In this division:
City council.
The city council of the City of Joshua.
City manager.
The city manager of the City of Joshua or the city manager’s designated representative.
Construction.
Any of the following activities performed by any person within a right-of-way:
(1) 
Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent.
(2) 
Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way.
(3) 
Performance, restoration, or repair of pavement cuts or excavations.
(4) 
Other similar construction work.
(5) 
Reconstruction of any of the work described in subsections (1) through (4) of this definition.
Emergency conditions.
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.
Excavation.
The removal of dirt, fill, or other material in the public right-of-way, including but not limited to the methods of open trenching, boring, tunneling, or jacking.
Excavation permit.
The document giving consent to construct, install, repair, relocate or remove particular facilities within the right-of-way.
Facilities.
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.
Incidental in nature.
That work which can be completed, consistent with applicable federal or state laws or regulations, without:
(1) 
Obstructing the flow of vehicular traffic on a street, alley, or sidewalk;
(2) 
The open cutting of a paved area of a city street or easement; or
(3) 
Underground boring or jacking within the paved area of a city street.
Major project.
Any construction that requires a pavement cut of a length of 300 linear feet or greater within any single street or alley.
Permit holder.
The person applying for or receiving a permit to perform construction within the city’s right-of-way under the terms and conditions of this division, and includes:
(1) 
Any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permit holder; and
(2) 
Any contractor or subcontractor of the permit holder, for purposes of compliance with the traffic control, construction, and maintenance requirements of this division.
Person.
A natural person, corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, or other such entity.
Registration.
The document giving consent to own and operate facilities within the right-of-way.
Right-of-way.
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 airwaves above a right-of-way with regard to wireless telecommunications.
Utility provider.
A business that offers a public utility service, including but not limited to gas, water and wastewater, electricity, cable, or telecommunications services, and that owns, rents, or has an agreement which authorizes it to utilize facilities within the right-of-way.
(Ordinance 422-2007, sec. 1, adopted 4/17/07)
(a) 
A person commits an offense if, in connection with the performance of construction in the right-of-way, the person:
(1) 
Performs, authorizes, directs, or supervises construction without a valid excavation permit;
(2) 
Violates any other provision of this division;
(3) 
Fails to comply with restrictions or requirements of a permit issued under this division;
(4) 
Fails to comply with an order or regulation of the city manager issued pursuant to this division;
(5) 
Damages the right-of-way beyond what is incidental or necessary to the performance of the construction;
(6) 
Damages public or private facilities within the right-of-way; or
(7) 
Fails to clear debris associated with the construction from a right-of-way after construction is completed.
(b) 
It is a defense to prosecution under subsection (a)(6) if the person complied with all of the requirements of this division and state law and caused the damage because the facilities in question:
(1) 
Were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and
(2) 
Could not otherwise be discovered in the right-of-way through the use of due diligence.
(c) 
A person who violates a provision of this division is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense under subsection (a)(7) is punishable by a fine of not less than $500.00 or more than $2,000.00. Any other offense under this division is punishable by a fine of $500.00. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 422-2007, sec. 22, adopted 4/17/07)
(a) 
This division 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 division takes effect shall continue to operate under and comply with that grant until the grant expires or it is terminated by mutual agreement.
(Ordinance 422-2007, sec. 2, adopted 4/17/07)
The purpose of this division 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 rights-of-way;
(2) 
Govern the use and occupancy of the rights-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 rights-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; and
(7) 
Prevent interference between the different entities using the rights-of-way.
(Ordinance 422-2007, sec. 3, adopted 4/17/07)
(a) 
A utility provider which has facilities in the right-of-way existing as of the effective date of adoption of this division and has not provided the city “plans of record” plans shall provide such information to the city manager or designee not later than one year after the effective date of this division in the format specified by the city manager and with sufficient detail to convey the type, size and location of facilities. The registration holder shall submit plans of record in digital format (AutoCAD) as well as written or in any other format requested by the city manager. 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 city manager, 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 division, a registration holder shall provide the city manager 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 city manager, for good cause, may waive all or portions of the requirements of subsections (a) and (b). The city manager may reassess waivers from time to time to determine whether the utility provider’s ability to provide plans of record has changed.
(Ordinance 422-2007, sec. 8, adopted 4/17/07)
(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 the requirements of any other applicable city ordinances. 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.
(b) 
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.
(c) 
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. Should the registration holder or its contractor contact the city prior to the expiration of the five-day period and provide information indicating that the movement of the aerial facilities will require additional time, the city manager 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 422-2007, sec. 9, adopted 4/17/07)
(a) 
An applicant for an excavation permit or its contractor shall notify a notification center established pursuant to Tex. 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 city manager or designee with the following information not less than 48 hours before beginning work under the utility construction permit:
(1) 
The reference number received from the notification center;
(2) 
The exact dates and time work will be performed under the 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, and who may be contacted by phone 24 hours per day.
(c) 
The notice of work must be in writing and may be sent by facsimile transmission.
(Ordinance 422-2007, sec. 15, adopted 4/17/07)
(a) 
All facilities constructed within the right-of-way after the effective date of this division shall:
(1) 
Conform to the city’s construction standards as outlined in the city’s subdivision ordinance, and shall comply with all other applicable codes and ordinances;
(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:
(A) 
Traffic over city streets;
(B) 
The health, safety or welfare of the owners of property adjoining the right-of-way: or
(C) 
The operation of other facilities or equipment situated within the right-of-way, whether owned or maintained by the city or other utility providers; and
(4) 
Be situated so as to minimize the space used.
(b) 
To the extent permitted by law, the city manager may require the location of facilities underground.
(Ordinance 422-2007, sec. 16, adopted 4/17/07)
(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 backfillings 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 Texas Council of Governments specifications, as adopted by the city;
(4) 
Install new facilities located within the right-of-way at a minimum depth approved by the city manager, with the following minimum clearances, except where the city manager finds an alternate clearance can safely accommodate existing utilities:
(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; and
(C) 
All conduit that runs parallel to an existing storm sewer, sanitary sewer or water main shall have a five-foot minimum horizontal clearance from the exterior face of the pipes or manholes;
(5) 
Have the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the rights-of-way. The city manager may waive the requirement of trenchless technology if the city manager determines that the field conditions warrant the waiver, based upon information provided to the city by the permit holder;
(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, 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 [such signs] shall continue to be posted at the location during the entire time the work is occurring;
(9) 
Notify the city manager 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 regulations and guidelines for stormwater management erosion control;
(12) 
Submit to the city manager a stormwater pollution prevention plan (SWPPP), as applicable, that has been submitted to the Environmental Protection Agency or state commission on environmental quality (TCEQ) or submit a copy of a letter to the EPA stating that the permit holder is not required to obtain such approval; and
(13) 
Maintain a five-foot vertical clearance below the bottom of the proposed stream bed or drainage facilities, if applicable. The applicant shall contact the city manager to determine whether future improvements to the channel may impact the cable alignment.
(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 city manager; 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. The permit holder shall make available a representative of the permit holder to the city at all times during construction.
(d) 
Except in an emergency, the working hours in the rights-of-way are 8:00 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 city manager. 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, unless otherwise approved by the city manager.
(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 city manager, 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 city manager 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 city manager.
(g) 
The city manager 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 422-2007, sec. 17, adopted 4/17/07)
(a) 
Except in emergency conditions, a person shall obtain prior approval of the city manager when a street or sidewalk cut is required, and comply with all city requirements.
(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 city manager, 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 Texas Manual on Uniform Traffic Control Devices, as amended from time to time. In the event there is a conflict between the provisions of this division and the provisions of the most current Texas Manual on Uniform Traffic Control Devices, as amended, 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 Texas Manual on Uniform Traffic Control Devices, as amended, 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 city manager grants prior approval. Arrow board is required on lane closures, with all barricades, advance warning signs and 36-inch reflector cones placed in accordance with the 1980 Texas Manual on Uniform Traffic Control Devices, as amended.
(g) 
Any work that may involve construction within the right-of-way adjoining a school within the city must be coordinated with the city manager so as to minimize traffic conflicts and street closures during school days.
(Ordinance 422-2007, sec. 18, adopted 4/17/07)
(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 city manager.
(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 city manager.
(4) 
Leveling of all trenches and backhoe lines.
(5) 
Restoring the 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 satisfaction of the city within 30 calendar days after completion of the work, unless otherwise extended by the city manager. All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the pavement cut or excavation area will be regarded as a part of the pavement cut or excavation and must be included in the total area repaired. If repaired by the city, the permit holder shall reimburse the city for the actual direct and indirect costs of the repair.
(c) 
Should the city manager determine, within two years from the date of the completion of the repair work, that there is a defect or damage in the permitted construction, the permit holder responsible for the original or any subsequent restoration shall perform such restoration work to adequately repair the defect or damage. The damage or defect must be corrected to the satisfaction of the city manager within 10 days after the city manager gives notice to the permit holder to correct the damage or defect.
(d) 
Notwithstanding subsection (c) above, if the city manager 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 is not complete may be halted and the city may place a hold on any permits not approved until all restoration is complete.
(f) 
The city manager shall notify the permit holder if the backfill on a permitted construction settles at any time during the two-year maintenance period required in subsection (c) of this section, causing subsidence in the pavement of one-half inch or more, vertically measured in any three-foot horizontal direction. Upon notification, the permit holder shall schedule appropriate repair work and promptly notify the city manager of the anticipated dates of commencement and completion of the repair work. If the repair work is not commenced or completed within the agreed-upon time schedule, or if no response is received by the city manager within 24 hours after notification to the permit holder, the repair work may be performed by the city. The permit holder shall reimburse the city for the actual direct and indirect costs of any repair work performed by the city.
(Ordinance 422-2007, sec. 19, adopted 4/17/07)
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. 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 422-2007, sec. 20, adopted 4/17/07)
(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 city manager 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 calendar 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 city manager has approved a different schedule. A person making a pavement cut or excavation for the purpose of adjusting facilities at the city’s request in advance preparation for a city street paving or storm drainage project shall obtain an excavation permit.
(c) 
If the city gives written notice to a registration holder that some of its facilities must be relocated in accordance with the provisions of this section, the registration holder shall, within 20 business days of the notice, provide the city assurance that the registration holder shall comply with the requirements of this section. The city manager may waive this requirement at the request of the registration holder if the registration holder submits proof that, for the preceding three years, it has completed relocation in a workmanlike manner within 60 calendar days or, if authorized by the city, a different time limit. The assurance may be in the form of a surety bond, escrow agreement, or letter of credit, which is subject to the approval of the city attorney.
(d) 
Facilities not moved after 60 days shall be deemed abandoned after the city gives the registration holder 50 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 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 costs shall be cause for revocation of registration and any excavation permits.
(Ordinance 422-2007, sec. 21, adopted 4/17/07)