A CTP must provide evidence that the CTP has acquired authorization
from the PUCT pursuant to state law, prior to obtaining a permit to
use public right-of-way. The CTP’s right to use and occupy the
public right-of-way shall not be exclusive, and the city shall have
the right to exercise its police powers and manage its public right-of-way,
based on the act and all other state or federal laws.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
A CTP shall notify the right-of-way manager of any sale, transfer,
merger or assignment of the ownership or control of a CTP’s
business within 30 days of such sale, transfer, merger or assignment.
A CTP shall also maintain and provide current point-of-contact information
with the right-of-way manager at all times during which the CTP uses
the right-of-way.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
CTPs are exempted from the following fees provided for in this
article:
(1)
Permit application fee, including expedited application fee and permit
expiration fee;
(2)
Additional permit fee;
(3)
Saturday inspection fee;
(4)
Registration fee.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
Unless determined otherwise by the right-of-way manager a CTP
will be exempt from the bonding requirements of this chapter, however,
in the event that the right-of-way manager determines, based upon
reasonable grounds, that a bond is necessary to protect the public
assets, and/or the health and safety of the public, then the right-of-way
manager may require that a CTP post a reasonable bond not to exceed
$100,000.00. Factors to be considered in determining reasonable grounds
may include, but are not limited to, a conviction for violation of
this article, a general pattern of substandard adherence to the provisions
of this article or the failure to comply with this article. If three
years pass from the date that the right-of-way manager requires a
bond of a CTP and it has not been necessary for the city to seek performance
under the bond, then a bond will no longer be required pursuant to
this section.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
A CTP shall indemnify the city as specified by V.T.C.A., Local
Government Code section 283.057, as may be amended. A CTP shall be
exempt from all indemnity requirements of this article that are inconsistent
with V.T.C.A., Local Government Code section 283.057, as amended.
(Ordinance 2017-35, sec. 3.01, adopted 8/8/17)
