This article may be known and cited as the right-of-way management
article for the city.
(1990 Code, sec. 11-1701)
This article shall be construed under and in accordance with
the laws of the state and the city charter and city code, to the extent
that such charter and city code are not in conflict with or in violation
of the constitution and laws of the United States or the state. All
obligations of the parties hereunder are performable in the county.
(1990 Code, sec. 11-1702)
This article be effective within the geographical limits of
the city, including any areas subsequently annexed by the city.
(1990 Code, sec. 11-1703)
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.
United States Code.
(1990 Code, sec. 11-1704)
(a)
Any violation or failure to abide by, and comply with, any provision or requirement of this article shall be a violation of city ordinance, and shall be punished as a class C misdemeanor, subject to a fine as provided in section 1.01.009 of this code per occurrence, unless otherwise provided by state law.
(b)
Each day upon which there exists a violation of this article or a
failure to abide by, or comply with, any provision or requirement
of this article shall constitute a separate occurrence and may subject
the offender to separate criminal penalties.
(c)
Prosecution pursuant to this article is in addition to and does not
supplant other remedies.
(d)
With the exception of any actions requiring authorization, franchises,
licenses or permits (including permits issued before actual use of
the right-of-way), it shall be an affirmative defense that notice
of the violation of this article and forty-five (45) days to correct
the violation was not given to the offender.
(1990 Code, sec. 11-1705)
(a)
Civil penalties may be imposed for the violation of any provision
of this article, as follows:
(1)
Up to one thousand dollars ($1,000.00) for each violation, and each
day of a continuing violation may be considered a new violation; and/or
(2)
If applicable, default and revocation of any or all permits granted
to allow work in the rights-of-way, subject to the procedural guidelines
noted in this article and any agreement which applies to the right-of-way
user, and further subject to any limitations imposed by federal or
state law.
(b)
In imposing the penalties and the amount, the city may weigh all
applicable factors, such as damages caused by the violation, reasons
for the violation, the seriousness of the violation, and all other
factors.
(c)
Monetary civil penalties may be imposed in the manner prescribed
by either local or state law.
(d)
In addition, the city council may order specific performance of any
actions required by this article or required by a franchise, license
or permit, including the permit authorizing work to be performed in
the right-of-way, or any other agreement or authorization.
(1990 Code, sec. 11-1706)
No person shall commence or continue with the construction,
installation or operation of facilities within the right-of-way in
the city except as provided by the ordinances of the city and the
director of the public works department.
(1990 Code, sec. 11-1707)
(a)
Registration.
In order to protect the public health,
safety and welfare, all users of the right-of-way shall make application
with the city for permits. Permits will only be issued in the name
of the person who will own the facilities. The application shall include:
(1)
The name of the user of the right-of-way;
(2)
The names, addresses and telephone numbers of people who will be
contact persons for the user;
(3)
The name, address and telephone number of any contractor or subcontractor
who will be working in the right-of-way on behalf of the user;
(4)
The name(s) and telephone number of an emergency contact who shall
be available 24 hours a day.
(b)
Construction permits.
(1)
No person shall perform any construction or installation of facilities
in the right-of-way without first obtaining a construction permit,
except as provided herein. The permit will be in the name of the person
who will own the facilities to be constructed. The permit must be
completed and signed by a representative of [the person] who will
own the facilities to be constructed.
(A)
Emergency responses related to existing facilities may be undertaken
without first obtaining a permit; however, the public works department
should be notified in writing by the next business day 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.
(B)
The phrase “construction or installation of facilities”
includes repair or maintenance of existing facilities, repair or maintenance
that requires the breaking of pavement or the closure of a traffic
lane, and the installation of facilities necessary to initiate service
to a customer’s property.
(2)
The permit shall state to whom it is issued, location of work, location
of facilities, dates and times of work to take place, and any other
conditions set out by the director of public works or his designee.
(3)
The person requesting a permit will provide the director of public
works or his designee with documentation describing:
(A)
The proposed, approximate location and route of all facilities to
be constructed or installed and the applicant’s plan for right-of-way
construction;
(B)
Engineering plans which will be on a scale of one inch (1") equals
fifty feet (50') unless otherwise approved by the public works department;
(C)
Detail of the location of all right-of-way and utility easements
which applicant plans to use;
(D)
Detail of all existing city utilities in relationship to applicant’s
proposed route;
(E)
Detail of what applicant proposes to install, such as pipe size,
number of interducts, valves, etc.;
(F)
Detail of plans to remove and replace asphalt, concrete in street
(include city standard construction details);
(G)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc., including depth;
(H)
Handhole and/or manhole typicals of type of manholes and/or handholes
applicant plans to use or access;
(I)
Complete legend of drawings submitted by applicant;
(J)
Four sets of engineering plans must be submitted with permit application;
(K)
The name, address and phone numbers of the contractor 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;
(L)
The construction and installation 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 director of public works or his designee; and
(M)
Proof of insurance or net worth as required.
(4)
All construction and installation in the right-of-way shall be in
accordance with the permit for the facilities. The director of public
works or his designee shall be provided access to the work and to
such further information as he may reasonably require to ensure compliance
with the permit.
(5)
A copy of the construction permit and approved engineering plans
shall be maintained at the construction site and made available for
inspection by the director of public works or his designee at all
times when construction or installation work is occurring.
(6)
All construction or installation work authorized by permit must be
completed in the time specified in the construction permit. If the
work cannot be completed in the specified time periods, the permittee
may request an extension from the director of public works or his
designee.
(7)
Insurance and bonds.
(A)
An applicant must provide proof of liability insurance in the amount
of one million dollars ($1,000,000.00), as approved by the director
of public works or his designee. Such requirements may be waived by
the director of public works or his designee, if the applicant provides
acceptable evidence of self-insurance backed by assets equal to but
not less than a net worth in the amount of at least five million dollars
($5,000,000.00) as approved by the director of public works or his
designee and the director of administrative services or his designee.
(B)
The coverage provided must be on an “occurrence” basis
and must include coverage for personal injury, contractual liability,
premises liability, medical damages, underground, explosion and collapse
hazards.
(C)
Each policy must include a cancellation provision in which the insurance
company is required to notify the city in writing not fewer than sixty
(60) days before canceling, failing to renew or reducing policy limits.
(D)
The applicant shall file the required original certificate of insurance
prior to any commencement of work. 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 insured, policy expiration date, and
specific coverage amounts.
(E)
Applicant shall file a surety bond from a surety company authorized
to do business in the state in the amount of $15,000.00 to guarantee
the restoration of the right-of-way in the event the applicant leaves
a job site in the right-of-way unfinished, incomplete or unsafe.
(8)
A request for a permit must be submitted at least ten (10) working
days before the commencement of work proposed in the request, unless
waived by the director of public works or his designee.
(9)
Requests for permits will be approved or disapproved by the director
of public works or his designee within a reasonable time of receiving
all the necessary information. The director of public works or his
designee will use his best efforts to approve or disapprove a request
for a permit as soon as possible.
(10)
The public works department can request a preconstruction meeting
with the permittee and his construction contractor.
(11)
Permit applications are required for construction on new, replacement
or upgrading of the company’s network in the right-of-way, either
aerial or underground.
(1990 Code, sec. 11-1708)
(a)
The department of public works must be notified twenty-four (24)
hours in advance that construction is ready to proceed by either the
right-of-way user, his contractor or representative.
(b)
All construction shall be in conformance with all city codes and
applicable local, state and federal laws.
(c)
Three-by-three information signs, stating the identity of the person
doing the work, telephone number and permittee’s identity and
telephone number 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.
(d)
Traffic-control devices shall be in accordance with the Texas Manual
on Uniform Traffic Control Devices, also known as TMUTCD.
(e)
Permittee can be required to show proof of EPA approved plans relating
to stormwater and erosion, when applicable, or a letter stating they
are not required to obtain such plans.
(f)
Lane closures on all streets and alleys will be limited after 8:30
a.m. and before 4:00 p.m., unless the public works department grants
prior approval. Arrow boards will be required on lane closures, with
all barricades, advanced warning signs and 36-inch reflector cones
placed according to the specifications of the public works department.
(g)
Permittees are responsible for the workmanship and any damages by
a contractor or subcontractor. A responsible representative of the
permittee will be available to public works at all times during construction.
(h)
Permittee shall be responsible for stormwater management erosion
control that complies with city, state and federal guidelines. Requirements
shall include, but not be limited to, silt fencing around any excavation
that will be left overnight, silt fencing in erosion areas until reasonable
vegetation is established, barricade fencing around open holes, and
high erosion areas will require wire backed silt fencing.
(i)
Permittee or contractor or subcontractor will notify the public works
department immediately of any damage to other utilities, either city
or privately owned.
(j)
When a street or sidewalk cut is required, prior approval must be
obtained by the public works department, and all requirements of the
public works department shall be followed. Repair of all street and
sidewalk removals must be made promptly to avoid safety hazards to
vehicle and pedestrian traffic.
(k)
Installed facilities must not interfere with city utilities, in particular,
gravity-dependent facilities.
(l)
Utilities must be installed at a minimum three-foot depth, unless
approved by the public works department.
(m)
All directional boring shall have locator place bore marks and depths
while bore is in progress. Locator shall place mark at each stem with
paint dot and depth at least every other stem.
(n)
The 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 in advance. Any work performed
on Saturday or holidays must be approved twenty-four (24) hours in
advance by the public works department. Directional boring is permitted
only Monday through Friday unless approved in advance.
(o)
Contractors working for permittees are responsible for obtaining
line locates from all affected utilities prior to any excavation.
(p)
Contractor will be responsible for verifying the location, both horizontal
and vertical, of all affected facilities, whether by pot holing or
hand digging, prior to any excavation or boring.
(q)
Placement of all manholes and/or handholes must be approved in advance
by public works department.
(1990 Code, sec. 11-1709)
Right-of-way users will provide the public works director or
his designee with “plans of record” within ten (10) days
of completion of facilities in the right-of-way and annually thereafter.
The plans shall be provided to the city in the format specified by
the public works director or his designee. Submittal of “plans
of record” should be in digital formatting as well as written
or in any other format requested by the public works department.
(1990 Code, sec. 11-1710; Ordinance
adopting Code)
Whenever, by reason of construction of streets, water or sewer
line projects, or any other public works projects (i.e., install or
improve storm drains, streets, water lines, sewer lines), it shall
be deemed necessary by the governing body of the city 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 their expense within thirty (30) days from receipt
of notice to make the alterations, unless a different schedule has
been approved by the public works director or his designee.
(1990 Code, sec. 11-1711)
(a)
Any person 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, repairs, upgrade or maintenance endangers people;
(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 in accordance
with the directions provided by the public works department; or
(5)
The facilities are placed in an area that interferes with city-owned
facilities, such as water or sewer lines or streets. Privately owned
facilities shall be considered to interfere with city-owned facilities
if the privately owned facility is within three (3) feet horizontally
or one (1) foot vertically of city-owned facilities.
(1990 Code, sec. 11-1712)
(a)
The public works director may require or approve the location of
facilities underground.
(b)
When poles are used, the type of poles, location, depth, upgrades,
etc., shall be subject to the review of the public works department.
(c)
The public works director or his designee may approve size of facilities
to be installed or require proof of need to install size of system
requesting to be permitted.
(1990 Code, sec. 11-1713)
(a)
Users of the right-of-way 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.
(b)
This includes, but is not limited to, replacing all ground cover
with equal to the type of ground cover damaged during work or better,
either by sodding or seeding, as directed by public works department.
(c)
Restoration must be to the reasonable satisfaction of the public
works department and the property owner. The restoration shall include,
but not be limited to:
(1)
Installation of all manholes and handholes, as required;
(2)
Backfilling all bore pits, potholes, trenches or any other holes
shall be filled in daily, unless other safety requirements are approved
by public works;
(3)
Leveling of all trenches and backhoe lines;
(4)
Restoration of excavation site to city specifications;
(5)
Restoration of all landscaping.
(d)
All locate flags shall be removed during the cleanup process by the
permittee or his contractor at the completion of the work.
(e)
Restoration must be made in a timely manner as specified by approved
public works schedules and to the satisfaction of the public works
director or his designee. If restoration is not satisfactory and performed
in a timely manner, all work in progress, except that related to the
problem, including all work previously permitted but not complete,
will be halted and a hold placed on any permits not approved until
all restoration is complete.
(1990 Code, sec. 11-1714)
If any of the provisions of this article are not followed, a
permit may be revoked by the public works director or his designee.
If a person has not followed the terms and condition of this article
in work done pursuant to a prior permit, new permits may be denied
or additional terms required.
(1990 Code, sec. 11-1715)
