All construction within the public right-of-way of the city
is prohibited unless such person shall first have obtained a permit
therefor from the administrative officer or the city, as herein provided,
or unless such person is specifically exempt therefrom. Such construction
shall specifically include:
(1) The
construction or demolition of curbs, gutters, streets, sidewalks,
driveway approaches, recessed parking areas and other construction
in the right-of-way. This does not apply to such construction or demolition
on private property except where such construction or demolition becomes
an integral part of streets as a portion of a recessed parking area.
(2) The
digging up, breaking, excavating, tunneling, undermining or damaging
of any street as herein defined, or placing, depositing or leaving
upon any street any earth or other material or obstruction.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, sec. 2, adopted 10/14/75; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-38)
(a) Work
done by the city or under city contract and under direction of the
city is exempt from the provisions of this division.
(b) Work
done by public utility companies (or their contractors) who operate
under a current franchise from the city is exempt from this division.
(c) Work such as major construction of mains, extensions of mains, installation of fire hydrants, etc., shall be done by qualified, bonded, insured contractors. Work of this type, done by a contractor, is not exempt from any bond, insurance or permit fee requirements. This provision does not apply to those covered under subsections
(a) and
(b).
(d) Work done pursuant to a permit obtained under the provisions of article
4-14 of the city code is exempt from the permit requirements of this division, but any work done within the public right-of-way must conform to all other applicable provisions of this division.
(e) Work
done by governmental agencies or by contractors under contract and
under supervision of governmental agencies is exempt from the permit
fee provisions of this division, but such work must be done in compliance
with all the other provisions of this division.
(f) Work
done by a homeowner within the public right-of-way abutting his property
shall be exempt from the bond and insurance provisions of this division,
but said homeowner must comply with the balance of this division.
Trenching or excavation for utility work in the public right-of-way
by a homeowner is not allowed.
(g) Work
done by a licensed plumber with a valid permit from the city building
inspection division is exempt from the permit requirements of this
division. All other requirements of this division will apply.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, sec. 3, adopted 10/14/75; Ordinance 92-21, sec. 1, adopted 3/24/92; Ordinance 98-16, sec. 1, adopted 2/10/98; 1957 Code, sec. 16-39)
A permit fee shall be collected by the administrative officer
for the issuance of right-of-way construction permits and for additional
reinspection hereunder, which shall be in addition to all other fees
or charges for any proposed construction work. These fees shall be
as follows:
(1) Permit
fees for construction or reconstruction in the public right-of-way
shall be based upon the estimated cost of the proposed work. Where
no line or grade is required to be established, the permit fee shall
be as follows:
Estimated Construction Cost
|
Fee
|
---|
$0 to $2,000
|
$25.00
|
$2,000 to $5,000
|
$25.00 + $0.90 per $100 cost over $2,000
|
$5,000 to $10,000
|
$52.00 + $0.80 per $100 cost over $5,000
|
$10,000 to $20,000
|
$92.00 + $0.70 per $100 cost over $10,000
|
Over $20,000
|
$162.00 + $0.60 per $100 cost over $20,000
|
(2) Where
the proposed work requires that the administrative officer establish
lines and/or grades, the permit fee shall be five (5) percent of the
construction cost, but not less than twenty-five dollars ($25.00).
(3) A
ten-dollar fee will be charged for repair work in the public right-of-way,
located between the property line and street curb or edge, for driveways,
retaining walls, parking areas, pavement repairs, underground lines,
pole setting, sidewalks or other similar improvements.
(4) If
construction-related activities require extended use of the public
right-of-way, a street lease will be required. The street lease fees
will be in addition to, and separate from, any right-of-way construction
permit fees. Street lease fees will be one hundred dollars ($100.00)
per one thousand (1,000) square feet of leased street right-of-way
or any portion thereof.
(5) Street
use permit or street beautification permit fees shall be twenty-five
dollars ($25.00).
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 88-91, sec. 1, adopted 10/25/88; Ordinance 92-21, sec. 1, adopted 3/24/92; Ordinance 95-55, sec. 1, adopted 10/24/95; 1957 Code, sec. 16-40)
(a) No
permit hereunder shall be issued unless a written application for
the issuance of said permit is submitted to the administrative officer.
The application is to contain such information as may be considered
necessary by the administrative officer to obtain sufficient information
concerning the job, contractor, owner, and work to be performed.
(b) Two
(2) sets of plans or sketches must be submitted showing the extent
of the proposed work and/or such other information as may be required
under the circumstances by the administrative officer.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-41)
(a) The
administrative officer shall issue a permit hereunder within seven
(7) days after receipt of a proper application together with the permit
fee and proper bond and insurance certificates, provided the administrative
officer finds that the submitted plans for construction shall meet
all requirements of this division and other applicable city and state
laws.
(b) Upon
approval of the permit, the administrative officer shall deliver to
the applicant such permit with one (1) set of plans for the proposed
work, indicating approval thereon, any revisions required in the proposed
work, and grades and/or benchmarks necessary for compliance with the
city design requirements. Where there are special conditions, practical
difficulties, or necessary hardships in the way of literal enforcement
of the strict letter and provisions of this division, the administrative
officer is hereby authorized to vary the application of any such provisions
in harmony with the general purpose and intent of this division, but
consistent with public interest, safety and general welfare. Any substantial
variances shall be in writing and shall be specifically noted in the
permit issued by the administrative officer.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-42)
(a) The
administrative officer shall provide each permittee, at the time a
permit is issued hereunder, a placard containing such information
as the administrative officer shall prescribe. Such placard must be
displayed at the site of the work in a conspicuous place for the duration
of the permit.
(b) It
shall be unlawful for any person to exhibit such placard at or about
any work not covered by such permit, or to misrepresent or omit any
of the information thereon.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-43)
Before a construction permit as herein provided is issued to
an applicant, he shall deposit with the city a bond in the amount
of ten thousand dollars ($10,000.00). A bond of two thousand dollars
($2,000.00) will be permitted where the work to be performed by the
applicant shall not exceed two thousand dollars ($2,000.00) in value
for any one (1) permit he may acquire for that work within the right-of-way.
The required bond must be:
(1) With
a good and sufficient corporate surety authorized to do business in
the state.
(2) Duly
completed on a form prescribed and furnished by the city.
(3) Conditioned
upon the permittee’s compliance and performance in accordance
with the Code of Ordinances, as well as the specifications of the
city; and said bond is further conditioned that the permittee shall
fill up, restore and place in good and safe condition, as near as
practical to the original condition, all openings and excavations
made in all streets, alleys or other public rights-of-way. An annual
bond shall be given under these provisions which shall remain in force
for a period of one (1) year from the date of the initial work permit
granted hereunder, or until all work under any permit granted within
a year of the date of said original permit shall have been completed,
as to all right-of-way construction or excavation work in public rights-of-way
within the city.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, sec. 4, adopted 10/14/75; Ordinance 77-17, sec. 1, adopted 2/8/77; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-44)
(a) Before
such permittee as described herein shall engage in any work described
herein, he shall file with the administrative officer, and thereafter
keep in full force and effect throughout the time of work, a policy,
or policies, of comprehensive general liability insurance, issued
by an insurance company authorized to do business in the state, which
policy shall be approved by the city attorney, and said policy shall
be performable in Ector County, insuring the public against any loss
or damage that may result to any person or property caused by the
negligent or willful acts of said contractor or permittee or his agents
or employees in the construction of or growing out of the construction
of said work, provided that the maximum amount of recovery in such
policy of insurance specified shall not be less than the following
sums for damages caused by the construction of said work, to wit:
(1) For bodily injury or death in any occurrence and in the aggregate,
three hundred thousand dollars ($300,000.00).
(2) For the injury or destruction of property in any one occurrence and
in the aggregate, fifty thousand dollars ($50,000.00).
(b) All
policies of insurance shall contain a provision for a continuing liability
thereon up to the full amount thereof, notwithstanding any recovery
thereon. It shall be the duty of such permittee and the surety on
the bond to give notice to the city by filing a written notice with
the administrative officer of the expiration of said policy at least
thirty (30) days before the expiration thereof.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, sec. 5, adopted 10/14/75; Ordinance 77-17, sec. 2, adopted 2/8/77; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-45)
(a) The
permittee shall not disturb any surface monuments or hubs found on
the line of work until ordered to do so by the city engineer.
(b) In
the event that the permittee, his agent or his employees disturb or
remove hubs or stakes, the hubs or stakes shall be replaced at the
expense of the permittee.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-46)
The permittee shall not interfere with any existing improvements
without the written consent of the administrative officer and the
person owning the improvements. If it becomes necessary to remove
an existing improvement, this shall be done by its owner. No improvements
owned by the city shall be moved to accommodate the permittee unless
the cost of such work is borne by the permittee. The cost of moving
privately owned improvements shall be similarly borne by the permittee
unless he makes other arrangements with the person owning the improvement.
The permittee shall protect any improvements which may be in any way
affected by his work. In case any of said improvements should be damaged,
they shall be repaired in conformance with all applicable requirements
by the agency or person owning them and the expense of such repairs
shall be charged to the permittee, and his or its bond shall be liable
therefor. The administrative officer shall have the authority to cause
said necessary labor and materials to be furnished by the city and
the cost shall be charged against the permittee, and the permittee
shall also be liable on his or its bond therefor. The permittee shall
be responsible for any damage done to any public or private property
by reason of the breaking of any water pipe, sewer, oil pipe, gas
pipe, electric conduit, telephone conduit or other utility, and his
bond shall be liable therefor. The permittee shall inform himself
as to the existence and location of all underground utilities and
protect the same against damage. The word “improvement”
shall include utilities.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-47)
The permittee shall at all times, and at his own expense, preserve
and protect from injury any adjoining property by providing proper
safeguards and taking measures adequate for the purpose.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-48)
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the work and shall replace the
same in as good condition as they were found, or shall make such provisions
for them as the administrative officer may direct. The permittee shall
not obstruct the gutter of any street, but shall use all proper measures
to provide for the free passage of surface water. The permittee shall
make provisions to take care of all surplus water, muck, silt, slicking
or other runoff pumped from excavations or resulting from sluicing
or other operations and shall be responsible for any damage resulting
from his failure to so provide.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-49)
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of the work any opening, machinery,
equipment or other device having the characteristics of any attractive
nuisance likely to attract children and be hazardous to their safety
or health.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-50)