In this article:
An alternate route used when the direct or regular route
is closed to traffic, and which is clearly marked by signs directing
traffic around the obstruction.
The director of public works of the city or the director’s
designated representative.
A situation that could not be reasonably anticipated, and
(1) where customer service has been interrupted, or (2) imminent harm
to property or persons exists if repair is not immediately commenced.
The document giving consent to construct, install, repair,
relocate or remove particular facilities within the right-of-way.
The plant, equipment, and property, including but not limited
to lines, poles, mains, pipes, conduits, ducts, cables, and wires
located under, on, or above the surface of the ground within the right-of-way
of the city and valves, and related facilities and equipment used
or useful for the providing of utility services.
That work which can be completed, consistent with applicable
federal or state laws or regulations, without:
A natural person, corporation, company, association, partnership,
firm, limited liability company, joint venture, joint stock company
or association, or other such entity.
The document giving consent to own and operate facilities
within the right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
municipality has an interest. The term does not include the airwaves
above a right-of-way with regard to wireless telecommunications.
A business that offers a public utility service, including
but not limited to gas, electricity, cable, or telecommunications
services.
(Ordinance 566 adopted 11/14/00)
(a)
This article governs the location, placement, installation, repair,
maintenance and removal of all utility facilities within the right-of-way
of the city.
(b)
Any utility provider with a current, unexpired franchise, agreement
or other authorization from the city to use the right-of-way that
is in effect at the time this article takes effect (November 14, 2000)
shall continue to operate under and comply with that grant until:
(Ordinance 566 adopted 11/14/00)
The purpose of this article is to:
(1)
Assist in the management of facilities placed in, on or over the
public rights-of-way in order to minimize the congestion, inconvenience,
visual impact and other adverse effects, and the costs to the citizens
resulting from the placement of facilities within the public right-of-way;
(2)
Govern the use and occupancy of the public right-of-way;
(3)
Assist the city in its efforts to protect the public health, safety
and welfare;
(4)
Conserve the limited physical capacity of the public right-of-way
held in public trust by the city;
(5)
Preserve the physical integrity of the streets and highways;
(6)
Control the orderly flow of vehicles and pedestrians;
(7)
Keep track of the different entities using the right-of-way to prevent
interference between them; and
(8)
Protect the safety, security, appearance, and condition of the right-of-way.
(Ordinance 566 adopted 11/14/00)
(a)
A person commits an offense if the person owns or operates facilities
within the right-of-way within the city without first having obtained
a registration from the city or having a contract or franchise with
the city to operate facilities within the right-of-way.
(b)
If a person has a contract or franchise with the city to operate facilities within the right-of-way, the person shall be required to comply with the requirements of section 13.06.005(b)(6).
(Ordinance 566 adopted 11/14/00)
(a)
To obtain registration, a person must submit an application on a
form provided by the director of public works. The applicant must
be the person who will own the facilities.
(b)
The applicant for a registration shall furnish the city the following
information which shall be subscribed and sworn to before a notary
public:
(1)
Name and address of the applicant;
(2)
Trade name under which the applicant does or proposes to do business;
(3)
The name, address and telephone number of the person who will be
the contact person for the user;
(4)
The name, address and telephone number of any contractor or subcontractor,
if known, who will be working in the right-of-way on behalf of the
applicant;
(5)
The name(s) and telephone number of an emergency contact who shall
be available 24 hours a day;
(6)
Proof of insurance and bonds, as follows:
(A)
Worker’s compensation insurance meeting applicable statutory
requirements and employer’s liability insurance with minimum
limits of one hundred thousand dollars ($100,000) for each accident.
(B)
Commercial general liability insurance with minimum limits of five
million dollars ($5,000,000) as the combined single limit for each
occurrence of bodily injury, personal injury and property damage.
The policy shall provide blanket contractual liability insurance for
all written contracts and shall include coverage for products and
completed operations liability, independent contractor’s liability;
coverage for property damage from perils of explosion, collapse or
damage to underground utilities, commonly known as XCU coverage.
(C)
Automobile liability insurance covering all owned, hired, and nonowned
vehicles in use by applicant, its employees and agents, with personal
protection insurance and property protection insurance to comply with
the provisions of state law with minimum limits of two million dollars
($2,000,000) as the combined single limit for each occurrence for
bodily injury and property damage.
(D)
The coverage amounts set forth above may be met by a combination
of underlying and umbrella policies so long as in combination the
limits equal or exceed those stated, so long as the policy coverages
provide for a minimum of two million dollars ($2,000,000) as primary
coverage for each occurrence of bodily injury and property damage.
(E)
The city may accept certificates of self-insurance issued by the
state or letters written by the applicant in those instances where
the state does not issue such letters, which provide the same coverage
as required herein, so long as the applicant demonstrates by written
information to the director of finance that it has adequate financial
resources to be a self-insured entity.
(F)
All policies other than those for worker’s compensation shall
be written on an occurrence and not on a claims-made basis and shall
name the city, its officers and employees as additional insureds.
(G)
The applicant shall submit certificates of insurance for each insurance
policy applicant is required to obtain to comply with this subsection
to the director of public works each year during the term of the registration.
(H)
All insurance policies shall contain the following endorsement: “At
least 30 days prior written notice shall be given to the City of River
Oaks by the insurer of any intention not to renew such policy or to
cancel, replace or materially alter same, such notice to be given
by registered mail.”
(I)
All insurance shall be effected under valid and enforceable policies,
insured by insurers licensed to do business by the state. All insurance
carriers and surplus line carriers shall be rated A+ or better by
A.M. Best Company.
(J)
The applicant, and thereafter, for renewal purposes, the registration
holder, without cost to the city, shall pay insurance premiums and
assessments. A company which issues an insurance policy has no recourse
against the city for payment of a premium or assessment. Insurance
policies must provide that the issuing company waives all right to
recovery by way of subrogation against the city in connection with
damage covered by the policy.
(K)
The applicant, and thereafter, the registration holder, shall file
an annual surety bond which will be valid each year construction will
occur through two full years after the completion of the construction.
The surety bond shall be issued by a surety company authorized to
do business in the state in the amount of 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 registration holder leaves a job
site in the right-of-way unfinished, incomplete or unsafe.
(L)
A utility provider with a franchise in effect on the date of this
article satisfies the requirements of this subsection if the provider’s
franchise adequately provides insurance and bonds; and
(7)
Such other information as the director of public works may determine
is reasonably necessary.
(Ordinance 566 adopted 11/14/00)
The director of public works shall issue a registration to the
applicant if the director, after review of the application, determines
that the applicant:
(1)
Has complied with all requirements for issuance of the registration;
and
(2)
Has not made a false or inaccurate statement as to a material matter
on the application for registration; or
(3)
Has in effect an existing franchise or agreement with the city.
(Ordinance 566 adopted 11/14/00)
A registration shall be valid for a period of five years. A person may renew a registration by making application as provided in section 13.06.005 hereof. A registration is not transferable.
(Ordinance 566 adopted 11/14/00)
Each registration holder shall pay to the city a fee for the
use of the right-of-way in an amount as established by the city council
in accordance with applicable city charter provisions, franchise provisions,
or the provisions of Texas Local Government Code, chapter 283.
(Ordinance 566 adopted 11/14/00)
The director of public works shall revoke a registration if
the director determines that the registration holder has:
(1)
Given false or inaccurate information on the application for registration
or in a hearing concerning the registration.
(2)
Violated the provisions of this article, or if the registration holder
has a franchise with the city, violated the terms of the franchise.
(Ordinance 566 adopted 11/14/00)
If the director of public works denies or revokes a right-of-way
registration, the city shall give notice by personal service or by
certified mail, return receipt requested, to the applicant or registration
holder. The applicant or registration holder may appeal the decision
to deny or revoke by filing written notice with the city manager,
within five days after receipt of notice. The city secretary shall
mail or cause to be personally delivered written notice of the time
and place of the hearing to the person appealing. The notice shall
be mailed to the address specified in the notice of appeal form. The
city manager shall conduct a hearing and shall make a decision on
the basis of a preponderance of the evidence presented at the hearing.
The decision of the mayor [city manager] shall be final.
(Ordinance 1239-2019, sec. 78, adopted 8/13/19)
(a)
A utility provider which has facilities in the right-of-way shall
provide such information to the director of public works in the format
specified by the director and with as much detail and accuracy as
required by the director. The registration holder shall submit “plans
of record” in digital format (AutoCAD) as well as written or
in any other format requested by the director. The registration holder
is not required to include in the submission matters such as capacity
of lines, customers, or details which it demonstrates, to the reasonable
satisfaction of the director of public works, to be confidential information
or a breach of security, so long as the plans show the location and
physical dimensions of the facilities.
(b)
For facilities constructed after the effective date of this article (November 14, 2000), a registration holder shall provide the director of public works with “plans of record” within 90 days of completion of facilities in the right-of-way. The plans shall be provided to the city in a format prescribed by the city, and in accordance with the provisions of subsection (a).
(c)
The director of public works, for good cause, may waive all, or portions of the requirements of subsections (a) and (b). Determination of good cause shall include an assessment of 1) the utility provider’s ability to feasibly and economically remove customer specific, proprietary or confidential information from its plans and 2) the utility provider’s standard business practice relative to the preparation of construction and plans of record. The director may impose conditions on the waiver. The director may reassess waivers from time to time to determine whether the utility provider’s ability to provide plans of record has changed.
(Ordinance 566 adopted 11/14/00; Ordinance adopting Code)
(a)
A registration holder or its contractor may trim trees in or over
the rights-of-way for the safe and reliable operation, use and maintenance
of its facilities. All tree trimming in rights-of-way and easements
shall be performed in accordance with guidelines established by the
National Arborist Association and International Society of Arboriculture.
The registration holder shall trim the trees in such a manner to preserve
as much vegetation and natural shape of trees as reasonably possible,
and still accomplish a safe and effective tree trimming program. The
registration holder shall make reasonable efforts to contact affected
property owners prior to necessary tree trimming operations with standards
promulgated by the city. Should the registration holder or its contractor
fail to remove the trimmings within 24 hours of trimming, unless a
longer period is required for extraordinary conditions and conditions
beyond the control of the registration holder, the city may remove
the trimmings. Should the city remove the trimmings, the registration
holder shall reimburse the city for all costs incurred within 30 days
of receipt of an invoice from the city.
(b)
A registration holder shall temporarily remove, raise or lower its
aerial facilities to permit the moving of houses or other bulky structures,
if the city first gives written notice of not less than five days.
If a registration holder contacts the city prior to the expiration
of the five-day period and provides information indicating that the
movement of the aerial facilities will require additional time, the
city may authorize an alternate schedule. The expense of the temporary
rearrangements shall be paid by the party requesting and benefiting
from the temporary rearrangement. The registration holder may require
prepayment or the posting of a bond from the party requesting the
temporary rearrangement.
(Ordinance 1165-2017 adopted 10/10/17)
(a)
The purpose of this section is to:
(1)
Assist the city in the competitively neutral and nondiscriminatory
management of the physical use, occupancy and maintenance of its public
rights-of-way by network providers;
(2)
Secure fair and reasonable compensation for the physical use and
occupancy of the public rights-of-way by network providers in a nondiscriminatory
and competitively neutral manner; and
(3)
Assist the city in protecting the public health, safety, and welfare.
(b)
This section shall be construed in accordance with chapter 284 of
the Texas Local Government Code to the extent not in conflict with
the Texas Constitution and laws of the United States or of the state.
(c)
Applicable codes.
City.
City council.
Chapter 284.
Code.
Collocate and collocation.
Decorative pole.
Design district.
Easement.
Federal Communications Commission or FCC.
Highway right-of-way.
Law.
Local.
Location.
Micro network node.
Municipal park.
Network node.
(1)
(A)
(B)
(C)
(2)
Network provider.
Node support pole.
Permit.
Pole.
Private easement.
Provider.
Public right-of-way.
Public works director.
Service pole.
Street.
Traffic signal.
Transport facility.
User.
Utility pole.
Wireless service.
Wireless service provider.
Wireless facilities.
Definitions.
For the purpose of this section, the definitions
found in the city design manual for the installation of network nodes
and node support poles (the “design manual”) are hereby
incorporated into this section and shall apply unless the context
clearly indicates or requires a different meaning. The following definitions
as found in the design manual are specifically applicable to this
section:
The City of River Oaks, Texas or its lawful successor.
The municipal governing body of the City of River Oaks, Texas.
Texas Local Government Code, chapter 284.
The Texas Local Government Code.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
A streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than
specially designed informational or directional signage or temporary
holiday or special event attachments, have been placed or are permitted
to be placed according to nondiscriminatory city codes and ordinances.
An area that is zoned, or otherwise designated by municipal
code, and for which the city maintains and enforces unique design
and aesthetic standards on a uniform and nondiscriminatory basis.
Includes any public easement or other compatible use created
by dedication, or by other means, to the city for public utility purposes
or any other purpose whatsoever.
The federal administrative agency, or lawful successor, authorized
to oversee cable television and other multi-channel regulation on
a national level.
Right-of-way adjacent to a state or federal highway.
Common law or a federal, state, or local law, statute, code,
rule, regulation, order, or ordinance.
Within the geographical boundaries of the city.
The city-approved and lawfully permitted location for the
network node.
A network node that is not larger in dimension than 24 inches
in length, 15 inches in width, and 12 inches in height, and that has
an exterior antenna, if any, not longer than 11 inches.
An area that is zoned or otherwise designated by the city
as a public park for the purpose of recreational activity.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
Includes:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
and
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation; and
A pole installed by a network provider for the primary purpose
of supporting a network node.
A written authorization for the use of the public right-of-way
or collocation on a service pole required from the city before a network
provider may perform an action or initiate, continue, or complete
a project over which the municipality has police power authority.
A service pole, city-owned utility pole, node support pole,
or utility pole.
An easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
Has the same meaning as “network provider.”
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
city has an interest. The term does not include:
The public works director of the City of River Oaks, or designated
representative.
A pole, other than a city-owned utility pole, owned or operated
by the city and located in a public right-of-way, including:
Only the paved portion of the right-of-way used for vehicular
travel, being the area between the inside of the curb to the inside
of the opposite curb, or the area between the two parallel edges of
the paved roadway for vehicular travel where there is no curb. A “street”
is generally part of, but smaller in width than the width of the entire
right-of-way, while a right-of-way may include sidewalks and utility
easements. A “street” does not include the curb or the
sidewalk, if either are present at the time of a permit application
or if added later.
Any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
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.
A person or organization which conducts a business over facilities
occupying the whole or a part of a public street or right-of-way,
depending on the context.
A pole that provides:
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 service to the public.
“Micro network nodes,” “network nodes,”
and “node support poles” as defined in Texas Local Government
Code, chapter 284.
(d)
Use and occupancy of public rights-of-way.
(1)
Pursuant to this section and subject to the design manual and the
code, a network provider has the nonexclusive right to use and occupy
the public right-of-way in the city for the purpose of constructing,
maintaining, and operating its facilities used in the provision of
wireless facilities.
(2)
The terms of this section shall apply to all network providers’
facilities used, in whole or part, in the provision of wireless services
throughout the city.
(e)
Approving design manual.
The city council hereby approves,
by reference herein, the design manual by the city for the installation
of network nodes and node support poles.
(f)
Approving pole attachment agreement.
The city council
hereby approves, by reference herein, the pole attachment agreement.
The pole attachment agreement may be executed by the public works
director, governing the collocation of network nodes on service poles.
(g)
General construction and maintenance requirements.
A
network provider shall construct and maintain network nodes and network
support poles described in the code in a manner that does not:
(1)
Obstruct, impede, or hinder the usual travel or public safety on
a public right-of-way;
(2)
Obstruct the legal use of a public right-of-way by other utility
providers;
(3)
Violate nondiscriminatory applicable codes;
(4)
Violate or conflict with the city’s publicly disclosed public
right-of-way design specifications; or
(5)
Violate the federal Americans with Disabilities Act of 1990 (ADA).
(h)
Permit applications.
(1)
Except as otherwise provided in chapter 284 of the code, a network
provider shall obtain a permit or permits from the city to install
a network node, node support pole, or transport facility in the public
right-of-way.
(2)
A network provider that wants to install or collocate multiple network
nodes inside the municipal limits of the city is entitled to file
a consolidated permit application with the city for not more than
30 network nodes and upon payment of the applicable fee(s), receive
a permit or permits for the installation or collocation of those network
nodes.
(3)
The network provider shall provide the following information in its
permit applications:
(A)
Applicable construction and engineering drawings and information
to confirm that the applicant will comply with the city’s design
manual and applicable codes;
(B)
Any additional information reasonably related to the network provider’s
use of the public rights-of-way to ensure compliance with the design
manual and this section;
(C)
A certificate that the network node(s) complies with applicable regulations
of the Federal Communications Commission; and certification that the
proposed network node(s) will be placed into active commercial service
by or for the network provider not later than the 60th day after the
date of construction and final testing of each network node is completed;
(D)
A certificate of insurance that provides that the network provider
and its contractor has at least $1,000,000.00 in general liability
coverage.
(4)
Exception: As provided in section 284.157 of the code, a network
provider is not required to apply, obtain a permit, or pay a rate
to the city for:
(A)
Routine maintenance that does not require excavation or closing of
sidewalks or vehicular lanes in a public right-of-way;
(B)
Replacing or upgrading a network node or network pole with a node
or pole that is substantially similar in size or smaller and that
does not require excavation or closing of sidewalks or vehicular lanes
in a public right-of-way;
(C)
The installation, placement, maintenance, operation, or replacement
of micro network nodes that are strung on cables between existing
poles or node support poles in compliance with the National Electrical
Safety Code; or
(i)
Installation in design districts.
A network provider
must obtain advance written consent from the city council before collocating
new network nodes or installing new node support poles in an area
of the city that has been zoned or otherwise designated as a design
district if the district has decorative poles. The network provider
shall be required to comply with the general aesthetic requirements
described in the city’s design manual.
(j)
Installation in municipal parks and residential areas.
(1)
A network provider may not install a new node support pole in a public
right-of-way without the city council’s discretionary, nondiscriminatory
and written consent if the public right-of-way:
(2)
In addition to the above, a network provider installing a network
node or node support pole in a residential area described by this
subdivision shall comply with private deed restrictions and other
private restrictions in the area that apply to those facilities.
(3)
The network provider shall be further required to comply with guidelines
set out in the city’s design manual.
(k)
Municipal review process by the city.
(1)
Determination of application completeness.
The city
shall determine whether the permit application is complete and notify
the applicant of that determination:
(2)
Approval or denial of application.
The city shall approve
or deny a completed application after the date it is submitted to
the city:
(A)
For network nodes.
No later than 60 days after
the date the city receives the complete application.
(B)
For network support poles.
No later than 150 days
after the date the city receives the complete application.
(C)
For transport facilities.
No later than 21 days
after the city receives the complete application.
(3)
Basis for denial of application.
If an application is
denied by the city, it shall document the basis for the denial, including
the specific applicable city code provisions or other city rules,
regulations, or other law on which the denial is based. The documentation
for the denial must be sent by electronic mail to the applicant on
or before the date that the city denies the application.
(4)
Resubmission of denied application.
The applicant may
cure the deficiencies identified in the denial application.
(A)
The applicant has 30 days from the date the city denies the completed
application to cure the deficiencies identified in the denial documentation
without paying an additional application fee, other than any fee for
actual costs incurred by the city.
(B)
The city shall approve or deny the revised completed application
after a denial not later than the 90th day after the city receives
the revised completed application. The city’s review shall be
limited to the deficiencies cited in the denial documentation.
(5)
Nondiscriminatory review.
Each completed application
shall be processed by the city on a nondiscriminatory basis.
(l)
Time of installation.
A network provider shall begin
installation for which a permit is granted not later than 6 months
after final approval of the application and shall diligently pursue
installation to completion. The public works director may in his/her
sole discretion grant reasonable extensions of time as requested by
the network provider.
(m)
Applicable fees and rental rates to the city.
(1)
As compensation for the network provider’s use and occupancy
of the public rights-of-way, the network provider shall pay application
fees and annual public right-of-way rental rates as set forth below,
which shall be in lieu of any lawful tax, license, charge, right-of-way
permit, use, construction, street cut or inspection fee; or other
right-of-way related charge or fee, whether charged to the network
provider or its contractor(s) within the city, except the usual general
ad valorem taxes, special assessments and sales tax levied in accordance
with state law and equally applicable to all general businesses in
the city.
(2)
Network nodes.
(A)
Application fee.
The application fee shall be
$500.00 per application covering up to 5 network nodes, $250.00 for
each additional network node per application. Each application may
not include more than 30 network nodes.
(B)
Annual public right-of-way rate fee.
The annual
public right-of-way rate fee shall be $250.00 per network node installed
in the city public right-of-way.
(C)
Public right-of-way rate adjustment.
As provided
in section 284.054 of the code, the city may adjust the amount of
the annual public right-of-way rate fee not more annually than by
an amount equal to one-half the annual change, if any, in the consumer
price index (CPI). The city shall provide written notice to each network
provider of the new rate; and the rate shall apply to the first payment
due to the city on or after the 60th day following the written notice.
(3)
Node support poles.
The application fee for each node
support pole shall be $1,000.00.
(4)
Transfer facilities.
(A)
The application fee for each transport facility shall be $100.00.
(B)
The annual transport facility rental rate shall be $28.00 monthly
for each network node site located in a public right-of-way. However,
no rate is required if the network provider is already paying the
city an amount equal to or greater than the amount of other city right-of-way
fees for access lines under chapter 283 of the code or cable franchise
fees under chapter 66 of the Texas Utility Code.
(5)
Micro network nodes.
No application fee is required
for a micro network node if the installation is attached on lines
between poles or node support poles.
(6)
Collocation of network nodes on service poles.
Subject
to the city’s pole service agreement, the collocation of network
nodes on city service poles shall be at a rate of $20.00 per year
per service pole.
(7)
City-owned municipal utility poles.
A network provider
shall pay an annual pole attachment rate for the collocation of a
network node supported by or installed on a city-owned utility pole
based upon the pole attachment rate consistent with section 54.024
[54.204] of the Texas Utilities Code, applied on a per-foot basis.
(8)
The city shall not seek or accept in-kind services in lieu of or
as additional payment or consideration from any user of the public
right-of-way for use of the public right-of-way.
(n)
Indemnity.
As provided in section 284.302 of the code,
a wireless network provider shall indemnify, defend, and hold the
city harmless from and against all liability, damages, cost, and expense,
including reasonable attorney’s fees, arising from injury to
person or property proximately caused by the negligent act or omission
of the network provider. The city shall promptly notify the network
provider of any claims, demands, or actions (“claims”)
covered by this indemnity after which the network provider shall defend
the claims. The network provider shall have the right to defend and
compromise the claims. The city shall cooperate in the defense of
the claims. The foregoing indemnity obligations shall not apply to
claims arising solely from the negligence of city; however, they shall
apply in the case of all claims which arise from the joint negligence
of the network provider and the city; provided that in such cases,
the amount of the claims for which the city shall be entitled to indemnification
shall be limited to that portion attributable to the network provider.
Nothing in this section shall be construed as waiving any governmental
immunity available to the city under state law or waiving any defenses
of the parties under state law.
(Ordinance 1165-2017 adopted 10/10/17)
(a)
A person shall obtain an excavation permit prior to performing any
excavation, construction, relocation, removal, installation, repair,
or maintenance of facilities within the right-of-way. An excavation
permit is required for construction on new, replacement or upgrading
of a utility provider’s network in the right-of-way, either
aerial or underground.
(b)
The following work undertaken by a person does not require an excavation
permit:
(1)
Work that is incidental in nature;
(2)
Work required by emergency conditions, if the registration holder complies with subsection (c) hereof;
(3)
Work that obstructs the flow of vehicular traffic on a street, alley,
or sidewalk for less than two hours, if the person has complied with
the following requirements:
(A)
The registration holder has submitted a traffic control plan to the
director of public works in a form approved by the director;
(B)
The director has approved the traffic control plan;
(C)
The work is performed in compliance with the traffic control plan;
and
(D)
Unless the work is performed under emergency conditions, the person
has given the director of public works two hours’ written notice
of the proposed work; or
(c)
When performing work required by emergency conditions, the registration
holder shall notify the director of public works as promptly as possible,
or, if after normal business hours, the police dispatcher. The director
shall determine if any city employee shall be required to be present
for on-site inspection during emergency repairs. A registration holder
who performs the emergency work shall submit to the city, as soon
as practicable, a reasonably detailed description of the work performed
in the right-of-way and an updated map of the facilities that were
relocated, if any.
(Ordinance 566 adopted 11/14/00)
(a)
The person requesting an excavation permit will provide the director
of public works with the following documentation in the format specified
by the director:
(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.
(2)
Two sets of engineering plans, on a scale of one inch (1") equals
fifty feet (50') unless otherwise approved by the public works department.
(3)
Description of the location of all right-of-way and utility easements
which applicant plans to use.
(4)
Detail of the facilities applicant proposes to install, such as pipe
size, number of interducts, valves, etc.
(5)
Detail of all existing city utilities in relationship to the applicant’s
proposed route.
(6)
Detail of plans to remove and replace asphalt or concrete in the
street, using city standards and specifications.
(7)
Drawings of any bores, trenches, handholes, manholes, switchgear,
transformers, pedestals, etc., including depth.
(8)
Handhole and/or manhole typical of type of manholes and/or handholes
applicant plans to use or access.
(9)
Complete legend of drawings, which may be provided by reference documents
previously submitted to the city.
(10)
The name, address and telephone numbers of the contractor or subcontractor
who will perform the actual construction, including the name and telephone
number of a representative of the contractor who will be available
at all times during construction.
(11)
A statement that proof of insurance, bond or other required financial information as required by section 13.06.005 of this article is current and on file with the city.
(12)
The 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 estimated dates and times
work will occur, all of which are subject to the reasonable approval
of the director of public works.
(13)
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.
(14)
Verification that the applicant has a valid right-of-way registration
from the city.
(15)
Evidence that all other utility providers in the area have been given
notice of the excavation. Notice to utilities subject to chapter 251
of the Texas Utilities Code may be accomplished by providing the city
with the reference number assigned by the notification center established
pursuant to chapter 251.
(16)
A copy of the applicant’s traffic control plan and policy for
work performed within the right-of-way.
(b)
An applicant shall submit an application for an excavation permit
at least 10 working days before the commencement of work proposed
in the application, unless waived by the director of public works.
(c)
The director may require a preconstruction meeting with the permit
holder and its construction contractor.
(Ordinance 566 adopted 11/14/00)
(a)
The director of public works shall promptly process each valid and
administratively complete application and shall issue or deny an excavation
permit, provided that the applicant is otherwise in compliance with
the provisions of this article.
(b)
The excavation 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 condition set out by the director of public works.
(c)
The excavation permit shall be completed and signed by an authorized
representative of the owner of the facilities to be constructed.
(d)
The permit holder shall:
(1)
Maintain a copy of the excavation permit and approved engineering
plans at the construction site available for inspection by the director
of public works at all times when construction or installation work
is occurring;
(2)
Complete all construction work authorized by the excavation permit
in the time specified in the excavation permit, unless the permit
holder has obtain an extension from the director of public works;
and
(3)
Provide the director of public works access to the work and to such
further information he or she may reasonably require to ensure compliance
with the excavation permit.
(e)
The permit shall expire if the work authorized by the permit does
not commence within 90 days from the date of issuance of the permit.
(Ordinance 566 adopted 11/14/00)
The director of public works shall revoke an excavation permit
if the director determines that the permit holder has:
(1)
Given false or inaccurate information on the application for an excavation
permit or in a hearing concerning the excavation permit; or
(2)
Violated the provisions of this article.
(Ordinance 566 adopted 11/14/00)
If the director denies or revokes an excavation permit, the
city shall give notice by personal service or by certified mail, return
receipt requested, to the applicant or permit holder. The applicant
or registration holder may appeal the decision to deny or revoke by
filing written notice with the city manager, within five days after
receipt of notice. The city manager shall mail or cause to be personally
delivered written notice of the time and place of the hearing to the
person appealing. The notice shall be mailed to the address specified
in the notice of appeal form. The city manager shall conduct a hearing
and shall make a decision on the basis of a preponderance of the evidence
presented at the hearing. The decision of the city manager shall be
final.
(Ordinance 1239-2019, sec. 79, adopted 8/13/19)
(a)
An applicant for an excavation permit or its contractor shall notify
a notification center established pursuant to Texas Utility Code,
chapter 251, prior to conducting any work in the right-of-way such
as excavating, drilling, underground boring, jacking, or open cutting.
(b)
A permit holder shall provide the director of public works with the
following information not less than 48 hours before beginning work
under the excavation permit:
(1)
The reference number received from the notification center;
(2)
The exact dates and time work will be performed under the excavation
permit; and
(3)
The name, address and telephone number of the person who will perform
the work, including a representative who will be available at all
times during construction.
(c)
The notice of work must be in writing and may be sent by facsimile
transmission.
(Ordinance 566 adopted 11/14/00; Ordinance 1239-2019, sec. 80, adopted 8/13/19)
(a)
All facilities constructed within the right-of-way after the effective
date of this article (November 14, 2000) shall:
(1)
Conform to the city’s design standards (standard details of
construction), which provide a guideline for right-of-way use and
all codes and ordinances in effect at the time of submittal of the
application;
(2)
Be installed in accordance with plans and at locations within the
right-of-way approved by the city;
(3)
Be installed or constructed so as not to unreasonably interfere with:
(4)
Be situated so as to minimize the space used.
(b)
To the extent permitted by law, the director of public works may
require the location of facilities underground.
(Ordinance 566 adopted 11/14/00; Ordinance 1239-2019, sec. 80, adopted 8/13/19)
(a)
In performing the work covered by the excavation permit, the permit
holder shall:
(1)
Comply with trench safety requirements adopted by federal, state,
and local law;
(2)
Follow the appropriate national safety code, as applicable, regarding
design and construction procedures;
(3)
Compact the backfilling to a density of 95% standard proctor density,
as determined by a testing laboratory so as to prevent settling when
a trench lies under any city street, or within 18 inches of a city
street, and otherwise, to a density which meets the North Central
Texas Council of Governments specifications, as adopted by the city;
(4)
Use trenchless technology whenever commercially economical and practical
and consistent with obligation on other similar users of the right-of-way.
The director of public works may waive the requirement of trenchless
technology if the director determines that the field conditions warrant
the waiver, based upon information provided to the city by the permit
holder;
(5)
Install new facilities at 42 inches, or at a minimum depth approved
by the director of public works, with the following minimum clearances:
(A)
All conduit that crosses an existing sanitary sewer, or water main
shall be buried under the existing pipes and shall have a two-foot
minimum vertical clearance at the underside of the existing pipes;
(B)
All conduit that crosses an existing storm sewer shall have a two-foot
minimum vertical clearance from the exterior face of the existing
storm sewer;
(C)
All conduit that runs parallel to an existing storm sewer, sanitary
sewer or water main shall have a three-foot minimum horizontal clearance
from the exterior face of the pipes or manholes;
(6)
Ensure that the portion of the right-of-way in which repair work
is conducted is, at all times and to the extent practicable, kept
free of accumulating water;
(7)
Promptly remove from the right-of-way all earth, gravel, stone or
other material excavated from the area of such repair work, which
is not needed for fill material at that location;
(8)
Erect and maintain information signs of a size of three feet by three
feet which state the identity of the person doing the work and telephone
number and the permit holder’s identity and telephone number
at the location where construction is to occur 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;
(9)
Notify the director of public works immediately of any damage to
other facilities, either city or privately owned;
(10)
Ensure that newly installed facilities will not interfere with other
facilities, in particular gravity dependent facilities;
(11)
Comply with city, state and federal guidelines for stormwater management
erosion control; and
(12)
Submit to the director of public works a stormwater pollution prevention
plan (SWPPP) has been submitted to the Environmental Protection Agency
or state commission on environmental quality or submit a copy of a
letter to the EPA stating that the permit holder is not required to
obtain such approval.
(b)
In performing work on facilities within the right-of-way, a permit
holder shall not:
(1)
Unreasonably interfere with the operation of other facilities or
equipment situated within the right-of-way, whether owned or maintained
by the city or other utility providers;
(2)
Use dynamite or other explosives during the excavation without the
prior written approval of the director of public works; or
(3)
Remove locate flags from a location while facilities are being constructed.
(c)
A permit holder is responsible for the workmanship and any damages
by a contractor or subcontractor. This provision is not intended to
affect the relationship or allocation of responsibilities between
a permit holder and its contractors. A responsible representative
of the permit holder will be available to the public works department
at all times during construction.
(d)
Except in an emergency, 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 outside these times must be approved
24 hours in advance by the director of public works. Directional boring
is permitted only Monday through Friday 8:00 a.m. to 6:00 p.m., unless
approved in advance. No work will be done, except for emergencies,
on city holidays.
(e)
A permit holder is responsible for:
(1)
Physically verifying the location both horizontal and vertical of
all affected facilities, or, if required by the director of public
works, hand digging or potholing, prior to any excavation or boring,
with the exception of work involving only lane closures; and
(2)
Obtaining line locaters from all affected utilities prior to any
excavation. Use of the geographic information system or the plans
of record does not satisfy this requirement.
(f)
The director of public works must approve in advance the placement
of all manholes and/or handholes. Handholes or manholes shall not
be located in sidewalks, unless approved by the director.
(g)
The director of public works may stop work under the permit at any
time upon finding that conditions at the worksite exist that pose
an immediate risk of harm to persons and/or property.
(Ordinance 566 adopted 11/14/00; Ordinance 1239-2019, sec. 80, adopted 8/13/19)
(a)
Except in emergency conditions, a person shall obtain prior approval
of the director of public works when a street or sidewalk cut is required,
and comply with all requirements of the public works department for
street cuts.
(b)
A permit holder or person shall not cut or open more than one-half
of the roadway at any time in order to maintain the flow of traffic
at all times. However, in an emergency or with the permission of the
director of public works, the total width of the roadway may be cut
or opened provided barricades are placed at the first intersection
each way from the cut, and detour signs are erected.
(c)
Except in an emergency, all street closures or detours that will
exceed 24 hours in duration shall be posted by a sign at least two
days prior to the closure or detour. If a cut or opening in a street
is left open after 6:00 p.m., a barricade or temporary fencing must
be placed on both sides of the cut and flares or red or amber lights
shall be placed in front of each barricade. In the alternative, the
permit holder may cover the cut with steel plates.
(d)
In performing the work, a permit holder shall furnish and install
the barricades, flares, and lights as necessary, and in compliance
with the state manual for uniform traffic control devices, as amended
from time to time. In the event there is a conflict between the provisions
of this article and the provisions of the state manual for uniform
traffic control devices, the latter shall be controlling.
(e)
During the time the work is actually being conducted, the permit
holder shall provide a flagger to alert the public to the work, when
required by the state manual for uniform traffic control devices or
when required by a city inspector.
(f)
A permit holder may close a traffic lane on a major thoroughfare
only between 8:30 a.m. and 4:00 p.m. unless the director of public
works grants prior approval. Arrow board is required on lane closures,
with all barricades, advanced warning signs and 36-inch reflector
cones placed in accordance with the state manual for uniform traffic
control devices.
(g)
Any work that may involve construction within the right-of-way adjoining
a school within the city must be coordinated with the director of
public works so as to minimize traffic conflicts and street closures
during school days.
(Ordinance 566 adopted 11/14/00; Ordinance 1239-2019, sec. 80, adopted 8/13/19)
(a)
After completion of any work within the right-of-way, a permit holder
shall return all flowlines and grades in the right-of-way to their
original condition and shall complete restoration, which shall include,
but not be limited to:
(1)
Replacing all ground cover with equal to the type of ground cover
damaged during work or better either by sodding or seeding, as directed
by the director.
(2)
Installing of all manholes and handholes, as required.
(3)
Backfilling all bore pits, potholes, trenches or any other holes,
unless other safety requirements are approved by the director of public
works.
(4)
Leveling of all trenches and backhoe lines.
(5)
Restoring excavation site to city specifications.
(6)
Restoring of all landscaping, ground cover, and sprinkler systems.
(7)
Removing all locate flags during the cleanup process.
(b)
A permit holder shall complete restoration to the reasonable satisfaction
of the city within 30 calendar days after completion of the work,
unless otherwise extended by the director of public works, in accordance
with existing standards of the city in effect at the time of the work.
(c)
Should the city reasonably determine, within two years from the date
of the completion of the repair work, that the surface, base, irrigation
systems or landscape treatment requires additional restoration work
to meet preconstruction conditions or existing standards of the city,
the permit holder responsible for the original or any subsequent restoration
shall perform such restoration work to the reasonable satisfaction
of the city.
(d)
Notwithstanding subsection (c) above, if the city determines that the failure of a permit holder to properly repair or restore the right-of-way constitutes a safety hazard to the public, the city may, after providing notice to the permit holder, undertake emergency repairs and restoration efforts. A permit holder shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city’s invoice.
(e)
If a permit holder fails to perform necessary restoration in accordance
with the requirements of this section, all work in progress, except
that related to the problem, which has been permitted but not complete
may be halted and the city may place a hold on any permits not approved
until all restoration is complete.
(Ordinance 566 adopted 11/14/00; Ordinance 1239-2019, sec. 80, adopted 8/13/19)
If the permit holder fails to diligently perform the work described
in the permit, abandons the job, or for other reasons does not complete
the work within a timely manner, the city, after giving notice to
the registration holder, shall have the authority to take such action
as is necessary to restore the right-of-way to a good and safe condition
for the benefit and convenience of the public. If the failure to complete
the work causes a safety hazard, the city shall commence restoration
and shall notify the registration holder as promptly as possible after
commencing work. Under these circumstances, the permit holder shall
be responsible for all costs incurred by the city in restoring the
right-of-way and shall make no claim against the city for any excess
costs or expenses or damage incurred by the permit holder or utility
provider on account of the city’s action.
(Ordinance 566 adopted 11/14/00; Ordinance 1239-2019, sec. 80, adopted 8/13/19)
(a)
The city shall have the right and may at any time order and require
any registration holder to remove and abate any facility that the
director of public works determines is necessary to address a public
health or safety emergency. If the registration holder or permit holder,
after notice, fails or refuses to act, the city shall have the power
to cause the removal or abatement of the dangerous facilities at the
expense of the registration holder without liability for damages.
The registration holder shall reimburse the city for all costs incurred.
(b)
When required by the city for reasons of public safety, street vacation,
widening, reconstruction, relocation or regrading, or installation,
repair or maintenance of streets, drainageways, sewer mains, water
pipes, power lines, signal lights, or any other type of structures
or improvements installed by the city on behalf of the public, the
registration holder shall, at its own expense, disconnect, remove,
and relocate from the right-of-way, any lines, facilities, or other
improvements within 60 days of the date when ordered in writing by
the city manager, and the registration holder shall have no claim
for reimbursement of costs or damages against the city, unless otherwise
provided by state law. The 60-day limit shall not apply if the director
of public works has approved a different schedule. Facilities not
moved after 60 days shall be deemed abandoned after the city gives
the registration holder 30 days’ notice. In such event, the
city shall cause the facilities to be removed and the registration
holder shall pay the costs for such removal, together with any other
costs the city incurs by reason of the registration holder’s
failure to remove the facilities, including liquidated damages the
city is required to pay or any other costs that arise from the delay
in the relocation of the facilities. The registration holder shall
pay such costs within 30 days of the date of the invoice from the
city. Failure to pay such fees shall be cause for revocation of registration
and/or an excavation permit.
(Ordinance 566 adopted 11/14/00; Ordinance 1239-2019, sec. 80, adopted 8/13/19)
The city may refuse to issue an excavation permit or may revoke
any such permit or franchise already issued, and may terminate work
in progress by any utility provider which is not in compliance with
this article. If a person or utility provider has not complied with
the provisions of this article in work performed pursuant to an excavation
permit, the city may deny a subsequent application for such a permit
or may impose modifications. Further, the city may deny issuance of
a permit in the event the applicant has not paid any fees owed.
(Ordinance 566 adopted 11/14/00)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 566 adopted 11/14/00)
