No person shall commence or continue with excavation, construction, installation or the operation of facilities within a public right-of-way in the city except as provided by this division and the applicable codes and ordinances of the city, and the directives of the public works department.
(1996 Code, sec. 3.1501)
(a) 
No franchisee, licensee, or other person or entity having a right to use or occupy a public right-of-way in the city shall perform any excavation, construction or installation of facilities in such right-of-way without first obtaining a construction permit from the public works director of the city or his or her designee, except as provided herein. The permit will be in the name of the person or entity which owns or will own the facilities in the right-of-way. The permit application must be completed and signed by the owner or a representative of the owner of the facilities constructed or to be constructed in the right-of-way.
(1) 
Emergency responses requiring excavation, construction, or installation related to existing facilities may be undertaken without first obtaining a permit; however, the public works department must be notified in writing within one (1) business day of any excavation, construction or installation related to an emergency response, including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable.
(2) 
The phrase “excavation, construction or installation of facilities” does not include the installation of facilities necessary to initiate service to a customer’s property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement, the closure of a nonresidential traffic lane, excavation or boring.
(b) 
The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions.
(c) 
The person requesting a permit will provide documentation in the format specified in the following:
(1) 
The proposed approximate location and route of all facilities to be constructed or installed and the applicant’s plan for right-of-way construction, including the place or places and the character and extent of any excavation;
(2) 
Engineering plans for the overall site will be on a scale of one-inch (1") equals thirty feet (30') unless otherwise approved by the public works department. Engineering plans for site-specific locations will be on a scale of one-eighth inch (1/8") equals one foot (1');
(3) 
Detail of the location of all right-of-way and utility easements which the applicant plans to use;
(4) 
Detail of all existing city utilities and other public utilities in relationship to the applicant’s proposed route. Detail of all existing sidewalks and landscaping including trees, shrubs, bushes, etc.;
(5) 
Detail of what the applicant proposes to install, such as pipe size, number of interducts, valves, etc.;
(6) 
Detail of plans to remove and replace asphalt or concrete in streets (include city standard construction details);
(7) 
Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc., including depth located in public right-of-way;
(8) 
Handhole and/or manhole typicals of the type of manholes and/or handholes the applicant plans to use or access;
(9) 
Complete legend of drawings submitted by the applicant;
(10) 
Two (2) sets of engineering plans must be submitted with the permit application;
(11) 
The name, address and phone numbers of the facility owner, contractor and/or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work;
(12) 
The excavation, construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the public works director or his/her designee; and
(13) 
An indemnification of the city, its officers, agents and employees, from any damages or claims arising out of the acts or omissions of the permittee in performance of activities in city right-of-way pursuant to the permit. The indemnity shall be in a form prescribed by the public works director. The permittee, its contractor and sub-contractors must sign an acknowledgement that they have read and understood chapter 3, division 3 “construction in right-of-way” of this code.
(d) 
All excavation, construction and installation in the right-of-way shall be in accordance with the permit. The public works director or his or her designee shall be provided access to the work and to such further information as he or she may reasonably require to ensure compliance with the permit.
(e) 
A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the public works director or his or her designee at all times when excavation, construction or installation work is occurring.
(f) 
All work authorized by the construction permit must be completed in the time specified in the permit. If the work cannot be completed in the specified time periods, the permittee may request an extension. The public works director or his or her designee will use his or her best efforts to approve or disapprove a request for extension as soon as possible.
(g) 
A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the city must be submitted if requested by the public works department.
(h) 
Except in an emergency, a request for a construction permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the public works director or his or her designee.
(i) 
Requests for permits will be approved or disapproved by the public works director or his or her designee within a reasonable time of receiving all the necessary information. The public works director or his or her designee will use his or her best efforts to approve or disapprove a request for a permit as soon as possible.
(j) 
The public works department or the applicant/permittee can request a preconstruction meeting with the construction contractor, if any.
(k) 
Permit applications are required for construction on new, replacement or upgrading of the company’s facilities in the right-of-way, either aerial or underground.
(l) 
Installation of network nodes and related equipment in the public right-of-way by a network provider shall be exempted from this section if the installation is in accordance with chapter 284 of the Texas Local Government Code, as amended, and in compliance with division 4 of this article and the city’s design manual, as amended.
(Ordinance 17-025 adopted 8/15/17; Ordinance 18/007 adopted 2/6/18)
(a) 
All private construction performed in city right-of-way pursuant to a construction permit issued as provided in this article shall be subject to city inspection in the same manner as if it were being performed by the city’s own bonded contractor. The inspector will assure that the construction is in accordance with the plans and specifications for which the permit was issued and with the standard specifications for public works construction adopted by this chapter;
(b) 
An inspection fee, as specified in the master fee resolution of the city, shall be charged to the applicant and collected at the time of issuance of the construction permit.
(c) 
Barricades:
(1) 
If construction necessitates the closure of public property or public right-of-way, a barricade application must be submitted to the director of public works (the “director” or designee) on a form provided by the department of public works. A barricade application fee, to be set by the city council in the master fee resolution, must be paid upon submission of the barricade application. In addition, barricade permit fees must be paid in accordance with a chart to be included in the master fee resolution. Barricade permit fees are calculated by multiplying the area of public property or public right-of-way enclosed with and occupied by any barricade, fence, covered walkway, or tunnel (collectively “barricades”), or otherwise used by the contractor by the number of days the useable public property or public right-of-way is barricaded.
(2) 
Barricade permit fees are based on the entire project area and duration. Permit extensions that cause the rate per day to increase will retroactively apply to the entire project. Increase in either the area or duration permitted shall require a permit extension and revision application and an additional fee.
(3) 
Barricade permit fees must be paid prior to the issuance of a barricade permit. Barricades must remain in place until all associated work has been completed and fully approved by the city.
(4) 
The director shall charge a double fee for each day of occupancy of usable public property or public right-of-way by any contractor or other person or entity without a required permit, with a minimum charge of two days. Fees are charged by the day and any fraction of a day shall be charged as a full day.
(Ordinance 18/007 adopted 2/6/18; Ordinance 23-007 adopted 2/7/2023)
(a) 
The department of public works must be notified forty-eight (48) hours in advance that construction is ready to proceed by either the right-of-way user, its contractor or representative. At the time of notification, the right-of-way user will inform the public works department of the number (or other information) assigned from the one-call system.
(b) 
All construction shall be in conformance with all city codes and applicable local, state and federal laws.
(c) 
Informational signs stating the identity of the person doing the work, telephone number and permittee’s identity and telephone number shall be placed at the location where construction is to occur forty-eight (48) 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, unless other posting arrangements are approved or required by the public works director or his or her designee.
(d) 
Erosion control measures (e.g., silt fence) and warning signs, markers, cones and barricades must be in place before work begins.
(e) 
Lane closures on major thoroughfares will be limited after 9:00 a.m. and before 3:30 p.m. unless the public works department grants prior approval. Arrow boards will be required on lane closures, with all barricades, advanced warning signs and thirty-six-inch (36") reflector cones placed according to the specifications of the public works department.
(f) 
Permittees are responsible for the workmanship and any damages by contractors or subcontractors. A responsible representative of the permittee will be available to public works at all times during construction.
(g) 
The permittee shall be responsible for stormwater management erosion control that complies with city, state and federal guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire-backed silt fencing. Upon request, the permittee may be required to furnish documentation submitted or received from the federal or state government.
(h) 
The permittee or contractor or subcontractor will notify the public works department and the facility owner immediately of any damage to other utilities, either city or privately owned.
(i) 
It is the city’s policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior approval must be obtained by the public works department and all requirements of the public works department shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic.
(j) 
Installation of facilities must not interfere with city utilities, in particular gravity-dependent facilities.
(k) 
New facilities must be installed to a depth approved by the public works department.
(l) 
All directional boring shall have the locator place bore marks and depths while the bore is in progress. The locator shall place a mark at each stem with paint dot and depth at least every other stem.
(m) 
The working hours in the rights-of-way are 7:00 a.m. to 6:00 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 on Saturday must be approved twenty-four (24) hours in advance by the public works department. Directional boring is permitted only Monday through Friday, 7:00 a.m. to 6:00 p.m., unless approved in advance. No work will be done, except for emergencies, on city holidays.
(n) 
People working in the right-of-way are responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the geographic information system or the plans of record does not satisfy this requirement.
(o) 
The permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by public works, the permittee shall verify locations by pot holing, hand digging or other method approved by the public works department prior to any excavation or boring, with the exception of work involving lane closures, as discussed above.
(p) 
Placement of all manholes and/or handholes must be approved in advance by the public works department. Handholes or manholes will not be located in sidewalks, unless approved by the public works director.
(q) 
Locate flags shall not be removed from a location while facilities are being constructed.
(r) 
Construction which requires pumping of water or mud shall be contained in accordance with city codes and ordinances and federal and state law and the directives of the public works department.
(Ordinance 18/007 adopted 2/6/18)
(a) 
Right-of-way users will provide the public works director or his or her designee with “plans of record” within ten (10) days of completion of facilities in the right-of-way. Users which have facilities in the right-of-way existing as of the effective date of this division who have not provided “plans of record” shall provide one (1) quarter of the information concerning facilities in city right-of-way within one (1) year after the effective date of this division and one (1) quarter each six (6) months thereafter until the complete plans of record are furnished. The plans shall be provided to the city with as much detail and accuracy as required by the public works director. All the requirements specified for the plans submitted for the initial permit, as set forth herein, shall be submitted and updated in the plans of record. The detail and accuracy will concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. The detail will not include matters such as capacity of lines, customers, or competitively sensitive details. Submittal of “plans of record” shall be in digital format.
(b) 
This requirement, or portions of this requirement, may be waived by the information services director and the public works director for good cause.
(1996 Code, sec. 3.1504)
Whenever, by reason of widening or straightening of streets, water or sewer line projects, or any other public works projects (e.g., install or improve storm drains, water lines, sewer lines, etc.), it shall be deemed necessary by the city council to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user to another part of the right-of-way, such alterations shall be made by the owner of the facilities at its expense (unless provided otherwise by state law or a franchise in effect on August 26, 1999, until that franchise expires or is otherwise terminated) within the time limits set by the public works director or his or her designee, not less than ninety (90) days from the day the notice was sent to make the alterations, unless a different schedule has been approved by the public works director or his or her designee. Facilities not moved within ninety (90) days or within the approved schedule, as same may be extended from time to time, shall be deemed abandoned after thirty (30) days’ notice.
(1996 Code, sec. 3.1505)
(a) 
Any person or entity doing work in city right-of-way shall properly install, repair, upgrade and maintain his or its facilities.
(b) 
Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if:
(1) 
The installation, repairs, upgrade or maintenance endangers people;
(2) 
The facilities do not meet the applicable city codes;
(3) 
The facilities are not capable of being located using standard practices;
(4) 
The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the public works department.
(1996 Code, sec. 3.1506)
(a) 
Users of the right-of-way shall restore property affected by construction of facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved by the public works department.
(b) 
Restoration must be to the reasonable satisfaction of the public works department and the property owner. The restoration shall include, but not be limited to:
(1) 
Replacing all damaged ground cover with the same type of ground cover, or ground cover of better quality, either by sodding or seeding, as directed by the public works department;
(2) 
Installation of all manholes and handholes, as required;
(3) 
Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, unless other safety requirements are approved by the public works department;
(4) 
Leveling of all trenches and backhoe lines;
(5) 
Restoration of excavation site to city specifications; and
(6) 
Restoration of all landscaping, ground cover, and sprinkler systems.
(c) 
All locate flags and markings shall be removed during the cleanup process by the permittee or his or her contractor at the completion of the work.
(d) 
Restoration must be made within the time required by this division as specified by approved public works schedules and to the satisfaction of the public works director or his or her designee. If restoration is not satisfactory or not performed within the time required, all work in progress, except that related to the problem, including all work previously permitted but not complete, may be halted and a hold may be placed on any permits not approved until all restoration is complete.
(Ordinance 18/007 adopted 2/6/18)
If any of the provisions of this division are not followed, the permit may be revoked upon notice to the permittee of the cause by the public works director or his or her designee. If a person has not followed the terms and conditions of this division in work done pursuant to a prior permit, new permits may be denied or additional terms required.
(1996 Code, sec. 3.1508)
Any utility company or other entity having a legal right to place any of its facilities, infrastructure or appurtenances in the public right-of-way in the city shall, upon replacement of such facilities, infrastructure or appurtenances, or upon notice in writing from the public works director to do so, remove all obsolete, unused, or unusable above-ground facilities from the area of replacement or from the public right-of-way, within the time required by the director, but in no event later than ninety (90) days from such replacement or notice to remove. Any above-ground facility in the public right-of-way that is replaced, or that is abandoned or unused by the utility company or entity for longer than ninety (90) days, is, for purposes of this section, presumed to be “obsolete.” A utility or other entity receiving written notice of obsolete facilities may file a written appeal to the public works director within fourteen (14) days of the notice. The appeal must provide specific details why the facility is not obsolete. Upon receiving the written appeal, the public works director will determine within fourteen (14) days whether to dismiss or uphold the violation.
(1996 Code, sec. 3.1509)