The city manager shall appoint a right-of-way manager, who is the principal town official responsible for the administration of the right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. The right-of-way manager may delegate any or all of the
duties hereunder. The right-of-way manager shall have the duties, responsibilities and authority as specified for the right-of-way manager stated herein.
(Ordinance 18-832 adopted 11/12/18)
(a) 
The right-of-way user shall notify the department at each of the following times during a project:
(1) 
Forty-eight hours before the start of construction;
(2) 
Upon completion of the initial backfill; and
(3) 
Upon completion of the project.
(b) 
The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. A person shall only use a water-based paint in the public right-of-way to mark the location of existing underground utilities. A person commits an offense if the person makes a marking in the public right-of-way for the purpose of identifying the location of existing underground utility facilities and such marking remains visible longer than sixty (60) days after being applied.
(c) 
Compliance with the Texas Utilities Code, as amended, is required at all times.
(d) 
All barricades, plates, cones, traffic directional equipment and all other traffic-control devices owned, leased or used by the right-of-way user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or right-of-way user or subcontractor, as applicable, at all times such equipment is used on or near the right-of-way. An exception to the marking requirement may be made in the sole discretion of the right-of-way manager in the event the traffic-control equipment is not owned by the permittee or right-of-way user.
(e) 
Location of facilities.
(1) 
A permit does not relieve a right-of-way user of the responsibility to coordinate with other utilities and to protect existing facilities. A right-of-way user working in the right-of-way shall obtain 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.
(2) 
In performing location of facilities in the public rights-of-way in preparation for construction under a permit, the right-of-way user is responsible for compiling all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit and shall make that information available to the city in a written and verified format acceptable to the right-of-way manager.
(f) 
Protection of facilities.
(1) 
Before beginning excavation in any public right-of-way, a right-of-way user shall:
(A) 
Make a request with the Texas One-Call System for facility locates and any possible conflicts in compliance with the Underground Facility Damage Prevention and Safety Act (chapter 251 of the Texas Utilities Code, as amended, and 16 Tex. Admin. Code chapter 18, as amended);
(B) 
Make a request with the department for facility locates and any possible conflicts; and
(C) 
Make inquiries of all utility companies, districts, other local government entities and all other agencies that might have facilities in the area of work to determine the location of such facilities and any possible conflicts.
(2) 
Facility locations shall be marked prior to commencing work. The right-of-way user shall support and protect all pipes, conduits, poles, wires or other apparatus that may be affected by the work from damage during construction or settlement of trenches subsequent to construction.
(3) 
It shall be unlawful for a right-of-way user to work in the public right-of-way without having a valid and unexpired line locate confirmation number issued by the department. Information provided by the department regarding facility locations shall be valid for 14 business days or the expiration date that the department’s assigned line locater indicates on the department-issued line locate request form, whichever period is greater.
(4) 
No facility may be placed within four feet (4') horizontally, of or within any distance above, an existing or proposed city facility without a city-approved encroachment agreement, unless otherwise approved by the director of the department.
(g) 
Work in the public right-of-way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents.
(h) 
If the right-of-way user’s work in the right-of-way involves more than five hundred (500) feet of continuous trenching or boring or the installation of more than three (3) new node support poles or more than three (3) electrical meter pedestals or ground boxes, then the right-of-way-user shall submit to the town daily work location information, on the form provided by the town, each day before work can begin.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Within 6 months of passage of this article, each right-of-way user shall provide the town an accurate map locating their facilities in town right-of-way. As to any newly installed items, each right-of-way user shall provide the town an accurate map locating their facilities in town right-of-way within 30 days of installation. The map may be in electronic format overlaid over the North Central Texas Council of Government base digital map. In dual coverage areas, the town may request additional information to enable identification of right-of-way users.
(b) 
Each right-of-way user must maintain accurate maps and records of its facilities. The map should include true bearings and distances to the nearest established street lines and official monuments, which shall be accurately described on the map. The right-of-way user will provide the town with digital information within 90 days of a request for maps from the town for any user with less than 50 miles of utilities within the town. Thereafter, the data is to be provided to the town on an annual basis by January 1st.
(c) 
If the maps and records submitted in response to any request by or requirement of the town include information expressly designated by the right-of-way user as a trade secret or other confidential information protected from disclosure by state law, the town and its agents, employees, or other representatives may not disclose that information to the public without the consent of the right-of-way user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a right-of-way user to designate all matters in its maps and records as confidential or as trade secrets.
(Ordinance 18-832 adopted 11/12/18)
Notice for purposes of this article shall be made to the town via electronic message (e-mail), overnight courier (generally used carrier with tracing available) or hand delivery with signed receipt, facsimile to the department or United States mail return receipt required.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Nothing in this section relieves a person from obtaining a permit under this article to perform work in the right-of-way.
(b) 
In order to protect the public health, safety, and welfare, each right-of-way user must register with the right-of-way manager in accordance with the following requirements:
(1) 
The right-of-way user must apply for registration on a form furnished by the right-of-way manager; the application must be made in the name of the right-of-way user.
(2) 
The registrations of right-of-way users that are utilities shall expire on December 31st of each year. The registrations of all other right-of-way users shall expire one year from the date of registration. For utilities that fail to renew registration within 30 calendar days after the date the town sends the utility a notice of noncompliance, the utility’s facilities will be deemed to have been legally abandoned.
(3) 
If information provided by the right-of-way user as part of the registration application changes, then the right-of-way user must inform the right-of-way manager, in writing, within 30 days of the change.
(4) 
Each right-of-way user shall submit the following to the right-of-way manager at the time it submits its registration application:
(A) 
The complete name, mailing address and telephone number of the person making the application; if the applicant is a firm, corporation or business entity, the applicant must provide the name and private mailing address of a principal of the firm, corporation or business entity who is authorized to bind the firm, corporation or business entity in legal agreements. Each applicant must also provide the names of all employees authorized to obtain permits to work in the right-of-way;
(B) 
The names, addresses and telephone numbers of at least two persons who will be general, day-to-day contacts for the right-of-way user. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area;
(C) 
The name and mailing address of the person(s) authorized to receive service of process on behalf of the right-of-way user;
(D) 
The names and telephone numbers of at least two persons serving as emergency contacts for the right-of-way user who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay long-distance telephone or toll charge;
(E) 
Proof of existing insurance that complies with division 6 (indemnification, insurance, bonding and liability) of this article; and
(F) 
Any other information deemed necessary by the right-of-way manager.
(G) 
Each right-of-way user that is a utility also shall submit the following to the right-of-way manager at the time it submits its registration application:
(i) 
The name of the utility using the right-of-way, including any business name, assumed name, or trade name the utility operates under or has operated under in the city within the past five years;
(ii) 
If the utility is a CTP, the certificate number issued by the Texas Public Utility Commission;
(iii) 
The ordinance number of any franchise or license issued by the town that authorizes the utility to use the right-of-way; and
(iv) 
The name, address and telephone number of any contractor or subcontractor who will be working in the right-of-way on behalf of the utility. This list may be amended as needed by the utility; however, no work shall be performed in the right-of-way by a contractor or subcontractor that is not on the list, regardless of whether a permit is required.
(c) 
In extending the rights and privileges of such registration, the town makes no statement regarding the competency of those so registered, and no manner of license is proffered.
(d) 
No permit to perform work in the right-of-way shall be issued to any right-of-way user unless the right-of-way user holds a valid registration with the town under this article.
(e) 
No right-of-way user who obtains registration from the town under this article shall permit the use of such registration by any person, other than the right-of-way user’s employees, for the purpose of doing any work within the right-of-way, nor shall the right-of-way user subcontract to any other person any work for which a registration is issued to such right-of-way user.
(Ordinance 18-832 adopted 11/12/18)
The right-of-way user is responsible for work zone safety including, but not limited to, traffic control through the designated traffic-control representative. The representative is responsible for compliance with the TMUTCD and the traffic-control plan (if required) at all work zone sites. The traffic-control representative shall ensure employees on the jobsite have adequate training.
(Ordinance 18-832 adopted 11/12/18)
All right-of-way users shall, upon request, provide proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any governmental entity, including, but not limited to, the city, state, or federal government, or railroad or pipeline company, including a description of the right-of-way user’s intended use of the right-of-way, information sufficient to determine whether the right-of-way user is subject to franchising or licensing by the city, and information to determine whether the right-of-way user has applied for and received any certificate of authority required by the PUCT. The information provided shall be sufficient enough to determine whether the right-of-way user has applied for and received any permit or other approvals required by the FCC. Right-of-way user shall provide all such other information as may be reasonably required by the city to complete the registration statement.
(Ordinance 18-832 adopted 11/12/18)
(a) 
In the exercise of governmental functions, the town has first priority over all uses of the right-of-way. The town reserves the right to, among other things, lay water, sewer, drainage, and other pipelines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in street facilities in across, along, over, or under a public street, alley or right-of-way occupied by an agency or right-of-way user, and to change the curb, sidewalks, or the grade of streets.
(b) 
The right-of-way user must relocate its facilities, at its own expense and in accordance with sections 13.08.112, 13.08.113 and 13.08.114, prior to the start of construction of a town project. Failure to comply with this provision shall subject the right-of-way user to the enforcement provisions contained herein.
(c) 
A permit will be required when making facility adjustments in preparation for city projects.
(Ordinance 18-832 adopted 11/12/18)
It is unlawful for any person, its agents, servants or employees to dig, plow, blast, make cuts, openings, bore, tunnel, excavate or close lanes on a thoroughfare or collector without first having made application and obtained a permit therefor except for as allowed by this section. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the right-of-way manager a permit in compliance with this article.
(1) 
Before issuing a permit, the right-of-way manager shall have been provided a written application, on a form furnished by the right-of-way manager, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications. Plans shall be drawn at a reasonable scale that legibly and accurately show all existing improvements and proposed work. All proposed work must be shown in heavy or bold type lines and fonts. If proposed work is in phases or part of another overall drawing, show all existing and future work in lighter or faded out lines and fonts. If right-of-way user cannot show distinctive line weights, the plans shall clearly label the above information using text. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the state.
(2) 
At the time the permit issued, the applicant shall pay a nonrefundable permit application fee in an amount as provided for in division 5.
(3) 
The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the right-of-way manager, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article.
(4) 
No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and/or private utilities with facilities installed in any right-of-way to relocate the facilities, at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way.
(5) 
Combinations of permits shall be permitted at the sole discretion of the right-of-way manager. Fees shall be assessed based on the excavations permitted.
(6) 
Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this article.
(Ordinance 18-832 adopted 11/12/18)
(a) 
The right-of-way manager reserves the right in his discretion to require a right-of-way permit on service connections. Unless otherwise required by the right-of-way manager, service connections do not require a permit if all of the following conditions are met:
(1) 
The service connection excavation shall not exceed four feet inside the right-of-way to property line;
(2) 
All excavation shall be in accordance with service connection drawings;
(3) 
The address for the service connection is on the city provided form, which is submitted to the right-of-way manager via e-mail. Work shall not begin until the electronic form is transmitted to the right-of-way manager;
(4) 
The excavation required is less than 24 inches in depth;
(5) 
The excavation is no wider than two inches or is hand dug; and
(6) 
The service connection does not require boring.
(b) 
Irrigation and backflow system installation does not require a right-of-way permit if all of the following conditions are met:
(1) 
The work is performed with an existing valid irrigation or backflow permit issued by the town for the installation of an irrigation or backflow system, as applicable;
(2) 
The excavation does not exceed 16 inches in depth and 24 inches in width;
(3) 
The address for the site of the work is listed on the irrigation or backflow permit; and
(4) 
Line locates from the city are not required provided that the right-of-way user performing the work accepts full responsibility for any damages to or interference with town facilities caused by such work.
(c) 
New construction of single-family residential driveways, sidewalks, mailboxes and minor earthwork grading of single-family residential lots (less than 24 inches in depth) does not require a permit if all of the following conditions are met:
(1) 
The work is performed with an existing valid residential building permit issued by the town for the residential building;
(2) 
The excavation does not exceed 24 inches in depth;
(3) 
The address for the new residential construction is listed on the residential building permit and the building permit has not expired or been closed or terminated; and
(4) 
Line locates from the town are not required provided that the right-of-way user performing the work accepts full responsibility for any damages to or interference with town facilities caused by such work.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Application for a permit shall be addressed to the right-of-way manager and made on a form furnished for that purpose, stating the extent, dimensions, character and purpose of the cut or excavation to be made, the location, by street and number if possible, where the work is to be done, and the time in which it is to be completed. The application form shall be accompanied by maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction, and proposed start and completion dates. When the work includes excavating, which will exceed five feet in depth, a trench safety design sealed by a licensed professional engineer shall also accompany the application, unless otherwise provided by law.
(b) 
A permit shall only be valid for the area of the right-of-way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area is greater than that which is specified in the permit must apply for and receive a new right-of-way permit.
(c) 
Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The town will recognize only one point of contact.
(d) 
Permits will be issued or denied within five business days of the town receiving a complete application. Permits shall be valid for the dates specified in the permit. The applicant may request but is not guaranteed the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The town may approve or deny the application for such extended permit period. No permittee may commence work before the permit start date and, except as provided herein, no permittee may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the town prior to the permit end date. Applicants are encouraged to request a pre-submission meeting for large projects.
(e) 
An expedited permit may be requested, and shall be issued or denied within two days of application upon a showing of good cause, as solely determined by the right-of-way manager.
(Ordinance 18-832 adopted 11/12/18)
Every person making application for a permit in accordance with the provisions of this article, and having complied with such provisions, shall be entitled thereto, and, upon filing such application with the right-of-way manager, it shall be his duty to issue the permit, when the provisions of this article have been complied with.
(1) 
Upon receiving a written application for a permit and a plan prepared in accordance with the city specifications, the right-of-way manager’s designee shall set forth all requirements, approve or disapprove the application, sign and return it to applicant. Excepting only emergency excavations, at least one working day prior to the start of work, the applicant shall notify the right-of-way manager the date the work will commence when traffic-control devices are necessary on a thoroughfare.
(2) 
No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed.
(3) 
Each permit shall state a time period for completion of all the work to be done hereunder. The right-of-way manager may in his sole discretion, grant extensions of time.
(4) 
No person in violation of any requirement of this article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued a permit on the person’s behalf, until the outstanding violation is/are corrected or a plan for correction is approved by the right-of-way manager. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the town at law or equity.
(5) 
No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire, the right-of-way user shall procure a new permit, paying the applicable fee, prior to proceeding with any such work.
(Ordinance 18-832 adopted 11/12/18)
The right-of-way user and contractor (if used) shall be identified by three feet by three feet information signs on all work requiring a permit. The signs shall state the name and phone number of the right-of-way user and contractor (if used). The signs shall be placed in the right-of-way on each approach to the location where construction is occurring from the time of 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.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Any right-of-way user engaged in making or backfilling any excavation in any right-of-way shall, at all times while such work is in progress, keep at the job location the permit, or a copy thereof, and shall provide of the same, when requested by any authorized city employee. At all times while the work is in progress, the right-of-way user shall also maintain, at the job location, a sign, barricade or other device bearing the right-of-way user’s name.
(b) 
The right-of-way user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, irrigation, sidewalks, streets, signs, street lights, or other property at, near or encountered in its work. The right-of-way user shall determine the boundary of the right-of-way.
(c) 
All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of right-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the town pursuant to the policy and regulatory powers of the town necessary to provide for public convenience. The right-of-way user shall not trespass upon private property. The right-of-way user shall determine the boundary between right-of-way and private property.
(d) 
The town reserves the right to among others, lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes, and channels and streets, and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the town, in, across, along, over or under any right-of-way or public place occupied by a right-of-way user and to change any curb or sidewalk or the grade of any street and to maintain all of the town’s facilities. In allowing such work to be performed by others, the town shall not be liable to a right-of-way user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a right-of-way user by such third party.
(e) 
All transmission and distribution structures, lines, equipment and facilities erected by a right-of-way user within the city shall be so located as to cause minimum interference with the proper use of the right-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of said streets. No pole may be placed in an area prohibited by another section of this article.
(f) 
If the town requires a right-of-way user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the town, to use, or to use with greater convenience, any right-of-way or public place, the right-of-way user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a right-of-way user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a right-of-way user’s facilities; provided, however, that the town shall never be liable for such reimbursement.
(Ordinance 18-832 adopted 11/12/18)
(a) 
It is unlawful for any right-of-way user to perform construction in the right-of-way unless the right-of-way user is the holder of a valid registration under section 13.08.014.
(b) 
The right-of-way manager is entitled to suspend or revoke, temporarily or permanently, a right-of-way user’s privilege to work in the right-of-way on any of the following grounds: providing false or misleading information; failing to provide updated information to the right-of-way manager within 30 days of the date such information changes as required by section 13.08.014 of this article; allowing another person, other than the right-of-way user’s employees, to use the right-of-way user’s registration for the purpose of doing any work within the right-of-way; subcontracting to any person any work for which a registration is issued to the right-of-way user; failing to maintain insurance that complies with division 6 (indemnification, insurance, bonding and liability) of this chapter; failing to make a request for or an inquiry regarding facilities locates in compliance with section 13.08.011 of this article and/or working in the public right-of-way without having a valid and unexpired line locate confirmation number issued by the department; or being convicted of, or acknowledging, three or more violations of this article, divisions 2, 3 or 4 or any other ordinance of the town within a 12-month period.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Excavation and boring shall be conducted between the hours of 7:00 a.m. to 4:00 p.m. on Monday through Friday, except on holidays. No excavation or boring shall be performed on holidays.
(b) 
All other work requiring an inspection shall be done between the hours of 7:00 a.m. to 4:00 p.m. on Monday through Friday, except on holidays. No work shall be performed on holidays. A right-of-way user may work on Saturday subject to the approval of the right-of-way manager and a notification no later than noon on Thursday before the Saturday in which the work is to be performed. The Saturday inspection fee must be paid prior to noon on Thursday prior to the Saturday in which the work is to be performed.
(Ordinance 18-832 adopted 11/12/18)
A permit may be denied or suspended for any of the following reasons:
(1) 
Failure to provide proof of a surety bond or liability insurance reasonably acceptable to the town in accordance with division 6 of this article or notice of termination of the same.
(2) 
Failure to secure an applicable contractor’s license or other required license.
(3) 
Failure to perform in accordance with the requirements of this article.
(4) 
The excavation would be in a street and not otherwise permitted by this article.
(5) 
The proposed warning or other traffic-control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the right-of-way manager.
(6) 
The proposed activity would violate any town ordinance or state or federal law, rule, regulation or statute.
(7) 
The permit application contains false or misleading information.
(8) 
The activity would cause a public health or safety hazard.
(9) 
The right-of-way user is not authorized within the city.
(10) 
The right-of-way user is in violation of this article relative to work in progress.
(11) 
The right-of-way user has not compensated the town, or is not legally obligated to compensate the town by contract, by agreement or by law, for using the public property; or the right-of-way user has failed to timely make required payments.
(Ordinance 18-832 adopted 11/12/18)
A right-of-way user that (i) has been denied registration or a permit; (ii) has had its registration or a permit suspended or revoked; or (iii) believes that fees imposed are invalid, may appeal such denial, suspension, revocation or fee imposition as follows:
(1) 
The right-of-way user shall file a written notice of appeal with the right-of-way manager within five business days of the date the decision was rendered or the action occurred. If the city manager has designated the public works director as the right-of-way manager, then any appeal of such matters shall proceed directly to the city manager. The notice must state the grounds for the appeal and, if applicable, the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision on the appeal within five business days. Failure to render a decision within five business days shall constitute a denial.
(2) 
If the right-of-way user’s appeal to the right-of-way manager is denied, the right-of-way user may file a written notice of appeal to the public works director within five business days of receipt of the right-of-way manager’s written decision. The public works director shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial.
(3) 
If the right-of-way user’s appeal to the public works director is denied, the right-of-way user may file a written notice of appeal to the city manager within five business days of receipt of the public works director’s written decision. The city manager shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial. The city manager’s decision shall be final.
(Ordinance 18-832 adopted 11/12/18)