For the purpose of this article, the following words shall be
defined hereinbelow:
A person who has been issued a certificate of convenience
and necessity, certificate of operating authority, or service provider
certificate of operating authority by the Texas Public Utility Commission
or “PUC” to offer local exchange telephone service or
a person who provides voice service as defined by V.T.C.A., Local
Government Code ch. 283 or “the Act”.
The City of DeSoto, Texas, or its designated agent of the
city.
Any work performed above the surface, on the surface or beneath the surface of a public right-of-way including but not limited to, installing, servicing, repairing, upgrading or modifying any facility in, above or under the surface of the public right-of-way, and restoring the surface and subsurface of the public right-of-way, subject to the provisions of Section 3.1120(a). The phrase "construction" does not include the installation of facilities necessary to initiate service to a customer's property, or the repair or maintenance of existing facilities unless such installation, repair or maintenance requires the cutting or breaking of pavement, excavation or boring.
Any of the following forms of security provided at the owner's
option:
The permit which, pursuant to this article, must be obtained
before an owner may construct facilities in, on, above or under a
right-of-way. A construction permit allows the holder to construct
facilities in that part of the right-of-way described in such permit.
The director of development services for the city.
Tthe director of the development services of the city or
designee.
A condition that: (1) poses a clear and immediate danger
to life or health, or an immediate and significant loss of property;
or (2) requires immediate repair or replacement of facilities in order
to restore service to a customer.
Shall include but not be limited to any and all cables, pipelines,
splice boxes, tracks, tunnels, utilities, vaults and other appurtenances
or tangible things owned, leased, operated or licensed by an owner
or owners, that are located or are proposed to be located in, on,
above or under the public rights-of-way. Plural shall also mean the
singular.
Tthe individual grant to use the public rights-of-way issued
by the city and accepted by the individual owners in accordance with
the ordinances of the City of DeSoto, Texas, a franchise agreement,
a license, or under operation of state law which provides a specific
grant of authority to use the rights-of-way.
Equipment at a fixed location that enables wireless communications
between user equipment and a communication network.
A wireless service provider, or a person that does not provide
wireless services and that is not an electric utility but builds or
installs, on behalf of a wireless service provider, network nodes
or node support poles or any other structure that supports or is capable
of supporting a network node.
Any person who owns any facilities that are or are proposed
to be installed or maintained in, on, above or under the public right-of-way.
Included within this definition is the owner's contractor, subcontractor,
agent or authorized representative.
A permit to perform construction in accordance with this
article.
Any natural or corporate person, business association or
other business entity including but not limited to a partnership,
a sole proprietorship, a political subdivision, a public or private
agency of any kind, a utility, a successor or assign of any of the
foregoing, or any other legal entity, but excluding the city.
The area of land within the city that is acquired by, dedicated
to, or claimed by the city in fee simple, by easement or by prescriptive
right and that is expressly or impliedly accepted or used in fact
or by operation of law as a public roadway, highway, street, sidewalk,
alley or utility access easement. The term includes the area on, below
and above the surface of the public right-of-way. The term applies
regardless of whether the public right-of-way is paved or unpaved.
The term does not include airwaves above the public right-of-way with
regard to wireless telecommunications.
Tthe process by which a right-of-way is returned to a condition
that is equal to or better than the condition that existed before
construction.
Each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for network nodes.
Any service using licensed or unlicensed wireless spectrum,
including the use of wi-fi, whether at a fixed location or mobile,
provided to the public using a network node.
A person that provides wireless services to the public.
(Ordinance 1444-01 adopted 9/18/01; Ordinance 2100-17 adopted 9/5/17)
(a)
Any
person, except a certificated telecommunications provider or network
provider, prior to constructing facilities in, on or over the public
rights-of-way shall first obtain separate municipal authorization.
(b)
This
article does not constitute or create authority to place, reconstruct
or alter facilities in, on or over the rights-of-way nor to engage
in construction, excavation, encroachments or work activity within
or upon any public right-of-way, and said authority shall be obtained
in accordance with the terms of this article.
(c)
Any
person with a current, unexpired franchise, municipal authorization,
license or other authorization from the city (grant) or state to use
the public right-of-way that is in effect at the time this article
takes effect, shall continue to operate under and comply with that
grant, and in the event this article conflicts with existing authorization,
the more restrictive provision shall apply.
(Ordinance 1444-01 adopted 9/18/01; Ordinance 2100-17 adopted 9/5/17)
(a)
In
order to protect the public health, safety and welfare, all owners
of facilities in the right-of-way, except for network providers, shall
register with the city. Registration and permits shall be issued in
the name of the person who owns the facilities. Registration shall
be renewed on or before January 31 of each year. The city shall provide
written notification of this renewal requirement. If a registration
is not renewed, and subject to 60 calendar days notification to the
owner, the facilities of the user will be deemed to have been abandoned.
When any information provided for the registration changes, the owner
will inform the city of the change no more than thirty (30) days after
the date the change is made. Registration shall include:
(1)
The name, address(es) and telephone number(s) of the owner;
(2)
The names, address(es) and telephone number(s) of the contact person(s)
for the owner;
(3)
The name(s), address(es) and telephone number(s) of any contractor(s)
or subcontractor(s) who will be working in the right-of-way on behalf
of the owner. If the names of contractors and subcontractors are not
available at the time of permit application, they must be submitted
to the city prior to permit issuance;
(4)
The name(s) and telephone number(s) of an emergency contact who shall
be available twenty-four (24) hours a day;
(5)
The source of the owner's municipal authorization (e.g., franchise,
state law, etc.). If the owner is a certificated telecommunications
provider, the certificate number issued by the Texas Public Utility
Commission;
(6)
The owner shall submit two year projections of their plans for the
construction of facilities in the city at the time of registration
renewal; and
(7)
Registration shall be a prerequisite to issuance of a construction
permit. Each owner shall update and keep current its registration
with the city at all times.
(Ordinance 1444-01 adopted 9/18/01; Ordinance 2100-17 adopted 9/5/17)
(a)
General.
(1)
No owner shall perform any construction or installation of facilities
in, on, above or under the right-of-way without first obtaining a
construction permit, except as otherwise provided herein. Permit applications
are required for construction of new, replacement or upgrades of the
facilities in the right-of-way whether aerial or underground.
(2)
Emergency responses related to existing facilities may be undertaken
without first obtaining a permit; however, the department shall be
notified in writing within two (2) business days of any construction
related to an emergency response; including a reasonably detailed
description of the work performed in the right-of-way. An updated
map of any facilities that were relocated, if applicable, shall be
provided within 90 days.
(3)
A permit is not required under subsection (1) if the activity in the public right-of-way consists exclusively of:
(4)
Unless approved by the city engineer, the owner or contractor shall
not close any traffic lanes or otherwise impede rush hour traffic
on major thoroughfares during the morning or evening rush hours on
weekdays during the hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to
6:30 p.m. Any closure of a traffic lane for more than four hours during
any non-peak traffic period shall also require a permit, unless waived
by the director.
(5)
All construction and installation in the right-of-way shall be in
accordance with the permit for the facilities. The director 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.
(6)
A copy of the construction permit and approved engineering plans
shall be maintained at the construction site and made available for
inspection by the director at all times when construction work is
occurring.
(7)
All construction work authorized by permit shall be completed in
the time specified in the construction permit. If the work cannot
be completed in the specified time periods, the owner may request
an extension of the time period from the director. The director will
use best efforts to approve or disapprove a request for permit as
soon as possible. If the request for the extension is made prior to
the expiration of the permit, work may continue while the request
is pending.
(8)
Construction, Excavation or Work Area.
No owner or contractor
shall perform construction, excavation or work in an area larger or
at a location different than that specified in the permit or permit
application. If, after construction, excavation or work is commenced
under an approved permit, it becomes necessary to perform construction,
excavation or work in a larger or different area than originally requested
under the application, the owner or contractor shall notify the director
immediately and within 24 hours, shall file a supplementary application
for the additional construction, excavation or work.
(9)
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 shall
be provided, if requested by the department.
(b)
Permit
Application.
(1)
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 set out by the director. Permit shall expire within 90
calendar days after issuance if the owner fails to commence work pursuant
to the permit during that period, and the owner will be required to
obtain another permit. A permit is nontransferable.
(2)
The permit shall be issued in the name of the owner of the facilities
to be constructed. The permit application must be completed and signed
by a representative of the owner of the facilities to be constructed.
(3)
Any person requesting a permit will provide the director with documentation
in the format specified by the department, at the time of permit submittal
describing and containing:
(A)
The proposed location and route of all facilities to be constructed
or installed and the owner's plan for right-of-way construction.
(B)
Three (3) sets of engineering plans, including plan and profile,
which will be on a reasonable scale, acceptable to the department,
unless waived by the director. 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 of Texas.
(C)
The location of all right-of-way and utility easements that owner
plans to use.
(D)
The existing utilities located in the right-of-way, including the
city's utilities, in relationship to owner's proposed route.
(E)
Detail of what owner proposes to construct including size of facilities
and materials used, such as pipe size, number of ducts, valves, etc.
(F)
The plans to remove and replace asphalt or concrete in streets in
accordance with the city's paving design manual and the standard construction
detail sheets.
(G)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc., including depth located in public right-of-way.
(H)
Typical details of manholes and/or handholes owner plans to use or
access.
(I)
Complete legend of drawings submitted by owner, which may be provided
by reference to previously submitted documents acceptable to the city.
(J)
The construction 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 director.
(L)
Traffic control plans.
(4)
A request for a permit must be submitted at least fifteen (15) business
days before the proposed commencement of work identified in the request,
unless waived by the director.
(5)
Requests for permits will be approved or disapproved by the director
within a reasonable time of receiving all the necessary information.
The director will use best efforts to approve or disapprove a request
for permit as soon as possible. The director will consider all information
submitted by the applicant including a review of the availability
of space in the right-of-way based on the applicant's proposed route
and location. The director will provide a written notification of
denial for rejected permits.
(6)
The department or the owner can request a pre-construction meeting
with the construction contractor.
(Ordinance 1444-01 adopted 9/18/01)
(a)
All
construction shall be in conformance with all city codes and applicable
local, state and federal laws.
(b)
The
department must be notified two (2) business days in advance that
construction is ready to proceed by either the owner, its contractor
or representative. At the time of notification, the owner will inform
the department of the number (or other information) assigned from
the appropriate one-call notification center. "Notification center"
means the same as in Texas Civil Statutes, Article 9033, or its successor.
The name, address and phone numbers of the contractor 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.
(c)
Public
Notification of Work to be Performed.
(1)
For any closure of a traffic lane or blocking of a sidewalk or alley
lasting six days or less, the permittee shall conspicuously mark its
vehicles with the permittee's name and telephone number.
(2)
For projects scheduled to last more than seven (7) calendar days,
an informational sign measuring three feet by three feet (3' x 3')
stating the identity of the person doing the work, a local telephone
number and owner's identity 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. The informational
sign shall be posted on public right-of-way one hundred (100) feet
before the construction location commences, unless other posting arrangements
are approved or required by the director.
(3)
When projects last more than seven (7) calendar days, the owner shall
also provide written notification to all adjacent property occupants
forty-eight (48) hours prior to the beginning of construction. Informational
fliers shall include the person doing the work, the permittee's local
telephone number, owner's identity and proposed schedule.
(d)
Erosion
control measures (e.g. silt fence) and advance warning signs, markers,
cones and barricades must be in place before work begins.
(e)
Lane
closures on major thoroughfares will be limited to one lane between
9:00 a.m. and 3:30 p.m. unless the director grants prior approval.
Arrow boards will be required for lane closures on all arterials and
collectors, with all barricades, advanced warning signs and thirty-six
(36) inch reflector cones placed according to the Texas Manual on
Uniform Traffic Control Devices.
(f)
Without
affecting the legal relationship between the owner and their contractor,
owners are responsible for the workmanship of, and any damages by,
their contractors or subcontractors. A responsible representative
of the owner will be available to the department at all times during
construction.
(g)
Owner
shall be responsible for stormwater management, erosion control and
excavation safety measures that comply with city, state and federal
guidelines. Requirements shall include but not be limited to construction
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, owner may be required to furnish
documentation submitted or received from federal or state government.
(h)
Owner
or contractor or subcontractor shall notify the department 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, except
in case of emergency when a street or sidewalk cut is required, prior
approval must be obtained from the department and all requirements
of the department shall be followed in all street and sidewalk cuts.
Repair of all street and sidewalk removals must be made promptly to
avoid safety hazards to vehicle and pedestrian traffic, and shall
be in accordance with city standard specifications and details for
restoration within public rights-of-way.
(j)
Installation
of facilities must not interfere with city utilities, in particular
gravity dependent facilities. Facilities shall not be located over
or within three (3) feet, horizontally or vertically, of any water
or sanitary sewer mains unless approved by the director.
(k)
New
facilities shall be installed to a minimum depth required by state
and federal codes and standards. Underground and buried utilities
shall be installed at a minimum depth of twenty-four (24) inches unless
otherwise approved by the director.
(l)
All
directional boring shall have a locator place bore marks and depths
while the bore is in progress. Locator shall place a mark at each
stem with a paint dot and depth at least every other stem.
(m)
No
Directional Boring Zones.
In the city, the public infrastructure
must be maintained and protected by all owners and contractors. The
public health, safety and welfare is at risk when damages to water
and sewer mains occur. To protect the water and sewer system, no person,
agency or contractor will be allowed to directionally bore longitudinally
with water mains that are larger than 12" and sewer mains that are
12" or larger, unless this requirement is waived in writing by the
director. The installation of facilities in the public rights-of-way
or easements will be installed by open excavation to assure the protection
of the city's water and sewer system. The city has available mapping
that identifies such mains. The owner is responsible for obtaining
and using this information in the design of new facilities
(n)
The
working hours in the rights-of-way are 7:00 a.m. to 8:00 p.m., Monday
through Friday, unless otherwise approved by director. Any work performed
on Saturday must be approved by the utility inspector by 9:00 a.m.
on the Thursday prior to the proposed Saturday. Only emergency work
shall be permitted on Sundays or city holidays.
(o)
Persons
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 a Geographic Information System or
the plans of records does not satisfy this requirement.
(p)
Owner
shall be responsible for verifying the location, both horizontal and
vertical, of all facilities. When required by the department, owner
shall verify locations by pot holing, hand digging or other method
approved by the department prior to any excavation or boring.
(q)
Placement
of all manholes and/or handholes must be approved in advance by the
department. Handholes or manholes shall not be located in sidewalks,
unless approved by the director.
(r)
Locate
flags shall not be removed from a location while facilities are being
constructed.
(s)
When
construction requires pumping of water or mud, the water or mud shall
be contained in accordance with federal and state law and the directives
of the department.
(t)
A person
shall perform operations, excavations and other construction in the
public rights-of-way in accordance with all applicable city requirements,
including the obligation to use trenchless technology whenever commercially
economical and practical and consistent with obligations on other
similar users of the public right-of-way. The city shall waive the
requirements of trenchless technology if it determines that the field
conditions warrant the waiver, based upon information provided to
the city by the person. All excavations and other construction in
the public rights-of-way shall be conducted so as to minimize interference
with the use of public and private property. A person shall follow
all reasonable construction directions given by the city in order
to minimize any such interference.
(u)
A three
foot by three foot information sign 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
twenty-four (24) 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. All vehicles and equipment used at the
location shall also be marked to indicate the identity of the permittee,
contractor or subcontractor using the vehicles and equipment.
(v)
Excavation
Safety.
On construction projects in which excavation
will exceed a depth of five (5) feet, the owner shall have detailed
plans and specifications for excavation safety systems. The term "excavation"
includes trenches, structural or any construction that has earthen
excavation subject to collapse. The excavation safety plan shall be
designed in conformance with state law and Occupational Safety and
Health Administration (OSHA) standards and regulations.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Right-of-way
users will provide the director with "as-built plans" within ninety
(90) days of completion of facilities in the right-of-way. The plans
shall be provided to the city with as much detail and accuracy as
required by the director. All the requirements specified for the plans
submitted for the initial permit, as set forth in Section 13.1114(b)(3)
shall be submitted and updated in the "as-built plans." Users which
have facilities in the right-of-way existing as of the date of this
article who have not provided "as-built plans" shall provide one (1)
quarter of the information concerning facilities in the city right-of-way
within six (6) months after the passage of the ordinance and one (1)
quarter within the next six (6) months, and the remaining portions
within the next six (6) months. The detail and accuracy will concern
issues such as location, size of facilities, materials used and any
other health, safety and welfare concerns. Submittal of "as-built
plans" shall be in digital format compatible with city hardware and
software or shall be subject to a conversion fee. Owner shall include
one set of plans in a paper format.
(b)
If
as-built plans submitted under this section include information expressly
designated by the owner as a trade secret or other confidential information
protected from disclosure by state law, the director may not disclose
that information to the public without the consent of the owner, unless
otherwise compelled by an opinion of the attorney general pursuant
to the Texas Open Records Act as amended, or by a court having jurisdiction
of the matter pursuant to applicable law. This subsection may not
be construed to authorize an owner to designate all matters in its
as-built plans as confidential or as trade secrets.
(c)
This
requirement, or portions of this requirement, may be waived by the
director for good cause.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Whenever
by reasons of widening or straightening of streets, sidewalks, water
or sewer line projects or any other city project, it shall be deemed
necessary by the governing body of the city to remove, alter, change,
adapt or conform an owner's underground or overhead facilities within
the right-of-way to another part of the right-of-way, such alterations
shall be made by the owner of the facilities at the owner's expense
(unless provided otherwise by state law, a franchise, a license or
a municipal authorization until that grant expires or is otherwise
terminated). The owner shall be responsible for conforming its facilities
within mutually agreed upon time limits. If no time limits can be
agreed upon, the time limit shall be ninety (90) days from the day
the city secures any additional right-of-way and transmits final plans
and notice to make the alterations. The owner of facilities shall
be responsible for any direct costs associated with project delays
associated with failure to conform facilities within the mutually
agreed upon time limits. Reimbursement for all costs provided for
by this section shall be made within thirty (30) calendar days.
(b)
An
owner may trim trees in or over the public rights-of-way for the safe
and reliable operation, use and maintenance of its facilities. All
tree trimming shall be performed in accordance with standards promulgated
by the National Arborist Association and the International Society
of Arborculture. Should the owner, its contractor or agent, fail to
remove such trimmings within twenty-four (24) hours, the city may
remove the trimmings or have them removed and upon receipt of a bill
from the city, the owner shall promptly reimburse the city for all
costs incurred within thirty (30) calendar days.
(c)
An
owner shall temporarily remove, raise or lower its aerial facilities
to permit the moving of houses or other bulky structures. The owner
shall temporarily remove, raise or lower its aerial facilities within
fifteen (15) working days of receiving a copy of a permit issued by
the city. The expense of these temporary rearrangements shall be paid
by the party or parties requesting and benefiting from the temporary
rearrangements. The owner may require prepayment or prior posting
of a bond from the party requesting the temporary move.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Any
owner doing work in the city right-of-way shall properly install,
repair, upgrade and maintain facilities.
(b)
Facilities
shall be considered to be improperly installed, repaired, upgraded
or maintained if:
(1)
The installation, repair, upgrade or maintenance endangers people
or property;
(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 department
or the plans approved by the department.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Utility
structures not exceeding 20 cubic feet are allowed in the right-of-way
or utility easements, subject to available room and located as approved
by the director. The placement of utility structures larger than 20
cubic feet, but not exceeding 30 cubic feet, will be reviewed on a
case by case basis by the director. Such structures shall not encroach
within a sidewalk area, including a vertical clearance of 7.5 feet
above the sidewalk or within the sight visibility area.
(b)
Utility
structures larger than 30 cubic feet shall be located as close as
practical to the back of a public or private utility easement and
subject to available room and located as approved by the director.
(c)
Above-ground
facilities such as pedestals, switching boxes and similar facilities
shall be located no less than three (3) feet from the edge of an alley
or the back of street curbs and such that they do not create a physical
or visual barrier to vehicles leaving or entering roads, driveways
or alleys. They shall also not be located in front of residential
lots creating an unreasonable visual or aesthetic impairment for the
property owner.
(d)
The
owner's identity and telephone number shall be placed on all utility
structures placed in the rights-of-way.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Owners
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. Owners shall submit photographs
and/or a video of the construction area at the time of the issuance
of the permit. Restoration must be approved by the department.
(b)
Restoration
must be made within ten (10) working days of completion of trench
backfill. If restoration is not satisfactory and performed in a timely
manner after written notice, then 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 future
permits until all restoration is complete.
(c)
Upon
failure of an owner to perform such restoration, and five (5) days
after written notice has been given to the owner by the city, and
in the event restoration has not been initiated during such five day
period, the city may repair such portion of the public rights-of-way
as may have been disturbed by the owner, its contractors or agents.
Upon receipt of an invoice from the city, the owner will reimburse
the city for the costs so incurred within thirty (30) calendar days
from the date of the city invoice.
(d)
If
the city determines that the failure of an owner to properly repair
or restore the public rights-of-way constitutes a safety hazard to
the public, the city may undertake emergency repairs and restoration
efforts, after emergency notice has been provided, to the extent reasonable
under the circumstances. Upon receipt of an invoice from the city,
the owner shall promptly reimburse the city for the costs incurred
by the city within thirty (30) calendar days from the date of the
city invoice. If payment is not received within the thirty (30) calendar
days, the city shall initiate a claim for compensation with the appropriate
bonding company.
(e)
Should the city reasonably determine, within two (2) years from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet the standards of subsection (a), an owner shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein.
(f)
Restoration
must be to the reasonable satisfaction of the department. The restoration
shall include but not be limited to:
(1)
Replacing all groundcover with the type of groundcover damaged during
work to a condition equal to or better either by sodding or seeding,
or as directed by the department;
(2)
Adjusting of all manholes and handholes, as required;
(3)
Backfilling all bore pits, potholes, trenches or any other holes
shall be completed daily, unless other safety requirements are approved
by the department. Holes with only vertical walls shall be covered
and secured to prevent entry. If bore pits, trenches or other holes
are left open for the continuation of work, they shall be fenced and
barricaded to secure the work site as approved by the department;
(4)
Leveling of all trenches and backhoe lines;
(5)
Restoration of excavation site to city specifications;
(6)
Restoration of all paving, sidewalks, landscaping, groundcover, trees,
shrubs and irrigation systems.
(g)
Removal
of all locate flags and any other trash, garbage or litter during
the clean up process is the responsibility of the owner or his/her
contractor at the completion of the work.
(Ordinance 1444-01 adopted 9/18/01)
If any of the provisions of this article are not followed, a
permit may be revoked by the director. If a person has not followed
the terms and conditions of this article in work done pursuant to
a prior permit, new permits may be denied or additional terms required.
Revocation shall be effective upon the expiration of fifteen days
after written notice of the violation(s), unless cured during that
period, except for violations which pose a threat to public safety
or health, for which the revocation will be immediate upon delivery
of written notice.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Applicability.
Appeals may be filed pursuant to this article for decisions
of the director related to the denial, suspension or revocation of
a permit. However, the appeal process provided by this section shall
not be available for criminal violations of this article.
(b)
Appeal
to City Manager.
A permittee may appeal decisions referred to in subsection (a) above by filing a written appeal with the city manager within seven (7) working days of receipt of denial, suspension or revocation of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party's challenge to the city's authority under this article.
(c)
Issuance
of Decision by City Manager.
Decisions of the city manager
shall be issued within five (5) working days of receipt of the written
appeal. Decisions of the city manager shall be final.
(Ordinance 1444-01 adopted 9/18/01)
Any person, firm or corporation violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.106 of this code for each violation, and each day that such violation shall continue to exist constitutes a separate offense.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Each
owner placing facilities in the public rights-of-way shall promptly
defend, indemnify and hold the city harmless from and against all
damages, costs, losses or expenses:
(1)
for the repair, replacement or restoration of city's property, equipment,
materials, structures and facilities which are damaged, destroyed
or found to be defective as a result of the owner's acts or omissions;
(2)
from and against any and all claims, demands, suits, causes of action
and judgments for:
(A)
damage to or loss of the property of any owner (including but not
limited to the owner, its agents, officers, employees and subcontractors,
city's agents, officers and employees and third parties); and/or
(B)
death, bodily injury, illness, disease, loss of services or loss
of income or wages to any owner (including but not limited to the
agents) arising out of, incident to, concerning or resulting from
the negligent or willful act or omissions of the owner, its agents,
employees and/or subcontractors, in the performance of activities
pursuant to this article.
(b)
This
indemnity provision shall not apply to any liability resulting from
the negligent or willful acts of the city, its officers, employees,
agents, contractors or subcontractors.
(c)
The
provisions of this indemnity are solely for the benefit of the city
and is not intended to create or grant any rights, contractual or
otherwise, to any other owner or entity.
(d)
A person
that is a certificated telecommunications provider as defined in chapter
283 of the Texas Local Government Code, or a network provider as defined
in chapter 284 of the Local Government Code, as amended, shall provide
to the city the indemnity provided in section 283.057, Texas Local
Government Code, as amended.
(Ordinance 1444-01 adopted 9/18/01; Ordinance 2100-17 adopted 9/5/17)
(a)
General.
(1)
An owner must provide acceptable proof of insurance in the total
amount required by this section for permits for construction within
public rights-of-way, or make other provisions acceptable to the director.
(2)
The coverage must be on an "occurrence" basis and must include coverage
for personal injury, contractual liability, premises liability, medical
damages, underground, explosion and collapse hazards.
(3)
Each policy must include a provision in which the insurance company
is required to notify the city in writing not fewer than thirty (30)
days before canceling, failing to renew or reducing policy limits.
(4)
The owner shall file the required original certificate of insurance
prior to the issuance of a permit. The certificate shall state the
policy number; name of the insurance company; name and address of
the agent or authorized representative of the insurance company; name,
address and telephone number of insured; policy expiration date; and
specific coverage amounts.
(5)
Owner shall file an annual surety bond, which will be valid for one
full year, from a surety company authorized to do business in the
State of Texas in the amount equal to the estimated amount of the
cost to restore the right-of-way for the work anticipated to be done
in that year, in the event the owner leaves a job site in the right-of-way
unfinished, incomplete or unsafe. Owner may make other provisions
in lieu of a bond, as acceptable to the director. The director may
waive the requirement if the owner submits documentation, in a form
acceptable to the city attorney, that demonstrates the owner has assets
in excess of 10 million dollars.
(6)
Owner shall file a maintenance bond for twenty-five (25%) percent
of the cost of restoring the right-of-way for the preceding year.
Said bond shall be in force for two (2) years. Owner may make other
provisions in lieu of a bond, as acceptable to the director. The director
may waive the requirement if the owner submits documentation, in a
form acceptable to the city attorney, that demonstrates the owner
has assets in excess of 10 million dollars.
(7)
The above requirements, (1)-(6) may be met by utilities with a current
franchise, license or municipal authorization if their current franchise,
license or municipal authorization adequately provides for insurance
or bonds required herein, or provides an indemnity in favor of the
city.
(8)
The city will accept certificates of self-insurance issued by the
State of Texas or letters written by the agency in those instances
where the state does not issue such letters, which provide the same
coverage as required herein. However, certificates of self insurance
must be approved in advance by the city.
(9)
An insurer has no right of recovery against the city. The required
insurance policies shall protect the agency or public infrastructure
contractor and include the city as an additional insured (except workers
compensation). The insurance shall be primary coverage for losses
covered by the policies.
(b)
Insurance
Requirements.
(1)
Owners.
Each owner applying for a permit shall obtain,
maintain and provide proof of the each of the following types of insurance
and coverage limits:
(A)
Commercial general liability on an occurrence form with minimum limits
of $5,000,000 per occurrence and $10,000,000 aggregate. This coverage
shall include the following:
(B)
Automobile liability coverage with a minimum policy limits of $1,000,000
combined single limit. This coverage shall include all owned, hired
and non-owned automobiles.
(C)
Workers Compensation and Employers Liability Coverage.
Statutory coverage limits for Coverage A and $500,000 Coverage B
Employers Liability.
(2)
Contractors and Sub-Contractors.
Each contractor and sub-contractor applying for a permit shall obtain, maintain and provide proof of insurance for the same types of insurance coverage outlined in subsection (1) above; however, the policy limits under the general liability insurance shall be $1,000,000 per occurrence and $2,000,000 aggregate. All other coverage provisions outlined in subsection (1) above shall apply.
(Ordinance 1444-01 adopted 9/18/01)
