(a)
Responsibility of director.
It shall be the duty and
responsibility of the director to administer, implement and enforce
the provisions of this article.
(b)
Scope.
(1)
This article governs the location, placement, installation, repair,
maintenance and removal of all utility facilities within all rights-of-way
of the city.
(2)
A utility provider with a valid unexpired franchise agreement or
other authorization from the city to use the rights-of-way of the
city may continue to operate under and comply with that agreement
until the agreement expires or is terminated.
(3)
To the extent the provisions of this article conflict with an unexpired
franchise agreement or other authorization from the city to use the
right-of-way, the provisions of the franchise shall prevail during
the term of the franchise. To the extent that the provisions of this
article can be reconciled, both the franchise and this article shall
be given effect.
(c)
Purpose.
The purpose of this article is to:
(1)
Assist in the management of facilities placed in, on, or over the
rights-of-way of the city in order to provide for the orderly maintenance
of such rights-of-way, avoid costly interruption of utility service
to the citizens, minimize congestion, inconvenience, unsightly visual
impact and other adverse effects of utility service, and minimize
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;
(7)
Prevent interference between the different entities using the rights-of-way;
(8)
Protect the safety, security, appearance and condition of the rights-of-way;
and
(9)
Comply with the requirements of applicable federal and state laws.
(d)
Authorization for right-of-way occupancy.
Except as
otherwise exempted by law, any person, prior to constructing facilities
in, on or over the public rights-of-way, must first obtain separate
municipal authorization. A registration obtained pursuant to this
article does not constitute such municipal authorization.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1101)
As used in this article, the following terms shall have the
meaning ascribed herein:
The City of Lake Worth, Texas, or the designated agent of
the city.
The city council of the City of Lake Worth, Texas.
Any work above the surface, on the surface or beneath the
surface of a public right-of-way, including, but not limited to, installing,
servicing, repairing or modifying any facility(ies) in, above or under
the surface of the public right-of-way, and restoring the surface
and subsurface of the public right-of-way.
The director of public works of the city or his or her designee.
A condition that the city or director determines:
Any digging, hollowing, directional drilling or boring more
than six (6) inches below the surface of the ground.
The plant, equipment and property, including but not limited
to lines, poles, mains, pipes, pipelines, conduits, ducts, cables,
wires, splice boxes, tracks, tunnels, utilities, vaults, and other
appurtenances or tangible things, located, or are proposed to be located,
under, on or above the surface of the ground within the rights-of-way
of the city.
An individual grant to use the public rights-of-way issued
by the city and accepted by a utility owner in accordance with the
ordinances of the city, a franchise agreement, a license agreement,
or under operation of state law which provides a specific grant of
authority to use the rights-of-way.
A permit to perform construction granted in accordance with
the city’s ordinances.
A natural person, corporation, company, association, partnership,
firm, limited liability company, joint venture, joint stock company
or association, public or private agency, sole proprietorship, a utility
or any other legal entity, including a successor or assign of any
of the foregoing. The term shall also mean a political subdivision,
other than the city.
The document confirming the city’s approval only of
a particular proposed location within specific right(s)-of-way of
specifically identified proposed utility facilities. Registration
does not constitute consent by the city for utility facilities to
be placed in the right-of-way, which consent must also be obtained
unless otherwise provided by law or other agreement.
The process by which a right-of-way is returned following
completion of construction to a condition that is equal to or better
than the condition that existed prior to commencement of construction.
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
the right-of-way with regard to wireless telecommunications, or a
public right-of-way owned, regulated and maintained by a political
subdivision other than the city.
Prepared by a licensed professional engineer in the state
according to the state commission on environmental quality (TCEQ)
regulations.
That document giving consent to construct, install, repair,
relocate or remove facilities within the right-of-way. A utility construction
permit only allows the holder to construct those specific facilities
described in such permit, and in that part of the right-of-way described
in such permit.
Any person who owns any facility or facilities that are or
are proposed to be installed or maintained in the rights-of-way. Included
within this definition is the owner’s contractor, subcontractor,
agent or authorized representative.
A business that offers a public utility service including,
but not limited to, gas, electricity, cable or telecommunications
services, and that owns, rents, or has an agreement which authorizes
it to utilize facilities within the right-of-way. “Utility provider”
includes the utility provider’s contractor, subcontractor, agent
or authorized representative.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1102)
(a)
In order to protect the public health, safety and welfare, all utility
owners shall register with the city on a form provided by the director,
and comply with the requirements therefor.
(b)
The utility owner applying for registration shall furnish the city
the following information, which shall be subscribed and sworn to
before a notary public:
(1)
The name, address, and telephone number of the utility owner;
(2)
Any trade names under which the utility owner does or proposes to
do business;
(3)
The name, address, telephone number, fax number, and e-mail address
of the person(s) who will be the contact person(s) for the utility
owner;
(4)
The names, addresses and telephone numbers of any contractor or subcontractor,
if known, who will be working in the right-of-way on behalf of the
utility owner;
(5)
The name(s) and telephone number of an emergency contact who shall
be available twenty-four (24) hours a day to respond to emergencies;
and
(6)
Proof of insurance and bonds, as follows:
(A)
Except as otherwise specified, the utility owner and a contractor
of any tier will be required at their own expense to maintain in effect
at all times during the performance of the work insurance coverages
with limits not less than those set forth below with insurers and
under forms of policies satisfactory to the city. It shall be the
responsibility of the utility owner to insure the utility owner and
a contractor of any tier are adequately insured at all times. The
existence of such insurance shall not relieve the utility owner or
a contractor of any tier of any legal responsibility or obligation,
whether in contract or tort.
(B)
The utility owner shall submit to the director certificates of insurance
for each policy, required by this subsection, prior to the commencement
of any work and during each year of the registration term, as evidence
that the utility owner and a contractor of any tier have the policies
providing the required coverages and limits of insurance which are
in full force and effect. The certificates of insurance or insurance
policies shall provide that any company issuing an insurance policy
required by this subsection shall provide not less than thirty (30)
days’ advance written notice of any cancellation. Additionally,
the utility owner shall immediately provide written notice to the
director upon receipt of any notice of cancellation of an insurance
policy or a decision to terminate or alter any insurance policy required
by this subsection.
(C)
All policies, other than those for worker’s compensation, shall
be written on an occurrence basis and not on a claims-made basis,
and shall name the city, its officers and employees as additional
insureds.
(D)
All insurance policies required by this subsection shall contain
an endorsement requiring the insurer to provide the director with
at least thirty (30) days’ prior written notice of any intention
not to renew or to cancel such policy, such notice to be given by
certified or registered mail.
(E)
All insurance shall be provided through valid and enforceable policies,
insured by insurers licensed to do business in the state. All insurance
carriers and surplus line carriers shall be rated A- or better by
A.M. Best Company. 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.
(F)
The utility owner, and thereafter, for renewal purposes, the registration
holder, shall pay all insurance premiums and assessments required
to maintain such insurance. A company which issues an insurance policy
has no recourse against the city for payment of a premium or assessment.
(G)
The city will accept certificates of self-insurance issued by the
state or letters written by the utility owner, in those instances
where the state does not issue such letters, provided that the utility
owner demonstrates by written information to the city that it has
adequate financial resources to be a self-insured entity satisfying
the requirements of this section for insurance and bonds. Certificates
of self-insurance and letters written by the utility owner shall provide
the same coverage as required herein.
(H)
The utility owner and a contractor of any tier shall maintain worker’s
compensation and employer’s liability insurance in accordance
with the laws of the state or, in those instances where the state
does not issue such letters, and provided that the utility owner demonstrates
by written information to the city that it has adequate financial
resources to be a self-insured entity after the date of passage of
this article, satisfies the requirements of this subsection for insurance
and bonds, letters written by the utility owner which provide the
same coverage as required herein.
(I)
The utility owner and a contractor of any tier shall also maintain
commercial general liability insurance with minimum limit of five
million dollars ($5,000,000.00) as the combined single limit for each
occurrence of bodily injury, sickness, disease or death of any person,
other than the policy holder’s employees, or damage to property
of the city or any other person arising out of an act or omission
of the policy holder, or the policy holder’s subcontractors,
agents or employees. This policy shall also include protection against
claims insured by usual personal injury liability coverage as well
as coverage for completed operations, products liability, contractual
liability premises/ operations, and independent contractors, as well
as coverage that does not contain an XCU coverage exclusion.
(J)
The utility owner and the utility owner’s contractor shall
also maintain automobile liability insurance covering the policy holder,
its employees and agents, subcontractors and the additional insureds
against all claims for injuries to members of the public and damage
to property of others arising from the use of motor vehicles, and
shall cover operation on-site and off-site of all motor vehicles whether
they are owned, non-owned or hired. The liability shall not be less
than two million dollars ($2,000,000.00) as the combined single limit
for each occurrence for bodily injury and property damage.
(K)
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.
(L)
The utility owner, and thereafter, the registration holder, without
cost to the city, shall file performance and maintenance surety bonds
for any construction to occur in the right-of-way. The surety bonds
shall be issued by a surety company authorized to do business in the
state. The maintenance bond shall be for a period not less than two
(2) full years after the completion of the construction, and both
bonds shall be in the amount of the estimated amount of the cost to
restore the right-of-way given the work to be done, to protect the
city in the event the registration holder leaves a jobsite in the
right-of-way unfinished, incomplete or unsafe.
(M)
A utility provider with a franchise in effect on the date of this
article satisfies the requirements of this subsection if the city
determines that the provider’s franchise adequately provides
for insurance and bonds; otherwise the utility provider shall comply
with the requirements of this subsection.
(N)
Failure of the city to verify compliance with the requirements of
this section shall not waive any such requirements.
(7)
Such other information as the director may determine is reasonably
necessary for proper consideration of the application.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1103)
(a)
The director shall issue a registration to the utility owner if after
review of the application the director determines that the utility
owner:
(b)
A person who has in effect an existing franchise or license agreement
with the city to use the right-of-way at the time of this article
shall still comply with the provisions of this article, except to
the extent the terms of the franchise or license agreement conflict
with this article, after which the director shall issue a registration.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1104)
(a)
A registration shall be valid for a period of five (5) years. A person may renew a registration by making application as provided by section 13.13.003. A registration is not transferable.
(b)
Each registration holder shall pay to the city a fee for the use
of the right-of-way in an amount established by the city council,
except to the extent an existing franchise or license agreement or
applicable state or federal law provides otherwise.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1105)
The director 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 any provision of this article; or
(3)
Violated the terms of its franchise, license, or other agreement,
if the registration holder has a franchise, license, or other agreement
with the city.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1106)
If the director denies or revokes a right-of-way registration,
the city shall give written notice to the utility owner or registration
holder by one of the following methods: (i) personal service, (ii)
certified mail, return receipt requested, or (iii) electronic mail
with delivery and receipt confirmed by return e-mail. The utility
owner or registration holder may appeal the decision to deny or revoke
a right-of-way registration by filing written notice of such appeal
with the city manager or his/her designee within five (5) business
days after receipt of the notice. The city manager or his/her designee
shall give written notice of the time and place of the appeal hearing
to the person appealing by one of the following methods: (i) personal
service, (ii) certified mail, return receipt requested, or (iii) electronic
mail with delivery and receipt confirmed by return e-mail. The city
manager or his/her designee shall conduct a meeting and shall make
a decision based on a preponderance of the evidence at the hearing.
The burden of proof shall be on the utility owner or registration
holder. Compliance with formal rules of evidence shall not be required.
The decision of the city manager or his/her designee may be appealed
to the city council. The decision of the city council shall be final.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1107; Ordinance adopting 2021 Code)
(a)
A utility provider which has facilities in the right-of-way existing
as of the effective date of adoption of this article and has not provided
the city “as-built plans” shall provide such information
to the director no later than one (1) year after the effective date
of this article in the format specified by the director and with sufficient
detail to convey the type, size and location (within two feet (2')
horizontally and vertically), including depth, of its facilities.
The utility owner shall submit “as-built plans” in digital
PDF format as required by the director. If the utility owner does
not submit “as-built plans” as required by this section,
it waives all claims against the city for any damage caused to such
utility owner’s facilities by any future construction or utility
installation activities, regardless of who performs such work.
(b)
For facilities constructed after the effective date of this article, a utility owner shall 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 in digital PDF format as required by the director in accordance with the provisions of subsection (a) above.
(c)
The director, for good cause, may waive all, or portions, of the requirements of subsections (a) and (b) above. Determination of good cause shall include an assessment of the following: (i) the utility owner’s ability to feasibly and economically remove customer-specific, proprietary or confidential information from its plans, and (ii) the utility owner’s standard business practice relative to the preparation of construction and “as-built plans.” The director may impose conditions on any waiver granted under this subsection. The director may reassess a waiver granted under this subsection, from time to time, to determine whether the utility owner’s ability to provide “as-built plans” has changed.
(d)
Nothing contained in this article shall create, expand or enlarge
the liability of the city for damage to any utility facilities of
any utility owner, or create any duty of the city to any utility owner
or other third party, except as expressly provided in this article.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1108)
(a)
A utility owner 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 the city’s tree preservation
ordinance. 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 utility owner shall make reasonable efforts
to contact affected property owners prior to necessary tree trimming
operations.
(b)
Should the utility owner 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 utility owner shall reimburse the city
for all costs incurred within 30 days of receipt of an invoice from
the city.
(c)
A utility owner 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 no less than five days.
Should the utility owner 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 director 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 utility owner
may require prepayment or the posting of a bond from the party requesting
the temporary rearrangement.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1109)
(a)
A utility owner shall obtain a utility construction permit prior
to performing any excavation, construction, relocation, removal, installation,
repair or maintenance of facilities within the right-of-way, except
as expressly provided otherwise herein. A utility construction permit
is required for new construction and replacement or upgrading of a
utility provider’s network in the right-of-way, whether located
above the surface, on the surface, or underground. A utility construction
permit application shall be signed by an authorized representative.
(b)
The following work undertaken by a utility owner does not require
a utility construction permit:
(1)
Work to existing facilities required by emergency conditions, provided that the utility owner complies with subsection (c) below;
(2)
Work that does not require any excavation or construction, and which
obstructs vehicular or pedestrian traffic on a street, alley or sidewalk
for less than two (2) hours and which does not occur between the hours
of 7:00 a.m. to 9:00 a.m. and 4:30 p.m. to 6:30 p.m. on weekdays,
provided the utility owner has complied with the following requirements:
(A)
The utility owner has submitted a traffic-control plan prepared in
accordance with the Manual on Uniform Traffic Control Devices and
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 four (4) hours’ written notice of the
proposed work.
(c)
When performing work required by emergency conditions, the utility
owner shall notify the director as soon as practical, but in no event
more than seventy-two (72) hours after commencing such work, and shall
submit to the city director within seventy-two (72) hours after commencing
such work a reasonably detailed description of the work performed
in the right-of-way. An updated “as-built plans” of facilities
relocated during emergency work shall be provided to the director
within ninety (90) days of completion of the work.
(d)
A utility owner applying for a utility construction permit shall
pay to the city a utility construction permit fee in an amount established
by the city council except to the extent an existing franchise or
license agreement or applicable state or federal law provides otherwise.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1110)
(a)
An applicant shall submit an application for a utility construction
permit at least ten (10) working days before the commencement of work
proposed in the application. Such application shall be signed by the
applicant or the applicant’s authorized agent or representative.
Upon request of the utility owner, the director may approve a shorter
time period for submittal of an application.
(b)
Except as otherwise permitted by this article, prior to the commencement
of any work, the person requesting a utility construction permit will
provide the director with three (3) sets of engineering plans in the
format specified by the director showing the following information:
(1)
The proposed location and route of all facilities to be constructed
or installed and the utility owner’s plan for right-of-way construction;
(2)
Description of the proposed facilities on a scale of one inch (1")
equals fifty feet (50'), unless otherwise approved by the director;
(3)
Description of the location of all right-of-way and utility easements
that the utility owner plans to use for such construction or installation;
(4)
Description of all existing city and, to the extent known, other
utility facilities which intersect, are impacted by, or in close proximity
(ten feet) to the utility owner’s proposed facilities and/or
work;
(5)
Description of the facilities the utility owner proposes to install,
including but not limited to: pipe size, number and size of ducts,
number and size of valves, location and size of stub-outs;
(6)
The typical details of manholes and/or handholes the utility owner
plans to use or access;
(7)
A complete legend; and
(8)
A stormwater pollution prevention plan (SWPPP) in accordance with
city ordinances and other applicable laws and regulations.
(c)
The applicant shall also submit documentation showing the following:
(1)
The name, address and phone 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 may be reached twenty-four
(24) hours a day during construction;
(2)
The 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, which approval
will not be unreasonably withheld;
(3)
A statement that the proof of insurance, bond or other financial
information, as required by this article, are current and on file
with the city;
(4)
A copy of any permit or approval issued by any federal or state authorities
for work in federal or state right-of-way located in the city;
(5)
Verification that the applicant has a valid right-of-way registration
from the city;
(6)
Evidence that all of the utility providers in the area have been
given notice of the construction. (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 of the Texas Utilities Code. If
this reference number is not known at the time of application, the
reference number shall be provided at least forty-eight (48) hours
prior to commencement of construction.); and
(7)
A copy of the applicant’s traffic-control plan and policy for
work performed in the right-of-way.
(d)
The director may require a pre-construction meeting with the utility
owner and its contractor.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1111)
(a)
The director shall process and administratively complete the utility
construction permit application and shall issue a utility construction
permit, provided that the utility owner is in compliance with the
provisions of this article.
(b)
The utility construction permit shall state to whom it is issued,
location of work, identification of facilities to be installed, repaired
or upgraded or maintained, dates and times of work that is to take
place, and any other condition set out by the director.
(c)
The permit holder shall:
(1)
Maintain a copy of the utility construction permit and approved engineering
plans at the construction site, which shall be made available for
inspection by the director at all times when construction or installation
work is occurring;
(2)
Complete all construction work authorized by the utility construction
permit in the time specified, unless the permit holder has obtained
an extension from the director;
(3)
Provide the director access to the worksite, and such further information
that may reasonably be required by the director to ensure compliance
with the utility construction permit; and
(4)
Immediately notify the director of any conflicts discovered with
existing facilities, damage to any existing facilities, or other circumstances
that reasonably require the city to take corrective action.
(d)
The utility construction permit shall expire if the work authorized
by the permit does not commence within one hundred twenty (120) days
from the date of issuance of the permit or work is suspended or abandoned
for a period of 90 days at any time after work is commenced. The director
may authorize renewal of the permit for two additional sixty (60)
day periods without resubmission of an application, provided that
the scope of work set forth in the original application is not changed.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1112)
The director shall revoke a utility construction permit if the
director determines that the permit holder has:
(1)
Given false or inaccurate information on the application for a utility
construction permit or in a hearing concerning the utility construction
permit; or
(2)
Violated any provisions of this article.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1113)
If the director denies or revokes a utility construction permit,
the director shall give notice to the utility owner or registration
holder by one of the following methods: (i) personal service, (ii)
certified mail, return receipt requested, or (iii) electronic mail
with delivery confirmed by return e-mail. The utility owner or registration
holder may appeal the decision to deny or revoke the utility construction
permit by filing written notice with the city manager or his/her designee
within five (5) business days after receipt of notice. The city manager
or his/her designee shall give written notice of the time and place
of the hearing to the person appealing by one of the following methods:
(i) personal service, (ii) certified mail, return receipt requested,
or (iii) electronic mail with delivery confirmed by return e-mail.
The city manager or his/her designee shall conduct a hearing and shall
make a decision based on a preponderance of the evidence presented
at the hearing. The burden of proof shall be on the utility owner
or registration holder. Compliance with formal rules of evidence shall
not be required. The decision of the city manager or his/her designee
may be appealed to the city council. The decision of the city council
shall be final.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1114; Ordinance adopting 2021 Code)
(a)
Installation standards.
All facilities constructed within
the right-of-way after the effective date of this article shall:
(1)
Conform to the city’s design standards (standard details of
construction), which provide design standards for use and occupancy
of the right-of-way, and all codes and ordinances in effect at the
time of submittal of the application;
(2)
Be installed in accordance with plans and at the specific location
within the right-of-way approved by the city; and
(3)
Be installed or constructed so as not to unreasonably interfere with:
(A)
Traffic over city streets; and
(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
(D)
Be located and situated so as to minimize the space used and maximize
the space available for other utility facilities.
(b)
Underground installation.
To the extent permitted by
law, the director may require the location of facilities underground.
(c)
Preservation of right-of-way.
Any utility owner doing
work in the right-of-way shall properly install, repair, and maintain
its facilities so as to preserve the integrity of the right-of-way.
(d)
Improperly installed or maintained facilities.
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;
or
(4)
The facilities are not located in the proper place at the time of
construction in accordance with the plans approved by the director.
(e)
Conformance with public improvements.
Whenever by reasons
of widening or straightening of streets, water or sewer line projects,
or any other public works projects (e.g., install or improve storm
drains, water lines, sewer lines, etc.) it shall be deemed necessary
by the city council to remove, alter, change, adapt, or conform the
underground or overhead facilities of a utility owner to another part
of the right-of-way, such alterations shall be made by the utility
owner of the facilities at their expense (unless provided otherwise
by applicable state or federal law, or a valid franchise, a license
or other municipal authorization) within the time limits set by the
director working in conjunction with the utility owner, or if no time
frame can be agreed upon, within ninety (90) days from the day the
notice was sent to make the alterations. Facilities not moved after
ninety (90) days or within the approved schedule, if such exists,
as same may be extended from time to time, shall be deemed abandoned,
and, after thirty (30) days’ written notice, the city may remove
the facilities itself or have the facilities removed by a qualified
contractor and the utility owner shall be responsible for all costs
incurred by the city to perform such work and shall submit payment
for said costs within thirty (30) calendar days from the date of the
city’s invoice.
(f)
Authority to order removal of facilities in case of health or safety
emergency.
The city shall have the right to, and may
at any time, order and require a utility owner to remove and abate
any facility that the director determines is necessary to address
a public health or safety emergency. If, after written notice, the
utility owner or registration holder fails or refuses to act within
the time limits set by the director working in conjunction with the
utility owner, or if no time frame can be agreed upon, within ninety
(90) days from the day the notice was sent, the city may remove the
facilities itself or have the facilities removed by a qualified contractor.
The utility owner shall be responsible for all costs incurred by the
city under this section and shall submit payment for said costs within
thirty (30) calendar days from the date of the city’s invoice.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1115)
(a)
An applicant for a utility construction permit or its contractor
shall notify a notification center established pursuant to chapter
251 of the Texas Utility Code, 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 with the following information
at least forty-eight (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 utility
construction permit; and
(3)
The name, address and telephone number of the person or entity who
will perform the work, including a representative who will be available
at all times during construction, and who may be contacted twenty-four
(24) hours a day.
(c)
The notice of work to the director must be in writing and may be
sent by personal service, facsimile transmission or certified mail,
return receipt requested. If notice is by certified mail, it shall
be sent no later than four (4) business days before work is to commence
work.
(d)
The utility owner shall coordinate and communicate with private property
owners whenever access to private property is restricted.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1116)
(a)
The utility owner or the utility owner’s contractor shall notify
the director at least twenty-four (24) hours in advance that construction
is ready to commence.
(b)
All construction shall be in conformance with all city codes and
applicable local, state and federal laws.
(c)
Three-by-three foot (3' x 3') informational signs stating the identity
of the person doing the work, telephone number and utility owner’s
identity and telephone number 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. An informational
sign stating the construction work is underway 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.
(d)
Lane closures on major thoroughfares will be limited to between 9:00
a.m. and 4:30 p.m. unless the director grants prior approval for more
extensive closures. Arrow boards will be required for lane closures
on all major thoroughfares and collectors, and with all safety devices
and procedures required by the Texas Manual on Uniform Traffic Control
Devices.
(e)
Utility owners are responsible for the workmanship of, and any damages
caused by, the utility owner’s contractors or subcontractors.
An authorized representative of the utility owner shall be available
to the director at all times during construction.
(f)
The utility owner or contractor or subcontractor will notify the
director immediately of any damage to any other utilities, including
city utilities.
(g)
It is the city’s policy not to cut streets or sidewalks unless
reasonably necessary; therefore, when a street or sidewalk cut is
required, prior approval must be obtained from the director and all
requirements of the city shall be followed. Repair of all street and
sidewalk removals must be made to avoid safety hazards to vehicle
and pedestrian traffic, and shall be in accordance with all applicable
city specifications and details for restoration within public rights-of-way.
(h)
Installation of facilities must not interfere with city utilities,
including gravity dependent facilities. Facilities shall not be located
over, or within two feet, horizontally or vertically, of any water
or sanitary sewer mains, unless approved in advance by the director
in writing.
(i)
All directional boring shall have a locator place bore marks and
depths while the bore is in progress. The locator shall place a mark
at each stem with paint dot and depth at least every other stem.
(j)
The working hours in the rights-of-way are 9:00 a.m. to 4:30 p.m.,
Monday through Saturday. Work that needs to be performed after 4:30
p.m. or on Sunday must be approved in advance by the director. No
work will be done, except for emergencies, on official city holidays.
(k)
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 reference to the “as-built plans” does not satisfy
this requirement.
(l)
When required by the director, the utility owner shall verify locations
of existing facilities by potholing, hand digging or other method
approved by the director prior to any mechanical excavation or boring.
(m)
Placement of all manholes and/or handholes must be approved in advance
by the director. Handholes or manholes will not be located in sidewalks,
unless approved by the director.
(n)
Locate flags shall not be removed from a location while facilities
are being constructed.
(o)
When construction requires pumping of water or mud, the water or
mud shall be contained in accordance with the SWPPP.
(p)
A utility owner 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 boring and other trenchless
technology whenever feasible and commercially reasonable. The city
shall waive the requirement for trenchless technology if it determines
that the field conditions warrant the waiver, based upon information
provided to the city. 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 utility owner shall
follow all reasonable construction directions given by the city in
order to minimize any such interference.
(q)
Backfilling of all bore pits, potholes, trenches or any other holes
shall be completed daily, unless other safety requirements are approved
by the director. Holes with only vertical walls shall be covered and
secured to prevent entry. Bore pits, trenches or other holes shall
be left open for continuation of work overnight only if approved by
the director, and shall be fenced and barricaded according to industry
best practices.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1117)
(a)
Except in an emergency, all street closures or detours that will
exceed twenty-four (24) hours shall be posted by a sign at least two
(2) days prior to the closure or detour. If a cut or opening in a
street is left open after 4:30 p.m., safety measures shall be taken
by the utility construction permit holder, including but not limited
to:
(b)
Any construction abutting a school must be coordinated with the director
so as to minimize traffic conflicts and street closures during school
days.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1118)
(a)
The utility owner shall be responsible for any damage caused by construction,
whether to public or private property, and shall immediately repair
or replace said property.
(b)
The utility owner shall restore the property affected by construction
to a condition that is equal to or better than existed prior to construction,
and in accordance with applicable city specifications, unless otherwise
approved by the director. The restoration shall, at a minimum, include
the following:
(1)
Replacing all ground cover with the type of ground cover damaged
during work to a condition equal to or better either by sodding or
seeding, or as directed by the director;
(2)
Installation of all manholes and handholes, as required;
(3)
Backfilling of all bore pits, potholes, trenches or any other holes,
unless other safety requirements are approved by the director;
(4)
Leveling of all trenches and backhoe lines;
(5)
Restoration of the excavation site;
(6)
Restoration of all hardscape, paving and driveways;
(7)
Restoration of all landscaping, ground cover and sprinkler systems;
and
(8)
Removal of all locate flags during the cleanup process.
(c)
Restoration work must be commenced within five (5) working days of
completion of construction, and completed no later than thirty (30)
days after the completion of all construction, unless otherwise approved
by the director in writing. Access to private property shall be given
priority during construction.
(d)
If restoration work does not meet the quality approved by the director
or is not performed timely, the director shall give written notice
to the utility owner by one of the following methods: (i) personal
service, (ii) certified mail, or (iii) electronic mail with delivery
and receipt confirmation by return e-mail. If after notice the deficiencies
are not remedied within ten (10) business days, the director may issue
a stop-work order and place a hold on all future permits. Stop-work
orders and holds placed on future permits shall remain in effect until
restoration work is completed to the quality approved by the director.
(e)
Upon failure of a utility owner to perform such restoration, and
after written notice has been given to the utility owner by the director
as provided above, the city may repair such portion of the public
rights-of-way as may have been disturbed by the utility owner, its
contractors or agents, and invoice the utility owner for all costs
incurred. Upon receipt of an invoice from the city, the utility owner
will reimburse the city for the costs so incurred within thirty (30)
calendar days from the date of the city invoice.
(f)
Should the city reasonably determine, within one year (1) from the
date of the completion of construction, that the restoration work,
including, but not limited to, the surface, base, irrigation system
and landscape treatment, requires additional restoration work to meet
existing city standards, the utility owner shall perform such additional
restoration work to meet pre-construction conditions or existing standards
of the city.
(g)
This section is intended to provide the general minimum requirements
for restoration following construction activities in the right-of-way,
but other ordinances, laws and regulations may contain additional
or more specific provisions. Therefore, nothing contained in this
section shall relieve the utility owner from the requirements of any
other city ordinance, or other applicable law or regulation.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1119)
If the utility owner, the utility owner’s contractor or
the utility owner’s subcontractor fails to diligently perform
any construction permitted under a utility construction permit, abandons
the job or for other reasons does not complete the construction within
a timely manner, or fails to restore the right-of-way or other property
as required by this article, the city, after written notice to the
utility owner by one of following methods: (i) personal service, (ii)
certified mail, or (iii) electronic mail with delivery and receipt
confirmation by return e-mail, shall have the authority to take any
action necessary to restore right-of-way to a good and safe condition,
in accordance with applicable city specifications. If the failure
to complete construction causes a safety hazard, the city may commence
restoration immediately and shall notify the utility owner. The utility
owner shall be responsible for all costs incurred by the city under
this section and shall submit payment for said costs within thirty
(30) calendar days from the date of the city’s invoice. If the
utility owner fails to do so, the director may issue a stop-work order
and place a hold on all future permits. Stop-work orders and holds
placed on future permits shall remain in effect until all amounts
owed are repaid.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1120)
(a)
Unless otherwise provided by law, each utility owner placing facilities
in the public rights-of-way shall agree, and by requesting use of
the rights-of-way does agree, to promptly defend, indemnify and hold
the city harmless from and against all damages, costs, losses or expenses
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 utility owner’s
acts or omissions, and from and against any and all claims, demands,
suits, causes of action, and judgments for:
(1)
Damage to or loss of the property of the utility owner, any other
utility owners, owners of other property, their contractors and subcontractors,
the city’s agents, officers, and employees, and other third
parties; and/or
(2)
Death, bodily injury, illness, disease, loss of services, or loss
of income or wages to any person arising out of, incident to, concerning
or resulting from the negligent or willful act or omission of the
utility 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 negligence 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 not intended to create or grant any rights, contractual or
otherwise, to any other property or utility owner or other entity.
(d)
A utility owner shall immediately advise the director and the city
of actual or potential litigation that may develop or may affect the
utility owner’s obligation to defend and indemnify the city.
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1121)
(a)
A person commits an offense if the person attempts to place, places,
attempts to cause to be placed or causes to be placed any facilities
within the right-of-way in any manner other than the manner provided
by this article.
(b)
A person commits an offense if the person owns or operates facilities
within the right-of-way without first having obtained a registration
from the city, except as expressly permitted otherwise in this article.
(c)
Whenever it appears that a person has violated, or continues to violate,
any provision of this article that relates to (i) the preservation
of public safety relating to the methods or procedures for construction
of any utility facility or improvement, or (ii) the preservation of
public health or safety, the city may petition the state district
court or the county court at law, through the city attorney, for either
[sic] the injunctive relief in this section, and may obtain against
the utility owner, or the utility owner’s contractor or subcontractor,
or any other person regulated by this article, a temporary or permanent
injunction, as appropriate, that:
(Ordinance 1071 adopted 12/13/16; 2004 Code, sec. 13.1122)
This division shall be construed in accordance with chapter
284 of the Texas Local Government Code to the extent not in conflict
with the constitution and laws of the United States or of the state.
To extent of any conflict between this division and the remainder
of this article, this division controls.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(a))
For the purpose of this division, the definitions found in the
city’s design manual for the installation of network nodes and
node support poles are hereby incorporated into this division and
shall apply unless the context clearly indicates or requires a different
meaning. In addition, the definitions from section 284.002 of the
Texas Local Government Code are specifically incorporated into this
division by reference. In addition, in this division:
The governing body of the City of Lake Worth, Texas.
Chapter 284 of the Texas Local Government Code.
The city’s design manual for the installation of network
nodes and node support poles.
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. “Easement” shall include a private
easement used for the provision of utilities.
The federal administrative agency, or lawful successor, authorized
to oversee cable television and other multi-channel regulation on
a national level.
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.
“Micro network nodes,” “network nodes,”
and “node support poles” as those terms are defined in
chapter 284.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(b))
Pursuant to this division and subject to the design manual and
chapter 284, a wireless network provider has the nonexclusive right
to use and occupy the public rights-of-way in the city for the purpose
of constructing, maintaining, and operating its facilities used in
the provision of wireless facilities. The terms of this division shall
apply to all wireless network providers’ facilities used, in
whole or part, in the provision of wireless services throughout the
city, including any annexed areas upon the effective date of annexation
or the date the city provides the company written notice, whichever
date occurs later.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(c))
All wireless network providers shall comply with the terms of
this division and the remainder of this article, and are hereby included
in the definition of a “utility owner” for the purposes
of this article. All wireless network providers shall also comply
with applicable codes, the terms and conditions of the city’s
design manual, and chapter 284.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(d))
(a)
Except as otherwise provided in chapter 284, a network provider shall
obtain a permit or permits from the city to install a network node,
node support pole, or transport facility in a public right-of-way.
(b)
As required by chapter 284, the city shall not require a network
provider to perform services for the city for which the permit is
sought.
(c)
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.
(d)
The network provider shall provide the following information in its
permit applications:
(1)
Applicable construction and engineering drawings and information
to confirm that the applicant will comply with this article, the city’s
design manual, chapter 284, and applicable codes;
(2)
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 division;
(3)
A certificate that the network nodes comply with applicable regulations
of the Federal Communications Commission, and certification that the
proposed network nodes 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.
(e)
Exceptions.
(1)
As provided in section 284.157 of chapter 284, 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; or
(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.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(e))
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 historic district or as a design district
if the district has decorative poles. The network provider shall be
required to comply with the requirements described in the city’s
design manual. The city has the authority to designate new historic
districts and design districts in the future.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(f))
(a)
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:
(b)
In addition to the above, a network provider installing a network
node or node support pole in a public right-of-way shall comply with
private deed restrictions and other private restrictions in the area
that apply to those facilities.
(c)
The network provider shall be further required to comply with guidelines
set out in the city’s design manual.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(g))
(a)
Determination of application completeness.
The city
shall determine whether the permit application is complete and notify
the applicant of that determination:
(b)
Approval or denial of application.
The city shall approve
or deny a completed application after the date it is submitted to
the city:
(1)
For network nodes, no later than 60 days after the date the city
receives the complete application;
(2)
For network support poles, no later than 150 days after the date
the city receives the complete application; and
(3)
For transport facilities, no later than 21 days after the city receives
the complete application.
(c)
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.
(d)
Resubmission of denied application.
The applicant may
cure the deficiencies identified in the denial application.
(1)
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.
(2)
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.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(h))
A network provider shall begin installation for which a permit
is granted not later than six months after final approval of the application
and shall diligently pursue installation to completion. The city manager
or his/her designee may in his or her sole discretion grant reasonable
extensions of time as requested by the network provider.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(i) Ordinance
adopting 2021 Code)
(a)
Generally.
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 provided for 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.
(b)
Network nodes.
(1)
Application fee.
The application fee shall be as set forth in the fee schedule in appendix A of this code.
(2)
Rental rate.
The annual public right-of-way rate shall be as set forth in the fee schedule in appendix A of this code.
(3)
Adjustment of rate.
As provided in section 284.054 of
chapter 284, the city may adjust the amount of the annual public right-of-way
rate not more than annually 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.
(c)
Node support poles.
The application fee for each network support pole shall be as set forth in the fee schedule in appendix A of this code.
(d)
Transfer facilities.
(1)
Application fee.
The application fee for each transfer facility shall be as set forth in the fee schedule in appendix A of this code.
(2)
Rental rate.
The annual transfer facility rental rate shall be as set forth in the fee schedule in appendix A of this code. 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 Texas Local Government Code or cable franchise fees under chapter 66 of the Texas Utilities Code.
(e)
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.
(f)
Collocation of network nodes on service poles.
Subject to the city’s license agreement, the collocation of network nodes on city service poles shall be at the rate set forth in the fee schedule in appendix A of this code.
(g)
Attachment to 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.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(j); Ordinance adopting 2021 Code)
As provided in section 284.302 of chapter 284, a 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 the 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 division
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 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(k))
Nothing in this division shall govern attachment of network
nodes on poles and other structures owned or operated by investor-owned
electric utilities, electric cooperatives, telephone cooperatives,
or telecommunication providers.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(l))
The city manager or his/her designee is authorized to require
and enter into a license agreement governing a network provider’s
use of the public rights-of-way for any purpose authorized by chapter
284 of the Texas Local Government Code and in conformance with this
article to the extent this article is not in conflict with chapter
284 of the Local Government Code and the design manual.
(Ordinance 1095 adopted 9/12/17; 2004 Code, sec. 13.1123(m); Ordinance adopting 2021 Code)
