The city manager, or his/her designee, shall appoint a right-of-way manager, who is the principal city official responsible for the administration of the right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. The right-of-way manager may delegate any or all of the duties hereunder. The right-of-way manager shall have the duties, responsibilities and authority as specified for the right-of-way manager stated herein.
(Ordinance 639-18 adopted 6/26/18)
The following definitions apply in this article. The terms, phrases, words, abbreviations and their derivations shall have the same meanings herein. When not inconsistent with the context words used in the present tense include the future; words in plural number include the singular number, and words in the singular include the plural. The word “shall” is mandatory and not merely permissive.
Abandoned facilities.
Facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities, or from any other facilities that are in use or that still carry service.
Administration fee.
The fee charged by the city to recover its costs incurred for right-of-way management; including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting jobsites and restoration improvements; determining the adequacy of the right-of-way restoration; revoking right-of-way permits and other costs the city may incur in implementing the provisions of this article.
Applicant.
An owner or authorized agent of an owner, who submits an application for a permit under the provisions of this article.
Area of influence.
That area around a utility excavation where the pavement and sub-grade is impacted by the excavation and is subject to more rapid deterioration due to the trench excavation.
Backfill.
The following:
(1) 
The placement of new dirt, fill, or other material to refill an excavation; or
(2) 
The return of excavated dirt, fill or other material to an excavation.
Certificated telecommunications provider or "CTP".
A person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public Utility Commission or “PUC” to offer local exchange telephone service or a person who provides voice service as defined by V.T.C.A., Local Government Code ch. 283 or “the act.”
City.
The City of Aubrey, Texas and the city’s officers and employees.
City project.
The construction, location, maintenance, relocation, alteration, improvement, repair, removal or other work performed by the city, or its designee, in the public right-of-way or on any city utilities or city facilities.
City utilities.
Any water, sewer or drainage line or services owned and operated by the city.
Compaction.
Refers to consolidating backfill material in a trench to prevent future settlement.
Comprehensive plan.
The city’s comprehensive plan, as it exists or may be amended.
Construction.
Boring, the breaking of pavement, or the installation, modification, upgrade, maintenance, removal, or similar activities, within the right-of-way. The definition includes, but is not limited to, providing primary service, restoration, or maintenance of existing facilities within the right-of-way.
Contractor.
Any public or private person, subcontractor or organization, other than the city.
Day.
Business day unless otherwise specified.
Department.
The city department of public works or a successor department that is responsible for management of the right-of-way and roadway infrastructure.
Emergency operations.
Are defined as those operations and repairs necessary to prevent damage or injury to the health or safety of the public or any person and the work necessary to address or prevent an immediate service interruption. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations.
Excavation.
Any activity that removes or otherwise disturbs soil, pavement, driveways, curbs, or sidewalks in the right-of-way and does not include landscaping activity unless the activity removes or disturbs the paved portion of the right-of-way.
Facilities.
The equipment, and property, including but not limited to, lines, poles, mains, pipes, conduits, ducts, cables, valves, manholes, handholes and wires located under, on, or above the surface of the ground within the right-of-way, and related facilities and equipment used or useful for the provision of utility services.
FCC.
The Federal Communications Commission.
Governing body.
The mayor and the city council of the City of Aubrey, Texas.
Governmental entity.
Any county, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation, quasi-municipal corporation or political subdivision of the state or of any other state of the United States and any agency or instrumentality of the state or of any other state of the United States.
Holiday.
Shall refer to days in which city offices are closed in observance of a holiday.
Main line.
Shall refer to lines other than service connections used to convey the right-of-way user’s product.
Major project.
Any project, which includes 300 or more linear feet of excavation or any excavation under pavement.
Network node.
Equipment at a fixed location that enables wireless communications between user equipment and a communication network.
Network provider.
A wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs, on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node.
Pavement.
Shall refer to streets containing Portland cement, asphalt, brick or other rigid or semi-rigid material that covers the surface of a street and their underlying subgrade and base.
Permit.
A permit issued under this article authorizing excavation in the right-of-way.
Permittee.
Any person or right-of-way user to whom a permit is issued to excavate a right-of-way.
Perpendicular excavations.
Any trench with a centerline that when projected toward the centerline of the street, the two lines intersect at an angle of 90 degrees.
Person.
Any person, company, partnership, contractor, subcontractor, agency or other public or private entity, excepting the city.
Public inconvenience penalty.
Shall refer to a penalty assessed to the right-of-way user who denies the public the use of public property for a time period greater than allowed by this article.
PUCT.
The Public Utility Commission of Texas.
Registration.
The annual application process of the right-of-way user to use any portion of the right-of-way.
Registration certificate.
Shall refer to the document provided by the city, annually, upon approval of the application for registration.
Repair.
The temporary or permanent construction work necessary to make the right-of-way useable.
Repair area.
That area around excavation where the pavement and subgrade is impacted by an excavation.
Restoration.
The process by which an excavated right-of-way and surrounding area, including, but not limited to, pavement and foundation structures, ground cover, landscaping, and monuments are returned to the same condition, or better than that which existed before the commencement of the work.
Resurfacing.
Any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs.
Right-of-way or public right-of-way.
The surface of, and the space above and below, any street, road, highway, freeway, tollway, lane, path, drainageway, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, fire lane or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the city, but shall specifically exclude private property.
Right-of-way manager.
The right-of-way manager of the city, or his designee.
Right-of-way user.
A person, its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or installing, constructing, maintaining, or repairing facilities thereon, including, but not limited to, landowners and service providers.
Routine service operation.
A work activity that makes no material change to the facilities and does not disrupt traffic.
Service.
A commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the right-of-way, including, but not limited to, gas, telephone, cable television, Internet services, open video systems, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewage.
Service connection.
Shall refer to the line that serves no more than two individual customers or two meter banks.
Street.
The paved portion of the right-of-way, whether fee or easement, that has been constructed, reconstructed, or resurfaced with concrete or asphalt or some other surface.
Surface mounted markers.
Refers to any sign, post or other marker, which rises above the surface of the ground to show the location of an underground utility.
Thoroughfare.
All roadways and streets classified on the city’s comprehensive plan, as it exists or may be amended, including but not limited to a highway, tollway, major thoroughfare, minor thoroughfare, major collector, minor collector or local collector.
TMUTCD.
The Texas Manual on Uniform Traffic-Control Devices, as it exists or may be amended.
Traffic-control representative.
Shall refer to the designated representative of the right-of-way user who is responsible for work zone safety and compliance with TMUTCD. The right-of-way user shall ensure such person has adequate training, knowledge and authority to perform the responsibilities listed above.
Transport facility.
Each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
Trench.
Shall refer to excavation deeper than 12 inches. This shall include linear trenches, holes, pits and etc.
Underground Facility Damage Protection Safety Act.
Shall refer to the V.T.C.A., Utilities Code sec. 251.001 et seq. as it exists or may be amended.
Utility.
Any privately or publicly owned entity which uses right-of-way to furnish the public any general public service, including, without limitation, sanitary sewer, gas, electricity, water, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Poles are regulated herein only as specifically set forth in this article.
White lining.
Marking the excavation site with white washable marking paint or flags prior to requesting a utility location in order to further identify the site.
Wireless service.
Any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.
Wireless service provider.
A person that provides wireless services to the public.
(Ordinance 639-18 adopted 6/26/18)
Each utility and right-of-way user shall name a utility coordinator who shall be the representative and point of contact for all communications from the city and who shall meet with the right-of-way manager when so requested.
(Ordinance 639-18 adopted 6/26/18)
(a) 
The right-of-way user shall notify the department at each of the following times during a project:
(1) 
Forty-eight hours before the start of construction;
(2) 
Upon completion of the initial backfill; and
(3) 
Upon completion of the project.
The right-of-way user shall make a request for a utility locate in compliance with the Underground Facility Damage Prevention and Safety Act.
(b) 
The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. The use of “nonwashable” markers is prohibited.
(c) 
Compliance with the Texas Utilities Code, as amended, is required at all times.
(d) 
All barricades, plates, cones, traffic directional equipment and all other traffic-control devices owned, leased or used by the right-of-way user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or right-of-way user or subcontractor, as applicable, at all times such equipment is used on or near the right-of-way. An exception to the marking requirement may be made in the sole discretion of the right-of-way manager in the event the traffic-control equipment is not owned by the permittee or right-of-way user.
(Ordinance 639-18 adopted 6/26/18)
(a) 
Within 30 days of passage of this article, each right-of-way user shall provide the city an accurate map of their service area. The map shall be in electronic format overlaid over the Denton County and North Central Texas Council of Governments digital map, as applicable. In dual coverage areas, the city may request additional information to enable identification of right-of-way users.
(b) 
Each right-of-way user must maintain accurate maps and records of its facilities. If available, the city’s road network may be provided in digital format upon request. The right-of-way user is encouraged to maintain their system maps geo-referenced to the city’s geodetic network, which is on the Denton County digital map or the North Central Texas Council of Governments digital map, as applicable. The map should include true bearings and distances to the nearest established street lines and official monuments, which shall be accurately described on the map. The right-of-way user will provide the city with digital information within 90 days of a request for maps from the city for any user with less than 50 miles of utilities within the city. All other right-of-way users shall provide the digital information within one year of the request. Thereafter, the data is to be provided to the city on an annual basis by January 1st.
(c) 
If the maps and records submitted in response to any request by or requirement of the city include information expressly designated by the right-of-way user as a trade secret or other confidential information protected from disclosure by state law, the city and its agents, employees, or other representatives may not disclose that information to the public without the consent of the right-of-way user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a right-of-way user to designate all matters in its maps and records as confidential or as trade secrets.
(Ordinance 639-18 adopted 6/26/18)
Notice for purposes of this article shall be made to the city via electronic message (e-mail), overnight courier (generally used carrier with tracing available) or hand delivery with signed receipt, facsimile to the department, or United States mail return receipt required.
(Ordinance 639-18 adopted 6/26/18)
(a) 
Nothing in this section relieves a right-of-way user and/or utility from obtaining a permit under this article to perform work in the right-of-way.
(b) 
In order to protect the public health, safety, and welfare, a utility maintaining or operating existing facilities in the right-of-way must register with the right-of-way manager in accordance with the following requirements:
(1) 
The registration must be on a form furnished by the right-of-way manager and made in the name of the right-of-way user that owns the facilities.
(2) 
Registration expires December 31st of the following year after the first registration occurs. If the utility fails to renew registration by that date, the city will send by certified mail a notice of noncompliance to the address listed on the registration. If the utility fails to renew registration within 30 calendar days after the date of sending the notification, the facilities of the utility will be deemed to have been legally abandoned.
(3) 
If information provided as part of the registration changes, the utility must inform the right-of-way manager, in writing, not more than 30 days after the date the change occurs.
(4) 
The utility shall also include the following registration:
(A) 
The name of the utility using the right-of-way, including any business name, assumed name, or trade name the utility operates under or has operated under in the city within the past five years.
(B) 
If the utility is a CTP, the certificate number issued by the Texas Public Utility Commission.
(C) 
The ordinance number of any franchise or license issued by the city that authorizes the utility to use the right-of-way.
(D) 
The names, addresses and telephone numbers of at least two persons who will be general, day-to-day contacts for the utility. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area.
(E) 
The name and mailing address of the officer or agent designated as the person authorized to receive service of process on behalf of the utility.
(F) 
The name, address and telephone number of any contractor or subcontractor, who will be working in the right-of-way on behalf of the utility. This list may be amended as needed by the utility; however, no work shall be performed in the right-of-way by a contractor or subcontractor that is not on the list, regardless of whether a permit is required.
(G) 
The names and telephone numbers of at least two persons serving as emergency contacts who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay long distance telephone or toll charge.
(H) 
Proof of existing insurance that complies with part 4.
(c) 
Upon completion of registration, the city will provide the right-of-way user a registration certificate valid until the end of the calendar year during which the registration was completed. The right-of-way user may make as many photocopies of the registration certificate as necessary. The right-of-way user is responsible for ensuring that all contractors, listed in accordance with subsection (b)(4)(F) above have a copy of the registration certificate on site when work is being conducted under the provisions of the registration certificate.
(Ordinance 639-18 adopted 6/26/18)
The right-of-way user is responsible for work zone safety including, but not limited to, traffic control through the designated traffic-control representative. The representative is responsible for compliance with the TMUTCD and the traffic-control plan (if required) at all work zone sites. The traffic-control representative shall ensure employees on the jobsite have adequate training.
(Ordinance 639-18 adopted 6/26/18)
All right-of-way users shall, upon request, provide proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any governmental entity, including, but not limited to, the city, state, or federal government, or railroad or pipeline company, including a description of the right-of-way user’s intended use of the right-of-way, information sufficient to determine whether the right-of-way user is subject to franchising or licensing by the city, and information to determine whether the right-of-way user has applied for and received any certificate of authority required by the PUCT. The information provided shall be sufficient enough to determine whether the right-of-way user has applied for and received any permit or other approvals required by the FCC. Right-of-way user shall provide all such other information as may be reasonably required by the city to complete the registration statement.
(Ordinance 639-18 adopted 6/26/18)
(a) 
In the exercise of governmental functions, the city has first priority over all uses of the right-of-way. The city reserves the right to, among other things, lay water, sewer, drainage, and other pipelines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in street facilities in across, along, over, or under a public street, alley or right-of-way occupied by an agency or right-of-way user, and to change the curb, sidewalks, or the grade of streets.
(b) 
The right-of-way user must relocate its facilities, at its own expense and in accordance with section 3.10.145, prior to the start of construction of a city project. Failure to comply with this provision shall subject the right-of-way user to the enforcement provisions contained herein.
(c) 
A permit will be required when making facility adjustments in preparation for city projects.
(Ordinance 639-18 adopted 6/26/18)
It is unlawful for any person, its agents, servants or employees to dig, plow, blast, make cuts, openings, bore, tunnel, excavate or close lanes on a thoroughfare without first having made application and obtained a permit therefor in compliance with the Public Right-of-Way Permitting and Construction Manual, promulgated and amended by the right-of-way manager, except for as allowed by this section. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the right-of-way manager a permit in compliance with this article.
(1) 
Before issuing a permit, the right-of-way manager shall have been provided a written application, on a form furnished by the right-of-way manager, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications. Plans shall be drawn at a reasonable scale that legibly and accurately show all existing improvements and proposed work. All proposed work must be shown in heavy or bold type lines and fonts. If proposed work is in phases or part of another overall drawing, show all existing and future work in lighter or faded out lines and fonts. If right-of-way user cannot show distinctive line weights, the plans shall clearly label the above information using text. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the state.
(2) 
At the time the permit is issued, the applicant shall pay a nonrefundable permit application fee in an amount as provided for in the master fee schedule of the city.
(3) 
The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the right-of-way manager, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article.
(4) 
No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and/or private utilities with facilities installed in any right-of-way to relocate the facilities, at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way.
(5) 
Combinations of permits shall be permitted at the sole discretion of the right-of-way manager. Fees shall be assessed based on the excavations permitted.
(6) 
Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this article.
(Ordinance 639-18 adopted 6/26/18)
(a) 
The right-of-way manager reserves the right in his discretion to require a right-of-way permit on service connections. Unless otherwise required by the right-of-way manager, service connections do not require a permit if all of the following conditions are met:
(1) 
The service connection excavation shall not exceed four feet inside the right-of-way to property line;
(2) 
All excavation shall be in accordance with service connection drawings;
(3) 
The address for the service connection is on the city provided form, which is submitted to the right-of-way manager via e-mail. Work shall not begin until the electronic form is transmitted to the right-of-way manager;
(4) 
The excavation required is less than 12 inches in depth;
(5) 
The excavation is no wider than two inches or is hand dug; and
(6) 
The service connection does not require boring.
(b) 
Irrigation system installation requires a permit per existing city codes.
(Ordinance 639-18 adopted 6/26/18)
(a) 
Application for a permit shall be addressed to the right-of-way manager and made on a form furnished for that purpose, stating the extent, dimensions, character and purpose of the cut or excavation to be made, the location, by street and number if possible, where the work is to be done, and the time in which it is to be completed. The application form shall be accompanied by maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction, and proposed start and completion dates. When the work includes excavating, which will exceed five feet in depth, a trench safety design sealed by a licensed professional engineer shall also accompany the application, unless otherwise provided by law.
(b) 
A permit shall only be valid for the area of the right-of-way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area is greater than that which is specified in the permit must apply for and receive a new right-of-way permit.
(c) 
Fees shall apply to all right-of-way users unless governed by an existing agreement with the city. Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The city will recognize only one point of contact.
(d) 
Permits will be issued or denied within ten (10) days of the city receiving a complete application. Permits shall be valid for the dates specified in the permit. The applicant may request but is not guaranteed the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The city may approve or deny the application for such extended permit period. No permittee may commence work before the permit start date and, except as provided herein, no permittee may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the city prior to the permit end date. Applicants are encouraged to request a pre-submission meeting for large projects.
(e) 
An expedited permit may be requested, and shall be issued or denied within five (5) days of application upon a showing of good cause, as solely determined by the right-of-way manager.
(Ordinance 639-18 adopted 6/26/18)
Every person making application for a permit in accordance with the provisions of this article, and having complied with such provisions, shall be entitled thereto, and, upon filing such application with the right-of-way manager, it shall be his duty to issue the permit, when the provisions of this article have been complied with.
(1) 
Upon receiving a written application for a permit and a plan prepared in accordance with the city specifications, the right-of-way manager’s designee shall set forth all requirements, approve or disapprove the application, sign and return it to applicant. Excepting only emergency excavations, at least forty-eight (48) hours prior to the start of work, the applicant shall notify the right-of-way manager the date the work will commence when traffic-control devices are necessary on a thoroughfare.
(2) 
No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed.
(3) 
Each permit shall state a time period for completion of all the work to be done hereunder. The right-of-way manager may in his sole discretion, grant extensions of time.
(4) 
No person in violation of any requirement of this article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued a permit on the person’s behalf, until the outstanding violation is/are corrected or a plan for correction is approved by the right-of-way manager. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity.
(5) 
No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire, the right-of-way user shall procure a new permit, paying the applicable fee, prior to proceeding with any such work.
(Ordinance 639-18 adopted 6/26/18)
The right-of-way user and contractor (if used) shall be identified by three feet by three feet information signs on all work requiring a permit. The signs shall state the name and phone number of the right-of-way user and contractor (if used). The signs shall be placed in the right-of-way on each approach to the location where construction is occurring from the time of 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.
(Ordinance 639-18 adopted 6/26/18)
(a) 
Any right-of-way user engaged in making or backfilling any excavation in any right-of-way shall, at all times while such work is in progress, keep at the job location the permit, or a copy thereof, and shall provide of the same, when requested by any authorized city employee. At all times while the work is in progress, the right-of-way user shall also maintain, at the job location, a sign, barricade or other device bearing the right-of-way user’s name.
(b) 
The right-of-way user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, irrigation, sidewalks, streets, signs, street lights, or other property at, near or encountered in its work. The right-of-way user shall determine the boundary of the right-of-way.
(c) 
All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of right-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the city pursuant to the policy and regulatory powers of the city necessary to provide for public convenience. The right-of-way user shall not trespass upon private property. The right-of-way user shall determine the boundary between right-of-way and private property and place stakes/markers indicating the boundary to remain in place for the duration of the work.
(d) 
The city reserves the right to among others, lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes, and channels and streets, and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the city, in, across, along, over or under any right-of-way or public place occupied by a right-of-way user and to change any curb or sidewalk or the grade of any street and to maintain all of the city’s facilities. In allowing such work to be performed by others, the city shall not be liable to a right-of-way user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a right-of-way user by such third party.
(e) 
All transmission and distribution structures, lines, equipment and facilities erected by a right-of-way user within the city shall be so located as to cause minimum interference with the proper use of the right-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of said streets. No pole may be placed in an area prohibited by another section of this article or which interferes with the public’s unimpeded use of the right-of-way.
(f) 
If the city requires a right-of-way user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the city, to use, or to use with greater convenience, any right-of-way or public place, the right-of-way user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a right-of-way user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a right-of-way user’s facilities; provided, however, that the city shall never be liable for such reimbursement.
(Ordinance 639-18 adopted 6/26/18)
It is unlawful for any person, its agents, servants or employees to perform construction in the right-of-way without first having made either application and obtained a permit therefor or have in possession a valid registration certificate. A registration certificate may only be used for construction activities not requiring a permit in accordance with this article. These activities include tree trimming, general maintenance, line work and providing a service connection from the property line to a customer provided the activity complies with section 3.10.50(a) [section 3.10.097] herein.
(Ordinance 639-18 adopted 6/26/18)
(a) 
Excavation and boring shall be conducted between 7:00 a.m. and thirty (30) minutes before sundown on Monday through Friday, except on holidays. No excavation or boring shall be performed on holidays.
(b) 
All other work requiring an inspection shall be done between 7:00 a.m. and thirty (30) minutes before sundown on Monday through Friday, except on holidays. No work shall be performed on holidays. A right-of-way user may work on Saturday subject to the approval of the right-of-way manager and a notification no later than noon on Thursday before the Saturday in which the work is to be performed. The Saturday inspection fee must be paid prior to noon on Thursday prior to the Saturday in which the work is to be performed.
(Ordinance 639-18 adopted 6/26/18)
A permit may be denied or suspended for any of the following reasons:
(1) 
Failure to provide proof of a surety bond or liability insurance acceptable to the city or notice of termination of the same.
(2) 
Failure to secure a contractor’s license or other required license.
(3) 
Failure to perform in accordance with the requirements of this article.
(4) 
The excavation would be in a street and not otherwise permitted by this article.
(5) 
The proposed warning or other traffic-control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the right-of-way manager.
(6) 
The proposed activity would violate any city ordinance or state or federal law, rule, regulation or statute.
(7) 
The permit application contains false or misleading information.
(8) 
The activity would cause a public health or safety hazard.
(9) 
The right-of-way user is not authorized within the city.
(10) 
The right-of-way user is in violation of this article relative to work in progress.
(11) 
The right-of-way user has not compensated the city, unless the user is not legally obligated to compensate the city by contract, by agreement or by law, for using the public property; or the right-of-way user has failed to timely make required payments.
(Ordinance 639-18 adopted 6/26/18)
A right-of-way user that: (i) has been denied registration; (ii) has been denied a permit; (iii) has had a permit revoked; or (iv) believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows:
(1) 
If an applicant desires to appeal a decision, the applicant may file a written notice of appeal with the right-of-way manager within five business days of the date the decision was rendered. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision within five business days. Failure to render a decision within five business days shall constitute a denial.
(2) 
If a further denial is given, the appellant may thereafter file a written notice of appeal to the city manager within five business days of receipt of the right-of-way manager’s written decision. The city manager shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial.
(Ordinance 639-18 adopted 6/26/18)