The city manager, or his/her designee, shall appoint a right-of-way
manager, who is the principal city official responsible for the administration
of the right-of-way, right-of-way permits, the regulation of same
and ordinances related thereto. The right-of-way manager may delegate
any or all of the duties hereunder. The right-of-way manager shall
have the duties, responsibilities and authority as specified for the
right-of-way manager stated herein.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
The following definitions apply in this article. The terms,
phrases, words, abbreviations and their derivations shall have the
same meanings herein. When not inconsistent with the context words
used in the present tense include the future; words in plural number
include the singular number, and words in the singular include the
plural. The word “shall” is mandatory and not merely permissive.
Facilities no longer in service or physically disconnected
from the operating facilities, or from any other facilities, or from
any other facilities that are in use or that still carry service.
The fee charged by the city to recover its costs incurred
for right-of-way management; including, but not limited to, costs
associated with registering applicants; issuing, processing, and verifying
right-of-way permit applications; inspecting jobsites and restoration
improvements; determining the adequacy of the right-of-way restoration;
revoking right-of-way permits and other costs the city may incur in
implementing the provisions of this article.
An owner or authorized agent of an owner, who submits an
application for a permit under the provisions of this article.
That area around a utility excavation where the pavement
and sub-grade is impacted by the excavation and is subject to more
rapid deterioration due to the trench excavation.
The following:
A person who has been issued a certificate of convenience
and necessity, certificate of operating authority, or service provider
certificate of operating authority by the Texas Public Utility Commission
or “PUC” to offer local exchange telephone service or
a person who provides voice service as defined by V.T.C.A., Local
Government Code ch. 283 or “the act.”
The City of Celina, Texas and the city’s officers and
employees.
The construction, location, maintenance, relocation, alteration,
improvement, repair, removal or other work performed by the city,
or its designee, in the public right-of-way or on any city utilities
or city facilities.
Any water, sewer or drainage line or services owned and operated
by the city.
Refers to consolidating backfill material in a trench to
prevent future settlement.
The city’s comprehensive plan, as it exists or may
be amended.
Boring, the breaking of pavement, or the installation, modification,
upgrade, maintenance, removal, or similar activities, within the right-of-way.
The definition includes, but is not limited to, providing primary
service, restoration, or maintenance of existing facilities within
the right-of-way.
Any public or private person, subcontractor or organization,
other than the city.
Business day unless otherwise specified.
The city department of public works or a successor department
that is responsible for management of the right-of-way and roadway
infrastructure.
Are defined as those operations and repairs necessary to
prevent damage or injury to the health or safety of the public or
any person and the work necessary to address or prevent an immediate
service interruption. Upgrading of facilities, new service installation
and neighborhood improvement projects are not emergency operations.
Any activity that removes or otherwise disturbs soil, pavement,
driveways, curbs, or sidewalks in the right-of-way and does not include
landscaping activity unless the activity removes or disturbs the paved
portion of the right-of-way.
The equipment, and property, including but not limited to,
lines, poles, mains, pipes, conduits, ducts, cables, valves, manholes,
handholes and wires located under, on, or above the surface of the
ground within the right-of-way, and related facilities and equipment
used or useful for the provision of utility services.
The Federal Communications Commission.
The mayor and the city council of the City of Celina, Texas.
Any county, township, city, town, village, school district,
library district, road district, drainage or levee district, sewer
district, water district, fire district or other municipal corporation,
quasi-municipal corporation or political subdivision of the state
or of any other state of the United States and any agency or instrumentality
of the state or of any other state of the United States.
Shall refer to days in which city offices are closed in observance
of a holiday.
Shall refer to lines other than service connections used
to convey the right-of-way user’s product.
Any project, which includes 300 or more linear feet of excavation
or any excavation under pavement.
Equipment at a fixed location that enables wireless communications
between user equipment and a communication network.
A wireless service provider, or a person that does not provide
wireless services and that is not an electric utility but builds or
installs, on behalf of a wireless service provider, network nodes
or node support poles or any other structure that supports or is capable
of supporting a network node.
Shall refer to streets containing Portland cement, asphalt,
brick or other rigid or semi-rigid material that covers the surface
of a street and their underlying subgrade and base.
A permit issued under this article authorizing excavation
in the right-of-way.
Any person or right-of-way user to whom a permit is issued
to excavate a right-of-way.
Any trench with a centerline that when projected toward the
centerline of the street, the two lines intersect at an angle of 90
degrees.
Any person, company, partnership, contractor, subcontractor,
agency or other public or private entity, excepting the city.
Shall refer to a penalty assessed to the right-of-way user
who denies the public the use of public property for a time period
greater than allowed by this article.
The Public Utility Commission of Texas.
The annual application process of the right-of-way user to
use any portion of the right-of-way.
Shall refer to the document provided by the city, annually,
upon approval of the application for registration.
The temporary or permanent construction work necessary to
make the right-of-way useable.
That area around excavation where the pavement and subgrade
is impacted by an excavation.
The process by which an excavated right-of-way and surrounding
area, including, but not limited to, pavement and foundation structures,
ground cover, landscaping, and monuments are returned to the same
condition, or better than that which existed before the commencement
of the work.
Any repaving, overlay, seal or reconstruction which creates
a new pavement surface over the entire width of the street, excluding
crack seals and localized base and pavement repairs.
The surface of, and the space above and below, any street,
road, highway, freeway, tollway, lane, path, drainageway, channel,
fee interest, public way or place, sidewalk, alley, boulevard, parkway,
drive, fire lane or other easement now or hereafter held by the city
or over which the city exercises any rights of management or control
and shall include, but not be limited to, all easements now held,
or hereafter held, by the city, but shall specifically exclude private
property.
The right-of-way manager of the city, or his designee.
A person, its successors and assigns, that uses the right-of-way
for purposes of work, excavation, provision of services, or installing,
constructing, maintaining, or repairing facilities thereon, including,
but not limited to, landowners and service providers.
A work activity that makes no material change to the facilities
and does not disrupt traffic.
A commodity provided to a person by means of a delivery system
that is comprised of facilities located or to be located in the right-of-way,
including, but not limited to, gas, telephone, cable television, Internet
services, open video systems, alarm systems, steam, electric, water,
telegraph, data transmission, petroleum pipelines, or sanitary sewage.
Shall refer to the line that serves no more than two individual
customers or two meter banks.
The paved portion of the right-of-way, whether fee or easement,
that has been constructed, reconstructed, or resurfaced with concrete
or asphalt or some other surface.
Refers to any sign, post or other marker, which rises above
the surface of the ground to show the location of an underground utility.
All roadways and streets classified on the city’s comprehensive
plan, as it exists or may be amended, including but not limited to
a highway, tollway, major thoroughfare, minor thoroughfare, major
collector, minor collector or local collector.
The Texas Manual on Uniform Traffic-Control Devices, as it
exists or may be amended.
Shall refer to the designated representative of the right-of-way
user who is responsible for work zone safety and compliance with TMUTCD.
The right-of-way user shall ensure such person has adequate training,
knowledge and authority to perform the responsibilities listed above.
Each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for network nodes.
Shall refer to excavation deeper than 12 inches. This shall
include linear trenches, holes, pits and etc.
Shall refer to the V.T.C.A., Utilities Code sec. 251.001
et seq. as it exists or may be amended.
Any privately or publicly owned entity which uses right-of-way
to furnish the public any general public service, including, without
limitation, sanitary sewer, gas, electricity, water, telephone, petroleum
products, telegraph, heat, steam or chilled water, together with the
equipment, structures, and appurtenances belonging to such entity
and located within and near the right-of-way. Poles are regulated
herein only as specifically set forth in this article.
Marking the excavation site with white washable marking paint
or flags prior to requesting a utility location in order to further
identify the site.
Any service using licensed or unlicensed wireless spectrum,
including the use of wi-fi, whether at a fixed location or mobile,
provided to the public using a network node.
A person that provides wireless services to the public.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
Each utility and right-of-way user shall name a utility coordinator
who shall be the representative and point of contact for all communications
from the city and who shall meet with the right-of-way manager when
so requested.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
The right-of-way user shall notify the department at each of the
following times during a project:
(b)
The use of markers, stakes, poles, barricades or other devices shall
be used in such a way to avoid damage to adjoining property. The use
of “nonwashable” markers is prohibited.
(c)
Compliance with the Texas Utilities Code, as amended, is required
at all times.
(d)
All barricades, plates, cones, traffic directional equipment and
all other traffic-control devices owned, leased or used by the right-of-way
user and used on or near any excavation shall be clearly and visibly
marked with the name of the permittee and/or right-of-way user or
subcontractor, as applicable, at all times such equipment is used
on or near the right-of-way. An exception to the marking requirement
may be made in the sole discretion of the right-of-way manager in
the event the traffic-control equipment is not owned by the permittee
or right-of-way user.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
Within 30 days of passage of this article, each right-of-way user
shall provide the city an accurate map of their service area. The
map shall be in electronic format overlaid over the Collin County
and/or Denton County and North Central Texas Council of Governments
digital map, as applicable. In dual coverage areas, the city may request
additional information to enable identification of right-of-way users.
(b)
Each right-of-way user must maintain accurate maps and records of
its facilities. If available, the city’s road network may be
provided in digital format upon request. The right-of-way user is
encouraged to maintain their system maps geo-referenced to the city’s
geodetic network, which is on the Collin County and/or Denton County
digital map or the North Central Texas Council of Governments digital
map, as applicable. The map should include true bearings and distances
to the nearest established street lines and official monuments, which
shall be accurately described on the map. The right-of-way user will
provide the city with digital information within 90 days of a request
for maps from the city for any user with less than 50 miles of utilities
within the city. All other right-of-way users shall provide the digital
information within one year of the request. Thereafter, the data is
to be provided to the city on an annual basis by January 1st.
(c)
If the maps and records submitted in response to any request by or
requirement of the city include information expressly designated by
the right-of-way user as a trade secret or other confidential information
protected from disclosure by state law, the city and its agents, employees,
or other representatives may not disclose that information to the
public without the consent of the right-of-way 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. This subsection may not
be construed to authorize a right-of-way user to designate all matters
in its maps and records as confidential or as trade secrets.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
Notice for purposes of this article shall be made to the city
via electronic message (e-mail), overnight courier (generally used
carrier with tracing available) or hand delivery with signed receipt,
facsimile to the department, or United States mail return receipt
required.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
Nothing in this section relieves a right-of-way user and/or utility
from obtaining a permit under this article to perform work in the
right-of-way.
(b)
In order to protect the public health, safety, and welfare, a utility
maintaining or operating existing facilities in the right-of-way must
register with the right-of-way manager in accordance with the following
requirements:
(1)
The registration must be on a form furnished by the right-of-way
manager and made in the name of the right-of-way user that owns the
facilities.
(2)
Registration expires December 31st of the following year after the
first registration occurs. If the utility fails to renew registration
by that date, the city will send by certified mail a notice of noncompliance
to the address listed on the registration. If the utility fails to
renew registration within 30 calendar days after the date of sending
the notification, the facilities of the utility will be deemed to
have been legally abandoned.
(3)
If information provided as part of the registration changes, the
utility must inform the right-of-way manager, in writing, not more
than 30 days after the date the change occurs.
(4)
The utility shall also include the following registration:
(A)
The name of the utility using the right-of-way, including any business
name, assumed name, or trade name the utility operates under or has
operated under in the city within the past five years.
(B)
If the utility is a CTP, the certificate number issued by the Texas
Public Utility Commission.
(C)
The ordinance number of any franchise or license issued by the city
that authorizes the utility to use the right-of-way.
(D)
The names, addresses and telephone numbers of at least two persons
who will be general, day-to-day contacts for the utility. At least
one of the addresses must be within the Dallas/Fort Worth metropolitan
area.
(E)
The name and mailing address of the officer or agent designated as
the person authorized to receive service of process on behalf of the
utility.
(F)
The name, address and telephone number of any contractor or subcontractor,
who will be working in the right-of-way on behalf of the utility.
This list may be amended as needed by the utility; however, no work
shall be performed in the right-of-way by a contractor or subcontractor
that is not on the list, regardless of whether a permit is required.
(G)
The names and telephone numbers of at least two persons serving as
emergency contacts who can be reached by telephone 24 hours a day,
seven days a week. The telephone numbers should be accessible without
the city having to pay long distance telephone or toll charge.
(H)
Proof of existing insurance that complies with division 4.
(c)
Upon completion of registration, the city will provide the right-of-way user a registration certificate valid until the end of the calendar year during which the registration was completed. The right-of-way user may make as many photocopies of the registration certificate as necessary. The right-of-way user is responsible for ensuring that all contractors, listed in accordance with subsection (b)(4)(F) above have a copy of the registration certificate on site when work is being conducted under the provisions of the registration certificate.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
The right-of-way user is responsible for work zone safety including,
but not limited to, traffic control through the designated traffic-control
representative. The representative is responsible for compliance with
the TMUTCD and the traffic-control plan (if required) at all work
zone sites. The traffic-control representative shall ensure employees
on the jobsite have adequate training.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
All right-of-way users shall, upon request, provide proof of
any necessary permit, license, certification, grant, registration,
franchise agreement or any other authorization required by any governmental
entity, including, but not limited to, the city, state, or federal
government, or railroad or pipeline company, including a description
of the right-of-way user’s intended use of the right-of-way,
information sufficient to determine whether the right-of-way user
is subject to franchising or licensing by the city, and information
to determine whether the right-of-way user has applied for and received
any certificate of authority required by the PUCT. The information
provided shall be sufficient enough to determine whether the right-of-way
user has applied for and received any permit or other approvals required
by the FCC. Right-of-way user shall provide all such other information
as may be reasonably required by the city to complete the registration
statement.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
Where surface mounted markers are needed, curb mounted medallions
shall be used whenever possible.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
In the exercise of governmental functions, the city has first priority
over all uses of the right-of-way. The city reserves the right to,
among other things, lay water, sewer, drainage, and other pipelines
or cables and conduits, and to do underground and overhead work, and
attachments, restructuring, or changes in street facilities in across,
along, over, or under a public street, alley or right-of-way occupied
by an agency or right-of-way user, and to change the curb, sidewalks,
or the grade of streets.
(b)
The right-of-way user must relocate its facilities, at its own expense and in accordance with section 13.09.075, prior to the start of construction of a city project. Failure to comply with this provision shall subject the right-of-way user to the enforcement provisions contained herein.
(c)
A permit will be required when making facility adjustments in preparation
for city projects.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
It is unlawful for any person, its agents, servants or employees
to dig, plow, blast, make cuts, openings, bore, tunnel, excavate or
close lanes on a thoroughfare without first having made application
and obtained a permit therefore in compliance with the public right-of-way
permitting and construction manual, promulgated and amended by the
right-of-way manager, except for as allowed by this section. It is
unlawful for any person, its agents, servants or employees to make
or cause to be made any excavation in or under the surface of any
right-of-way for the installation, repair or removal of any facilities,
or for any other purpose without first obtaining from the right-of-way
manager a permit in compliance with this article.
(1)
Before issuing a permit, the right-of-way manager shall have been
provided a written application, on a form furnished by the right-of-way
manager, setting forth the name and residence or business address
of the applicant; the location and approximate area of the excavation,
including its approximate length and width, and, if the excavation
is in a street, whether it is parallel or transverse to the direction
of the travel lanes; and, the purpose of the excavation. The application
form shall include plans prepared in accordance with city specifications.
Plans shall be drawn at a reasonable scale that legibly and accurately
show all existing improvements and proposed work. All proposed work
must be shown in heavy or bold type lines and fonts. If proposed work
is in phases or part of another overall drawing, show all existing
and future work in lighter or faded out lines and fonts. If right-of-way
user cannot show distinctive line weights, the plans shall clearly
label the above information using text. When required by the Texas
Engineering Practice Act, as amended, the plans must be sealed by
a professional engineer licensed to practice in the state.
(2)
At the time the permit is issued, the applicant shall pay a nonrefundable
permit application fee in an amount as provided for in the master
fee schedule of the city.
(3)
The proposed location, depth and other characteristics of any facilities
for which the permit is issued shall be subject to approval of the
right-of-way manager, and all backfilling, compaction and pavement
restoration performed for any excavation shall comply with the requirements
of this article.
(4)
No fee or requirement authorized or imposed pursuant to this article
shall be construed to affect or alter in any way any obligation of
public and/or private utilities with facilities installed in any right-of-way
to relocate the facilities, at no cost to the city, subject to state
law, if applicable, in the event that relocation is required by the
city to accommodate a proper governmental use of the right-of-way.
(5)
Combinations of permits shall be permitted at the sole discretion
of the right-of-way manager. Fees shall be assessed based on the excavations
permitted.
(6)
Subdivision monuments, historical markers, and any other signs or
structures with foundations in the right-of-way, excluding billboards,
are subject to this article.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
The right-of-way manager reserves the right in his discretion to
require a right-of-way permit on service connections. Unless otherwise
required by the right-of-way manager, service connections do not require
a permit if all of the following conditions are met:
(1)
The service connection excavation shall not exceed four feet inside
the right-of-way to property line;
(2)
All excavation shall be in accordance with service connection drawings;
(3)
The address for the service connection is on the city provided form,
which is submitted to the right-of-way manager via e-mail. Work shall
not begin until the electronic form is transmitted to the right-of-way
manager;
(4)
The excavation required is less than 12 inches in depth;
(5)
The excavation is no wider than two inches or is hand dug; and
(6)
The service connection does not require boring.
(b)
Irrigation system installation requires a permit per existing city
codes.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
Application for a permit shall be addressed to the right-of-way manager
and made on a form furnished for that purpose, stating the extent,
dimensions, character and purpose of the cut or excavation to be made,
the location, by street and number if possible, where the work is
to be done, and the time in which it is to be completed. The application
form shall be accompanied by maps of the existing facilities in the
area, to the extent available, and the location of the proposed facilities,
methodology of construction, and proposed start and completion dates.
When the work includes excavating, which will exceed five feet in
depth, a trench safety design sealed by a licensed professional engineer
shall also accompany the application, unless otherwise provided by
law.
(b)
A permit shall only be valid for the area of the right-of-way specified
within the permit. No permittee may cause any work to be done outside
the area specified in the permit, except as provided herein. Any permittee
who determines that an area is greater than that which is specified
in the permit must apply for and receive a new right-of-way permit.
(c)
Fees shall apply to all right-of-way users unless governed by an
existing agreement with the city. Applicants may apply jointly for
permits to excavate the right-of-way at the same time and place. Applicants
who apply jointly for a right-of-way permit may share in the payment
of the permit fee. Applicants must agree among themselves as to the
portion each shall pay. The city will recognize only one point of
contact.
(d)
Permits will be issued or denied within ten (10) days of the city
receiving a complete application. Permits shall be valid for the dates
specified in the permit. The applicant may request but is not guaranteed
the permit be valid for such longer period as may be necessary in
the circumstances, in advance, as part of the application. The city
may approve or deny the application for such extended permit period.
No permittee may commence work before the permit start date and, except
as provided herein, no permittee may continue working after the end
date. If a permittee does not complete the work by the permit end
date, the permittee must apply for and may receive a new right-of-way
permit or a permit extension for additional time. This supplementary
application must be submitted to the city prior to the permit end
date. Applicants are encouraged to request a pre-submission meeting
for large projects.
(e)
An expedited permit may be requested, and shall be issued or denied
within five (5) days of application upon a showing of good cause,
as solely determined by the right-of-way manager.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
Every person making application for a permit in accordance with
the provisions of this article, and having complied with such provisions,
shall be entitled thereto, and, upon filing such application with
the right-of-way manager, it shall be his duty to issue the permit,
when the provisions of this article have been complied with.
(1)
Upon receiving a written application for a permit and a plan prepared
in accordance with the city specifications, the right-of-way manager’s
designee shall set forth all requirements, approve or disapprove the
application, sign and return it to applicant. Excepting only emergency
excavations, at least forty-eight (48) hours prior to the start of
work, the applicant shall notify the right-of-way manager the date
the work will commence when traffic-control devices are necessary
on a thoroughfare.
(2)
No permit shall be transferable. A permit shall be void unless the
excavation to be made pursuant thereto is commenced within the time
stated therein and the work diligently completed.
(3)
Each permit shall state a time period for completion of all the work
to be done hereunder. The right-of-way manager may in his sole discretion,
grant extensions of time.
(4)
No person in violation of any requirement of this article shall be
issued an excavation permit, nor shall any contractor or agent apply
for or be issued a permit on the person’s behalf, until the
outstanding violation is/are corrected or a plan for correction is
approved by the right-of-way manager. The foregoing requirement is
in addition to any penalty or remedy for violation that may be imposed
or sought by the city at law or equity.
(5)
No work shall be done under any permit issued under this article
except as stated in the permit. If the permit is allowed to expire,
the right-of-way user shall procure a new permit, paying the applicable
fee, prior to proceeding with any such work.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
The right-of-way user and contractor (if used) shall be identified
by three feet by three feet information signs on all work requiring
a permit. The signs shall state the name and phone number of the right-of-way
user and contractor (if used). The signs shall be placed in the right-of-way
on each approach to the location where construction is occurring from
the time of 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.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
Any right-of-way user engaged in making or backfilling any excavation
in any right-of-way shall, at all times while such work is in progress,
keep at the job location the permit, or a copy thereof, and shall
provide of the same, when requested by any authorized city employee.
At all times while the work is in progress, the right-of-way user
shall also maintain, at the job location, a sign, barricade or other
device bearing the right-of-way user’s name.
(b)
The right-of-way user shall protect from damage, utility conduits,
sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures,
irrigation, sidewalks, streets, signs, street lights, or other property
at, near or encountered in its work. The right-of-way user shall determine
the boundary of the right-of-way.
(c)
All excavations and other construction in the streets shall be conducted
so as to interfere as little as practicable with the use of right-of-way
and with the use of private property, in accordance with any lawful
and reasonable direction given by or under the authority of the governing
body of the city pursuant to the policy and regulatory powers of the
city necessary to provide for public convenience. The right-of-way
user shall not trespass upon private property. The right-of-way user
shall determine the boundary between right-of-way and private property
and place stakes/markers indicating the boundary to remain in place
for the duration of the work.
(d)
The city reserves the right to among others, lay, and allow to be
laid, electricity, sewer, gas, water and other pipe lines or cables
and facilities, as well as drainage pipes, and channels and streets,
and to perform, and allow to be performed, any underground and overhead
installation or improvement that may be deemed necessary or proper
by the governing body of the city, in, across, along, over or under
any right-of-way or public place occupied by a right-of-way user and
to change any curb or sidewalk or the grade of any street and to maintain
all of the city’s facilities. In allowing such work to be performed
by others, the city shall not be liable to a right-of-way user for
any damage caused by those persons or entities. Nothing herein shall
relieve any third party from responsibility for damages caused to
a right-of-way user by such third party.
(e)
All transmission and distribution structures, lines, equipment and
facilities erected by a right-of-way user within the city shall be
so located as to cause minimum interference with the proper use of
the right-of-way, and to cause minimum interference with the rights
and reasonable convenience of property owners who join any of said
streets. No pole may be placed in an area prohibited by another section
of this article or which interferes with the public’s unimpeded
use of the right-of-way.
(f)
If the city requires a right-of-way user to adapt or conform its
facilities, or in any way or manner to alter, relocate or change its
property to enable any other corporation or person, except the city,
to use, or to use with greater convenience, any right-of-way or public
place, the right-of-way user shall not be required to make any such
changes until such other corporation or person shall have undertaken,
with solvent bond, to reimburse a right-of-way user for any loss and
expense which will be caused by, or arise out of such removal, change,
adaptation, alteration, conformance or relocation of a right-of-way
user’s facilities; provided, however, that the city shall never
be liable for such reimbursement.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
It is unlawful for any person, its agents, servants or employees to perform construction in the right-of-way without first having made either application and obtained a permit therefor or have in possession a valid registration certificate. A registration certificate may only be used for construction activities not requiring a permit in accordance with this article. These activities include tree trimming, general maintenance, line work and providing a service connection from the property line to a customer provided the activity complies with section 13.09.037.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
(a)
Excavation and boring shall be conducted between 7:00 a.m. and thirty
(30) minutes before sundown on Monday through Friday, except on holidays.
No excavation or boring shall be performed on holidays.
(b)
All other work requiring an inspection shall be done between 7:00
a.m. and thirty (30) minutes before sundown on Monday through Friday,
except on holidays. No work shall be performed on holidays. A right-of-way
user may work on Saturday subject to the approval of the right-of-way
manager and a notification no later than noon on Thursday before the
Saturday in which the work is to be performed. The Saturday inspection
fee must be paid prior to noon on Thursday prior to the Saturday in
which the work is to be performed.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
A permit may be denied or suspended for any of the following
reasons:
(1)
Failure to provide proof of a surety bond or liability insurance
acceptable to the city or notice of termination of the same.
(2)
Failure to secure a contractor’s license or other required
license.
(3)
Failure to perform in accordance with the requirements of this article.
(4)
The excavation would be in a street and not otherwise permitted by
this article.
(5)
The proposed warning or other traffic-control procedures or equipment
do not comply with the requirements of the TMUTCD or the requirements
of the right-of-way manager.
(6)
The proposed activity would violate any city ordinance or state or
federal law, rule, regulation or statute.
(7)
The permit application contains false or misleading information.
(8)
The activity would cause a public health or safety hazard.
(9)
The right-of-way user is not authorized within the city.
(10)
The right-of-way user is in violation of this article relative to
work in progress.
(11)
The right-of-way user has not compensated the city, unless the user
is not legally obligated to compensate the city by contract, by agreement
or by law, for using the public property; or the right-of-way user
has failed to timely make required payments.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
A right-of-way user that: (i) has been denied registration;
(ii) has been denied a permit; (iii) has had a permit revoked; or
(iv) believes that fees imposed are invalid, may have the denial,
revocation, or fee imposition reviewed, upon written request as follows:
(1)
If an applicant desires to appeal a decision, the applicant may file
a written notice of appeal with the right-of-way manager within five
business days of the date the decision was rendered. The notice must
state the alternatives available and routes explored, hardship encountered,
cost comparison of other alternatives and a statement of any other
significant factors. The right-of-way manager shall provide a written
decision within five business days. Failure to render a decision within
five business days shall constitute a denial.
(2)
If a further denial is given, the appellant may thereafter file a
written notice of appeal to the city manager within five business
days of receipt of the right-of-way manager’s written decision.
The city manager shall provide a written decision within five business
days of receipt of an appeal in accordance with this section. Failure
to render a decision within five business days shall constitute a
denial.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
