For the purposes of this article, the following terms shall have the following meanings:
City.
The city or its city administrator or his designee.
Construction or construction work.
Any of the following activities performed by any person within a public right-of-way:
(1) 
Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent.
(2) 
Modification or alteration to any surface, subsurface, or aerial space within the boundaries of the public right-of-way.
(3) 
Performance, restoration, or repair of pavement cuts or excavations.
(4) 
Reconstruction of any of the work described in this definition.
(5) 
Other similar construction work.
Emergency.
A condition that:
(1) 
Poses a clear and immediate danger to life or health, or an immediate and significant loss of property; or
(2) 
Requires immediate repair or replacement of facilities in order to restore service to a customer.
Facility or facilities.
Includes, but shall not be limited to, any and all plant, equipment, buildings, fixtures, cables, pipelines, splice boxes, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, used, or licensed by any person, that are located or are proposed to be located in any public right-of-way for the purpose of the provision of any utility service to any customer.
Owner.
Any person who owns any facility or facilities that are or are proposed to be installed or maintained in a public right-of-way. The term shall include a contractor, subcontractor, agent or authorized representative of the owner.
Person.
A natural person, a corporation, a service provider, a governmental entity or agency (including the city), a limited liability company, a joint venture, a business trust, an estate, a trust, a partnership, an association, or any other legal entity.
Project.
Any construction or placement of any structure or thing within any public right-of-way.
Public right-of-way.
Any area of land within the city 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 accepted or used in fact or by operation of law as a public roadway, highway, street, sidewalk, alley, utility easement, or utility access easement. The term includes the area on, below, and above the surface of the public right-of-way. The term applies regardless of whether the public right-of-way is paved or unpaved. The term does not include airwaves above the public right-of-way used for wireless telecommunications.
Restore or restoration.
The process by which a public right-of-way is returned to a condition that is at least equal to or better than the condition that existed before construction.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
Any person, firm or corporation violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as provided in section 1.01.009 of this code for each violation, and each day that such violation shall continue to exist constitutes a separate offense.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05; Ordinance adopting Code)
(a) 
Any person, prior to constructing facilities in, on or over the public rights-of-way, must first obtain a permit from the city.
(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, license, right-of-way use agreement or other authorization from the city or state to use the public right-of-way that is in effect on the effective date of this article (ordinance adopted January 3, 2005) may continue to operate under and comply with that authorization, and, in the event this article conflicts with existing authorization, the more restrictive provision shall apply.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
In order to protect the public health, safety and welfare, all persons owning, installing, maintaining, repairing, or using facilities in a right-of-way will register with the city. Registrations and permits will be issued in the name of the person who owns the facilities. Registration must be renewed on or before January 31 of each year. The city shall provide written notification of this renewal requirement. If a registration is not renewed, and subject to sixty-day notification to the owner, the facilities will be deemed to have been abandoned. When any information provided for the registration changes, the registrant shall inform the city of the change no more than thirty (30) days after the date the change is made. Registration shall be on a form provided by the city and must contain, at a minimum, the following information:
(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 permit application, they must be submitted to the city prior to permit issuance;
(4) 
The name(s) and telephone number(s) of an emergency contact who shall be available twenty-four (24) hours a day;
(5) 
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;
(6) 
The owner shall submit two-year projections of their plans for the construction of facilities in the city at the time of registration renewal; and
(7) 
Registration shall be a prerequisite to issuance of a construction permit.
(b) 
Each owner shall update and keep current its registration with the city at all times.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
Generally.
(1) 
No owner or person shall perform any construction or installation of facilities in the right-of-way without first obtaining a construction permit, except as provided herein. Permit applications are required for construction of new, replacement or upgrades of facilities in the right-of-way, whether aerial or underground.
(2) 
Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the city shall be notified in writing within two (2) business days of any emergency-related construction, including a reasonably detailed description of the work performed in the right-of-way. An updated map of any facilities that were relocated, if applicable, shall be provided within 90 days.
(3) 
A permit is not required under this section if the activity in the public right-of-way consists exclusively of:
(A) 
A residential service connection on the same side of the public right-of-way if the connection does not require a pavement cut; or
(B) 
The replacement of a single damaged aboveground pole for aerial wires.
(4) 
Unless approved by the city engineer, the owner and any person acting by, for or through the owner shall not close any traffic lanes or otherwise impede rush hour traffic on major thoroughfares 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 city.
(5) 
All construction and installation in the right-of-way shall be in accordance with the permit. The city shall be provided access to the work and to such further information as it may reasonably require to ensure compliance with the permit.
(6) 
A copy of the permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city at all times when construction work is occurring.
(7) 
All construction work authorized by permit must be completed in the time specified in the permit. If the work cannot be completed in the specified time periods, the owner may request an extension of the time period from the city. The city will use its best efforts to approve or disapprove a request for 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 any person acting by, for or through the owner 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 shall notify the city immediately and, within 24 hours, shall file a supplementary application for the additional construction, excavation, or work.
(9) 
A copy of any permit or approval issued by federal or state authorities for work in a federal or state right-of-way located in the city shall be provided if requested by the city.
(b) 
Application; approval; conditions.
(1) 
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 city. If the owner fails to act upon any permit and begin construction 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.
(2) 
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.
(3) 
Any person requesting a permit will provide the city with documentation in the format specified by the city, at the time of permit submittal, describing:
(A) 
The proposed location and route of all facilities to be constructed or installed and the owner’s plan for right-of-way construction.
(B) 
Three (3) set of engineering plans, including plan and profile, which will be on a reasonable scale, acceptable to the city, unless waived by the city. When required by the Texas Engineering Practice Act, chapter 1001, Texas Occupations Code, as amended, the plans must be sealed by a professional engineer licensed to practice in the state.
(C) 
Detail of the location of all right-of-way and utility easements that the owner plans to use.
(D) 
Detail of existing utilities located in the right-of-way, including the city’s utilities, in relationship to the owner’s proposed route.
(E) 
Detail of what the owner proposes to construct, including size of facilities and materials used, such as pipe size, number of ducts, valves, etc.
(F) 
Detail of plans to remove and replace asphalt or concrete in streets, alleys, sidewalks or other rights-of-way.
(G) 
Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc., including depth located in public rights-of-way.
(H) 
Typical details of manholes and/or handholes the owner plans to use for access.
(I) 
Complete legend of drawings submitted by the owner, which may be provided by reference to previously submitted documents acceptable to the city.
(J) 
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 city.
(K) 
Proof of insurance and bonds as required in this article.
(4) 
A request for a permit must be submitted at least fifteen (15) business days before the proposed commencement of work identified in the request, unless waived by the city.
(5) 
Requests for permits will be approved or disapproved by the city within a reasonable time of receiving all the necessary information. The city will use its best efforts to approve or disapprove a request for permit as soon as possible. The city 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. The city will provide a written notification of denial for rejected permits.
(6) 
The city or the owner can request a preconstruction meeting with the construction contractor.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
All construction shall be in conformance with all city codes and applicable local, state and federal laws.
(b) 
The city must be notified two (2) business days in advance that construction is ready to proceed by either the owner or its contractor or representative. 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 provided]. Such information shall be required prior to the commencement of any work.
(c) 
Public notification of work to be performed.
(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 (7) calendar days, a three-foot by three-foot (3' x 3') 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 forty-eight (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 public right-of-way one hundred (100) feet before the construction location commences, unless other posting arrangements are approved or required by the city.
(3) 
When projects last more than seven (7) calendar days, the owner shall also provide written notification to all adjacent property occupants forty-eight (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 proposed schedule.
(d) 
Erosion control measures (e.g., silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins.
(e) 
Lane closures on major thoroughfares will be limited to one lane between 9:00 a.m. and 3:30 p.m. unless the city grants prior approval. Arrow boards will be required for lane closures on all arterials and collectors, with all barricades, advance warning signs and thirty-six-inch reflector cones placed according to the Texas Manual on Uniform Traffic Control Devices.
(f) 
Without affecting the legal relationship between the owner and its contractor, owners are responsible for the workmanship of, and any damages by, their contractors or subcontractors. A responsible representative of the owner will be available to the city at all times during construction.
(g) 
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, and 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 the federal or state government.
(h) 
The owner or contractor or subcontractor will notify the city immediately of any damage to other utilities, either city or privately owned.
(i) 
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 city and all requirements of the city 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 any guidelines, standards or rules adopted by the city.
(j) 
Installation of facilities must not interfere with city utilities, in particular gravity-dependent facilities. Facilities shall not be located over or within three (3) feet, horizontally or vertically, of any water or sanitary sewer mains unless approved by the city.
(k) 
New facilities must be installed to a minimum depth required by state and federal codes and standards.
(l) 
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.
(m) 
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 12" and sewer mains that are 12" or larger, unless this requirement is waived in writing by the city. 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. The city has available mapping that identifies such mains. The owner is responsible for obtaining and using this information in the design of new facilities. However, the city cannot guarantee the accuracy of its utility location maps or the maps of any other owner of other facilities and the person performing or conducting any construction assumes all risk of interference or damage to preexisting facilities.
(n) 
The working hours in the rights-of-way are 7:00 a.m. to 8:00 p.m., Monday through Friday, unless otherwise approved by the city. Any work performed on Saturday must be approved by the city by 9:00 a.m. on the Thursday prior to the proposed Saturday. No work will be done, except for emergencies, on Sundays or city holidays.
(o) 
Persons working in the right-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.
(p) 
The owner will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the city, the owner shall verify locations by pot-holing, hand digging or other method approved by the city prior to any excavation or boring.
(q) 
Placement of all manholes and/or handholes must be approved in advance by the city. Handholes or manholes will not be located in sidewalks, unless approved by the city.
(r) 
Locate flags shall not be removed from a location while facilities are being constructed.
(s) 
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 city.
(t) 
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 applicant. 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. All persons shall follow all reasonable construction directions given by the city in order to minimize any such interference.
(u) 
All construction shall conform to the city’s tree preservation ordinance.
(v) 
Excavation safety. On construction projects in which excavation will exceed a depth of five (5) feet, the owner must have detailed plans and specifications for excavation safety systems. The term “excavation” includes trenches, structural 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.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
Right-of-way users will provide the city with as-built plans within ninety (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 city. All the requirements specified for the plans submitted for the initial permit, as set forth in this section, shall be submitted and updated in the as-built plans. Users which have facilities in the right-of-way existing as of the date of this article (January 3, 2005) who have not provided as-built plans shall provide one-quarter of the information concerning facilities in city rights-of-way within one (1) year after the passage of this article and one-quarter each six (6) 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. The owner shall include one 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 city may not disclose that information to the public without the consent of the owner, unless otherwise compelled by law 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.
(c) 
This requirement, or portions of this requirement, may be waived by the city for good cause.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
Whenever, by reason 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 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 ninety (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 thirty (30) calendar days.
(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. 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 twenty-four (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 thirty (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 fifteen (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 2005-01-00516, sec. 1, adopted 1/3/05)
(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;
(4) 
The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the city or the plans approved by the city.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(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 city.
(b) 
Restoration must be made within ten (10) working days of completion of trench backfill for a length of three hundred (300) feet, or within the limits of one city block, unless otherwise approved by the city. 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 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 (5) 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 thirty (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 thirty (30) calendar days from the date of the city invoice. If payment is not received within the thirty (30) calendar days, the city shall initiate a claim for compensation with the appropriate bonding company.
(e) 
Should the city reasonably determine, within two (2) 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 this section, an owner shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein.
(f) 
Restoration must be to the reasonable satisfaction of the city. 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 city;
(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 city. 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 city;
(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 2005-01-00516, sec. 1, adopted 1/3/05)
If any of the provisions of this article are not followed, a permit may be revoked by the city. 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 fifteen 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 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
Applicability.
Appeals may be filed pursuant to this section for decisions of the city 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 administrator.
A permittee may appeal decisions referred to in this section by filing a written appeal with the city administrator within seven (7) 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.
(c) 
Issuance of decision by city administrator.
Decisions of the city administrator shall be issued within five (5) working days of receipt of the written appeal. Decisions of the city administrator shall be final.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(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 the 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;
(2) 
From and against any and all claims, demands, suits, causes of action, and judgments for:
(A) 
Damage to or loss of the property of any owner (including but not limited to the owner and its agents, officers, employees and subcontractors, the city’s agents, officers and employees, and third parties); and/or
(B) 
Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any owner (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 or its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article.
(b) 
This indemnity provision shall not apply to any liability resulting from the negligent or willful acts of the city or 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 owner or entity.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
General requirements.
(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 city.
(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) 
Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits.
(4) 
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.
(5) 
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 city. The city may waive the requirement if the owner submits documentation, in a form acceptable to the city attorney, that demonstrates the owner has assets in excess of 10 million dollars.
(6) 
The owner shall file a maintenance bond for twenty-five percent (25%) of the cost of restoring the right-of-way for the preceding year. Said bond shall be in force for two (2) years. The owner may make other provisions, in lieu of a bond, as acceptable to the city. The city may waive the requirement if the owner submits documentation, in a form acceptable to the city attorney, that demonstrates the owner has assets in excess of 10 million dollars.
(7) 
The above requirements may be met by utilities with a current franchise, license or municipal authorization if their current franchise, license or municipal authorization adequately provides for insurance or bonds or provides an indemnity in favor of the city.
(8) 
The city will accept certificates of self-insurance issued by the state or letters written by the agency in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, certificates of self-insurance must be approved in advance by the city.
(9) 
An insurer has no right of recovery against the city. The required insurance policies shall protect the owner or contractor and include the city as an additional insured. The insurance shall be primary coverage for losses covered by the policies.
(10) 
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 requirements.
(1) 
Owners.
Each owner applying for a permit shall obtain, maintain, and provide proof of the 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 per occurrence and $10,000,000 aggregate. This coverage shall include the following:
(i) 
Products/completed operations to be maintained for one year.
(ii) 
Personal and advertising injury.
(iii) 
Owners and contractors protective liability.
(iv) 
Explosion, collapse, or underground (XCU) hazards.
(B) 
Automobile liability coverage with a minimum policy limits of $1,000,000 combined single limit. This coverage shall include all owned, hired and non-owned automobiles.
(C) 
Workers’ compensation and employer’s liability coverage. Statutory coverage limits for Coverage A and $500,000 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 (1) above; however, the policy limits under the general liability insurance shall be $1,000,000 per occurrence and $2,000,000 aggregate. All other coverage provisions outlined in this section shall apply.
(c) 
Previous proof of insurance.
An owner or contractor that has registered and filed proof of insurance under this article 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.
(Ordinance 2005-01-00516, sec. 1, adopted 1/3/05)
(a) 
Exemptions.
Network providers are exempted from the following fees provided for in this article:
(1) 
Permit application fee, including expedited application fee and permit expiration fee;
(2) 
Additional permit fee; and
(3) 
Registration fee.
(b) 
Network provider fees.
(1) 
Annual network node rate.
Network providers shall pay the city an annual network node rate for each location for which network provider has obtained permit(s) for the installation of network nodes, regardless of whether or not a network provider installs network nodes in the public right-of-way. The amount of the annual network rate shall be set in city’s fee schedule. The annual network node public right-of-way rate payment for the first year at any location (“initial annual network node payment”) begins accruing when the permit is issued and is due 30 days after network provider obtains a permit to install or collocate a network node at the location. The initial annual network node payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date.
(2) 
Subsequent years annual network node rate due date.
The annual network node public right-of-way rate for every year after the initial annual network node payment shall be paid in advance on or before September 30th of each calendar year for each network node in the public right-of-way for the next calendar year period.
(3) 
Annual network node rate adjustment.
The city may adjust the annual network node public right-of-way rate by an amount equal to one-half the annual change in the Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics. The city shall provide written notice to each network provider of the new rate, and the rate shall apply to the first payment due to the municipality on or after the 60th day following that notice.
(4) 
Monthly transport fee.
To the extent a network provider has transport facilities permitted from the network nodes in the public right-of-way it shall pay the city a monthly transport facilities fee on a quarterly basis, in the amount set in the city’s fee schedule, as adopted in appendix C of the Code of Ordinances, which begins accruing when the permit is issued. This transport facility fee is in addition to any annual network node public right-of-way rate payment required by ch. 284, Section 284.053.
(5) 
Application and permit fees.
A network provider shall pay the city the small cell application fee set forth in the city’s master fee schedule contemporaneously with the submittal of the application for the permits.
(Ordinance 2018-12-00887 adopted 12/6/18)
A network provider shall comply with the city’s design manual for the installation of network nodes and node support poles, as amended. Any applications submitted for installation of network nodes, node support poles and related equipment, the plans and specifications of which do not comply with the design manual, will not be approved unless a request for alternate means or method, or a waiver, has been granted.
(Ordinance 2018-12-00887 adopted 12/6/18)
(a) 
A person may file a request with the city manager or city manager’s designee to use alternate means or methods in right-of-way construction or maintenance. In determining whether any requirement may be waived or if an alternate method or means may be used, the city manager or city manager’s designee may consider all reasonable factors, including but not limited to:
(1) 
Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in risk;
(2) 
Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase of service interruption;
(3) 
Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in potential for liability for accidents;
(4) 
Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in construction;
(5) 
Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in availability of services; or
(6) 
To any other unreasonable technical or economic burden.
(b) 
There shall be no right to receive permission to use an alternative means or method and denial by the city manager’s or their designee shall be final.
(Ordinance 2018-12-00887 adopted 12/6/18)