(a) 
Required.
Except in cases of emergency, a right-of-way work permit must be obtained from the city before performing any work in the public right-of-way that requires digging up, breaking up, cutting, excavating, drilling, or tunneling in or upon any public right-of-way. If emergency work in the public right-of-way that would require a permit is necessary and the city permit office is closed, the person doing the work must apply for a right-of-work permit the next business day after the emergency work.
(b) 
Exceptions to permit requirement.
The permit requirements of this part do not apply to:
(1) 
The repair, replacement, or maintenance of an existing telephone line, natural gas line, electric line, cable television or telecommunications line, irrigation line, or other existing pipe, cable, or facility lawfully located in the public right-of-way, if the repair, replacement, or maintenance does not require the digging up, breaking up, cutting, excavation, drilling or tunneling under or the removal, modification, or excavation of a public street, sidewalk, water or sewer line, or other city-owned improvement. This subsection does not apply to routine maintenance of network providers;
(2) 
A network provider’s routine maintenance of micro network nodes, network nodes, node support poles and related ground equipment that does not require excavation or closing of sidewalk or vehicular lanes in a public right-of-way;
(3) 
Replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way, but only if:
(A) 
The replacement or upgrade does not include replacement of an existing node support pole; and
(B) 
The replacement or upgrade does not defeat existing concealment elements of a node support pole.
(4) 
The installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with the National Electric Safety Code;
(5) 
The repair, replacement, or maintenance of existing trees, shrubs, flowers, grass, vegetation, berms, decorative landscaping, or watering systems that are lawfully located in the public-right-way, if the repair, replacement, or maintenance does not require the digging up, breaking up, cutting, excavation, drilling or tunneling under, or the removal, modification, or excavation, of a public street, sidewalk, water or sewer line, or other city-owned improvement;
(6) 
The repair, replacement, or maintenance of signs, or other ornamental features or materials denoting the entrance to a neighborhood or subdivision that are lawfully located in a public right-of-way, if the repair, replacement, or maintenance does not require the digging up, breaking up, cutting, excavation, drilling or tunneling under, or the removal, modification, or excavation of, a public street, sidewalk, water or sewer line, or other city-owned improvement;
(7) 
Any work performed for the city under a contract with the city;
(8) 
Any work required to install a sign on a public right-of-way if the applicant has received a sign permit from the city and has complied with the requirements of this division; or
(9) 
The placement or maintenance of trees, shrubs, irrigation systems, or other landscaping materials or equipment placed in the right-of-way of a residential lot at the direction of the owner or person in control of the lot.
(Ordinance 436 adopted 8/15/2017)
(a) 
A completed application for a permit must be submitted to the city on a city form, accompanied by the applicable fee.
(b) 
In addition to other requirements in this division, the application for transport facilities, micro network node, network node, node support pole, and related ground equipment must include:
(1) 
Construction and engineering drawing and information to confirm that the network provider will comply with the design manual and applicable codes;
(2) 
A certification that the proposed network node will be placed into active commercial service by or for the network provider not later than 60 days after the date the construction and final testing of the network is completed;
(3) 
A certification that the network node complies with applicable regulations of the Federal Communications Commission;
(4) 
Information related to the network providers’ use of the public right-of-way to ensure compliance with chapter 284, Tex. Local Gov’t Code, applicable codes, this division, and the design manual; and
(5) 
Concealment measures for collocations of network nodes or installations of node support poles in a historic district or on a decorative pole with the city manager’s advance written approval for such collocation or installation.
(c) 
Applications must include construction, elevation and engineering drawings and information that the director determines is reasonably necessary to administer this division and to protect the public and public property, to the extent not inconsistent with law.
(d) 
The permit must contain the name, address, and telephone number of the person performing the work, the location of the work, and any other information designated by the director. The permit, other than permits for network nodes, node support poles, and related equipment, may also contain special conditions the director determines are necessary to insure compliance with this division, applicable codes, or to protect the public and public property.
(e) 
The permit holder must keep the permit posted at a visible place at the work site and make it available for inspection upon the request of any city employee.
(f) 
A permit issued under this division is valid for the time period specified by the director, based on the estimated time to complete the work. Upon the written request of the permit holder, the director may grant additional time to complete the work under the permit.
(g) 
A network provider must begin the installation for which a permit is issued within nine months after the date of issuance of the permit and diligently pursue the installation to completion. The city may grant a longer time to complete the installation or grant reasonable extensions of time as requested by the network provider. Section 284.155, Tex. Local Gov’t Code.
(Ordinance 436 adopted 8/15/2017)
(a) 
If a person violates a provision of this division, the director may issue a written stop-work order to the violator directing any work or activity authorized to be done under a permit to cease until the violation is corrected. Upon receiving a stop-work order, the permit holder must immediately cause all work authorized under the permit to stop, but may take steps necessary to secure the site.
(b) 
The director may revoke a permit for a violation of this division. To revoke a permit, the director must send (by email and certified U.S. mail, return receipt requested) or hand deliver written notice of a violation to the permit holder ordering the violation to be corrected within a specified time. If the permit holder fails to correct the violation as directed, the director may revoke the permit by giving notice to the permit holder in writing.
(c) 
Any person may appeal the denial or revocation of a permit, the interpretation or application of a requirement of this division, the issuance of a stop-work order or notice of violation, or other requirement or action imposed under this division by the director. The appeal must be submitted in writing to the city manager or the director or director’s designee within 72 hours of the action being appealed. The director or director’s designee will promptly review the facts and issue a written determination.
(d) 
The revocation and appeal provisions in this section govern over any other conflicting provision in this code.
(Ordinance 436 adopted 8/15/2017)
Any person performing any construction or other work in the public right-of-way, whether under a permit issued under this division or otherwise, must comply with the following requirements:
(1) 
Specifications.
All excavations, alterations, backfill, repairs, and other work must be made in conformance with any written specifications or requirements adopted by the city. The director may allow modifications of a specification if unusual circumstances are present, the modifications would comply with the spirit and intent of the specification, and the modification would not adversely affect the public safety or interest.
(2) 
Boring and encasing.
If the director determines it is impractical to excavate within a street, all pipelines, conduits, or other crossings must be bored, tunneled, or drilled under the paved section, and, if required by the director, the crossings must be encased in a manner approved by the director.
(3) 
Damage to city streets.
Any type of ditching equipment used on city streets must be equipped with street pads. All damage done to public right-of-way and other public property during the work must be repaired by the permit holder to city specifications. If the permit holder fails to make the repairs, the director may make the repairs and charge the cost to the permit holder.
(4) 
Correction of defects.
If a permit holder fails to properly restore the surface of the public right-of-way or other public property, abandons the work, or fails to correct a hazardous condition after notice to do so, the director may take any action necessary to restore the right-of-way, complete the work, or correct the hazardous condition at the permit holder’s expense.
(5) 
Bonds.
For good cause, and if necessary to protect the health, safety, and welfare of the public, the director may require as a condition to the issuance of a right-of-way work permit or before work begins under the permit, that the applicant or permit holder post a bond to insure the repair of streets or the completion of the proposed work or to insure compliance with any other requirement of this division.
(6) 
Debris on public rights-of-way.
During the work, the public right-of-way must be kept clean of excessive rubbish, earth, mud, rock, and other debris, to the satisfaction of the director.
(7) 
Traffic safety.
All work in a public right-of-way or adjacent to a street must be done with barricades, traffic cones, lights, flares, signs, flagmen, and other traffic control devices as specified in the latest edition of the Manual for Uniform Traffic-Control Devices of the Texas Department of Transportation. Where the director believes it necessary to avoid traffic congestion or for public safety, he may require work be done only at certain hours during the day or night. Any excavation in the public right-of-way that is a potential danger to the public must be secured against entry in the manner specified by the director.
(Ordinance 436 adopted 8/15/2017)