17)
(a)
Right-of-way users will provide the director with “as-built plans” within 90 days of completion of facilities in the right-of-way. The plans shall be provided to the city with as much detail and accuracy as required by the director. All the requirements specified for the plans submitted for the initial permit, as set forth in section 10.03.007(d), shall be submitted and updated in the as-built plans. Users that have facilities in the right-of-way existing as of the date of this article who have not provided as-built plans shall provide 1/4 of the information concerning facilities in city right-of-way within one year after the passage of this article and 1/4 each six months thereafter. The detail and accuracy will concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. Submittal of as-built plans shall be in digital format compatible with city hardware and software or shall be subject to a conversion fee, except that a conversion fee shall not be charged when the plans depict only installation or collocation of network nodes. The owner shall include one scalable set of plans in a paper format.
(b)
If as-built plans submitted under this section include information
expressly designated by the owner as a trade secret or other confidential
information protected from disclosure by state law, the director may
not disclose that information to the public without the consent of
the owner, unless otherwise compelled by a decision of the attorney
general pursuant to the Texas Public Information Act, Texas Government
Code chapter 552, as amended, or by a court having jurisdiction of
the matter pursuant to applicable law. This subsection may not be
construed to authorize an owner to designate all matters in its as-built
plans as confidential or as trade secrets.
(Ordinance 748-2017, sec. 3(12),
adopted 8/22/17)
(a)
Whenever by reasons of widening or straightening of streets, sidewalks,
water or sewer line projects, or any other city project, it shall
be deemed necessary by the governing body of the city to remove, alter,
change, adapt, or conform an owner’s underground, above-ground,
or overhead facilities within the right-of-way to another part of
the right-of-way, such alterations shall be made by the owner of the
facilities at the owner’s expense (unless provided otherwise
by state law, a franchise, a license or a municipal authorization
until that grant expires or is otherwise terminated). The owner shall
be responsible for conforming its facilities within mutually agreed-upon
time limits. If no time limits can be agreed upon, the time limit
shall be 90 days from the day the city secures any additional right-of-way
and transmits final plans and notice to make the alterations. The
owner of facilities shall be responsible for any direct costs associated
with project delays associated with failure to conform facilities
within the mutually agreed-upon time limits. Reimbursement for all
costs provided for by this subsection shall be made within 30 calendar
days. Responsibility for the costs required to remove, alter, change,
adapt, or conform facilities (“modify” herein) is not
affected by any transfer of ownership of some or all of the facilities
from the original owner to any other person, unless the original owner
establishes to the city’s satisfaction that (i) the transfer
of ownership of the facilities at issue was completed no less than
30 days prior to receipt of notice to modify the facilities and (ii)
responsibility for the costs of removal, relocation, modification,
and similar costs was disclosed to and accepted by the new owner,
who also provided the city with suitable documentation of all necessary
bonds and insurance verifications prior to the receipt of notice to
modify the facilities. Any attempted transfer of facility ownership
(whether by sale, gift, abandonment, quitclaim, or any other devise)
which does not comply with the requirements of this section shall
be ineffective to relieve the original owner of financial responsibility
for the costs to modify the facilities, and the city may use any means
to recover its costs or ensure the prompt completion of the necessary
work to modify the facilities, including but not limited to making
claims against bonds, issuing fines, pursuing liens, or any other
lawful means.
(b)
An owner may trim trees in or over the public rights-of-way for the
safe and reliable operation, use and maintenance of its facilities,
subject to any city regulations related to tree preservation. All
tree trimming shall be performed in accordance with standards promulgated
by the National Arborist Association and the International Society
of Arboriculture. Should the owner, its contractor or agent fail to
remove such trimmings within 24 hours, the city may remove the trimmings
or have them removed, and upon receipt of a bill from the city, the
owner shall promptly reimburse the city for all costs incurred within
30 calendar days.
(c)
An owner shall temporarily remove, raise or lower its aerial facilities
to permit the moving of houses or other bulky structures. The owner
shall temporarily remove, raise or lower its aerial facilities within
15 working days of receiving a copy of a permit issued by the city.
The expense of these temporary rearrangements shall be paid by the
party or parties requesting and benefiting from the temporary rearrangements.
The owner may require prepayment or prior posting of a bond from the
party requesting the temporary move.
(Ordinance 748-2017, sec. 3(13),
adopted 8/22/17)
(a)
Any owner doing work in the city right-of-way shall properly install,
repair, upgrade and maintain facilities.
(b)
Facilities shall be considered to be improperly installed, repaired,
upgraded or maintained if:
(1)
The installation, repair, upgrade or maintenance endangers people
or property;
(2)
The facilities do not meet the applicable city codes;
(3)
The facilities are not capable of being located using standard practices;
or
(4)
The facilities are not located in the proper place at the time of
construction in accordance with the directions provided by the department
or the plans approved by the department.
(Ordinance 748-2017, sec. 3(14),
adopted 8/22/17)
(a)
Utility structures not exceeding 20 cubic feet are allowed in the
right-of-way or utility easements, subject to available room and located
as approved by the director. The placement of utility structures larger
than 20 cubic feet but not exceeding 30 cubic feet will be reviewed
on a case-by-case basis by the director. Such structures shall not
encroach within a sidewalk area, including a vertical clearance of
14 feet above the sidewalk, or within the sight visibility area.
(b)
Utility structures larger than 30 cubic feet shall be located as
close as practical to the back of a public or private utility easement
and subject to available room and located as approved by the director.
(c)
Above-ground facilities such as pedestals, switching boxes and similar
facilities shall be located no less than three feet from the edge
of an alley or the back of street curbs and such that they do not
create a physical or visual barrier to vehicles leaving or entering
roads, driveways or alleys. Such facilities shall not be located in
front of residential lots in a manner that creates an unreasonable
visual or aesthetic impairment (as determined by the director) for
the property owner.
(d)
The owner’s identity and telephone number shall be placed on
all utility structures placed in the rights-of-way.
(e)
Except to the extent limited by Texas Local Government Code chapter
284 or other applicable law, antenna, microwave reflector and antenna
support structures and any part or component thereof are prohibited
in a public rights-of-way without the express approval of the city
council by resolution or ordinance of a franchise agreement or license.
Approval of any such facility, franchise agreement, or license is
at the sole discretion of the city council.
(f)
In areas where utilities are already present in a right-of-way, all
facilities are to be installed on the same side of the roadway as
existing facilities, unless it is established to the director that
the conformance to that requirement is not feasible. If pre-existing
utility installations are underground in the vicinity of proposed
construction, all new facilities must also be underground unless otherwise
provided by an applicable tariff of the state public utility commission.
Applications for above-ground and underground construction may be
subject to different requirements, even as applied to facilities designed
to provide similar services.
(g)
Underground facilities shall not be removed without the advance written
consent of the city, which shall not be unreasonably withheld. This
restriction is applicable even when the owner’s franchise or
other municipal authorization to occupy a public right-of-way has
expired or been otherwise terminated, and also applies when underground
facilities are being abandoned.
(Ordinance 748-2017, sec. 3(15),
adopted 8/22/17; Ordinance
754-2017, sec. 2.02, adopted 9/26/17)
(a)
Owners shall restore property affected by construction of facilities
to a condition that is equal to or better than the condition of the
property prior to the performance of the work. Owners shall submit
photographs and/or a video of the construction area at the time of
the issuance of the permit. Restoration must be approved by the department.
(b)
Restoration must be made within ten working days of completion of
trench backfill for a length of 300 feet, or within the limits of
one city block, unless otherwise approved by the director. If restoration
is not satisfactory and performed in a timely manner, after written
notice, then all work in progress (except that related to the problem),
including all work previously permitted but not complete, may be halted
at city direction and a hold may be placed on any future permits until
all restoration is complete.
(c)
Upon failure of an owner to perform such restoration, and five days
after written notice has been given to the owner by the city, and
in the event restoration has not been initiated during such five-day
period, the city may repair such portion of the public rights-of-way
as may have been disturbed by the owner, its contractors or agents.
Upon receipt of an invoice from the city, the owner will reimburse
the city for the costs so incurred within 30 calendar days from the
date of the city invoice.
(d)
If the city determines that the failure of an owner to properly repair
or restore the public rights-of-way constitutes a safety hazard to
the public, the city may undertake emergency repairs and restoration
efforts, after emergency notice has been provided, to the extent reasonable
under the circumstances. Upon receipt of an invoice from the city,
the owner shall promptly reimburse the city for the costs incurred
by the city within 30 calendar days from the date of the city invoice.
If payment is not received within the 30 calendar days, the city shall
initiate a claim for compensation with the appropriate bonding company.
(e)
Should the city reasonably determine, within two years from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet the standards of subsection (a), an owner shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein or available at law or in equity.
(f)
Restoration must be to the reasonable satisfaction of the department.
The restoration shall include but not be limited to:
(1)
Replacing all ground cover with the type of ground cover damaged
during work to a condition equal to or better either by sodding or
seeding, or as directed by the department:
(2)
Adjusting of all manholes and handholes, as required;
(3)
Backfilling all bore pits, potholes, trenches or any other holes
shall be completed daily, unless other safety requirements are approved
by the department. Holes with only vertical walls shall be covered
and secured to prevent entry. If bore pits, trenches or other holes
are left open for the continuation of work, they shall be fenced and
barricaded to secure the work site as approved by the department;
(4)
Leveling of all trenches and backhoe lines;
(5)
Restoration of the excavation site to city specifications;
(6)
Restoration of all paving, sidewalks, landscaping, ground cover,
trees, shrubs and irrigation systems;
(7)
Removal of all locate flags during the cleanup process by the owner
or his/her contractor at the completion of the work.
(Ordinance 748-2017, sec. 3(16),
adopted 8/22/17)
If any of the provisions of this article are not followed, a
permit may be revoked by the director or his/her designee. If a person
has not followed the terms and conditions of this article in work
done pursuant to a prior permit, new permits may be denied or additional
terms required. Revocation shall be effective upon the expiration
of 15 days after written notice of the violation(s), unless cured
during that period, except for violations which pose a threat to public
safety or health, for which the revocation will be immediate upon
delivery of written notice.
(Ordinance 748-2017, sec. 3(17),
adopted 8/22/17)
(a)
Applicability.
Appeals may be filed pursuant to this
section for decisions of the director related to the denial, suspension,
or revocation of a permit. However, the appeal process provided by
this section shall not be available for criminal violations of this
article.
(b)
Appeal to city manager.
A permittee may appeal decisions referred to in subsection (a) above by filing a written appeal with the city manager within seven working days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party’s challenge to the city’s authority under this article, including but not limited to citations to all statutes, regulations, decisions, rulings, and other law or legal authority upon which a permittee relies.
(c)
Issuance of decision by city manager.
Decisions of the
city manager shall be issued within five business days of receipt
of the written appeal. Decisions of the city manager shall be final.
(Ordinance 748-2017, sec. 3(50),
adopted 8/22/17)
No equipment, fixtures, or other personal property erected or
placed in a public right-of-way by any person other than the city
will become or be considered by the city as being affixed to, or a
part of, the public right-of-way. All portions of said personal property
constructed, modified, erected, or placed by a person other than the
city on, across, over, or beneath the public rights-of-way will remain
the property of its original owner unless and until an appropriate
written dedication of property is delivered to the city and a corresponding
written acceptance is issued. The owner of non-city property located
in the public rights-of-way may direct the removal of the property
at any time, subject to any prior notification requirements imposed
by this article or other law and scheduling restrictions relating
to work taking place in the public rights-of-way.
(Ordinance 754-2017, sec. 2.03,
adopted 9/26/17)
(a)
Each owner placing facilities in the public rights-of-way shall promptly
defend, indemnify and hold the city harmless from and against all
damages, costs, losses or expenses:
(1)
For the repair, replacement, or restoration of city’s property,
equipment, materials, structures and facilities which are damaged,
destroyed or found to be defective as a result of the owner’s
acts or omissions; and
(2)
From and against any and all claims, demands, suits, causes of action,
and judgments for (i) damage to or loss of the property of any person
or third party (including, but not limited to the city’s and
owner’s respective agents, officers, employees and an third
parties), and/or (ii) death, bodily injury, illness, disease, loss
of services, or loss of income or wages to any person (including,
but not limited to the agents) arising out of, incident to, concerning
or resulting from the negligent or willful act or omissions of the
owner, its agents, employees, and/or subcontractors, in the performance
of activities governed under this article.
(b)
This indemnity provision shall not apply to any liability resulting
from the negligent or willful acts of the city, its officers, employees,
agents, contractors, or subcontractors.
(c)
The provisions of this indemnity are solely for the benefit of the
city and are not intended to create or grant any rights, contractual
or otherwise, to any other person.
(d)
A permit is automatically revoked if ownership of the facilities
is transferred to any person under terms which do not subject the
new owner(s) to the indemnity and hold harmless requirements of this
article.
(Ordinance 748-2017, sec. 3(75),
adopted 8/22/17)
(a)
Generally.
(1)
An owner must provide acceptable proof of insurance in the total
amount required by this section for permits for construction within
public rights-of-way, or make other provisions acceptable to the director.
(2)
The coverage must be on an “occurrence” basis and must
include coverage for personal injury, contractual liability, premises
liability, medical damages, and underground, explosion and collapse
hazards.
(3)
The owner shall file the required original certificate of insurance
prior to the issuance of a permit. The certificate shall state the
policy number; name of the insurance company; name and address of
the agent or authorized representative of the insurance company; name,
address and telephone number of the insured; policy expiration date;
and specific coverage amounts.
(4)
The owner shall file an annual surety bond, which will be valid for
one full year, from a surety company authorized to do business in
the state, in the amount equal to the estimated amount of the cost
to restore the right-of-way for the work anticipated to be done in
that year, in the event the owner leaves a job site in the right-of-way
unfinished, incomplete or unsafe. The owner may make other provisions,
in lieu of a bond, as acceptable to the director.
(5)
The owner shall file a maintenance bond for 25% of the cost of restoring
the right-of-way for the preceding year. Said bond shall be in force
for two years. The owner may make other provisions, in lieu of a bond,
as acceptable to the director.
(7)
The city will accept certificates of self-insurance issued by the
State of Texas or letters written by the agency in those instances
where the state does not issue such certificates, which provide the
same or better coverage as required herein. However, certificates
of self-insurance must be approved in advance by the city attorney.
(8)
An insurer has no right of recovery against the city. The required
insurance policies shall protect the agency or public infrastructure
contractor and include the city as an additional insured. The insurance
shall be primary coverage for losses covered by the policies.
(9)
Each policy must include a provision that requires the insurance
company to notify the city in writing at least 30 days before canceling
or failing to renew the policy or before reducing policy limits or
coverages.
(b)
Specific insurance requirements.
(1)
Owners.
Each owner applying for a permit shall obtain,
maintain, and provide proof of each of the following types of insurance
and coverage limits:
(A)
Commercial general liability on an occurrence form with minimum limits
of $5,000,000.00 per occurrence and $10,000,000.00 aggregate. This
coverage shall include the following:
(B)
Automobile liability coverage with a minimum policy limit of $1,000,000.00
combined single limit. This coverage shall include all owned, hired
and non-owned automobiles.
(C)
Worker’s compensation and employer’s liability coverage.
Statutory coverage limits for coverage A and $500,000.00 coverage
B employer’s liability is required.
(2)
Contractors and subcontractors.
Each contractor and subcontractor applying for a permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in subsection (b)(1) above; however, the policy limits under the general liability insurance shall be $1,000,000.00 per occurrence and $2,000,000.00 aggregate. All other coverage provisions outlined in subsection (b)(1) above shall apply.
(3)
An owner or contractor that has registered and filed proof of insurance
under in accordance this article [sic] is not required to furnish
separate proof of insurance under this section when obtaining a permit
but must comply with all other requirements of this section.
(4)
A permit is automatically revoked if any owner transfers ownership
of any facilities to any person who does not have insurance coverage
meeting or exceeding all of the requirements detailed above, including,
without limitation, those relating to naming the city as an additional
insured, without express prior written approval from the city.
(Ordinance 748-2017, sec. 3(76),
adopted 8/22/17)
(a)
Applicability.
The requirements and regulations in this
section apply to driveways and other private improvements constructed
in the public right-of-way for the benefit of the adjacent property.
(b)
Driveways.
(1)
A permit shall be required to construct a driveway or to reconstruct,
alter, or repair any driveway approach or other related improvement
located within a public right-of-way.
(2)
Application for such permit shall be made by the owner of the adjacent
property, who shall represent all parties in interest.
(3)
The permit application shall be in writing on a form provided by
the city and shall include a site plan showing in sufficient detail
the nature of the work proposed in the application including location,
width, and related dimension of the proposed driveway and related
improvements.
(4)
The construction, alteration, or repair of a driveway shall conform
to the applicable construction standards and other related development
regulations adopted by the city. The director may apply other design
and construction criteria as deemed necessary.
(5)
The applicant shall furnish all materials necessary for the construction
of the driveway and appurtenances authorized by a permit issued under
this section. All materials shall be of satisfactory quality, and
shall be subject to inspection and approval of the city.
(c)
Other private improvements in public right-of-way.
(1)
A permit is required to construct or make private improvements in
the public right-of- way for the benefit of the adjacent property.
A permit shall only be issued where such private improvements are
specifically authorized by the laws and regulations of the city.
(3)
Permits are not required to plant or replace turf grass, or to repair
an outdoor irrigation system located within a public right-of-way.
(4)
Application for such permit shall be made by the owner of the adjacent
property, who shall represent all parties in interest. The permit
application shall be in writing on a form provided by the city and
shall include a site plan showing in sufficient detail the nature
of the work proposed in the application including location, width,
and related dimension of the proposed improvements.
(5)
The following private improvements are prohibited in public rights-of-way:
(d)
Maintenance and repair.
(1)
The owner of the adjacent property shall be responsible for the perpetual
maintenance and repair of driveways and other private improvements
constructed in the public right-of-way for the benefit of the adjacent
property.
(2)
If the city determines that the failure of an adjacent property owner
to properly repair or maintain a driveway or other private improvement
within a public right-of-way constitutes a safety hazard to the public,
the city may undertake repairs and restoration efforts, after notice
has been provided to the adjacent property owner, to the extent reasonable
under the circumstances. Upon receipt of an invoice from the city,
the owner of the adjacent property shall promptly reimburse the city
for the costs incurred by the city within 30 calendar days from the
date of the city invoice. If payment is not received within the 30
calendar days, the city may file a lien against the adjacent property,
or take any other action allowed in law or in equity.
(3)
The requirements in section 10.03.014 (Restoration of property) and city standard specifications and details for restoration within public rights-of-way apply to all work performed in connection with a permit authorized by this section, and any other work related to improvements constructed in the public right-of-way.
(Ordinance 748-2017, sec. 3(77),
adopted 8/22/17)
In accordance with any applicable state law or tariffs of the
state public utility commission, permit applicants may enter into
agreements with the city and/or third parties to distribute or offset
the costs of non-standard facility installations (i.e., certain underground
installations) which may be required under this article. Such agreements
shall always be in writing, signed by all parties to be bound, filed
with the city, and are subject to approval by vote of the city council
if the city is a necessary party.
(Ordinance 748-2017, sec. 3(80),
adopted 8/22/17)
