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)