For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The director of finance of the city or the director’s
designated representative.
The director of public works of the city or the director’s
designated representative.
A situation that could not be reasonably anticipated, and
where either of the following applies:
The document giving consent to construct, install, repair,
relocate or remove particular facilities within the right-of-way.
The plant, equipment and property, including but not limited
to lines, poles, mains, pipes, conduits, ducts, cables, valves, and
wires, located under, on, or above the surface of the ground within
the right-of-way of the city and related facilities and equipment
used or useful for the providing of utility services.
That work which can be completed, consistent with applicable
federal or state laws or regulations, without doing or requiring any
of the following:
A natural person, corporation, company, association, partnership,
firm, limited liability company, joint venture, joint stock company
or association, or other such entity.
The document giving consent to own and operate facilities
within the right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
municipality has an interest. The term does not include the airwaves
above a right-of-way with regard to wireless telecommunications.
A business that offers a public utility service, including
but not limited to gas, electricity, cable, or telecommunications
services.
(2001 Code, sec. 155.01)
(a)
This article governs the location, placement, installation, repair,
maintenance and removal of all utility facilities within the rights-of-way
of the city.
(b)
Any utility provider with a current, unexpired franchise agreement
or other authorization from the city to use the right-of-way that
is in effect on the effective date of this article, August 14, 2000,
shall continue to operate under and comply with that grant until either
of the following occurs:
(2001 Code, sec. 155.02)
The purposes of this article are to:
(1)
Assist in the management of facilities placed in, on or over the
public rights-of-way in order to minimize the congestion, inconvenience,
visual impact and other adverse effects, and the costs to the citizens
resulting from the placement of facilities within the public rights-of-way;
(2)
Govern the use and occupancy of the public rights-of-way;
(3)
Assist the city in its efforts to protect the public health, safety
and welfare;
(4)
Conserve the limited physical capacity of the public rights-of-way
held in public trust by the city;
(5)
Preserve the physical integrity of the streets and highways;
(6)
Control the orderly flow of vehicles and pedestrians;
(7)
Prevent interference between the different entities using the rights-of-way;
and
(8)
Protect the safety, security, appearance, and condition of the rights-of-way.
(2001 Code, sec. 155.03)
The city may refuse to issue a permit or may revoke any permit
already issued and may terminate work in progress by any utility provider
which is not in compliance with this article. If a person has not
complied with the provisions of this article in work performed pursuant
to a permit, the city may deny a subsequent application for a permit
or may impose modifications.
(2001 Code, sec. 155.26)
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this article shall be fined not more than
five hundred dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
(2001 Code, sec. 155.99)
(a)
A utility provider that has facilities in the rights-of-way existing
as of the effective date of this article, August 14, 2000, and that
has not provided the city “plans of record” shall provide
such information to the director of public works not later than one
year after the effective date of this article in the format specified
by the director and with as much detail and accuracy as required by
the director. The registration holder shall submit “plans of
record” in hard copy and in digital format (ArcInfo or AutoCAD
or as may be otherwise approved by the director). The registration
holder is not required to include in the submission matters such as
capacity of lines, customers, or details which it demonstrates to
the reasonable satisfaction of the director of public works to be
confidential information or a breach of security so long as the plans
show the location and physical dimensions of the facilities.
(b)
For facilities constructed after the effective date of this article, August 14, 2000, a registration holder shall provide the director of public works with “plans of record” within 90 days of completion of facilities in the rights-of-way. The plans shall be provided to the city in a format prescribed by the city, and in accordance with the provisions of subsection (a) of this section.
(c)
(1)
The director of public works, for good cause, may waive all or portions of the requirements of subsections (a) and (b) of this section. Determination of good cause shall include an assessment of the following:
(A)
The utility provider’s ability feasibly and economically to
remove customer specific, proprietary or confidential information
from its plans; and
(B)
The utility provider’s standard business practice relative
to the preparation of plans of record. The director may impose conditions
on the waiver.
(2)
The director may reassess waivers from time to time to determine
whether the utility provider’s ability to provide plans of record
has changed.
(2001 Code, sec. 155.11)
(a)
A registration holder or its contractor may trim trees in or over
the rights-of-way for the safe and reliable operation, use and maintenance
of its facilities. All tree trimming in rights-of-way and easements
shall be performed in accordance with guidelines established by the
National Arborist Association and International Society of Arboriculture.
The registration holder shall trim the trees in such a manner to preserve
as much vegetation and natural shape of trees as reasonably possible,
and still accomplish a safe and effective tree trimming program. The
registration holder shall make reasonable efforts to contact affected
property owners prior to necessary tree trimming operations. Should
the registration holder or its contractor fail to remove the trimmings
within 24 hours of trimming, unless a longer period is required for
extraordinary conditions beyond the control of the registration holder,
the city may remove the trimmings. Should the city remove the trimmings,
the registration holder shall reimburse the city for all costs incurred
within 30 days of receipt of an invoice from the city.
(b)
A registration holder shall temporarily remove, raise or lower its
aerial facilities to permit the moving of houses or other bulky structures,
if the city first gives written notice of not less than five days.
If a registration holder contacts the city prior to the expirations
of the five-day period and provides information indicating that the
movement of the aerial facilities will require additional time, the
city may authorize an alternate schedule. The expense of the temporary
rearrangements shall be paid by the party requesting and benefitting
from the temporary rearrangement. The registration holder may require
prepayment or the posting of a bond from the party requesting the
temporary rearrangement.
(2001 Code, sec. 155.12)
A person commits an offense if the person places or causes to
be placed any facilities within the rights-of-way in any other manner
than specified in this article.
(2001 Code, sec. 155.13)
(a)
An applicant for an excavation permit or the applicant’s contractor
shall notify a notification center, established pursuant to V.T.C.A.,
Utilities, chapter 251, prior to conducting any work in the right-of-way
such as excavating, drilling, underground boring, jacking, or open
cutting.
(b)
A permit holder shall provide the director of public works with the
following information not less than 48 hours before beginning work
under the utility construction permit:
(1)
The reference number received from the notification center;
(2)
The exact dates and time work will be performed under the utility
construction permit; and
(3)
The name, address and telephone number of the person who will perform
the work, including a representative who will be available at all
times during construction.
(c)
The notice of work must be in writing and may be sent by facsimile
transmission.
(2001 Code, sec. 155.19)
(a)
All facilities constructed within the right-of-way after the effective
date of this article, August 14, 2000, shall:
(1)
Conform to the city’s design standards and criteria, which
provide a guideline for right-of-way use and all codes and ordinances
in effect at the time of submittal of the application;
(2)
Be installed in accordance with plans and at locations within the
right-of-way approved by the city;
(3)
Be installed or constructed so as not unreasonably to interfere with:
(4)
Be situated so as to minimize the space used.
(b)
To the extent permitted by law, the director of public works may
require the location of facilities underground.
(2001 Code, sec. 155.20)
(a)
In performing the work covered by the permit, the permit holder shall
do all of the following:
(1)
Comply with trench safety requirements adopted by federal, state,
and local law;
(2)
Follow the appropriate National Safety Code, as applicable, regarding
design and construction procedures;
(3)
Compact the backfill to a density of 95% as determined by a testing
laboratory to prevent settling when a trench lies under any city street,
and otherwise, to a density which meets the North Texas Council of
Government specifications for construction, as adopted by the city.
In lieu of the backfill compaction and testing, and after receiving
approval from the director, a concrete cap meeting the North Central
Texas Council of Government specification section 6.5.2(d) may be
used;
(4)
Install new facilities at a minimum depth approved by the director
of public works;
(5)
Ensure that the portion of the right-of-way in which repair work
is conducted is, at all times and to the extent practicable, kept
free of accumulating water;
(6)
Promptly remove from the right-of-way all earth, gravel, stone or
other material excavated from the area of such repair work, which
is not needed for fill material at that location;
(7)
Erect and maintain information signs, measuring three by three feet,
at the location where construction is to occur. The signs shall state
the identity and telephone number of the person doing the work and
the identity and telephone number of the permit holder. The signs
shall be erected 24 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;
(8)
Notify the director of public works immediately of any damage to
other facilities, either city or privately owned;
(9)
Ensure that newly installed facilities will not interfere with other
facilities, in particular gravity dependent facilities;
(10)
Comply with city, state and federal guidelines for stormwater management
erosion control; and
(11)
Submit to the director of public works evidence that a stormwater
pollution prevention plan (SWPPP) has been submitted to the Environmental
Protection Agency or state commission on environmental quality or
submit a letter from the EPA stating that the permit holder is not
required to obtain such approval.
(b)
In performing work on facilities within the right-of-way, a permit
holder shall not do any of the following:
(1)
Unreasonably interfere with the operation of other facilities or
equipment situated within the right-of-way, whether owned or maintained
by the city or other utility providers;
(2)
Use dynamite or other explosives during the excavation without the
prior written approval of the director of public works; or
(3)
Remove locate flags from a location while facilities are being constructed.
(c)
Notwithstanding the relationship between a permit holder and its
contractors, a permit holder is responsible for the workmanship and
any damages by a contractor or subcontractor. A responsible representative
of the permit holder will be available to the public works department
at all times during construction.
(d)
Except in an emergency, the working hours in the rights-of-way are
8:00 a.m. to 5:00 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 outside these times must be approved
24 hours in advance by the public works department. Directional boring
is permitted only Monday through Friday 8:00 a.m. to 5:00 p.m., unless
approved in advance. No work will be done on city holidays, except
for emergencies.
(e)
A permit holder is responsible for:
(1)
Physically verifying the location, both horizontal and vertical,
of all affected facilities using methods meeting the federal Subsurface
Utility Engineering Quality Level A standards prior to any excavation
or boring, with the exception of work involving lane closures; and
(2)
Obtaining line locaters from all affected utilities prior to any
excavation. Use of the Geographic Information System or the plans
of record does not satisfy this requirement.
(f)
The director of public works must approve in advance the placement
of all manholes and/or handholes. Handholes or manholes shall not
be located in sidewalks, unless approved by the director.
(2001 Code, sec. 155.21)
(a)
A person shall obtain prior approval of the director of public works when a street or sidewalk cut is required, and comply with all requirements of the public works department for street cuts. Such notification is not required under emergency conditions provided that the notification procedures of section 13.06.061(c) are met.
(b)
A permit holder or person shall not cut or open more than one-half
of the roadway at any time in order to maintain the flow of traffic
at all times. In an emergency, however, or with the permission of
the director of public works, the total width of the roadway may be
cut or opened provided barricades are placed at the first intersection
each way from the cut and detour signs are erected.
(c)
Except in an emergency, all street closures or detours that will
exceed 24 hours in duration shall be posted by a sign at least two
days prior to the closure or detour. If a cut or opening is left after
6:00 p.m., a barricade must be placed on both sides of the cut and
flares or red or amber lights shall be placed in front of each barricade.
(d)
In performing the work, a permit holder shall furnish and install
the barricades, flares, and lights as necessary, and in compliance
with the current edition of the Texas Manual for Uniform Traffic Control
Devices.
(e)
During the time the work is actually being conducted, the permit
holder shall provide a flagger to alert the public to the work, when
required by the current edition of the Manual of Uniform Traffic Control
Devices or when required by a city inspector.
(f)
Lane closures on major thoroughfares will be limited to between 8:30
a.m. and 4:00 p.m. unless the director of public works grants prior
approval. Arrow board is required on lane closures, with all barricades,
advanced warning signs and 36-inch reflector cones placed in accordance
with the current edition of the Texas Manual for Uniform Traffic Control
Devices.
(2001 Code, sec. 155.22)
(a)
After completion of any work within the right-of-way, a permit holder
shall return all flowlines and grades in the right-of-way to their
original condition and shall complete restoration, which shall include,
but not be limited to:
(1)
Replacing all ground cover with equal to the type of ground cover
damaged during work, or better, either by sodding or seeding, as determined
by the director;
(2)
Installing all manholes and handholes, as required;
(3)
Backfilling, or covering with a steel plate, all bore pits, potholes,
trenches or any other holes, unless other safety requirements are
approved by the director of public works;
(4)
Leveling of all trenches and backhoe lines;
(5)
Restoring excavation site to city specifications;
(6)
Restoring all landscaping, ground cover, and sprinkler systems; and
(7)
Removing all locate flags during the cleanup process.
(b)
A permit holder shall complete restoration to the reasonable satisfaction
of the city within 30 calendar days after completion of the work,
unless otherwise extended by the director of public works, in accordance
with existing standards of the city in effect at the time of the work.
(c)
Should the city reasonably determine, within one year from the date
of the completion of the repair work, that the surface, base, irrigation
system or landscape treatment requires additional restoration work
to meet existing standards of the city, the permit holder responsible
for the original or any subsequent restoration shall perform such
restoration work to the reasonable satisfaction of the city.
(d)
Notwithstanding subsection (c) above, the city shall promptly notify the permit holder and registration holder of any necessary repair or restoration to the right-of-way required to remove a safety hazard to the public. If the city determines that repairs and restoration to remove the safety hazard have not or will not be made in a timely manner, the city may undertake emergency repairs and restoration efforts and the city shall notify the registration holder as promptly as possible prior to or after beginning the work. A permit holder shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city’s invoice.
(e)
If a permit holder fails to perform necessary restoration in accordance
with the requirements of this section, all work in progress, except
that related to the problem, which has been permitted but not complete
may be halted and the city may place a hold on any permits not approved
until all restoration is complete.
(2001 Code, sec. 155.23)
If the permit holder fails to perform diligently the work described
in the permit, abandons the job, or for other reasons does not complete
the work within a timely manner, the city, after giving notice to
the registration holder, shall have the authority to take such action
as is necessary to restore the right-of-way to a good and safe condition
for the benefit and convenience of the public. If the failure to complete
the work causes a safety hazard, the city shall commence restoration
and shall notify the registration holder as promptly as possible after
commencing work. Under these circumstances, the permit holder shall
be responsible for all costs incurred by the city in restoring the
right-of-way and shall make no claim against the city for any excess
costs or expenses or damage incurred by the permit holder or utility
provider on account of the city’s action.
(2001 Code, sec. 155.24)
(a)
The city shall have the right at any time to order and require any
registration holder to remove and abate any facility that the director
of public works determines is necessary to address a public health
or safety emergency. If the registration holder or permit holder,
after notice, fails or refuses to act, the city shall have the power
to cause the removal or abatement of the dangerous facilities at the
expense of the registration holder without liability for damages.
The registration holder shall reimburse the city for all costs incurred.
(b)
When required by the city for reasons of public safety, street vacation,
widening, relocation or re grading, or installation, repair or maintenance
of streets, drainage ways, sewer mains, water pipes, power lines,
signal lights, or any other type of structures or improvements installed
by the city on behalf of the public, the registration holder shall,
at its own expense, disconnect, remove, and relocate from the right-of-way
any lines, facilities, or other improvements within 60 days of the
date when ordered in writing by the city manager, and the registration
holder shall have no claim for reimbursement of costs or damages against
the city, unless otherwise provided by state law. The 60-day limit
shall not apply if the director of public works has approved a different
schedule. Facilities not moved after 60 days shall be deemed abandoned
after the city gives the registration holder 30 days’ notice.
(2001 Code, sec. 155.25)
