The purpose of this article is to:
(1)
Assist in the management of public rights-of-way in a non-discriminatory
and competitively neutral manner.
(2)
Govern the use and occupancy of the rights-of-way by certificated
telecommunications providers, cable service providers, electric distribution
systems, gas distribution systems, and all other persons expressly
authorized by the city or state law to construct and maintain facilities
in the public rights-of-way.
(3)
Assure that the city can continue to fairly and responsibly protect
the public health, safety and welfare and effectively manage its rights-of-way
as a vital public resource.
(4)
Minimize the disruption, damage, or alteration of existing trees,
vegetation, and ground cover in the city’s public rights-of-way.
(5)
Minimize the congestion, inconvenience, visual impact, costs, and
other adverse effects of construction in and use of the city’s
public rights-of-way.
(6)
Conserve the limited capacity of the city’s public rights-of-way
held in public trust by the city.
(7)
Preserve the physical integrity of and control the orderly flow of
vehicles and pedestrians on the city’s public rights-of-way.
(8)
Assist the city in its efforts to identify the different entities
using the city’s public rights-of-way.
(Ordinance 913-20 adopted 1/27/20)
Whenever used in this article, the following terms, as well
as their singular, plural, and possessive forms, shall have the following
definitions and meanings, unless the context of the sentence in which
they are used indicates otherwise:
As defined in the Cable Communications Policy Act of 1984,
as amended, 47 U.S.C.A. §522 et seq.
A person who has been issued a certificate of convenience
and necessity, certificate of operating authority, or service provider
certificate of operating authority by the public utility commission
to offer local exchange telephone service.
The City of Navasota, Grimes County, Texas, a duly incorporated
municipality.
The city council of the City of Navasota, Texas.
Any district or authority created by authority of either Texas Constitution, art. III, § 2(b)(1)–(2), or art. XVI, § 59.
Any and all of the duct spaces, manholes, lines, wires. fibers,
poles, conduits, underground and overhead passageways, and other equipment,
structures, plant and appurtenances, and all associated transmission
media placed in, on, over or under the public rights-of-way, including
wires, cables and pipelines.
A person that the city has expressly granted the authority
to use, occupy and construct facilities within the city’s public
rights-of-way pursuant to a duly enacted franchise ordinance. The
term also includes certificated telecommunications providers, districts,
and water supply corporations.
A natural person (an individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint
stock company or association, cooperative, utility, public utility,
retail public utility, district, water supply corporation, political
subdivision and any other legal entity.
“As built” construction plans, maps, and drawings
used in the ordinary course of business and as reasonably required
by the city of facilities in the public rights-of-way.
The area on, below, above or adjacent to a public roadway,
highway, street, public sidewalk, alley, waterway, or utility easement,
in which the city has an interest. The term does not include the airwaves
above a right-of-way with regard to wireless telecommunications.
As that term is used in the Public Utility Regulatory Act
of 1995, Texas Utilities Code, §11.004, including municipally
owned and/or operated utilities, and also means a “gas utility”
as that term is defined in the Gas Utility Regulatory Act, Texas Utilities
Code, §101.004, including municipally owned and/or operated utilities.
The rent, sale or lease, of plant, equipment, facilities,
or other property for the transmission of voice, data, image, graphics
and other communications between or among points by wire, fiber optics,
or other similar facilities, but does not include the provision to
the public of any “wireless service,” as defined by law,
and does not include long-distance transmissions (inter-LATA and intra-LATA
toll transmissions).
As used in the Public Utility Regulatory Act of 1995, Texas
Utilities Code, section 51.002(11).
Installation, construction, re-construction, maintenance,
or repair, of any facilities in, over, under, along, through or across
the public rights-of-way for any purpose whatsoever.
A nonprofit water supply or sewer service corporation created
or operating under Texas Water Code chapter 67.
(Ordinance 913-20 adopted 1/27/20)
City hereby recognizes that it has the legal duty to ensure
that it will not create physical or economic barriers to any grantee
attempting to enter the market, and to ensure that all city regulations
are imposed in a competitively neutral manner.
(Ordinance 913-20 adopted 1/27/20)
This article shall be construed in accordance with the other
city ordinances in effect on the date of passage of this article and
as may be amended from time to time to the extent that such article
is not in conflict with or in violation of the Constitution and laws
of the United States or the state.
(Ordinance 913-20 adopted 1/27/20)
(a)
General.
No person shall use, occupy or construct facilities
in, upon, over or under the city’s public rights-of-way, without
first having applied for and received a franchise or other authorization
from the city unless otherwise provided by law.
(b)
Certificated telecommunications providers.
Pursuant
to Texas Local Government Code chapter 283, a CTP is not required
to obtain a franchise. A CTP is subject to all other provisions of
this article.
(Ordinance 913-20 adopted 1/27/20)
(a)
Registration required.
(1)
No person shall use, maintain, operate, occupy or construct facilities
in, upon, over, or under the city’s public rights-of-way without
having registered with the city in accordance with the following provisions.
In order to protect the public health, safety and welfare, all persons
using or occupying the rights-of-way will register with the city.
Registration will be issued in the name of the person who will own
the facilities. Registration must be renewed every five (5) years.
If a registration is not renewed, subject to sixty (60) day notification
to the owner, the facilities of the user will be deemed to have been
abandoned.
(2)
All persons using or occupying the city public rights-of-way must
register within ninety (90) days after the effective date of this
article.
(3)
Persons possessing a current franchise issued by the city do not
need to register under this section.
(b)
Required information.
Registration shall be on a form
prescribed by the city and shall include:
(1)
The name of the user of the rights-of-way;
(2)
The name, address and telephone number of the people who will be
contact person(s) for the user;
(3)
The name, address and telephone number of any and all contractors
or subcontractors who will be working in the rights-of-way on behalf
of the user;
(4)
The name(s) and telephone number of an emergency contact who shall
be available twenty-four (24) hours a day;
(5)
Proof of insurance, as specified in section 13.08.008(b).
(6)
When any information provided in the registration changes, the user
shall inform the city of the change no more than thirty (30) days
after the date the change is made.
(Ordinance 913-20 adopted 1/27/20)
(a)
Rights-of-way construction permits.
(1)
No person shall excavate, contract, install, repair or maintain facilities
in, upon, over or under the city’s public rights-of-way or affect
traffic flow without first having applied for and received a nonexclusive
rights-of-way construction permit from the city in accordance with
the following provisions. Persons, including grantees, are required
to obtain a rights-of-way construction permit prior to conducting
land-disturbing activities for any reason in the public rights-of-way.
(2)
A permit shall not be required for the installation of facilities
necessary to initiate service to a customer’s property, or repair
or maintenance of existing facilities unless such repair or maintenance
requires the breaking of pavement, the closure of a nonresidential
traffic lane, excavation or boring.
(3)
No permit shall be issued unless the grantee has a valid franchise, as provided by section 13.08.005, above, and the grantee is in full compliance with all terms of the franchise, including payment of any franchise fees.
(4)
No permit shall be issued unless the grantee has registered with the city, as provided by section 13.08.006, above.
(5)
The rights-of-way construction permits shall be available at a cost
of twenty-five dollars ($25.00) and shall not be unreasonably delayed
or withheld by the city.
(6)
On a form prescribed by the city, the grantee shall provide the following
information in order to apply for a rights-of-way construction permit.
(A)
The name of the grantee;
(B)
The name, address and telephone number of the contact person(s) for
the grantee;
(C)
The name, address and telephone number of any and all contractors
or subcontractors performing the work;
(D)
A detailed description of the project, duration of the project, location
of the desired work, erosion control plan, and proposal for lane closures,
if any; and
(E)
Proof of insurance and a surety bond, as specified in section 13.08.008(b) and (c).
(F)
Provide documentation that verifies locations of existing utilities
to avoid tolerance zone issues.
(G)
Provide a detailed description of the excavation methods and procedures
to be utilized, and the associated measures to be implemented to protect
and promote the health and safety of the public.
(7)
A copy of the permit and engineering plans shall be maintained at
the construction site and made available for inspection by the city
at all times when construction or installation work is occurring.
(8)
If any of the provisions of this article are not followed, a permit
may be revoked by the city manager or the city manager’s designee.
If a person has not followed the terms and conditions of this article
and work done pursuant to a prior permit, new permits may be denied
or additional terms required.
(9)
Appeal from denial or revocation of permit or from the decision of
the city manager or the city manager’s designee shall be to
the city council. Appeal shall be filed with the city secretary within
fifteen (15) calendar days from the date of the decision being appealed.
(10)
The city shall assign the location in, across, along, over, or under
the public right-of-way among competing users with due consideration
to each user type and the public health, safety and welfare. Based
on these considerations, the city may prohibit a person from using
the public right-of-way, unless expressly prohibited to do so by state
or federal law. A construction permit is not transferable or assignable
to any person other than the grantee without the prior written approval
of the city.
(b)
Construction and maintenance of facilities.
(1)
Facilities installed by grantee in city shall be placed underground
and shall be under construction within sixty (60) days of a developer’s
request and assurance that the site is ready for utility installation.
Grantee shall maintain good faith efforts toward completion of the
installation of facilities. Surface equipment may be installed at
any time provided no excessive damage to infrastructure occurs.
(2)
Final or record plats of approved subdivisions may be obtained from
the county. When any final or record plat has been signed by the property
owner and approved by the city, a grantee may begin construction and
installation of facilities in the utility easements as depicted in
the final or record plat.
(3)
Pursuant to the laws of the state and this article, grantee has the
non-exclusive right and privilege to use and occupy the public rights-of-way
in city for the purpose of maintaining and operating its facilities
subject to the terms, conditions, and stipulations set forth in this
article, the Constitution and Laws of the United States and the state
and the city’s ordinances to the extent such ordinances are
not in conflict herewith.
(4)
Grantee’s facilities and transmission media used in or incident
to the provision of services and to the maintenance of a business
by grantee in city shall remain as now constructed, subject to such
changes under the conditions prescribed in this article as may be
considered necessary to protect the public health and safety, and
such changes and extensions as may be considered necessary by grantee
in the pursuit of its business. Grantee shall at all times during
the term of this article be subject to all lawful exercise of the
police power by city in the operation and maintenance of the public
rights-of-way. The terms of this article shall apply throughout city
and shall apply to all of grantee’s facilities.
(5)
The permitted working hours in the rights-of-way are 7:00 a.m. to
6:00 p.m., Monday through Friday. Work that needs to be performed
after 6:00 p.m. Monday through Friday must be approved by the city
in advance. Any work performed on Saturday must be approved twenty-four
(24) hours in advance by the city. Directional boring is permitted
only Monday through Friday 7:00 a.m. to 6:00 p.m., unless approved
in advance. No work will be done, except for emergencies, on Sundays
or legal holidays, unless approved in advance.
(c)
Location of facilities.
All facilities shall be constructed,
installed and located in accordance with the following terms and conditions:
(1)
All cables, wires, telephone lines, pipelines and other facilities
installed are required to be placed underground. Such facilities shall
be installed within its existing underground duct or conduit or on
existing poles whenever excess capacity exists within such facility.
(2)
All facilities in a public right-of-way shall be constructed, installed,
placed, and maintained with the utmost diligence so that such facilities
will not:
(A)
Endanger the lives of any person;
(B)
Unnecessarily inconvenience the public or residents of the city;
(C)
Unreasonably interfere with any city improvements;
(D)
Obstruct the free use of public easements, public grounds, or public
right-of-ways;
(E)
Interfere with any existing facilities, traffic-control signals,
streetlights, fire lines, or communication lines; or
(F)
Obstruct or hinder in any manner the various utilities serving city
residents.
(3)
In determining whether any requirement under this section is unreasonable
or unfeasible, the city manager or the city manager’s designee
shall consider, among other things, whether the requirement would
subject grantee to an unreasonably increased risk of service interruption,
to an unreasonably increased liability for accidents, to an unreasonable
delay in construction or in the availability of its services, or to
any other unreasonable technical or economic burden.
(d)
Damage to property.
Grantee, or any person acting on
grantee’s behalf, shall not take any action or permit any action
to be done which may impair or damage any city property or other property
located in, on or adjacent to the public rights-of-way. Nothing in
this article relieves a grantee, municipality, or any other person
or entity from its obligations to obtain locates of underground facilities
before excavation as required by the Underground Facility Damage Prevention
and Safety Act, Texas Utilities Code, section 251.001, et seq.
(e)
Notice of repair and emergency work.
Grantee, or any
person acting on grantee’s behalf, shall not commence any work
in or about city property or public rights-of-way without providing
seven (7) days advance notice to city. If an emergency exists which
makes advance notification impossible, the grantee may begin that
response or repair work, or take any action required under the circumstances,
provided that notice to the city is given as promptly as possible
after beginning the work, and grantee acquires any approval required
by city ordinances applicable to emergency response work.
(f)
Maintenance of facilities.
Grantee shall maintain its
facilities in a good and safe condition and in a manner that complies
with all applicable law.
(g)
Relocation or removal of facilities.
(1)
Grantee may not locate or maintain its facilities so as to unreasonably
interfere with the use of city property or public rights-of-way by
city or by other persons authorized to use or be present in or upon
city property or public rights-of-way. In the event of unreasonable
interference to city property or public rights-of-way, such facilities
shall be moved by grantee, temporarily or permanently, as determined
by the city manager or the city manager’s designee upon reasonable
notice. If the temporary removal of grantee’s aerial facilities
is necessary to permit the moving of houses or other bulky structures,
grantee shall be required to temporarily remove the same upon not
less than twenty (20) days advance notice by a party permitted to
move a building, house or other bulky structure. Upon a showing that
twenty (20) days does not afford a grantee adequate time to arrange
removal of facilities, the parties shall agree upon a schedule which
shall not unreasonably delay the moving of houses or other bulky structures.
The expenses of such temporary relocation or removal of aerial facilities
shall be paid in advance by the party or parties requesting and benefiting
from such temporary relocation or removal.
(2)
Within thirty (30) days following written notice from city, or a
mutually agreed upon time frame, grantee shall, without claim for
reimbursement or damages against city, temporarily or permanently
(as determined by the city) remove, relocate, change or alter the
position of any facilities on city property or within the public rights-of-way
whenever city officials determine that such removal, relocation, change
or alteration is reasonably required for the widening or straightening
of streets.
(3)
In any instance in which operation of subsection (2) above is deemed by grantee to impose a significant financial hardship, grantee shall have the right to present alternative proposals to city, and city shall give due consideration to any such alternative proposals.
(4)
If after proper notice, grantee fails or refuses to remove or abate
the facilities in question, city retains the rights and privilege
to remove or abate any such utility facilities, at the sole cost and
expense of grantee. In performing or permitting such work to be done,
city shall not be liable to any carrier or any grantee for any damages
to any utility facilities unless directly and proximately caused by
the willful, intentional or malicious act by city, and shall not be
liable in any event for any consequential damages relating to service
interruptions.
(h)
Emergency removal or relocation of facilities.
City
retains the right and privilege to cut or move any facilities located
on city property or within the public rights-of-way that the city
may determine to be necessary, appropriate or useful in response to
any public health or safety emergency. City shall cooperate to the
extent possible with grantee in such instances to assure continuity
of service, and to afford grantee the opportunity to make such relocation
and/or removal itself where deemed reasonable, at city’s sole
discretion. City shall use all reasonable means to minimize the disruption
of service.
(i)
Restoration of public rights-of-way and city property.
(1)
When grantee, or any person acting on its behalf, does any work in
or affecting any public rights-of-way or city property, it shall at
its own expense, promptly remove any obstructions and restore such
public rights-of-way or city property to as good a condition as existed
before the work was undertaken, including the compaction of all trench
fill material in accordance with applicable regional standards. Soil
testing shall be undertaken at all street crossings and as requested
by the city, and as is required of all other users of the public rights-of-way.
(2)
Grantee shall replace and properly repair the surface, base, irrigation
system and landscape treatment of any public rights-of-way that may
be excavated or damaged by reason of the erection, construction, maintenance,
or repair of the grantee’s facilities within ten (10) calendar
days after completion of the work in accordance with existing standards
of the city in effect at the time of the work.
(3)
If weather or other conditions do not permit the complete restoration
required by this section, grantee shall temporarily restore the affected
rights-of-way or property. Such temporary restoration shall be at
grantee’s sole expense and grantee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
(4)
Grantee shall contain all sediment within the work area using erosion
control measures and erosion limiting construction techniques. Grantee
shall submit a construction erosion control plan with all permit applications.
All construction materials shall be cleared from rights-of-way by
the end of every business day. A waiver may be granted for this requirement.
(5)
Grantee or other person acting on its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for
the safety of all members of the general public and to prevent injury
or damage to any person, vehicle or property by reason of such work
in or affecting such rights-of-way or property.
(6)
If the grantee, or any person acting on grantee’s behalf, fails
to restore the public rights-of-way within ten (10) calendar days
after completion of the work, or if the city council determines that
the situation poses an immediate danger to the public, then the city
on its own initiative may undertake restoration activities and the
city’s actual costs of restoration shall be charged to the grantee.
In the event of restoration by the city, grantee shall remain subject
to the criminal fines and civil penalties provided by this article
in addition to the obligation to reimburse the city the actual costs
of restoration.
(7)
If, within one (1) year from the completion of the restoration work,
the city reasonably determines that additional restoration is needed
to place the public right-of-way or other property in as good a condition
as the public right-of-way or other property was in immediately prior
to the person’s disturbance, damage or injury, then the person
shall perform such additional restoration at the person’s sole
cost and expense, and to the satisfaction of the city.
(j)
Plans of record.
(1)
Within sixty (60) days of completion of each new permitted section
of grantee’s facilities, the grantee shall supply the city with
a complete set of “as built” plans of record for the new
permitted section in a format used in the ordinary course of business
of the grantee’s business, to the extent they are prepared in
the ordinary course of business, but excluding customer specific,
proprietary or confidential information and as reasonably prescribed
by city, and as allowed by law. The city may, at its discretion, accept
any reasonable alternative to “as built” plans of record
which provides adequate information as to the location of facilities
in the public rights-of-way.
(2)
Grantee shall maintain maps of all of grantee’s facilities
located on city property or within the public rights-of-way and shall
promptly locate its facilities at city’s request.
(3)
As part of the “as built” plans the grantee shall also
submit GIS line data showing GPS accurate locations of facilities
installed within the rights-of-way to the city for GIS mapping purposes.
(k)
Duty to provide information.
Within ten (10) days of
a written request from city manager or the city manager’s representatives,
grantee shall furnish city with information directly related to the
grantee’s use, occupancy or construction within or upon a public
rights-of-way and as otherwise required by state law to be furnished
to the city.
(Ordinance 913-20 adopted 1/27/20; Ordinance 918-20 adopted 3/9/20)
(a)
Indemnity.
(1)
The grantee shall, at its sole cost and expense, indemnify, defend
and hold harmless the city, its officers, councils, commissions, agents
and employees, against and from any and all claims, demands, causes
of actions, suits, proceedings, damages, liabilities and judgments
of every kind arising out of or due to the grantee’s construction,
maintenance, or operation of a system in the city, including but not
limited to damages for injury or death or damages to property, real
or personal, and against all liabilities to others and against all
loss, cost and expense, resulting or arising out of any of the same.
(2)
The indemnity provided by this subsection does not apply to any liability
resulting from the negligence of the municipality, its officers, employees,
contractors, or subcontractors. If a grantee and the municipality
are found jointly liable by a court of competent jurisdiction, liability
shall be apportioned comparatively in accordance with the laws of
this state without, however, waiving any governmental immunity available
to the municipality under state or federal law and without waiving
any defenses of the parties under state or federal law. This section
is solely for the benefit of the municipality and grantee and does
not create or grant any rights, contractual or otherwise, to any other
person or entity.
(3)
Grantee or city shall promptly advise the other in writing of any
known claim or demand against the grantee or city related to or arising
out of the grantee’s activities in a public right-of-way.
(b)
Grantee insurance.
(1)
Each grantee shall secure and maintain the following liability insurance
policies.
(B)
Worker’s compensation for grantee’s employees within
statutory limits.
(C)
The liability insurance policies required by this section shall be
maintained by grantee throughout the term during which grantee is
otherwise operating within public rights-of-way, or is engaged in
the removal of its facilities.
(2)
Such liability insurance shall be kept in full force and effect by
the grantee during the existence of this franchise and thereafter
for a period of not less than twelve (12) months.
(3)
An insurer has no right of recovery against the city, and no recourse
against the city for a grantee’s non-payment of premiums or
assessments.
(4)
Insurance policies and certificates must be issued from an insurance
company licensed to do business in the state. Insurance policies and
certificates issued by insurance companies not licensed to do business
in the state are not acceptable.
(5)
Unless otherwise precluded by law, grantee may satisfy one or more
of the insurance requirements specified in this section through self-insurance.
In no event shall a self-insurance proposal be approved absent city’s
satisfaction that grantee is in a sound financial condition, which
shall be evidenced by a letter of self-insurance to be provided to
city.
(c)
Bonds.
(1)
The city manager or the city manager’s designee may waive the
requirement of a bond, if grantee is able to demonstrate financial
responsibility by having assets in excess of an amount determined
appropriate by the city manager. In the event the city manager determines
a bond is required, due to insufficient assets or a demonstration
that the grantee is not adequately or promptly fulfilling its responsibilities
in the public rights-of-way, it shall meet the requirements of this
section.
(2)
To the extent not maintained by an affiliate, grantee shall annually
obtain, maintain and file with the city secretary, a corporate surety
bond with a surety company authorized to do business in the state,
and found acceptable by city attorney, in the amount of seventy-five
thousand and no/100 dollars ($75,000.00), or of the estimated amount
of the value of work anticipated to be done in that year, whichever
is greater, to guarantee the restoration of the rights-of-way in the
event the grantee leaves a jobsite in the rights-of-way unfinished,
incomplete, unsafe or unreasonably delays the completion of the construction.
Grantee shall provide this corporate surety bond within thirty (30)
days of the issuance of a permit under this article but prior to commencement
of construction. Should a grantee without a bond in place leave a
jobsite in the rights-of-way unfinished, incomplete, unsafe or unreasonably
delays the completion of construction, grantee will pay the actual
cost of restoring the rights-of-way, plus an administrative fee to
reimburse the city’s cost of overseeing any such restoration.
(3)
The rights reserved to city with respect to the bond are in addition
to all other rights of city, whether reserved by this article or authorized
by law; and no action, proceeding or exercise of a right with respect
to such bond shall affect any other right city may have.
(4)
The bond shall contain the following endorsement:
“It is hereby understood and agreed that this bond may
not be canceled by the surety nor any intention not to renew be exercised
by the surety until sixty (60) days after the receipt by City of Navasota,
by registered mail, of written notice of such intent.”
(5)
Pursuant to Texas Water Code §49.220, this subsection does not
apply to districts and water supply corporations.
(d)
Assignments of transfers of business.
The city requires
grantee to maintain a current point of contact information and provide
notice of a transfer or assignment of business ownership or control.
(e)
Notice.
(1)
All notices to city shall be in writing via certified mail, return
receipt requested, to:
|
Right-of-Way Manager
City of Navasota
P.O. Box 910
Navasota, Texas 77868
|
(2)
All notices to grantee shall be in writing via certified mail, return
receipt requested, to the contact person and address provided by grantee
to the city upon execution of this article. Notice shall be deemed
effective when mailed to the most recent address provided by grantee
to city.
(3)
Any change in the address, telephone number or fax number of grantee
or city shall be furnished to the other within a reasonable time.
(Ordinance 913-20 adopted 1/27/20)
(a)
The city may, at reasonable times but not more than once annually
unless there is good cause, make inquiries pertaining to compliance
with this article and grantee shall respond to such inquiries on a
timely basis.
(b)
City may establish, after reasonable notice, such rules and regulations
as may be appropriate for the administration of this article in the
construction of grantee’s facilities on city property to the
extent permitted by law.
(c)
The city shall have the right to lay, and permit to be laid, cable,
electric, gas, water, wastewater, and other pipelines, cables, conduits
or facilities and to do and permit to be done, underground and overhead
installation in, across, along, over or under any street, alley, highway,
public right-of-way or public property occupied by the grantee and
to change any curb or sidewalk or grade of any street.
(Ordinance 913-20 adopted 1/27/20)
The city council is authorized in specific cases to issue a
variance from the strict and literal terms of this article if the
council expressly finds as follows:
(1)
The variance is not contrary to the public interest;
(2)
Due to special conditions, a literal enforcement of this article
would result in unnecessary hardship; and
(3)
The spirit of this article will be observed and substantial justice
will be done.
(Ordinance 913-20 adopted 1/27/20)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this article is violated shall
constitute a separate offense. An offense under this article is a
misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to $500.00 a day when it is shown that the defendant
was actually notified of the provisions of this article and after
receiving notice committed acts in violation of this article or failed
to take action necessary for compliance with this article; and
(3)
Other available relief.
(Ordinance 913-20 adopted 1/27/20)
(a)
General.
All ordinances or parts of ordinances in force
when the provisions of this article become effective which are inconsistent
or in conflict with the terms and provisions contained in this article
are hereby repealed only to the extent of any such conflict.
(b)
Franchises.
Should all or part of this article be inconsistent
or conflict with a specific franchise ordinance adopted by the city,
the two shall be read together to the extent possible, otherwise,
specific provisions contained within the franchise ordinance shall
govern as to that particular grantee.
(c)
Amendments.
Grantees shall, at all times, be subject
to the lawful exercise of the city’s police power and regulatory
authority and such reasonable and authorized regulations as the city
shall hereafter by resolution or ordinance provide.
(d)
New annexed areas.
This article shall apply in newly
annexed areas upon the date of annexation.
(Ordinance 913-20 adopted 1/27/20)
