(A) 
Any person who undertakes to perform any work upon, in, under, above or about any public street, highway, roadway, alley or sidewalk, hereinafter collectively called public right-of-way, which requires that the street be partially or completely closed for construction maintenance operation which work shall require excavation within or occupancy of the whole or a portion of the width of any such public right-of-way by equipment, materials, debris or workmen shall use barricades, signals, flags, flares, and all other traffic-control and warning devices and procedures about the work area during the duration of the work within the public right-of-way of the type and in the manner required by the “Texas Manual on Uniform Traffic-Control Devices for Streets and Highways, part VI, Traffic-Controls for Street and Highway Construction and Maintenance Operations,” as it is currently written or is subsequently amended. Part VI of the manual is incorporated by reference for all purposes. Such persons shall also be required to obtain a permit from the Director of Transportation if the specifications stated in section 3, B-1-3, are applicable, with the exception of the state department of highways and public transportation conducting work on any state-designated system. In such cases, no permit is required. This permit must be required before construction is begun. Purpose of the permit is to ensure that ample consideration has been given to the effect of said construction work on the flow of traffic.
(B) 
It shall be the responsibility of the permit holder to provide, erect, place and maintain all warning signs, traffic-control devices and barricades required by the “Texas Manual on Uniform Traffic-Control Devices” or the Director of Transportation. All such signs, devices and barricades should be in good condition, clean and legible and shall be of the type required by the “Texas Manual on Uniform Traffic-Control Devices;” provided, that the Director of Transportation may authorize the use of different or special devices and equipment if, in his opinion, such equipment will be at least as effective for its intended purpose as that set forth for such purpose in the “Texas Manual on Uniform Traffic-Control Devices.” When additional regulatory signs are deemed necessary by the Director of Transportation, such signing will be installed as directed by the Transportation Department along with such regulatory signs as are required to be provided by the City as required by the manual.
In this article the following words and terms shall have the meanings respectively ascribed them in this section:
City
means the City of Garland.
Contractor
means any person or group of persons entering into an agreement to perform work.
Detour
means an alternate route in which vehicular traffic is directed around a street which is closed.
Director of transportation
means the Director of the Transportation Department of the City or his or her duly appointed representative.
Emergency
means an unforeseen combination of circumstances, or the resulting state, that calls for immediate action.
Manual
means the “Texas Manual on Uniform Traffic-Control Devices for Streets and Highways, Part VI, Traffic-Controls for Street and Highway Construction and Maintenance Operations.”
Permit
means a written approval from the Director of Transportation or his or her appointed representative.
Public right-of-way
means any public street, highway, roadway, alley, or sidewalk.
Shall, should and may.
The word “shall” is a mandatory condition; the word “should” is an advisory condition to ensure safe operation conditions; and the word “may” is a permissive condition.
Streets and alleys
means a traveled way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. Specific types of public rights-of-way are as follows:
(1) 
Major thoroughfares or arterial streets are principal traffic arteries more or less continuous across the City which are intended to connect remote parts of the City and which are used primarily for fast or heavy volume traffic and shall include, but not be limited to, each street designated as a major street on the major thoroughfare plan.
(2) 
Collector streets are those which carry traffic from minor streets to the major system of arterial streets and highways including the principal entrance streets of a residential development and streets for circulation within such a development.
(3) 
Minor streets are those which are used primarily for access to abutting residential properties which are intended to serve traffic within a limited residential district.
(4) 
Alleys are minor traveled ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(A) 
Permit required.
The following provisions shall apply to permits required by this article:
(1) 
Application.
When a permit is required, the permit application shall, unless otherwise authorized by the Director of Transportation for good cause shown, be filed with the Director of Transportation at least two (2) business days prior to the day the applicant seeks to first close or block any part of the roadway and shall contain the following information:
(a) 
The name, telephone number, local address and principal place of business of the applicant.
(b) 
The name and day and night telephone numbers of the engineer, foreman or other person who will be in charge of the construction or repairs for which the application is requested.
(c) 
The times of the day and total number of calendar days the applicant seeks to block the roadway.
(d) 
A statement signed by the applicant, or a person authorized to bind the applicant, that the applicant will indemnify and forever hold the City harmless against each and every claim, demand or cause of action that may be made or come against it by reason of or in any way arising out of the closing or blocking of the roadway by the applicant under a permit from the City, if such permit is granted.
(e) 
A standard barricading layout showing placement of barricades, cones and information signs used on the project.
(f) 
An explanation as to the nature or type of work that is to be performed along with its location.
(g) 
Any other information deemed necessary by the Director of Transportation.
(2) 
Approval or disapproval.
The Director of Transportation shall either approve or disapprove the application in two (2) business days after it is submitted. The Director of Transportation may approve an application either as applied for or subject to special requirements, as provided in subsection (3) below, which special requirements shall be endorsed on the permit when issued and become a part thereof. If an application is not approved, the Director of Transportation shall so notify the applicant, in writing, stating the reasons for disapproval. An applicant may, if he so desires, undertake the revision of the unapproved application and resubmit it to the Director of Transportation who shall approve, approve subject to special requirements, or disapprove the amended application within two (2) business days. The director of transportation may disapprove applications for permits under this article for the following reasons:
(a) 
The proposed barricading, channelizing, signing, warning or other traffic-control procedures or the equipment therefor do not comply with the requirements of the manual.
(b) 
The nature of the work to be performed or its location is such that the work may, without imposing any undue hardship on the applicant, be performed without the necessity of blocking or closing the roadway.
(c) 
The work or the manner in which it is to be performed will violate a City ordinance or a state statute.
(d) 
Failure to furnish all of the information required by this article or, except for good cause shown, to file the application within the time prescribed by this article.
(e) 
Misrepresenting or falsifying any information in the application.
(3) 
Special requirements.
The Director of Transportation may, at the time he approves an application or anytime after a permit is issued, require:
(a) 
The use or specific location of additional barricades, signals, signs, or other traffic-control or safety devices or the pursuance of special traffic-control or safety procedures.
(b) 
That the work be performed only at certain hours during the day or night, or during specified days of the week.
(c) 
That only a specified area or not more than a specified number of lanes shall be blocked at the same time or at specified times of the day.
(d) 
That materials and equipment used in the work site and dirt removed from any excavation be located other than in the vehicle traffic lanes of such roadway.
(e) 
That all equipment be moved from the traffic lanes and any excavation in the traffic lanes be covered with steel plates or filled with materials of sufficient strength and construction to permit vehicular traffic to pass over such excavation during all or part of the peak traffic periods or at night.
When such requirements are deemed necessary by the Director of Transportation in the interest of public safety and to avoid traffic congestion, any such special requirements shall be endorsed on the permit and shall be a part thereof.
(4) 
Revocation.
The Director of Transportation may revoke a permit issue hereunder if any of the permit holder’s barricading, signing, channelizing, warning or other traffic-control procedures or the equipment at the work site does not comply with the requirements of the manual, or with any special requirements imposed by the Director of Transportation. The permit holder, or the person named as responsible for or in charge of the work in the permit, shall first be notified of the failure or defect and be given a reasonable time, such length of time to be determined by the Director of Transportation and not to exceed twenty-four (24) hours, to correct same before such permit is revoked. In the event a permit issued under this article is revoked, it shall be unlawful to continue to block the roadway, except to restore the site to its proper condition as required herein.
(5) 
Restoration.
In the event a permit is revoked, the permit holder shall immediately commence operations to restore the work area within the roadway to its proper condition, such work to be completed within twenty-four (24) hours. In addition, except as required to restore the work area to its proper condition, the permit holder shall remove all equipment, men, material and debris from the roadway. In the event such restoration is not done, the City shall be authorized, at its election, to take charge of the work and restore the premises to its proper condition and shall be entitled to recover from the permit holder by civil action the actual expenses incurred by the City in restoring the premises, including, but not limited to, cost of labor, materials, overhead, rental of any equipment used by the City in restoring the site and attorney’s fees, and for such purposes, the City shall have a right of action against any bonds in effect running from the holder of the permit to the City, conditioned upon compliance with the ordinances of the City in the performance of said work.
(B) 
Persons requiring permits.
The following provisions shall apply to persons required to have permits under this article:
(1) 
Contractor’s requirements.
(a) 
Any contractor undertaking any work whether of his own, or under contract for any other person, and such work is within a City street and requires that a set of plans be drawn up due to the extensive or complex nature of the work, will be subject to the provisions set forth in this subsection and must apply for a permit before beginning construction.
(b) 
A plan must be prepared by the contracting agency showing where work is to be performed. The plan will include a detailed barricading layout showing placement of barricades, cones and informational signs used on the project. In most cases, layouts will be similar to those shown in the latter part of the manual. Deviation from the manual will be allowed only with approval of the Director of Transportation.
(c) 
The plan as mentioned in subsection (1)(b) above must be submitted a minimum of two (2) business days prior to actual beginning of the construction work to allow the Transportation Department the opportunity to survey the construction site to determine any traffic problems which might develop as a result of the barricading.
(d) 
Each contractor or construction agency will provide, with his barricading plan, a listing of all persons directly responsible for the safety on each project to include an address and telephone listing at which said person can be reached at any hour of the day if a hazardous condition develops.
(e) 
Issuance of a permit by the Director of Transportation does not replace the need to obtain any other permits, approvals, bonds, etc., required by the City, state, etc., for the work to be done.
(2) 
Contract work by City-prepared construction plans.
(a) 
In the event the contractor undertakes work based on plans prepared by the City, a set of standard construction signing and barricading details will be inserted as part of the construction plans.
(b) 
A contractor’s agreement to perform work under the construction plans and specifications shall require him to be responsible for the proper signing and barricading under the provisions of the project specifications or as outlined in the manual and is subject to the penalties established by this ordinance [Ordinance 3458] and the project specifications. The contractor’s agreement to perform such work shall be sufficient compliance and not require compliance with subsection (B)(1) above.
(3) 
City forces and public utility company requirements.
(a) 
All City forces and public utility companies performing construction work within a street which requires that a set of plans be drawn up due to the extensive and/or complex nature of work, will be subject to the same requirements established in subsection (B)(1) above. Such work would include major street construction (streets, cuts, street widening, etc.), water and sewerage line laying or relocation or off-street construction which requires that a portion of the adjacent roadway be barricaded.
(b) 
Construction work performed by City forces or utility companies of minor nature such that a set of plans need not be prepared will not be subject to the same requirements established in subsection (B)(1) above. Such work includes minor street construction (resurfacing, patching, striping), minor utility work (usage of manholes such that a lane must be barricaded), etc. These forces will be required, however, to comply with all other provisions set forth in the manual as to the construction site barricade layout and signing. This work shall not be performed during the peak hour congestion periods of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on major thoroughfares or arterial streets, unless approved by the Director of Transportation.
(C) 
Emergency situations.
The requirements as mentioned above are to be used for all planned construction projects. In the event of an emergency type situation, notification of work to be done can be made by telephone directly to the City Police Department, thereby bypassing the requirements mentioned above. Under these conditions, the contractor or agency will still be required to follow the basic barricading standards of the manual.