The following words and phrases shall have the meanings respectively
ascribed to them:
Any person or group of persons entering into an agreement
with the city.
An alternate route in which vehicular traffic is directed
around a street which is closed.
An unforeseen combination of circumstances or the resulting
state, that calls for immediate action.
The “Manual on Uniform Barricading Standards.”
A written letter of approval from the director of the department
of public works or his or her appointed representative.
Any public street, highway, roadway, alley or sidewalk.
The word “shall” is a mandatory condition, the
word “should” is an advisory condition to ensure safe
operation conditions, and the word “may” is a permissive
condition.
The term “street” shall mean a traveled way for
vehicular traffic, whether designated as a “street,” “highway,”
“thoroughfare,” “parkway,” “throughway,”
“road,” “avenue,” “boulevard,”
“lane,” “place” or however otherwise designated.
Major thoroughfare or arterial streets
are principal traffic arteries more or less continuous across
the city which are intended to connect remote parts of the city and
which are used primarily for fast or heavy-volume traffic and shall
include but not be limited to each street designated as a “major
street” on the major street plan.
Collector streets
are those which carry traffic from minor streets to the major
system of arterial streets and highways, including the principal entrance
streets or a residential development and streets for circulation within
such a development.
Minor streets
are those which are used primarily for access to abutting
residential properties which are intended to serve traffic within
a limited residential district.
Alleys
are minor traveled ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street
(1990 Code, sec. 11.1201)
(a)
When any part of any street, alley, avenue or other public place
in the city is torn, dug up or taken up, for any purpose, the person
doing the same shall, immediately upon the completion of such purpose,
and as fast as practicable, during the accomplishment thereof, return
the earth and ram and puddle the same to firm and solid bearing, and
in such manner as will entirely prevent the settling of such earth,
and shall also re-lay the paving, macadamizing or gravel in a skillful
and permanent manner, and in every case to the entire satisfaction
of the director of public works. In the event the excavation requires
the breaking out of concrete, the concrete shall be broken, cut or
removed in a skillful manner and along substantially straight lines.
(b)
In the event a permit is revoked, the permit holder shall immediately
commence operations to restore the work area within the roadway to
its proper condition, such work to be completed within twenty-four
(24) hours. In addition, except as required to restore the work area
to its proper condition, the permit holder shall remove all equipment,
workers, materials and debris from the roadway. In the event such
restoration is not done, the city shall be authorized, at its election,
to take charge of the work and restore the premises to its proper
condition and shall be entitled to recover from the permit holder
by civil action the actual expenses incurred by the city in restoring
the premises, including but not limited to cost of labor, materials,
overhead, and rental of any equipment used by the city in restoring
the site and attorneys’ fees; and for such purposes, the city
shall have a right of action against any bonds in effect running from
the holder of the permit to the city, conditioned upon compliance
with the ordinances of the city in the performance of said work.
(1990 Code, sec. 11.1207)
(a)
Any contractor undertaking any work, whether of his or her own or
under contract for any other person, and such work is within a city
street and requires that a set of plans be drawn up due to the extensive
and/or complex nature of the work, will be subject to the provisions
contained herein, and must file for a permit before beginning construction.
Proof must also be shown that he or she has obtained approval by other
affected agencies of the city to actually perform the work.
(b)
A plan must be prepared by the contracting agency showing where work
is to be performed. The plan will include a standard barricading layout
showing placement of barricades, cones and informational signs used
on the project. In most cases, layouts will be similar to those shown
in the latter part of the manual. Deviation from the manual will be
allowed only with approval of the director of public works or his
or her appointed representative.
(c)
The plan as mentioned in step (b) above must be submitted a minimum
of five (5) business days prior to actual beginning of the construction
work. This time period will allow the director of public works the
opportunity to survey the construction site in an attempt to uncover
any traffic problems which might develop as a result of the barricading.
(d)
Each contractor or construction agency will provide with his or her
barricading plan a listing of all persons directly responsible for
the safety on each project, to include an address or a telephone listing
at which said person can be reached at any hour of the day if a hazardous
condition develops.
(1990 Code, sec. 11.1208)
[1]
Editor’s note–The 2018 IMC Amendments AIAAATTC.
(a)
In the event the contractor undertakes work based on plans prepared
by the designated department, all detour and barricading requirements
will be inserted as part of the construction plans. In this situation,
the contractor’s acceptance of the construction project will
serve as indication that he or she understands the layout and is responsible
subject to the penalties established herein.
(b)
All city forces, as well as public utility companies performing construction work within a street which requires that a set of plans be drawn up due to the extensive and/or complex nature of work, will be subject to the same requirements established in section 22.09.003 hereof. Such work would include major street construction (street cuts, street widening, etc.), water and sewerage line laying or relocation, or off-street construction which requires that a portion of the adjacent roadway be barricaded.
(c)
Construction work performed by city forces or utility companies, minor enough such that a set of plans need not be drawn up, will not be subject to the same requirements established in section 22.09.003 hereof. Such work includes minor street construction (resurfacing, patching, striping), minor utility work (usage of manholes such that a lane must be barricaded), etc. These forces will be required, however, to comply with all other provisions set forth in the manual as to the construction site barricade layout and signing. In addition, the director of public works or his or her authorized representative shall be contacted before said construction work is begun and be informed of the location and nature of construction. This work shall not be performed during the peak hour congestion periods of 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m. unless approved by the director of public works.
(1990 Code, sec. 11.1209)
The requirements as mentioned above are to be used for all planned
construction projects. In the event of an emergency-type situation,
notification of work to be done can be made by telephone directly
to the director of public works or his or her appointed representative,
thereby bypassing the requirements mentioned above. Under these conditions,
the contractor or agency will still be required to follow the basic
barricading standards as outlined in the manual.
(1990 Code, sec. 11.1210)
(a)
Any person who undertakes to perform any work upon, in, under, above or about any public street, highway, roadway, alley or sidewalk, hereafter referred to collectively as “public right-of-way,” or undertakes or proposes to undertake any other action which requires that the street be partially or completely closed for construction and/or maintenance operation, and/or which work shall require excavation within or occupancy of the whole or a portion of the width of any such public right-of-way for equipment, materials, debris or workmen, and/or which will require the partial or complete closing of the street for any reason other than those described in article 18.09 of this code shall use barricades, signals, flags, flares and all other traffic-control and warning devices and procedures about the area to be closed during the duration of the work or other event within the public right-of-way of the type and in the manner required by the uniform barricading standards adopted hereinbelow. Such persons shall also be required to obtain a permit from the director of public works, with the exception of the state department of transportation conducting work on any state-designated system, who shall not be required to obtain a permit. This permit must be acquired before construction is begun. The above-described permit must be acquired before construction begins or the event requiring the closure commences. The purpose of such permit is to ensure that ample consideration has been given to the effect of the event requiring closure on the flow of traffic.
(b)
It shall be the responsibility of the permit holder to provide, erect,
place and maintain all warning signs, traffic-control devices and
barricades required by the Texas Manual on Uniform Traffic Control
Devices or the director of public works. All such signs, devices and
barricades should be in good condition, clean and legible and shall
be of the type required by the state manual on uniform traffic control
devices; provided, that the director of public works may authorize
the use of different or special devices and equipment if, in his or
her opinion, such equipment will be at least effective for its intended
purpose as that set forth for such purpose in the state manual on
uniform traffic control devices. When additional regulatory signs
are deemed necessary by the director of public works, such signing
will be installed as directed by the department of public works along
with such regulatory signs as are required to be provided by the city
as required by the manual.
(1990 Code, sec. 11.1202; Ordinance 05-007, sec. 2, 1/11/05)
When a permit is required, the permit application shall, unless
otherwise authorized by the director of public works in writing and
for good cause shown, be filed with the director of public works,
with a copy immediately provided to the chief of police at least five
(5) days prior to the day the applicant seeks to first close or block
any part of the public right-of-way and shall contain the following
information:
(1)
The name, telephone number, local address and principal place of
business of the applicant;
(2)
The name and day and night telephone numbers of the engineer, foreman
or other person who will be in charge of the construction, repairs
or other project or event for which the application is requested;
(3)
The time(s) of day and total number of calendar days the applicant
seeks to block the roadway;
(4)
A statement, signed by the applicant or a person duly authorized
to bind the applicant, that the applicant will indemnify and forever
hold the city harmless against each and every claim, demand or cause
of action that may be made or come against it by reason of or in any
way arising out of the closing or blocking of the roadway by the applicant
under a permit from the city, if such permit is granted;
(5)
A standard barricading layout [showing] placement of barricades,
cones and international signs used on the project;
(6)
A traffic-control plan, which shall be signed and sealed by a state-registered
professional engineer;
(7)
An explanation as to the nature or type of work that is to be performed
along with its location; and
(8)
Any other information deemed necessary by the director of public
works.
(1990 Code, sec. 11.1203; Ordinance 05-007, sec. 3, 1/11/05)
(a)
The director of public works shall either approve or disapprove the application in five (5) business days after it is submitted. The director of public works may approve an application either as applied for or subject to special requirements, as provided in section 22.09.034 hereof, which special requirements shall be endorsed on the permit when issued and become a part thereof. If an application is not approved, the director of public works shall so notify the applicant, in writing, stating the reasons for disapproval. An applicant may, if he or she so desires, undertake the revision of the unapproved application and resubmit it to the director of public works, who shall approve, approve subject to special requirements, or disapprove the amended application within two (2) business days.
(b)
The director of public works may disapprove applications for permits
under this article only for the following reasons:
(1)
The proposed barricading, channelizing, signing, warning or other
traffic-control procedures or the equipment therefor do not comply
with the requirements of the manual;
(2)
The nature of the work to be performed or its location is such that
the work may, without imposing any undue hardship on the applicant,
be performed without the necessity of blocking or closing the roadway;
(3)
The work or the manner in which it is to be performed will violate
a city ordinance or a state statute;
(4)
Failure to furnish all of the information required by this article
or, except for good cause shown, to file the application within the
time prescribed by this article;
(5)
Misrepresenting or falsifying any information in this application.
(1990 Code, sec. 11.1204)
(a)
The director of public works may, at the time he or she approves
an application or any time after a permit is issued, require:
(1)
The use or specific location of additional barricades, signals, signs,
or other traffic-control or safety devices or the pursuance of special
traffic-control or safety procedures;
(2)
That the work be performed only at certain hours during the day or
night, or during specified days of the week;
(3)
That only a specified area or not more than a specified number of
lanes shall be blocked at the same time or at specified times of the
day;
(4)
That materials and equipment used in the work site and dirt removed
from any excavation be located other than in the vehicle traffic lanes
of such roadway;
(5)
That all equipment be moved from the traffic lanes and any excavation
in the traffic lanes be covered or filled with materials of sufficient
strength and construction to permit vehicular traffic to pass over
such excavation during all or part of the peak traffic periods or
at night.
(b)
When such requirements are deemed necessary by the director of public
works in the interest of public safety and to avoid traffic congestion,
any such special requirements shall be endorsed on the permit and
shall be a part thereof.
(1990 Code, sec. 11.1205)
The director of public works or his or her authorized representatives
may revoke a permit issued hereunder if any of the permit holder’s
barricading, signing, channelizing, warning or other traffic-control
procedures or the equipment at the work site do not comply with the
requirements of the manual, or with any special requirements imposed
by the director of public works. Further, should the director of public
works become convinced that the work under the permit is being done
in violation of the city specifications or is creating a safety hazard,
he or she may revoke the permit. The permit holder, or the person
named as responsible for or in charge of the work in the permit, shall
first be notified of the failure or defect and be given a reasonable
time, such length of time to be determined by the director of public
works and not to exceed twenty-four (24) hours, to correct same before
such permit is revoked. In the event a permit issued under this article
is revoked, it shall be unlawful to continue to block the roadway,
except to restore the site to its proper condition as required herein.
(1990 Code, sec. 11.1206)
