(a) 
Applicability.
This article shall be effective within the municipal limits of the city, including any areas that may be subsequently annexed by the city.
(b) 
Purpose.
The city recognizes that, in the interest of general welfare and in order to allow for the provision of public services, the use of public rights-of-way by utilities is sometimes necessary. However, the primary purpose of the city rights-of-way is to meet the need of the public for efficient and safe transportation routes and the passage of pedestrian and vehicular traffic. This article is designed to:
(1) 
Insure that this primary purpose is maintained and the public safety is protected while minimizing public inconvenience; and
(2) 
Reconcile the use of rights-of-way by public utilities and between competing uses of the rights-of-way by public and private installations, roadways, city utility systems, facilities and properties.
(c) 
Scope.
This article does not grant any rights to use or occupy the city’s rights-of-way but is intended to impose reasonable regulations on the use of the city rights-of-way by utilities and/or persons authorized by franchise, permit, license or by law to place and maintain equipment and facilities within the right-of-way.
(d) 
Construction.
For any entity governed by chapter 284 of the Texas Local Government Code, in the event of a conflict between this article and chapter 284 of the Texas Local Government Code, including any design manual adopted in accordance therewith, the state law and design manual shall control.
(Ordinance 664 adopted 9/13/17)
City manager.
The city manager, or their designee including any consulting engineer retained by the city to assist in enforcing this article.
Facilities.
The plant and equipment of a public utility and includes property owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of the public utility.
Permit holder.
Any utility, person, partnership, association or corporation who has been issued a permit under the provisions of this article and who is legally responsible for complying with the provisions of the permit.
Public utility or utility or user.
Includes but is not limited to any electric utility, gas utility, telecommunications utility, cable company, water utility, sewer utility or wireless service provider governed by chapter 284 of the Texas Local Government Code.
Rights-of-way, right-of-way, street or public right-of-way.
The surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by or under the control of the city, to which the city holds the property rights in regard to the use for utilities.
(Ordinance 664 adopted 9/13/17)
(a) 
Right-of-way construction.
No utility, person, partnership, association or corporation shall, without the city’s participation, grade, fill, pave, repave, construct, reconstruct, alter, repair, excavate, or replace any public street or right-of-way or any portion of any public street or right-of-way within the city limits, without first obtaining a permit to do so from the city in accordance with this article. Additionally, no utility or other person shall install, modify or repair any facility or facilities that will encroach upon or be located in, on, or within any right-of-way without first obtaining a permit authorizing such installation, modification or repair to do so from the city in accordance with this article.
(b) 
Placing equipment or facilities within the right-of-way.
No utility, person, partnership, association or corporation shall construct, reconstruct, replace, or install any type of equipment, pole or facility that will encroach upon or be located in, on, or within a right-of-way street, alley, or other right-of-way within the city limits, without first obtaining a permit to do so from the city. In addition to what may be otherwise required in this article, the application shall set forth the type of equipment, pole or facility being installed, the location of the equipment, pole(s) or facilities and the name of the licensed engineer who will supervise said project. The granting or refusing of such permit shall rest exclusively with the city manager.
(c) 
Franchise rights preserved.
Any utility already lawfully located within the right-of-way pursuant to an approved franchise ordinance may still occupy such right-of-way in accordance with the terms of such franchise ordinance. Nothing in this article shall be construed to replace or supplant any preexisting franchise ordinance approved by the city council and all terms and conditions outlined herein are to be read in conjunction with the terms of such ordinance. In the event of a conflict between the terms of this article and the terms of a franchise ordinance, the terms of the franchise ordinance shall control.
(Ordinance 664 adopted 9/13/17)
(a) 
Basic permit requirements.
An application for a permit to perform any of the above described activities on any right-of-way or alley shall be submitted to the city manager or their designee in a form prescribed by the city manager. At a minimum, the applicant shall provide the following information in the application:
(1) 
The location and portion of the public street, right-of-way or alley where the work will be performed.
(2) 
The name, address and contact information of the party doing the work.
(3) 
The name, address and contact information of any licensed engineer supervising the work.
(4) 
A description of the type of work that is to be performed (paving, grading, constructing, altering, excavating, etc.) and an estimate of how long it will take to perform such work.
(5) 
Any additional information that the city manager deems necessary to determine whether or not a permit should be issued hereunder.
(b) 
Further assurances, insurance, indemnification, bonds.
In addition to the aforementioned application, due to the scope or nature of the work being requested, the city manager may require the applicant provide further assurances including, but not limited to, performance bonds, insurance to protect the city and/or indemnification of the city against any claims associated with the work being conducted.
(c) 
Emergencies.
No permit is required for emergency responses by a utility for existing facilities under circumstances involving the preservation of life, property, or the restoration of customer service. Under such circumstances, the utility shall immediately notify by telephone the city administrator or the chief of police and the utility must apply to the city for a permit within two business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were moved or repaired.
(d) 
Facility location plans.
Within thirty (30) days of completing any work permitted under this article, the permit holder shall file with the city manager a complete set of plans in as much detail and in a format specified by the city manager, the location and type of facilities installed by the permit holder.
(e) 
Wireless communication facilities in the rights-of-way.
For any entity that is governed by chapter 284 of the Texas Local Government Code, the following shall apply:
(1) 
Permit required.
A permit is required for the installation, modification, or repair of a network node, node support pole, pole, or other wireless communication facility that will encroach upon or be located in, on, or within a right-of-way street, alley, or other right-of-way within the city.
(2) 
Design manual.
Pursuant to the terms outlined in chapter 284 of the Texas Local Government Code, the city administrator shall adopt a design manual and the terms and conditions of the design manual shall outline the terms and conditions of any permit issued hereunder and are binding upon any entity subject to this article.
(3) 
Construction.
The terms and conditions of this article and any design manual adopted in accordance with chapter 284 of the Texas Local Government Code shall be read in conjunction with this article. In the event of any discrepancy or ambiguity between this article, this code, the design manual, or chapter 284 of the Texas Local Government Code, the later shall control.
(Ordinance 664 adopted 9/13/17)
(a) 
No person shall construct or install, or cause to be constructed or installed, facilities within the right-of-way which constitute a threat or hazard to public safety, either for vehicular or pedestrian traffic.
(b) 
The permit holder shall promptly repair or restore any and all public streets, rights-of-way or alleys, including any and all landscaping and public and private fixtures, structures and facilities lawfully located thereon, to as good as or a better condition as before the start of construction. All trenches must be backfilled in such a manner that the street, right-of-way or alley shall be in as good condition as before such work was done and if at any time the trench settles below the natural grade of the street, right-of-way or alley, the trench shall be refilled and brought to the proper grade at the expense of the permit holder. Unpaved portions of alleys or rights-of-way shall be leveled, filled, bladed and worked in such a manner as to leave the unpaved alley or right of way in a safe and usable condition. Upon request, the city manager may require complete pre-construction and post-construction photographs of the work site of any permit holder.
(c) 
Any repair or restoration that does not comply with the provisions of this article or of any permit issued, as determined by the city manager or their designee, shall be removed, and subsequently repaired and replaced by the permit holder at the expense of the permit holder.
(d) 
Unless otherwise specifically allowed in writing by the city manager, all excavations within the right-of-way shall be filled and compacted within twenty-four (24) hours of excavation and pavements of streets, alleys and sidewalks shall be completely restored within fourteen (14) days of excavation.
(e) 
The permit holder, the permit holder’s contractor or subcontractor shall notify the city manager immediately of any damage to other utilities, whether owned by city or privately owned.
(f) 
Working hours in the rights-of-way not involving traffic lane closures are 7:00 a.m. to 6:00 p.m., Monday through Friday. Work which must be performed before 7:00 a.m. or after 6:00 p.m. Monday through Friday must be approved by the city manager in advance. Any work performed outside the above work hours must be approved twenty-four (24) hours in advance by the city manager. No work may be done, except for emergencies, on city holidays.
(g) 
Permit holders are responsible for obtaining line locations from all affected utilities at least forty-eight (48) hours prior to any excavation.
(Ordinance 664 adopted 9/13/17)
Whenever by reason of reconstruction, widening or straightening of streets, replacement of water or sewer lines, traffic signals, traffic signs and markings or any other public works projects, it shall be deemed necessary by the city manager to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user, such alterations shall be made by the owner of the facilities at the owner’s expense to the extent allowable by law, within ninety (90) days from issuance of notice to the user to make the alterations, unless a different schedule has been approved by the city manager. Facilities not moved after thirty (30) days’ written notice or within the approved schedule shall be deemed abandoned.
(Ordinance 664 adopted 9/13/17)
Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if:
(1) 
The installation, repair, upgrade or maintenance endangers public health, safety or welfare;
(2) 
The facilities encroach upon private property or extend outside the right-of-way location assigned by the city’s general design standards;
(3) 
Above ground facilities located within the right-of-way are less than 1.5 feet from the face of curb, or within six (6) inches of a sidewalk;
(4) 
The facilities do not meet the applicable state, federal, or local laws;
(5) 
The facilities are not capable of being located or maintained using standard practices;
(6) 
The facilities are placed in an area that interferes with another user’s facilities. Nothing in this section shall diminish the authority of the city manager to require specific placement of specific lines.
(Ordinance 664 adopted 9/13/17)
The city manager or his designee may suspend or revoke any permit issued in accordance with this article whenever the permit was issued in error or on the basis of incorrect or false information, or it is determined that the work being conducted is in violation of any of the provisions of this code or any other ordinance of the city or applicable laws of the state.
(Ordinance 664 adopted 9/13/17)
The city council may establish a fee for issuance of a permit under this article and any such fee may be included in fee schedule adopted by the city council. For any entity that is governed by chapter 284 of the Texas Local Government Code, the fee shall be $500.00 per application covering up to five network nodes (as that term is defined in Tex. Loc. Gov’t chapter 284), $250.00 for each additional network node per application and $1,000.00 per application for each pole. All fees must be paid in full before any permit shall be issued by the city.
(Ordinance 664 adopted 9/13/17)
(a) 
Franchise agreements.
For any utility that has a franchise agreement with the city, the fee for the use of the right(s)-of-way shall be governed by the terms and conditions of the franchise.
(b) 
Wireless communication facilities.
For any entity that is governed by chapter 284 of the Texas Local Government Code, such entity shall pay an annual right-of-way fee of $250.00 per node per year, a node pole collocation fee of $20.00 per pole per year and transport facility (as that term is defined in Tex. Loc. Gov’t chapter 284) fee of $28.00 per node per month. For all other utilities, the fee shall be governed by applicable law or, for entities governed by chapter 284 of the Texas Local Government Code, by the design manual adopted by the city manager.
(c) 
Other utilities.
For all other utilities, the fee shall be governed by applicable law or, in the event there is no existing franchise or applicable law, the city council may establish a fee for the use of the city’s right-of-way that is nondiscriminatory as compared to other utilities and comparable to the fee charged to other utilities.
(Ordinance 664 adopted 9/13/17)
Any violation of this article by any person shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in section 1.01.009. This penalty provision shall be in addition to any other legal or equitable remedies available to the city to enforce this article including the ability of the city to seek injunctive relief. Each day of such violation shall constitute a separate offense.
(Ordinance 664 adopted 9/13/17)