(a) 
The purpose of this article is to standardize construction and inspection procedures to be used during construction activities in existing city rights-of-way and easements and to establish minimum construction standards regarding public streets.
(b) 
It is the purpose of these minimum requirements and specifications to maintain the high quality of streets and pavement within the public rights-of-way for the safety and convenience of the public and to coordinate street improvement efforts with contractor/utility activity to minimize street deterioration and to provide for street maintenance efficiency.
(Ordinance 352 adopted 2/14/18)
(a) 
Any person who undertakes any work which will cut, break or otherwise damage a public street (right-of-way) must obtain a street cut permit from the city administrator prior to beginning the work. Similarly, any person who undertakes to cut any street or paving in the city must restore the paving or reimburse the city for all work performed by the city in restoring the pavement to its original condition.
(b) 
Except as noted, these requirements do not apply to street cuts made while clearing for street paving projects. Also, this article allows cuts prior to obtaining a permit in valid emergencies. However, when an emergency cut is made, a permit must be requested not later than the morning of the following work day.
(c) 
The following requirements, including the requirements and specifications contained in attachments 1 through 9, inclusive, attached to Ordinance 256 and incorporated by reference, shall be used to govern the cutting, construction and restoration of streets and pavements in the city. These requirements shall apply equally to any person, contractor or utility who makes cuts and repairs to streets and pavements in the city.
(d) 
Any person seeking to place facilities on, in or over the public rights-of-way shall first file an application for a building permit with the city and shall abide by the terms and provisions of this article pertaining to use of the public rights-of-way. Prior to applying for a permit for a facility that requires electrical service or placement on another entity’s property, the person must present proof of ability to receive electrical service and proof that placement on another entity’s property will be allowed.
(e) 
The city engineer shall promulgate rules and regulations regarding any aspect of the operation of this article, including without limitation construction standards, methods by which excavations will be performed, debarment procedures and inspection procedures. The rules and regulations shall be consistent with applicable federal and state laws, city ordinances, and sound engineering practices. The city engineer shall file such standards with the city administrator for approval and, thereafter file such standards with the city secretary at least ten days before they become effective. The city engineer may amend the standards from time to time, upon approval of the city administrator, and such amendment shall be filed with the city secretary before it becomes effective.
(f) 
A person is subject to reasonable police power regulation of the city to manage its public rights-of-way in connection with the construction, expansion, reconstruction, maintenance, repair of facilities or other work in the public rights-of-way, pursuant to the city’s rights as a custodian of public property, based upon the city’s historic rights under state and federal laws. Such regulations include, but are not limited to, the following:
(1) 
At the city’s request, a person shall furnish the city accurate and complete information relating to the construction, reconstruction, removal, maintenance, tree removal or trimming, and repair of facilities performed by the person in the public rights-of-way.
(2) 
A person shall be required to place certain facilities within the public rights-of-way underground absent a compelling demonstration by the person that, in any specific instance, this requirement is not reasonable, feasible, or equally applicable to other similar users of the public rights-of-way.
(3) 
A person lawfully authorized to place facilities in the public rights-of-way must obtain a permit, as reasonably required by applicable city codes, prior to any excavation, construction, installation, expansion, repair, removal, relocation, or maintenance of the person’s facilities. A construction permit is not required for routine maintenance so long as the work does not require excavation of the public rights-of-way or does not block traffic lanes or sidewalks; however, any construction standards in the detailed standards shall remain applicable regardless of whether or not a permit is required. A permit is not required when so provided by state law, but in such cases the provisions regarding required notice apply. An approved lane, sidewalk or trail closure plan is required if a traffic lane, sidewalk or trail will be closed due to right-of-way work, regardless of whether or not a permit is required. Once a permit is issued, person shall give to the city a minimum of 48 hours’ notice (which could be at the time of the issuance of the permit) prior to undertaking any of the above listed activities on its facilities in, on, or under the public rights-of-way. The failure of the person to request and obtain a permit from the city prior to performing any of the above listed activities in, on, or over any public right-of-way, except in an emergency as provided for in subsection (11) below, will subject the person to a stop-work order from the city and enforcement action pursuant to this Code. If the person fails to act upon any permit within thirty (30) calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit, unless extended for good cause by the city.
(4) 
A person shall furnish the city with the application for the construction permits, construction plans and maps showing the location and proposed routing of new construction or reconstruction at least ten business days unless otherwise extended by the city before beginning construction or reconstruction that involves an alteration to the surface or subsurface of the public rights-of-way by the city. A person may not begin construction until the location of new facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the city, which approval will not be unreasonably withheld or delayed, taking due consideration of the surrounding area and alternative locations for the facilities and routing.
(5) 
If the mayor declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of facilities, a person shall remove or abate the person’s facilities by the deadline provided in the mayor’s request. The person and the city shall cooperate to the extent possible to assure continuity of service. If the person, after notice, fails or refuses to act, the city may remove or abate the facility, at the sole cost and expense of the person, without paying compensation to the person and without the city incurring liability for damages.
(6) 
The city may require reasonable bonding requirements of a person, as are required of other entities that place facilities in the public rights-of-way. The city administrator may waive or reduce the bonding requirements in a nondiscriminatory, competitively neutral manner, taking into consideration both that the person has furnished the city with reasonable documentation to evidence adequate financial resources substantially greater than the bonding requirements, and has demonstrated in prior right-of-way construction activity, prompt resolution of any claims and substantial compliance with all required applicable building codes and ordinances.
(7) 
In determining whether any requirement under this section is unreasonable or unfeasible, the city administrator shall consider, among other things, whether the requirement would subject the person or persons to an unreasonable increase in risk of service interruption, or to an unreasonable increase in liability for accidents, or to an unreasonable delay in construction or in availability of its services, or to any other unreasonable technical or economic burden or result in discriminatory treatment by a person.
(8) 
For installation of any proposed pole applicant shall provide engineered drawings, geotechnical drawings, geotechnical study or studies, and evidence of ADA and PROWAG compliance, sectional detail showing depth of anchor, scaled dimensional drawings of the proposed pole, as well as any other proposed equipment associated with the proposed installation, and shall indicate spacing from existing curb, driveways, sidewalk, light poles, and any other poles or appurtenances.
(9) 
If requested by city, all applications shall include a current before and a proposed after street view image. The after-image needs to include any proposed poles and all proposed attachments, and any associated or ancillary equipment, whether attached or standalone. Once work is done or the installation is complete, photographs accurately depicting the location of the installation or the work shall be submitted to the city. This requirement may be waived for underground installation.
(10) 
If the project is within the State’s right-of-way or railroad right-of-way, the applicant must provide evidence of a permit or permission from the state or railroad with its permit application.
(11) 
If a city pole or poles or light structure or structures will be used or will be in the area of the proposed construction, the pole or poles or light structure or structures will be identified. No electric meter shall be mounted on a city pole or light structure unless the city grants written permission. If another entity’s pole or structure will be used, permission for use of said structure must be submitted with the permit application.
(12) 
All plans shall reflect that no facilities to be installed will obstruct an existing or planned sidewalk, trail, walkway, bicycle lane or lane of vehicular traffic.
(13) 
If requested by city, engineering plans shall be provided with a maximum scale of one (1) inch equals forty (40) feet.
(14) 
If requested by city, all plans shall include detail of the location of all rights-of-way and utility easements which applicant plans to use.
(15) 
If requested by city, all plans shall include detail of all existing city utilities in relationship to applicant’s proposed route.
(16) 
All plans shall include detail of what applicant proposes to install, such as network nodes, poles, pipes, size, number of inner-ducts, valves, or other facilities.
(17) 
All plans shall include drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, network nodes, micro-network nodes, or other facilities, including depth located in public rights-of-way.
(18) 
All plans shall include details of handhole and/or manhole applicant plans to use or access.
(19) 
All plans shall include complete legend of drawings submitted by applicant.
(20) 
If paper copies are required, five (5) sets of engineering plans shall be submitted with permit application along with electronic (PDF) versions of all plans.
(21) 
The application shall include the name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work.
(22) 
The application shall include 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 dates and times work will occur, all of which (methods, dates, times, and other applicable information) are subject to approval of the city administrator.
(23) 
The application shall include a statement that the registration, forecasting, and insurance requirements of this chapter are met.
(24) 
The application shall show that no projecting attachments are less than eight (8) feet above the ground, if not projecting toward the street. If an attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground.
(25) 
Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause harmful interference with city public safety radio system, traffic signal light system, city traffic observation video cameras, or other city communications systems or components. The right-of-way user shall provide evidence that the proposed installation will be compatible with said city systems and will not cause any harmful interference with the city public safety radio system, traffic signal light system or other city communications systems or components. No installation shall be allowed to be installed or to remain in the right-of-way that causes any such interference.
(26) 
The plans shall demonstrate that all federal and state laws and city ordinances will be obeyed, and that all sections of this chapter, including the “design manual” will be complied with as applicable.
(27) 
Information signs which shall be a minimum size of eighteen inches (18") by twenty-four inches (24") stating the identity of the person doing the work, telephone number and permittee’s identity and telephone number shall be placed at the location where construction is to occur 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 will be posted on public right-of-way five hundred (500) feet before the construction location commences and each five hundred (500) feet thereafter, unless other posting arrangements are approved or required by the city administrator. Additionally, if the work to be permitted will require restricting access to private residences, or will affect adjacent and nearby residences (single family or multifamily) because of noise, odors, dust or other activity which may affect the peaceful enjoyment of residential properties, then user shall, not later than seventy-two (72) hours prior to the commencement of construction activity, notify all affected residents by letter or door hanger. Such notice shall be in a format approved by the city administrator.
(28) 
All facilities shall be labeled the name of the person or business installing the facility, the name of the owner of the facility, and the telephone number where someone can be reached 24 hours a day seven days a week.
(29) 
Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and barricades and existing utility locate markers must be in place before work begins.
(30) 
Permittee shall be responsible for storm water management erosion control that complies with city, state and federal guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. Upon request permittee may be required to furnish documentation submitted or received from federal or state government.
(31) 
Permittee or contractor or subcontractor will notify the city administrator immediately of any damage to other utilities, either city, publicly, or privately owned.
(32) 
Permittees are responsible for the workmanship and any damages by contractors or subcontractors. A responsible representative of the permittee will be available to city staff at all times during construction.
(33) 
Installation of facilities must not interfere with city utilities, in particular gravity dependent facilities.
(34) 
New facilities must be installed to a depth approved by the city administrator and city engineer.
(35) 
All directional boring shall have locator place bore marks and depths while bore is in progress. The boring method and bore pit locations shall be identified prior to the commencement of boring operations. Locator shall place mark at each stem with paint dot and depth at least every other stem.
(36) 
Permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the city administrator, permittee shall verify locations by pot holing, hand digging or other method approved by the city administrator prior to any excavation or boring.
(37) 
Placement of all manholes and/or hand holes must be approved in advance by city administrator. Handholes or manholes will not be located in sidewalks, unless approved by the city administrator.
(38) 
Locate flags shall not be removed from a location while facilities are being constructed.
(39) 
Construction which requires pumping of water or mud shall be contained in accordance with city code and federal and state law and the directives of the city administrator.
(40) 
All facilities installed in the right-of-way shall be in natural colors that blend with the surroundings, or if on a service pole or municipally owned pole shall match the color and finish of the pole, and must be approved by the city.
(41) 
All facilities installed in the right-of-way shall be capable of being identified through a GIS shape file or other means as acceptable to the city administrator. Said identification shall be provided at the time of application and shall be visible on the facilities when installed and must follow all applicable city ordinances.
(42) 
Above ground wires shall be located on only one side of the right-of-way unless approved by the city administrator.
(43) 
The right-of-way user or contractor must obtain any needed permits for electrical work and provide engineered drawings for conduit size, circuit size, calculations for Amperage, or any other required information. Provider shall be responsible for obtaining any required electrical power service to any installation. Any such electrical supply must be separately metered and must match city infrastructure voltage.
(44) 
Right-of-way users shall complete construction as expeditiously as possible and lane closures or work that inconveniences the traveling public shall be minimized. Lane closures shall not be outside the hours of 9:00 a.m. to 3:30 p.m. on weekdays or last longer than four (4) hours, unless a different period of time is shown on the permit and approved by the city.
(45) 
Right-of-way work shall be completed in the amount of time shown on the permit; but if no completion time is shown on the permit the work shall be complete in not more than thirty (30) calendar days.
(46) 
All right-of-way work and facilities installed shall be done in a good workman like manner; shall meet all applicable codes; shall be maintained and kept in good repair and shall be aesthetically pleasing.
(47) 
All efforts shall be made to avoid or minimize negative visual impact to the surrounding area and to enhance the safety requirement for vehicles and pedestrians, particularly in areas where children or other vulnerable members of the population may be located.
(48) 
Installations which require ancillary ground equipment with a footprint of twenty-five (25) square feet or more shall be spaced at least three hundred (300) feet apart.
(49) 
All location/route markers setting out location of utilities shall be flush with the ground. Above ground location/route markers shall not be allowed.
(50) 
The plans shall demonstrate that all federal and state laws and city ordinances will be obeyed, and that all sections of this chapter, including the “design manual” will be complied with as applicable. Construction in right-of-way adjacent to a school shall be required to follow all state law requirements, including the requirements in the Texas Education Code regarding work on school grounds, including but not limited to chapters 21 and 22, as applicable.
(51) 
All requirements for installation continue, as applicable, for as long as facilities remain in the right-of-way.
(g) 
All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The city administrator and city engineer shall be provided access to the work and to such further information as he or she may reasonably require to ensure compliance with the permit.
(h) 
A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city administrator or city code enforcement at all times when construction or installation work is occurring.
(i) 
All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the city administrator. The city administrator will use best efforts to approve or disapprove a request for permit time extension as soon as possible.
(j) 
A copy of any permit or approval issued by federal or state authorities for work in federal or state or railroad right-of-way located in the city shall be required, if requested by the city administrator.
(k) 
A request for a permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the city administrator.
(l) 
Requests for permits will be approved or disapproved by the city administrator within a reasonable time upon receiving all the necessary information. The city administrator will use best efforts to approve or disapprove a request for permit as soon as possible.
(m) 
The city administrator or the applicant can request a pre-construction meeting with the permittee and their construction contractor.
(n) 
Permit applications are required for construction on new, replacement or upgrading of the company’s facilities in the right-of-way either aerial or underground.
(o) 
The failure of a person to request and obtain a permit from the city prior to performing any of the above listed activities in, or over any right-of-way, except in an emergency, will subject the person to a stop-work order from the city and enforcement action pursuant to the city’s Code of Ordinances.
(p) 
If the person receiving the permit fails to act upon the permit within thirty (30) days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.
(q) 
If the applicant or User proposes any installation, maintenance, repair, replacement or any other work in the right-of-way that would result in a change as to the ADA or PROWAG requirements, the applicant or User proposing such change is responsible for all costs, labor and other actions needed to maintain ADA and PROWAG compliance. If any right-of-way work will affect ADA or PROWAG requirements, a permit shall be required, even if not otherwise required. Applicant must certify that the right-of-way will be ADA compliant when the installation, maintenance, repair, replacement or other work is complete. If any action by applicant will affect ADA or PROWAG requirements, Applicant or User must show how such work will be ADA or PROWAG compliant.
(r) 
If state or federal law provides that a permit is not required for certain work to be done, then a person proposing to do such work shall be required to provide notice two (2) working days prior to performing such work.
(s) 
Review of applications.
The city shall review permit applications for placement of facilities in public right-of-way including network nodes, node support poles, and transport facilities in light of their conformity with applicable law and city code and shall issue such permits on nondiscriminatory terms and conditions subject to the following requirements:
(1) 
Prior to submitting an application for a permit, the applicant must:
(A) 
Show proof of electrical service or approved plan for electrical service;
(B) 
Provide proof of approval to use right-of-way if right-of-way is owned by another jurisdiction; and
(C) 
Provide proof of approval for use or placement on any facility or pole owned by another entity.
(2) 
Within 30 days of receiving an application for a network node or node support pole, or 10 days for a transport facility, the city shall determine and notify the applicant whether the application is complete; or if incomplete, the city must specifically identify the missing information in such notification. There shall be a fee allowed by state law for review of the application but no fee charged for completion and resubmittal of an application shall be charged. If the city administrator determines that due to the absence or inaccuracy of essential information provide, a network provider has failed to submit an application in good faith, the submission is not an application and the administrator may reject the submission without an obligation to comment on completeness.
(3) 
The city shall make its final decision to approve or deny a complete application no later than:
(A) 
21 days after receipt of a complete application for a transport facility;
(B) 
60 days after receipt of a complete application for a network node; and
(C) 
150 days after receipt of a completed application for a new node support pole.
(4) 
The city shall advise the applicant in writing of its final decision, and, if denied, the basis for that denial, including specific provisions of city code or applicable law on which the denial was based, and send the documentation to the applicant on or before the day the city denies the application. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days of the denial without paying an additional application fee. The city shall approve or deny the revised application within 90 days of receipt of the amended application. The subsequent review by the city shall be limited to the deficiencies cited in the original denial.
(5) 
An applicant seeking to collocate network nodes may, at the applicant’s discretion, file a consolidated application and receive permits for up to 30 network nodes. Provided however, the city’s denial of any node within a single application shall not affect other nodes submitted in the same application. The city shall grant permits for any and all nodes in a single application that it does not deny, subject to the requirements of this section. Collocation applications will be reviewed within the time required by law.
(t) 
Review of eligible facilities requests.
Notwithstanding any other provision of this chapter, the city shall approve and may not deny applications for eligible facilities requests within sixty (60) days according to the procedures established under 47 CFR 1.40001(c).
(Ordinance 352 adopted 2/14/18)
(a) 
The utility and/or contractor shall meet all requirements for barricading and traffic-control as specified in the Texas Manual on Uniform Traffic-Control Devices (TMUTCD), including the latest revision.
(b) 
All barricades used by the contractor or utility shall be clearly marked to indicate the name and telephone number of the utility or contractor responsible for the work, or a two-foot by two-foot sign with this information will be permanently displayed.
(c) 
The permit applications shall include a traffic-control plan designed to the latest edition of the TMUTCD, which shall specify the traffic-control measures to be provided, and shall be required any time work will require traffic lane closures, bicycle lane closures, trail closures, or sidewalk closures, regardless of whether a permit is required. Said traffic-control plan must be approved by the city administrator. If the traffic-control plan is not approved, no lane closure is allowed.
(d) 
The application may require a SWPPP, and a trench safety plan based on the proposed scope of work regardless of whether or not a permit is required.
(Ordinance 352 adopted 2/14/18)
(a) 
A person shall perform excavations and other construction in the public rights-of-way in accordance with all applicable city requirements, including the engineering division detailed standards for public right-of-way construction (detailed standards), as may be revised from time to time in accordance with the city’s police powers, and the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the public right-of-way. The city may waive the requirement of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the city by the person. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property and all facilities placed underground shall be locatable with above ground instruments. A person shall follow all reasonable construction directions given by the city in order to minimize any such interference. Except as noted below, the utility or contractor shall be responsible for maintaining all street cuts and facility placement construction areas in such a manner as to avoid a hazard to traffic and a nuisance to residents until permanently repaired.
(1) 
When emergency repairs are deemed necessary by the city engineer, to correct a hazardous situation which is obviously dangerous to the public, the utility/contractor responsible for the cut shall be notified immediately. If the utility/contractor does not respond to this emergency within one hour of being notified, the repairs may be performed at the behest of the city and the utility/contractor will be billed for actual cost of all work necessary to complete the project including clean up.
(2) 
When the city causes to be made the permanent repair, the utility/contractor will not be required to maintain the cut repair for more than two weeks from the time of acceptance by the city engineer.
(3) 
If the utility is to make its own permanent repair, then the cut must be maintained by the utility until such time as it is permanently repaired.
(4) 
All permanent repairs, whether performed at the behest of the city or private utility, must be made within two weeks of the time the backfill was accepted by the city engineer. Failure to comply with this requirement will result in a charge of $50.00 per cut, with the repairs being completed at the behest of the city by a third-party contractor and all costs paid by the utility/contractor.
(b) 
All damage caused directly or indirectly to the street surface or subsurface outside the pavement cut or facility placement area shall be regarded as a part of the street cut and shall be repaired by the utility/contractor causing such damage. All test holes, equipment scars, etc., shall be repaired before city acceptance is given by the city engineer.
(c) 
If the backfill settles at any time during the first year after acceptance, causing deformation in the pavement of more than one-half inch measured vertically, the repair may be performed by a third-party contractor at the behest of the city and the cost to repair the pavement shall be billed to the utility/contractor.
(d) 
When a person completes construction, expansion, reconstruction, removal, excavation or other work, the person shall promptly restore the public rights-of-way in accordance with applicable city requirements. A person shall replace and properly relay and repair the surface, base, irrigation system, and landscape treatment of any public rights-of-way that may be excavated or damaged by reason of the erection, construction, maintenance, or repair of the person’s facilities within ten (10) calendar days after completion of the work in accordance with existing standards of the city in effect at the time of the work, unless extended by the city for good cause.
(e) 
Upon failure of a person to perform any such repair or replacement work, and five days after written notice has been given by the city to the person, and in the event repairs have not been initiated during such five-day (5) period, the city may repair such portion of the public rights-of-way as may have been disturbed by the person, its contractors, or agents. Upon receipt of an invoice from the city, the person will reimburse the city in accordance with the detailed standards within thirty (30) calendar days from the date of the city invoice.
(f) 
Should the city reasonably determine, within two (2) years from the date of the completion of the repair work, that the surface, base, irrigation system, or landscape treatment requires additional restoration work to meet standards at the time of the excavation of the city, a person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein.
(g) 
Notwithstanding the foregoing in subsection (f) above, if the city determines that the failure of a person to properly repair or restore the public rights-of-way constitutes a safety hazard to the public, the city may undertake emergency repairs and restoration efforts, after emergency notice has been provided, to the extent reasonable under the circumstances and the person failed to respond within the reasonable time specified by the city. A person shall promptly reimburse the city for all costs incurred by the city within thirty (30) calendar days from the date of the city invoice.
(Ordinance 352 adopted 2/14/18)
(a) 
Before any work is performed in public rights-of-way (except emergency), the person performing the work must possess a valid permit at the job site for which the permit is issued. The permit shall be current (within 30 days of work date shown on permit). If any work is performed on public rights-of-way (except emergency) without a valid permit, the utility/contractor will be charged $200.00 in addition to the cost for repairs. In the case of customer service interruptions and imminent harm to property or person (conditions), a person may excavate the pavement of a street or public rights-of-way without first complying with city requirements. The city administrator shall be notified as promptly as possible regarding work performed under such emergency conditions, and the person shall comply with the requirements of city standards for the restoration of the public rights-of-way. All emergency cuts shall be called into the city engineer within the next working day to obtain a valid permit.
(b) 
All excavation shall be performed accordance with standards developed by the city engineer and approved by the city administrator. Such standards shall be on file with the city secretary.
(c) 
All plans for concrete cuts shall include detail of plans to remove and replace asphalt or concrete in streets.
(Ordinance 352 adopted 2/14/18)
At least twenty-four (24) hours prior to beginning permanent backfill operations, the person responsible for the work must notify the city engineer at (512) 327-3628 of the approximate time the backfill of the ditch will begin. The permit number, location of the street cut, and name of agency making the repair to the pavement surface shall be furnished to the city engineer at that time. If no permit number is available, a permit must be obtained before an inspector will be furnished. No backfill will be considered acceptable unless this call has been received and the city engineer has an opportunity to check the backfill operation. All backfill operations must follow the standards created by the city engineer and approved by the city administrator. Backfill standards are on file with the city secretary.
(Ordinance 352 adopted 2/14/18)
(a) 
All pavement repairs must follow the standards created by the city engineer and approved by the city administrator. Backfill standards are on file with the city secretary.
(b) 
Cuts in new streets. In accordance with city council goals, cuts in new streets shall not occur. A new street is any street or pavement located in the public right-of-way which has been constructed, reconstructed or was overlaid with asphalt or concrete within five years from the date that application for a street cut permit is made. However, if no option such as boring or laying parallel lines outside the street are possible, cuts in new streets may be approved on the following basis:
(1) 
The utility/contractor requesting the cut must do so in writing to the city administrator;
(2) 
Cost and reasonableness of other options shall be indicated in the letter and attached plan; and
(3) 
Cuts and other areas are to be backfilled as directed by the city engineer based on the specific properties exhibited at the site.
(c) 
General requirements.
Cuts made while clearing for street paving projects shall be backfilled, compacted, and paved as directed by the city engineer and based on the standards developed by the city engineer and approved by the city administrator. No permit is required for this type of street cut or temporary paving. The utility/contractor performing this work, will be responsible for the maintenance until such time as a work order is issued for this project.
(d) 
Curb and gutter or sidewalk.
Where the curb and gutter has been removed, the replacement will be in accordance with based on the standards developed by the city engineer and approved by the city administrator.
(e) 
Materials for pavement repairs.
The materials used will be as required based on the standards developed by the city engineer and approved by the city administrator. The use of alternate materials or methods must be approved, in writing, by the city engineer prior to the accomplishment.
(f) 
Flexible base.
Flexible base will be from one of the City of Austin’s approved stockpiles. Density weights, percentage of moisture required, and other details will be furnished by the city engineer on receipt of the base source and stockpile number. When using small amounts of base material, care will be used to prevent excess separation of coarse and fine materials.
(g) 
Concrete.
Concrete used for all construction shall be the type based on the standards developed by the city engineer and approved by the city administrator and cured according to those standards. Traffic will not be allowed on new concrete for a minimum of 72 hours.
(h) 
Asphalt concrete.
Asphalt concrete wearing or finish surface will be shall be the type based on the standards developed by the city engineer and approved by the city administrator and cured according to those standards.
(Ordinance 352 adopted 2/14/18)
(a) 
The utility/contractor shall notify the city engineer at (512) 327-3628 at least one hour before beginning permanent backfill operations. At this time, the utility/contractor shall advise the city engineer when the pavement repair will be made by themselves.
(b) 
When the utility/contractor is to make the permanent pavement repair, its representatives will notify the city engineer at least one hour before paving operations begin. The city engineer will document when the work is complete and acceptable.
(c) 
Any changes to these requirements must be approved in writing by the city engineer or his designated representative.
(Ordinance 352 adopted 2/14/18)
(a) 
When due, contents.
Each utility or network provider which owns or operates or plans within the next 15 years to own or operate water or sewer pipes or lines, gas transmission lines or pipes, telephone lines or conduits or electrical lines which are placed in, including network nodes, node poles, and transport facilities, on or under the public right-of-way and/or the public streets within the city, hereinafter referred to as “facilities,” shall develop forecasts as specified in this section. On or before July 1st of each even-numbered year, each utility shall submit any amendments of its forecast to the city. The report may consist of appropriate portions of a single regional forecast and may be jointly prepared and submitted by two or more utilities and shall contain the following information:
(1) 
Description of the tentative regional location and general size of all facilities to be owned or operated by the utility during the ensuing 15 years or any longer period the city deems necessary;
(2) 
Identification of all existing facilities projected to be removed from service during any 15-year period or upon completion of construction of any such facilities;
(3) 
Statement of the projected demand for services in the city for the ensuing 15 years and the underlying assumptions for this forecast, such information to be as geographically specific as possible where this demand will occur;
(4) 
Description of the capacity of the system to meet projected demands during the ensuing 15 years; and
(5) 
Description of the utility’s relationship to other utilities.
(b) 
On or before July 1st of each odd-numbered year, a utility shall verify or submit revision to subsections (1) and (2) of this subsection.
(c) 
Road cut reports.
Each utility shall report to the city administrator any plans which will require a cut to be made into city streets within ten days after such plan is approved to be implemented by the utility.
(d) 
Duties of city administrator.
The city administrator shall keep a record of all utility forecasts and reports and they shall be open to public inspection. The city administrator, prior to submitting proposals for the construction, reconstruction of streets or an asphalt overlay program, shall make inquiry to all utilities which have facilities within the public right-of-way as to any plans to modify the facilities within the city’s right-of-way which would necessitate road cuts of city streets. The city administrator shall report such findings in a written report to the city council at the time that such proposal is presented.
(e) 
Registration required.
(1) 
In order for the city to know which persons own facilities in the public rights-of-way within the city, each such person who owns facilities shall register with the city and provide the following information at a minimum:
(A) 
Person’s name;
(B) 
The current name, address, and telephone number(s) of a contact employed by and with decision-making authority for the person and who is available twenty-four (24) hours per day;
(C) 
Furnish the city with a city planning department street map marked in such a manner as to evidence which streets the person has placed facilities. The information may be required to be furnished digitally;
(D) 
Insurance information as required by section 34.05.002 “insurance”; and
(E) 
Any required bonds.
(2) 
Registration shall be updated annually.
(3) 
Registration shall be a prerequisite to issuance of a construction permit. Each person shall update and keep current his/her registration with the city at all times.
(4) 
Any person who does not maintain registration requirements with the city may not receive notices or updates, including any notices regarding abandonment of right-of-way.
(5) 
Failure to maintain registration requirements. In addition to all other legal penalties, including criminal penalties, failure to register or to maintain and update registration information may result in removal of facilities.
(6) 
Registration requirements may be met by fulfilling franchise requirements addressing the topics of this section.
(7) 
On an annual basis, no later than January 31st of each year, the user shall provide updates to the department or personnel designated by the city administrator showing any new facilities from the previous year in the format required by the city.
(Ordinance 352 adopted 2/14/18)
(a) 
Fees will be charged for inspections and occupancies under this article as provided for in appendix A to this code.
(b) 
Municipal right-of-way use shall be compensated as required by the state constitution, state law, municipal authorization, franchise, license or other agreement.
(c) 
The city may structure due dates on payments in such a manner so as to be administratively efficient.
(d) 
Application fees, as allowed by state law, for work or installations in the right-of-way shall be the fees set by the city council. Such fees may be set by ordinance, resolution, in the budget or by any other lawful means as provided in appendix A to this code.
(e) 
Failure to pay application fees, or failure of any payment to properly process shall result in the denial or withdrawal of a permit.
(Ordinance 352 adopted 2/14/18)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this article is committed, continued, or permitted. Upon the conviction of any such violation, such person shall be punishable as provided in section 1.01.013.
(Ordinance 352 adopted 2/14/18)