(a) 
All construction and installation in the public rights-of-way shall be in accordance with the permit for the facilities. The town administrator or designee shall be provided access to the work and to such further information as may be reasonably required to ensure compliance with the permit.
(b) 
A copy of the construction permit and engineering plans that have been reviewed and released for construction by the town administrator or designee shall be maintained at the construction site and made available for inspection by the town administrator or designee at all times when construction or installation work is occurring.
(Ordinance 06-224, sec. 2 (9.321), adopted 5/18/06)
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 town administrator or designee. The town administrator or designee will review a request for permit extension as soon as possible. Until the town administrator or designee completes the review for permit extension, the permittee may continue with the work specified in the construction permit.
(Ordinance 06-224, sec. 2 (9.322), adopted 5/18/06)
A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the town shall be maintained at the construction site and made available for inspection by the town administrator or designee at all times when construction or installation work is occurring.
(Ordinance 06-224, sec. 2 (9.323), adopted 5/18/06)
The town administrator or designee shall be notified at least forty-eight (48) hours in advance that construction is ready to proceed. With this notification, the permittee shall provide the “one-call” ticket number assigned when complying with the Underground Facility Damage Prevention and Safety Act. In the event the construction is an emergency response as described in section 3.05.145, notification of construction shall be made as soon as possible via a facsimile transmission to the town administrator or designee.
(Ordinance 06-224, sec. 2 (9.324), adopted 5/18/06)
The 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, and barricade fencing around open holes, and high erosion areas will require backed silt fencing. Upon request, the permittee may be required to furnish documentation submitted to or received from the federal or state government. Erosion control facilities shall be in place prior to commencement of construction.
(Ordinance 06-224, sec. 2 (9.326), adopted 5/18/06)
The permittee shall notify the town administrator or designee immediately of any damage to other utilities, whether owned by the town, another public entity or a private utility.
(Ordinance 06-224, sec. 2 (9.327), adopted 5/18/06)
(a) 
It is the town’s policy to avoid cutting streets or sidewalks unless it is demonstrated to be necessary due to underground obstacles or other circumstances that make boring impractical. However, when a street or sidewalk cut is necessary, the street or sidewalk cut, and the proposed repair, must be fully described in the construction plans submitted with the permit application. Repair of all streets and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic, and in accordance with town standards.
(b) 
Installation of facilities must not interfere with town utilities, in particular gravity-dependent facilities.
(c) 
New facilities in established rights-of-way where aerial facilities do not exist shall be installed underground using directional boring unless demonstrated to not be economically or practically feasible as approved by the town administrator or designee. The cost of installing these utilities underground shall be borne by the party requesting such non-standard utility service. Furthermore, transmission lines, those lines operated at voltages of sixty thousand volts or higher that bring power from a generating plant to an electrical substation and feeder lines, [and] those lines that emanate from an electrical substation or hub to distribute power throughout an area shall be constructed overhead. Open trenching shall be allowed in new developments prior to the completion of the subgrade preparation for the development’s roadway infrastructure. Owners of new developments shall provide notice of the development to all utilities registered with the town prior to the town approving zoning amendments, record plats or site plans. When performing directional boring, the contractor shall have a locator place bore marks and depths while the bore is in progress, and shall place a mark at each stem with a paint dot and indicate the depth of the bore at no less than every other stem.
(d) 
A permittee is responsible for obtaining line locates in accordance with the Underground Facility Damage Prevention and Safety Act, the “One-Call Statute.” When required by the town administrator or designee, the permittee shall verify locations of town utilities by pot-holing, hand digging or other method approved by the town administrator or designee prior to any excavation or boring.
(e) 
Handholes or manholes shall not be located in sidewalks, unless demonstrated that there is no reasonable alternative.
(f) 
Utility location flags shall not be removed from a location while facilities are under construction. Flags must be removed by the permittee upon completion of the project unless another permittee is also working in the area and has not completed their work.
(g) 
If the construction requires the pumping of water or mud, the permittee shall contain all pumped water or mud in accordance with town ordinances, federal or state law, and the directives of the town administrator or designee.
(h) 
All work shall be protected after hours or at other times when the contractor is not present as reasonably necessary to assure the safety of pedestrian and vehicular traffic.
(i) 
The minimum depth/cover of utility facilities in the right-of-way shall be as follows:
(1) 
Water mains: 48 inches.
(2) 
Telecommunication lines: 42 inches.
(3) 
Electrical lines: 42 inches.
(4) 
All other utilities: 36 inches.
(j) 
Upon review of construction plans, the town reserves the right to increase the minimum depth/cover of any utility facilities.
(Ordinance 06-224, sec. 2 (9.328), adopted 5/18/06; Ordinance 298 adopted 11/8/10)
All construction activity in the public rights-of-way shall take place between 7:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. Saturday, unless the town administrator or designee approves an exception twenty-four (24) hours in advance. No unauthorized work will be done, except for emergencies, on town holidays or Sundays.
(Ordinance 06-224, sec. 2 (9.329), adopted 5/18/06)
Lane closures on major and minor arterials as shown on the thoroughfare plan will be limited to after 9:00 a.m. and before 4:00 p.m., except as approved by the town administrator or designee. All traffic-control devices shall be in place prior to the start of construction. All lane closures shall comply with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways.
(Ordinance 06-224, sec. 2 (9.330), adopted 5/18/06)
The permittee is responsible for the workmanship of its contractor or subcontractors. A responsible representative of the permittee shall be available to the town administrator or designee at all times during construction. If the project will disturb more than 1,000 lineal feet of the public rights-of-way, a representative of the permittee must designate a representative with pager or cell phone communications capability to be available and on the construction site within two (2) hours of request by the town.
(Ordinance 06-224, sec. 2 (9.331), adopted 5/18/06)
For permitted projects greater than 1,000 lineal feet, minimum three by three feet (3' x 3') information signs with 4" letters stating the identity and the telephone number of the permittee shall be placed at the location where construction is to occur prior to the beginning of the work in the public rights-of-way and shall continue to be posted at the location during the entire time of construction.
(Ordinance 06-224, sec. 2 (9.332), adopted 5/18/06)
(a) 
When a permittee completes construction, expansion, reconstruction, removal, excavation or other work, the permittee shall promptly restore the public rights-of-way to a condition at least as good as existed immediately prior to work commencing. The permittee shall replace and properly re-lay and repair the surface, base, irrigation system and landscape treatment of any public rights-of-way that may be excavated or damaged by reason of the erection, construction, maintenance or repair of the permittee’s facilities within thirty (30) calendar days after completion of the work. Upon failure of a permittee to perform any such repair or replacement work, in five (5) working days of a receipt of a written notice given by the town to the permittee, and the permittee has not commenced the restoration, the town may repair such portion of the public rights-of-way as may have been disturbed by the permittee, its contractors or agents. Upon receipt of an invoice from the town, the permittee shall reimburse the town for the costs so incurred within sixty (60) calendar days from the receipt of the town’s invoice by the permittee.
(b) 
Should the town reasonably determine, within two (2) years from the date of completion of the repair work by the permittee, that the surface, base, irrigation system or landscape treatment requires additional restoration work to bring the work to a condition at least as good as existed immediately prior to the construction commencing, the permittee shall perform such additional restoration work.
(c) 
Notwithstanding the foregoing, if the town determines that the failure of the permittee to properly repair or restore the public rights-of-way constitutes a safety hazard to the public, the town may undertake emergency repairs and restoration efforts subject to the indemnification requirements of section 3.05.183. The permittee shall promptly reimburse the town for all costs incurred by the town within sixty (60) calendar days from the receipt of the town’s invoice.
(d) 
If a person performs emergency construction or excavation in the public rights-of-way pursuant to section 3.05.082(a) of this division, that person shall comply with the requirements of this section for restoration of the public rights-of-way.
(Ordinance 06-224, sec. 2 (9.333), adopted 5/18/06)
Permittees shall provide the town administrator or designee with record drawings within ninety (90) days of completion of construction. The record drawings shall be in a format used by the permittees in their ordinary course of business, but shall exclude customer-specific, proprietary or confidential information. If the release of the location of any utility, including water and sewer, or of the record drawings submitted under this section would jeopardize public safety, the information shall be considered confidential. In addition, if record drawings submitted under this section include information expressly designated by the user as a trade secret or other confidential information protected from disclosure by state law, the town may not disclose the information to the public without the consent of the user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law.
(Ordinance 06-224, sec. 2 (9.334), adopted 5/18/06)
If the town administrator or the mayor declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of facilities, a permittee shall remove or abate the permittee’s facilities by the deadline provided in the town administrator’s or mayor’s request. The permittee and the town shall cooperate to the extent possible to assure continuity of service. If the permittee, after notice, fails or refuses to act, the town may remove or abate the facility, at the sole cost and expense of the permittee, without paying compensation to the permittee and without the town incurring liability for damages. The permittee shall reimburse the town for all costs incurred by the town within sixty (60) calendar days from the date of the town invoice.
(Ordinance 06-224, sec. 2 (9.335), adopted 5/18/06)
(a) 
Any person doing work in the public rights-of-way shall properly install, repair, upgrade and maintain facilities.
(b) 
New facilities or modifications to existing 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 town codes;
(3) 
The facilities are not capable of being located using standard industry practices; or
(4) 
The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the town administrator or designee.
(c) 
Upon notification by the town administrator or designee, the permittee shall submit a construction permit application for correction of facilities within ninety (90) days after the date of notification. Correction of the facilities shall be completed within ninety (90) days after the date of approval or within an alternate schedule approved by the town administrator or designee.
(Ordinance 06-224, sec. 2 (9.336), adopted 5/18/06)
(a) 
In the exercise of governmental functions, as lawfully authorized by state and federal law, the town has first priority over all other users of the public rights-of-way. The town reserves the right to construct sewer, gas, water and other pipelines or cables and conduits, to do underground and overhead work and/or to change aerial facilities, in, across, along, over or under a public street, alley or public right-of-way occupied by a user, and to change the curb, sidewalks or the grade of the streets in accordance with state and federal law. Other projects, such as beautification facilities, will not have higher priority over other users.
(b) 
The town shall assign the location in or over the public rights-of-way among known users of the public rights-of-way with due consideration to the public health and safety considerations of each type of user and, to the extent the town can demonstrate that there is limited space available for additional users, may limit new users, as allowed under state or federal law.
(c) 
If the town authorizes abutting landowners to occupy space under the surface of any public street, alley or public rights-of-way, the grant to an abutting landowner shall be subject to the rights of the authorized user of the public rights-of-way. If the town closes or abandons a public right-of-way that contains a portion of a user’s facilities, the town shall close or abandon such public right-of-way subject to the rights of the user.
(d) 
Subject to applicable state law, whenever the town has determined that removal, relocation, change or alteration of a user’s facilities in the public rights-of-way is reasonably necessary for the widening or straightening of a street, upon written notice by the town, the user shall, at its own expense, temporarily and/or permanently remove, relocate, change or alter the position of the user’s facilities that are in the public rights-of-way within one hundred twenty (120) days, except in circumstances that require additional time as reasonably determined by the town based upon information provided by the user. Prior to relocation, the town shall provide a suitable location within a public right-of-way, property or place for relocated facilities sufficient to maintain service. For projects expected to take longer than one hundred twenty (120) days to remove, change or relocate, the town will confer with the user before determining the removal, relocation, change or alteration to be required and the timing thereof. In any instance when such removal, relocation, change or alteration is deemed by the user to impose a significant financial hardship, the user shall have the right to present alternative proposals to the town and the town shall give due consideration to any such alternative proposals. This section shall not be construed to prevent the permittee’s recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal. If the permittee fails to relocate facilities in the time allowed by the town in this section, the permittee may be subject to legal action by the town or to a liability to the town for such delay, as may be set forth in the Code of Ordinances, now or hereafter enacted. Notwithstanding anything in this subsection (d), the town administrator or designee and permittee may agree in writing to different time frames than those provided above if circumstances reasonably warrant such a change. Such circumstances may include, but are not limited to, weather conditions, emergency conditions, accuracy and completeness of engineering plans or changes in design, relocation, coordination and other criteria which may delay projects.
(e) 
A permittee 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 town, including the prohibition of tree topping. A permittee trimming trees within public rights-of-way shall be either certified or initiated the process to obtain certification using the standards of Tree Line USA, a program sponsored by the National Arbor Day Foundation. Should the permittee, its contractor or agent fail to remove such trimmings within twenty-four (24) hours under routine circumstances, or up to 10 business days, or until all service restoration activities have been completed because of emergency conditions, the town may remove the trimmings or have them removed, and upon receipt of a bill from the town the permittee shall promptly reimburse the town for all costs incurred within sixty (60) working days.
(Ordinance 06-224, sec. 2 (9.337), adopted 5/18/06)