(a)
Purpose.
Public and private uses of public right(s)-of-way
for location of facilities employed in the provision of public services
should, in the interests of the general welfare, be accommodated;
however, the city must ensure that the primary purpose of the right(s)-of-way,
passage of pedestrian and vehicular traffic, is maintained to the
greatest extent possible. In addition, the value of other public and
private installations, roadways, city utility systems, facilities
and properties should be protected, competing uses must be reconciled,
and the public safety preserved. The use of the public right(s)-of-way
corridors by private users is secondary to these public objectives
and to the movement of traffic. This division is intended to strike
a balance between the public need for efficient, safe transportation
routes and the use of public right(s)-of-way for location of public
and private facilities. The division thus has several objectives:
(1)
To ensure that the public safety is maintained and that public inconvenience
is minimized.
(2)
To protect the city’s infrastructure investment by establishing
repair standards for the pavement, facilities, and property in the
public right(s)-of-way, when work is accomplished.
(3)
To facilitate work within the public right(s)-of-way through the
standardization of regulations.
(4)
To maintain an efficient permit process.
(5)
To conserve and fairly apportion the limited physical capacity of
the public right(s)-of-way held in public trust by the city.
(6)
To establish a public policy for enabling the city to discharge its
public trust consistent with the rapidly evolving federal and state
regulatory policies, industry competition, and technological development.
(7)
To promote cooperation among the service providers and the city in
the occupation of the public right(s)-of-way, and work therein, in
order to eliminate duplication that is wasteful, unnecessary or unsightly,
lower the service providers’ and the city’s costs of providing
services to the public, and preserve the physical integrity of the
streets, alleys, easements and highways by minimizing pavement cuts.
(8)
To assure that the city can continue to fairly and responsibly protect
the public health, safety, and welfare.
(b)
Scope.
This division does not grant any rights to use
or occupy the city’s right(s)-of-way but is intended to impose
reasonable regulations on the use of the public right(s)-of-way by
persons authorized by license and hold harmless agreements, franchises
and/or by law to place and maintain equipment and facilities within
the public right(s)-of-way.
(c)
Construction.
In the event of a conflict between this
division and either chapter 284 of the Texas Local Government Code
or the design manual adopted by the city in accordance with that statute,
then those other documents shall prevail as to an entity, facility,
or right regulated by chapter 284.
(Ordinance 558 adopted 7/18/17)
For the purposes of this division the following terms, phrases,
words and their derivatives shall have the meaning ascribed to them
in this section.
The placement of new dirt, select fill, or other material
in an excavation, or the return of excavated dirt, select fill or
other material to an excavation.
A generic term used in this division to be inclusive of every
type of business, provider, service, and facility that is contemplated
or regulated by chapter 284 of the Texas Local Government Code, as
amended. A backhaul data provider is a service provider.
The City of Fritch, its officers, employees and departments.
The city engineer or his/her designee(s).
A complete or partial closing of one (1) or more lanes of
traffic for any period of time.
Service provider(s) who uses conduits or ducts in public
right(s)-of-way in common with other service provider(s).
Any of the following activities performed by any person within
a public right(s)-of-way:
Installation, reconstruction, laying, placement, repair, upgrade,
maintenance or relocation of facilities or other improvements except
service lines, whether temporary or permanent;
Modification or alteration to any surface, subsurface or aerial
space within the public right(s)-of-way;
Performance, restoration, or repair of pavement cuts or excavations;
or
Other similar construction work.
A person hired or retained to do construction for a service
provider.
A single enclosed raceway for cables, fiber optics, wires
or other similar facilities.
Any event which may threaten public health or safety, including,
but not limited to, damaged or leaking water or gas piping systems,
damaged, plugged, or leaking sanitary sewers or storm sewers, damaged
electrical and telecommunications facilities, unsafe overhead pole
structures or any other condition that requires immediate repair or
replacement of facilities to restore service to a customer.
Circumstances requiring immediate construction or operations
to:
To dig into or in any way remove or penetrate any part of
a right(s)-of-way.
Any and all of the wires, cables, fibers, duct spaces, manholes,
poles, nodes, conduits, pipes, connections, underground and overhead
passageways and other equipment, structures, plants, and appurtenances
and all associated physical equipment placed in, on, or under the
public right(s)-of-way of the city. Facilities specifically exclude
service lines, landscaping materials, irrigation systems, and materials
used by the United States Postal Service or any other governmental
entity.
An excavation in a sidewalk or improved surface of the public
right(s)-of-way.
An individual, corporation, company, association, partnership,
firm, limited liability company, joint venture, joint stock company
or association, and other such entity who owns, installs, maintains,
or controls facilities or service lines.
The surface of, and the space above and below a public street,
road, highway, freeway, land, path, public way or place, alley, court,
boulevard, parkway, drive, or other easement now or hereafter held
by or under the control of the city to which the city holds any property
rights in regard to the use for utilities. The term does not include
the airwaves above public right(s)-of-way with regard to wireless
telecommunications. The term is synonymous with “street,”
“road,” “public way,” “right-of-way,”
and public utility easement.
Line connecting the service provider’s utility or meter
to the customer’s point of utilization or consumption.
Any person using the public right(s)-of-way including, but
not limited to, any wholesale or retail electric utility, gas utility,
telecommunications company, cable company, water utility, stormwater
utility, or wastewater utility, backhaul data provider, wireless data
or voice tower or node installer, regardless of whether or not the
service provider is publicly or privately owned or required to operate
within the city pursuant to a franchise. The term “service provider”
includes persons performing installation or maintenance of service
lines, poles of all types, nodes of all types, and other facilities
of chapter 284, Texas Local Government Code that are not owned by
a service provider.
A public right(s)-of-way that is a public traffic arterial
or collector street, including all streets in the central business
district.
(Ordinance 558 adopted 7/18/17)
No person shall commence or continue with the construction of
facilities within the public right(s)-of-way in the city except as
provided by the ordinances of the city and the directives of the city
engineering department. All construction activity in public right(s)-of-way
will be in accordance with this division.
(Ordinance 558 adopted 7/18/17)
In order to protect the public health, safety and welfare, all
service providers must register with the city. Registration will be
issued in the name of the person who owns the facilities. Registration
must be renewed every five (5) years. For utilities with a current
franchise or license, the franchise or license will be evidence of
renewal. If a registration is not renewed and subject to sixty (60)
day notification to the owner, the city shall refuse to grant further
construction permits until the registration is renewed. When any information
provided for the registration changes, the service provider will inform
the city of the change no more than thirty (30) days after the date
the change is made. Registration shall include:
(1)
The
proper name of the service provider and any other assumed name;
(2)
The
name, address and telephone number of people who will be contact person(s)
for the service provider;
(3)
The
name(s) and telephone number(s) of a contact(s) who shall be available
twenty-four (24) hours a day;
(4)
Proof
of insurance and surety bond:
(A)
A service provider must provide acceptable proof of insurance in
accordance with the requirements set forth in the city’s registration
form. The city will accept certificates of self-insurance issued by
the state, or letters written by applicant in those instances where
the state does not issue such certificates, which provide the same
coverage as required herein so long as the service provider demonstrates
that it has adequate financial resources to be a self-insure entity.
(B)
A service provider shall provide an annual surety bond which will
be valid each year for which construction will occur and for one (1)
full year after completion of the construction. The bond must be from
a surety company authorized to do business in the state and in an
amount sufficient to cover the cost to restore the right(s)-of-way
for the work anticipated to be done in the event the service provider
leaves the jobsite in the right(s)-of-way unfinished, incomplete or
unsafe, as determined by the city engineer. This requirement may be
waived upon providing city engineer with acceptable evidence of financial
assets or reserves sufficient to cover the amount of the bond.
(C)
A service provider shall submit the required proof of insurance and
surety bond at the time it registers with the city and maintain such
throughout the term of period of the registration.
(D)
All proof of insurance and the surety bond will be filed with the
city engineer.
(Ordinance 558 adopted 7/18/17)
(a)
No
service provider or any other person shall perform any construction
in the public right(s)-of-way without first obtaining a construction
permit, except as provided herein. The permit will be issued in the
name of the person who owns or will own the facilities to be constructed.
The permit application must be completed and signed by the owner of
the facilities to be constructed.
(1)
Emergency repairs related to existing facilities may be undertaken without first obtaining a permit in accordance with section 3.06.105 below.
(2)
The phrase “construction” does not include the following:
(A)
Installation and maintenance of a service line;
(B)
The vertical installation, maintenance; repair or replacement by
a registered service provider of wooden poles not exceeding fifteen
(15) inches in diameter, sixty (60) feet in length and which are not
buried more than eight (8) feet deep into the public right-of-way
and which are located within twenty-eight (28) inches of the border
of the public right-of-way line;
(C)
Repair and maintenance of existing facilities unless such repair
or maintenance requires a pavement cut, the closure of a traffic lane
for a period greater than six (6) hours, excavation or boring;
(3)
Notwithstanding the exceptions provided in subsection (2) just above, service provider or other person working in the public right(s)-of-way shall comply with all applicable requirements of sections 3.06.097(a), (b), (e) and (f) and sections 3.06.099, 3.06.100, 3.06.101, 3.06.102, 3.06.109, and 3.06.111.
(b)
The
permit shall state to whom it is issued, location of work, location
of facilities, estimated dates and times work is to take place and
any other conditions set out by the city engineer.
(c)
The
service provider applying for a permit will provide the city engineer
with documentation in the format specified by the city engineering
department describing:
(1)
The proposed location and route of all facilities to be constructed
or installed and the design plan for public right(s)-of-way construction.
(2)
Plans which will be on a scale acceptable to the city engineering
department.
(3)
Detail of the location of all right-of-way and utility easements
which applicant plans to use.
(4)
Detail of all known facilities in approximate relationship to applicant’s
proposed route.
(5)
Detail of what applicant proposes to install, such as conduits, ducts,
pipe and duct size, number of interducts, valves, pull boxes, etc.
(6)
Detail of plans to remove and replace asphalt, brick or concrete
in streets, alleys, and easements. Plans will include city standard
construction details.
(7)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc. including depth located in public right(s)-of-way.
(8)
Handholes and/or manholes typical of the type of manholes and/or
handholes applicant plans to use or access.
(9)
Complete legend for drawings submitted by applicant, or a legend
standard may be filed with city engineer for reference.
(10)
The construction methods to be employed for the protection of existing
structures, fixtures, and facilities within or adjacent to the public
right(s)-of-way, and the dates and times work will occur, all (methods,
dates, times, etc.) are subject to approval of the city engineer.
(11)
A written schedule identifying the planned work and, anticipated
phasing if applicable.
(12)
If required by law, two (2) sets of plans prepared by a licensed
professional engineer must be submitted with permit application.
(d)
All
construction in the public right(s)-of-way shall be in accordance
with the construction permit. The city engineer shall have access
to the work and to such further information as the city engineer may
reasonably require to ensure compliance with the permit.
(e)
Prior
to commencement of any work under the permit, the service provider
shall provide the city engineer with the name, address and phone number
of the contractor(s) and subcontractor(s) who will perform the actual
construction together with the name and phone number of an individual
with the contractor(s) and subcontractor(s) who will be available
at all times during construction.
(f)
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 engineer at all times when construction work is occurring.
(g)
All
construction 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, an extension from the city engineer
may be requested. If the request for an extension is made prior to
the expiration of the permit, work under the permit may continue while
the request for an extension is pending.
(h)
A
copy of any permit or approval issued by federal or state authorities
for work in federal or state right-of-way located in the city, must
be provided if the work will extend into the public right(s)-of-way.
(i)
An
application for a permit must be submitted before the commencement
of the proposed work as follows. These required time periods may be
waived by the city engineer:
(j)
Applications
for permits will be approved or disapproved by the city engineer before
the date indicated for commencement of work.
(k)
The
city engineering department or the applicant can request a pre-construction
meeting with the construction contractor.
(Ordinance 558 adopted 7/18/17)
(a)
It shall be unlawful for any person except service provider’s registered under section 3.06.094 to excavate and/or make pavement cuts in any public right(s)-of-way for the purpose of service line installation or maintenance without first:
(1)
Making application for a service line permit from the city street
department agreeing to the repair and restoration of the public right(s)-of-way
in accordance with the prescribed city specifications and securing
from the city street department a written permit therefor;
(2)
Providing a plan for the service line excavation and restoration
of said public right(s)-of-way; and
(3)
Posting a performance surety bond or cash-equivalent security in
an amount representing the estimated cost of restoring the public
right(s)-of-way surface to prescribed city specifications and providing
evidence of insurance as required by the permit application.
(b)
The
city street department, upon investigation of the location, purpose,
extent and time of the disturbance of the surface of the public right(s)-of-way
may grant or, for an expressed reason, refuse permission for the service
line permit. The applicant must be notified by the city street department
whether the permit is granted or refused within one (1) business day
after the application has been made.
(c)
All excavations and/or pavement cuts in public right(s)-of-way shall be maintained and repaired in accordance with section 3.06.102 hereof.
(d)
The
person doing the excavation and/or pavement cuts shall be fully responsible
for safeguarding persons and property from damages or injury.
(e)
If
applicable, persons doing excavation and/or pavement cuts shall minimize
disruptions to access to adjacent property by coordinating their schedule
with other persons in the vicinity working in the public right(s)-of-way.
When coordination conflicts occur, the city street department shall
coordinate the work to reduce access problems.
(Ordinance 558 adopted 7/18/17)
(a)
Minimal interference.
Work in the public right(s)-of-way
shall be done in a manner that causes the least interference with
the rights and reasonable convenience of adjacent property users,
owners, and residents. Service provider’s facilities shall be
constructed or maintained in such a manner as not to interfere with
sewers, water pipes, or any other property of the city, or with any
other pipes, wires, conduits, pedestals, structures, or other facilities
that have been constructed in the public right(s)-of-way by, or under,
the city’s authority. The service provider’s facilities
shall be located, erected, and maintained so as not to endanger or
interfere with the lives of persons, obstruct the free use of the
public right(s)-of-way or other public property, and shall not interfere
with the travel and use of public places by the public during the
construction, repair, or removal thereof except as authorized by this
division or the city engineer. This subsection shall not be construed
to require relocation of any facility that was completed or under
construction on the effective date of this division, provided nothing
in this subsection reduces or restricts the city’s right to
require a service provider to relocate facilities as required by other
law.
(b)
Locations and notifications.
(1)
A permit does not relieve a service provider of the responsibility
to coordinate with other utilities and to protect existing facilities.
A service provider working in the public right(s)-of-way is responsible
for obtaining line locates from all affected utilities or others with
facilities in the public right(s)-of-way prior to any excavation.
(2)
The service provider will be responsible for verifying the location,
both horizontal and vertical, of all facilities. When required by
the city engineer, the service provider shall verify location by potholing,
hand digging or another method approved by the city engineer prior
to any excavation or boring.
(3)
In verifying location of facilities in the public right(s)-of-way
in preparation for construction under a permit, service provider shall
provide to city engineer a copy of any written information obtained
regarding its or any other facilities in the public right(s)-of-way
related to a particular permit. The service provider shall not be
responsible for the accuracy of any information provided.
(4)
Before beginning excavation in any public right(s)-of-way, a service
provider shall contact the Texas Underground Facility Notification
Corporation to the extent required by V.T.C.A., Utilities Code ch.
251, make inquiries of all ditch companies, utility companies, districts,
local governments, and all other service providers that might have
facilities in the area of work to determine possible conflicts.
(5)
The service provider shall support and protect all pipes, conduits,
ducts, poles, wires, structures, pavement, other apparatus and equipment
and property improvements and landscaping which may be affected by
the work from damage during construction or settlement of trenches
subsequent to construction.
(c)
Underground construction versus use of poles.
(1)
In areas where all facilities are installed underground at the time
of service provider’s construction, all service provider’s
facilities shall also be placed underground at no expense to the city,
unless otherwise approved by the city engineer. Related equipment,
such as pedestals, must be placed in accordance with the city’s
applicable code requirements and rules, including all visibility easement
requirements. In areas where existing facilities are aerial, the service
provider may install aerial facilities.
(2)
For above-ground facilities, the service provider shall utilize existing
poles wherever reasonable.
(3)
Should the city desire to place its own facilities in trenches or
bores opened by the service provider, the service provider shall cooperate
with the city in any construction by the service provider to the extent
practicable and feasible, provided that the city has first notified
the service provider in some manner that it is interested in sharing
the trenches or bores in the area in which the service provider’s
construction is occurring, and provided city agrees to pay the incremental
increase in cost of the trenching and boring. The city shall be responsible
for maintaining its respective facilities buried in the service provider’s
trenches and bores under this subsection. Service provider(s) shall
have reciprocal rights in city trenches or bores except trenches and
bores for water and sewer lines and when prohibited by applicable
ordinances or codes. The city may install or affix and maintain its
own facilities for city purposes in or upon any and all of service
provider’s ducts, conduits, or equipment in the public right(s)-of-way
and other public property, at a charge to be negotiated between the
parties (but in no event greater than the best price charged by service
provider to any other user), to the extent space therein or thereon
is reasonably available.
(d)
Common users.
(1)
The public right(s)-of-way have a finite capacity for containing
facilities, yet municipalities are increasingly not allowed to exclude
a new service provider from the market. Accordingly, there is a paramount
public interest in maximizing the use of the capacity of the use of
existing public right(s)-of-way. Whenever it is possible and reasonably
practicable to jointly trench or share bores or cuts, the service
provider shall work with other, licensees, service providers, contractors
and franchisees so as to reduce as much as possible the number of
public right(s)-of-way cuts within the city. Whenever the city determines
it is impractical to permit construction of an underground conduit
system by any other entity which may at the time have authority to
construct or maintain conduits or ducts in the public right(s)-of-way,
but excluding entities providing services in competition with service
provider and unless otherwise prohibited by federal or state law regulations,
the city may require service provider to afford to such entity the
right to use service provider’s surplus ducts or conduits in
common with service provider, pursuant to the terms and conditions
of an agreement for use of surplus ducts or conduits entered into
by service provider and the other entity. When the service provider
and entity are unable to agree on the terms and conditions for use,
the city may require them to default to the following: share a rental
rate equal to the portion of the costs based on the space to be encumbered
at a rate of capital installation costs plus ten (10) percent amortized
over a period of ten (10) years. Nothing herein shall require service
provider to enter into an agreement with such entity if, in service
provider’s reasonable determination, such an agreement could
compromise the integrity of the service provider’s facilities.
(2)
Service provider shall give a common user (with a copy to the city
engineer) a minimum of one hundred twenty (120) calendar days notice
of its need to occupy a conduit and shall propose that the common
user take the first feasible action as follows:
(A)
Pay revised conduit rent designed to recover the cost of retrofitting
the conduits or ducts with space-saving technology sufficient to meet
service provider’s space needs;
(B)
Pay revised conduit rent based on the cost of new conduits or ducts
constructed to meet service provider’s space need;
(C)
Vacate the needed ducts or conduits; or
(D)
Construct and maintain sufficient new conduits or ducts to meet service
provider’s space needs.
(3)
When two (2) or more common users occupy a section of conduit, the
last user to occupy the conduit shall be the first to vacate or construct
new conduit unless otherwise agreed to by common users. When conduit
rent is revised because of retrofitting, space-saving technology or
construction of new conduit, all common users shall bear the increased
cost.
(4)
All facilities shall meet all applicable local, state, and federal
clearance and other safety requirements, be adequately grounded and
anchored, and meet the provisions of contracts executed between service
provider and the other common user. Service provider or contractor
may, at its option, correct any attachment deficiencies and charge
the common user for its costs. Each common user shall pay for any
fines, fees, damages or other costs the common user’s attachments
incurs.
(e)
Excavation safety.
On construction projects in which
excavation exceeds a depth of four (4) feet, the service provider
must have detailed plans and specifications for excavation safety
systems. The term excavation includes trenches, structural or any
construction that has earthen excavation subject to collapse. The
excavation safety plan shall be designed in conformance with state
law and Occupational Safety and Health Administration (OSHA) standards
and regulations.
(f)
Erosion control.
The service provider shall be responsible
for providing stormwater management and erosion control that complies
with city, state and federal guidelines.
(Ordinance 558 adopted 7/18/17)
(a)
Excavations
in public right(s)-of-way disrupt and interfere with the public use
of the city streets and alleys and damage the pavement and landscaping.
The purpose of this section is to reduce this disruption, interference
and damage by promoting better coordination among service providers
making excavations in public right(s)-of-way and between these service
providers and contractors and the city. Better coordination will assist
in minimizing the number of excavations being made wherever feasible
and will ensure the excavations in public right(s)-of-way are, to
the maximum extent possible, performed before, rather than after,
the reconstruction of the streets and alleys by the city.
(b)
Utility coordination meeting.
(1)
The city may hold a utility coordination meeting a minimum of once
per year. The purpose of the meeting is for the city to inform service
providers of proposed and current capital improvement projects in
the city and also for the service providers to inform each other and
the city of current and future projects. Each service provider shall
make reasonable efforts to attend and participate in the meetings
of the city, in which the service provider will be made aware of public
right(s)-of-way issues that may impact its facilities.
(2)
Except in an emergency the city will notify the service providers
at least four (4) months before construction will start on a major
city project. Preliminary engineering plans will be available for
inspection to the service providers at least two (2) months before
the project is to start construction. Final engineering plans will
be made available to the service providers at least one (1) month
before the project is to start construction.
(c)
Excavation plan.
In addition to participating in the
utility coordination meetings, every service provider owning, maintaining
or installing facilities in public right(s)-of-way shall meet annually
with the city engineer, at the city engineer’s request, to discuss
service provider’s planned or reasonably anticipated excavations
to occur in the calendar year of the meeting and for the next two
(2) calendar years. Between the annual meetings to discuss planned
excavation work, service provider shall inform the city engineer of
any substantial changes in the planned excavation work discussed at
the annual meeting.
(Ordinance 558 adopted 7/18/17)
(a)
Each
service provider and contractor shall conduct work in such manner
as to avoid unnecessary inconvenience and annoyance to the general
public and occupants of neighboring property. In the performance of
the work, the service provider and contractor shall take appropriate
measures to reduce noise, dust, and unsightly debris. No work shall
be done on Saturday, Sunday and between the hours of 6:00 p.m. and
7:00 a.m. Monday through Friday, except with the written permission
of the city engineer, or in case of an emergency.
(b)
Each
service provider and contractor shall maintain the work site so that:
(1)
Solid waste and construction materials are contained on the construction
site.
(2)
Solid waste is removed from a construction site daily so that it
does not become a health, fire, or safety hazard.
(3)
Solid waste receptacles and storage or construction trailers shall
not be placed in any public right(s)-of-way without specific approval
of the city engineer.
(c)
Each
service provider and contractor shall protect trees, landscape, and
landscape features. All protective measures shall be provided at the
expense of the service provider or contractor.
(d)
Backhoe equipment outriggers shall be fitted with pads to avoid damage whenever outriggers are placed on any paved surface. Tracked vehicles are not permitted on paved surfaces unless effective precautions are taken to protect the surface. Service provider and contractor shall be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the service provider’s performance guarantee pursuant to section 3.06.110 hereof by the city to repair any damage, and, possibly mandating, the requirement of additional guarantee(s).
(e)
Each
service provider and contractor shall protect from injury any public
right(s)-of-way and adjoining property by taking all necessary measures.
Service provider or contractor shall, at its own expense, shore up
and protect all buildings, walls, fences, or other property likely
to be damaged during the work and shall be responsible for all damage
to public or private property resulting from failure to properly protect
and carry out work in the public right(s)-of-way.
(f)
As
the work progresses, all public right(s)-of-way and private property
shall be thoroughly cleaned of all rubbish, excess dirt, rock, and
other debris. All clean-up operations shall be done at the expense
of the service provider or contractor. Service provider or contractor
shall restore any disturbed area to its original condition.
(g)
Each
service provider and contractor shall make provisions for employee
and construction vehicle parking so that neighborhood parking adjacent
to a work site is not adversely impacted.
(h)
Each
service provider and contractor shall maintain a public walkway approved
by the city engineer around a construction site that blocks a public
sidewalk or path.
(Ordinance 558 adopted 7/18/17)
(a)
All
facilities in new developments shall be located in accordance with
the development policy manual unless an alternative location has been
approved by the city engineer. Such utility locations are hereby adopted
as standard locations for utilities in new developments. The intent
of these items is that they serve as a standard for service providers
whose routine business requires the installation, repair, or relocation
of utilities.
(b)
Facilities
to be installed in previously developed streets and alleys should
be located the same as in new developments when possible. If the location
shown cannot be used by the service provider, another service provider’s
location can be used, provided the substitution is approved by the
other service provider. If no agreement can be made, the decision
of the city engineer will be final. Other locations must be approved
by the city engineer. Facilities may be located at less depth than
shown provided they receive prior written approval from the city engineer
and a concrete cap is constructed over the installation.
(c)
Guy
wires, anchors, and other above-ground facilities shall not be less
than seven (7) feet in height over a sidewalk area and shall be located
not less than two (2) feet from the back of street curbs or edge of
street paving. If an encroachment can be located adjacent to the public
right(s)-of-way line and is in another service provider’s location,
written approval from the other service provider is required. If no
agreement can be made, the decision of the city engineer will be final.
If an encroachment is less than seven (7) feet in height over a sidewalk
area, the sidewalk must be widened at service provider’s or
contractor’s expense to provide the necessary clearance as approved
by the city engineer.
(d)
Temporary
facilities may be located in nonstandard locations as authorized by
the city engineer.
(e)
Any
encroachment of a facility within the sidewalk or path area of a public
right(s)-of-way must comply with all requirements of the Americans
with Disabilities Act at the expense of service provider.
(Ordinance 558 adopted 7/18/17)
(a)
Except
as otherwise provided herein, no person, service provider or contractor
may partially or completely close or obstruct a public street or alley
without notifying the city engineer at the time an application for
either a construction or service line permit is made unless an emergency
exists.
(b)
It
shall be the responsibility of the person, service provider or contractor
to notify the city engineer of the closure or obstruction of a street
or alley. The city engineer shall notify the police department, fire
department, transit department, solid waste department and ambulance
services, as appropriate, of the closure or obstruction.
(c)
All
traffic control barricading and methods shall comply with the most
recent version of the Manual on Uniform Traffic-Control devices or
any successive publication thereto. No person, service provider or
contractor shall block access to and from private property, block
vehicles, block access to fire hydrants, fire stations, fire escapes,
water valves, underground vaults, valve housing structures, or any
other vital equipment unless the person, service provider or contractor
provides the city engineer with written verification of written notice
delivered to the owner or occupant of the facility, equipment, or
property at least forty-eight (48) hours in advance, except in case
of an emergency.
(d)
When
necessary for public safety the service provider or contractor shall
employ flag persons whose duties shall be to control traffic around
or through the construction site.
(e)
The
person, service provider or contractor shall not prevent the flow
of traffic on thoroughfares and alleys during the hours of 7:00 a.m.
to 9:00 a.m. or 4:00 p.m. to 6:00 p.m., Monday through Friday unless
approved by the city engineer.
(Ordinance 558 adopted 7/18/17)
(a)
Permanent
repairs of pavement cuts in right(s)-of-way will be completed by the
person, service provider or contractor in accordance with city standard
specifications for utility construction in city right-of-way and easements.
Failure to do so will result in the use of the person’s or service
provider’s performance surety bond or cash equivalent security
and, possibly mandating, the requirement of additional surety bond(s)
and/or the denial of future permits.
(b)
The
person, service provider or contractor shall be responsible for maintaining
all excavations and pavement cuts in such a manner as to avoid a hazard
to vehicular and pedestrian traffic until permanently repaired.
(1)
Person, service provider or contractor will be required to maintain
the interim repairs until final repairs are completed.
(2)
When further repairs are deemed necessary by the city engineer to
correct a hazardous situation the person, service provider or contractor
responsible for the excavations and/or pavement cuts shall be notified
immediately. If the person, service provider or contractor does not
make the repair or provide an acceptable schedule within eight (8)
hours of being notified, the repairs can be performed by the city
and billed to the person, service provider or contractor.
(c)
All
damage caused directly or indirectly to the street surface or subsurface
outside the pavement cut area shall be regarded as a part of the pavement
cut. These areas, as established by the city engineer, will be included
in the total area repaired.
(d)
The
person, service provider or contractor shall notify the city engineering
department immediately of any damage to other facilities as well as
the owner of the affected facility.
(e)
The
city engineering department, in conjunction with the city street department,
shall regulate the cutting and restoration of street, sidewalk, and
alley pavements in the city. These requirements shall apply equally
to any person, service provider or contractor who makes cuts and repairs
pavement cuts in the city.
(f)
When
a service provider or contractor is installing more than five hundred
(500) continuous linear feet of underground facilities, the service
provider or contractor shall notify in writing all individual occupants
along the route. This notification shall give information about the
project, including, but not limited to, the proposed location of the
facilities, the time length for construction, and a twenty-four-hour
contact person to report any problems. The service provider or contractor
shall ensure a prompt response to any occupant inquiries and concerns.
(Ordinance 558 adopted 7/18/17)
(a)
No
service provider or contractor shall allow an open trench excavation
or potholing of facilities in the pavement of any public right(s)-of-way
for a period of three (3) years from the completion of new street
construction or overlay of streets except in compliance with the provisions
of this section.
(b)
Any
application for a construction permit to excavate in public right(s)-of-way
subject to the requirements of this section shall contain the following
information:
(1)
A detailed and dimensional engineering plan that identifies and accurately
represents the public right(s)-of-way and property that will be impacted
by the proposed excavation, as well as adjacent streets, and the method
of construction.
(2)
The street or alley width including curb and gutter over the total
length of each city block that will be impacted by the proposed construction.
(3)
The location, width, length, and depth of the proposed excavation.
(4)
The total area of existing street or alley pavement, and/or improved
surfaces in each individual city block that will be impacted by the
proposed excavation.
(c)
No
construction permit for excavation in the public right(s)-of-way of
newly constructed or overlayed streets or alleys shall be approved
unless the city engineer finds that all of the following have been
met:
(1)
Boring or jacking without disturbing the pavement is not practical
due to physical characteristics of the street or alley or other facilities.
(2)
Alternative facilities alignments that do not involve excavating
the street or alley are found to be impracticable.
(3)
The proposed construction cannot reasonably be delayed until after
the three-year deferment period has lapsed.
(d)
The
streets or alleys shall be restored and repaired in accordance with
design and construction standards provided by the city engineer or
as established and adopted by the city.
(Ordinance 558 adopted 7/18/17)
Any service provider that intends to abandon its use of any
facilities within the public right(s)-of-way shall notify the city
engineer in writing of the intent to abandon facilities. Such notice
shall describe the facilities to be abandoned, a date of abandonment
(which date shall not be less than thirty (30) days from the date
such notice is submitted to the city engineer), and the method of
removal of the facilities and for restoration of the public right(s)-of-way.
(Ordinance 558 adopted 7/18/17)
Any service provider maintaining facilities in the public right(s)-of-way
may proceed with emergency repairs upon existing facilities without
a permit when circumstances demand that the work be done, but they
must apply to the city for a permit on or before the third working
day after such work has commenced. All work will require immediate
telephone notification to the city police, engineering, and fire departments.
Emergency maintenance operations shall be limited to circumstances
involving the preservation of life, property, or the restoration of
customer service. Any service provider or contractor commencing operations
under this section shall submit detailed engineering plans and construction
methods no later than ten (10) business days after initiating the
emergency maintenance operation. In case of emergency service line
excavations, such as leakage or loss of service, the city street department
shall be notified by the person doing the excavation within twenty-four
(24) hours after the service line excavation has been commenced.
(Ordinance 558 adopted 7/18/17)
(a)
If installations do not follow the plans originally submitted under section 3.06.095 above, the service provider will provide the city engineer with updated construction drawings within ninety (90) days of completion of facilities in the public right(s)-of-way. Users who have facilities in the right-of-way on the date of passage of this division who have not provided record plans shall provide one (1) quarter of the information concerning facilities in right-of-way within one (1) year after the passage of the ordinance and an additional one (1) quarter each six (6) months thereafter. The plans shall be provided to the city with as much detail and accuracy as available to the service provider. The detail and accuracy must concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. The detail will not include matters such as capacity of lines, customers, or competitively sensitive details. If information submitted includes information designated as trade secrets or as confidential, the information may not be disclosed by the city without the consent of the public service provider unless it is compelled to disclose the information by the Texas Attorney General pursuant to the Texas Public Information Act or by a court order.
(b)
This
requirement, or portions of this requirement, may be waived by the
city engineer for good cause.
(Ordinance 558 adopted 7/18/17)
Whenever by reasons of widening or improvements to public right(s)-of-way,
water or sewer line projects, or other public works projects, (e.g.
install or improve storm drains), it shall be deemed necessary by
the city to remove, alter, change, adapt, or conform the underground
or overhead facilities of a public right(s)-of-way user to another
part of the public right(s)-of-way, such alterations shall be made
by the owner of the facilities at its expense (unless provided otherwise
by state law) within the time limits set by the city engineer working
in conjunction with the owner of the facilities, or if no time can
be agreed upon, within ninety (90) calendar days from the day the
notice was sent to make the alterations, unless a different schedule
has been approved by the city engineering department. Facilities not
moved after ninety (90) calendar days or within the approved schedule,
as same be extended from time to time, shall be moved by city at owner’s
expense.
(Ordinance 558 adopted 7/18/17)
(a)
Any
person doing work in the public right(s)-of-way shall properly install,
repair, upgrade and maintain facilities.
(b)
Facilities
shall be considered to be improperly installed, repaired, upgraded
or maintained if:
(1)
The installation, repairs, upgrade or maintenance endangers people
or property;
(2)
At the time of installation the facilities did not meet applicable
city, state or federal codes;
(3)
The facilities are not capable of being located using standard practices;
(4)
The facilities are not located in the proper place at the time of
construction in accordance with the permit and engineering plans approved
by the city engineer.
(c)
Facilities
determined by the city engineer to have been improperly installed,
repaired, upgraded or maintained shall be properly installed, repaired,
upgraded or maintained immediately upon receipt of notice from the
city engineer.
(Ordinance 558 adopted 7/18/17)
(a)
Users
of the public right(s)-of-way shall restore property affected by construction
of facilities to a condition that is equal to or better than the condition
of the property prior to the performance of work.
(b)
Restoration
must be to the reasonable satisfaction of the city engineer. The restoration
shall include, but not be limited to:
(1)
Replacing all ground cover and other landscaping with the type of
ground cover and other landscaping damaged during work, or better,
either by planting, sodding, or seeding, as directed by the city engineer;
(2)
Installation of all manholes and handholes, as required;
(3)
All bore pits, potholes, trenches or any other holes shall be filled
in, covered, or barricaded daily, unless other safety requirements
are approved by the city engineer;
(4)
Compaction and leveling of all trenches and excavations;
(5)
Restoration of site to city specifications;
(6)
Restoration of all sprinkler systems, retaining walls, planters,
and other improvements.
(c)
All
locate flags shall be removed during the cleanup process by the service
provider or contractor at the completion of the work.
(d)
Restoration
must be made in a timely manner as specified by approved city engineering
department schedules and to the satisfaction of the city engineer.
If restoration is not satisfactory or performed in a timely manner
all work in progress, except that related to the problem, including
all work previously permitted but not completed may be halted and
a hold may be placed on any permits not approved until all restoration
is complete.
(Ordinance 558 adopted 7/18/17)
(a)
Service provider’s performance surety bond provided in accordance with section 3.06.094(4)(B) shall serve as security for the performance of work necessary to repair the public right(s)-of-way if the service provider or contractor fails to make the necessary repairs or to complete the work under the permit.
(b)
The
service provider’s performance surety bond guarantees complete
performance of the work in a manner acceptable to the city and guarantees
all work done for a period of one (1) year after the date of written
acceptance. Service provider shall respond upon demand and make all
necessary repairs during the one-year-period as a result of:
(1)
Defects in workmanship.
(2)
Settling of fills or excavations.
(3)
Any unauthorized deviations from the approved permits and engineering
plans.
(4)
Failure to clean up during and after performance of the work.
(5)
Restoration of improvements including, but not limited to landscaping,
irrigation, ground cover, and other improvements.
(c)
The
one-year-period shall run from the date of the city’s acceptance
of the work which shall be the date of the letter of acceptance issued
by the city to the service provider and/or contractor. If repairs
are required during the one-year guarantee period, those repairs need
only be guaranteed until the end of the initial one-year-period. It
is not necessary that the guarantee period be extended for repairs
after acceptance except as provided.
(d)
At
any time prior to completion of the one-year guarantee period, the
city may notify the service provider or contractor of any needed repairs.
Such repairs shall be completed within twenty-four (24) hours if the
defects are determined by the city to be an imminent danger to the
public health, safety, and welfare. All other repairs shall be completed
within ten (10) business days after notice.
(Ordinance 558 adopted 7/18/17)
(a)
Each
service provider and contractor placing facilities in the public right(s)-of-way
shall 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 property, equipment, materials, structures,
and facilities that are damaged, destroyed, or found to be defective
as a result of the service provider’s or contractor’s
acts or omission, from and against any and all claims, demands, suits,
causes of action, and judgments for (1) damage to or loss of the property
of any service provider or person 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 of omissions of the service provider
or contractor, its agents, employees, and/or subcontractors, in the
performance of activities pursuant to this division.
(b)
This
indemnity provision shall not apply to any liability resulting from
the negligence or willful misconduct of the city, its officers, employees,
agents, contractor, or subcontractors.
(c)
The
provision of this indemnity is solely for the benefit of the city
and is not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
(d)
A
service provider that is regulated as defined in V.T.C.A., Local Government
Code, ch. 283 or ch. 284 shall provide the indemnity provided in those
statutes, as amended.
(Ordinance 558 adopted 7/18/17)
(a)
Denial of a permit.
A permit (construction and service
line) may be denied for any one (1) of the following reasons:
(1)
Not having proper insurance for the required amounts.
(2)
Consistently failing to perform in accordance with the requirements
of this division.
(3)
Requesting to cut a city-maintained street that can be crossed by
jacking, boring or tunneling.
(4)
Proposing barricading, channelizing, signing, warning or other traffic-control
procedures or equipment that does not comply with the requirements
of the Manual on Uniform Traffic-Control Devices.
(5)
The activity or the manner in which it is to be performed will violate
a city ordinance or a state or federal law.
(6)
Failure to furnish all of the information required under this division
or, except for good cause shown, to file the registration or construction
or service line permit applications within the time prescribed.
(7)
Misrepresenting or falsifying any information in the registration
or construction or service line permit applications.
(8)
Failing to provide a surety bond or other acceptable security or
comply with the performance guarantee.
(9)
Owing outstanding debts to the city.
(10)
Lack of available space in the public right(s)-of-way.
(11)
Proposed activity will substantially interfere with vehicular or
pedestrian traffic and no procedures have been implemented to minimize
the interference.
(b)
Suspension of a permit.
The city engineer may suspend any or all permits granted to allow work in the public right(s)-of-way for the following reasons subject to the procedural guidelines noted in section 3.06.113 and any agreement that applies to the service provider using the public right(s)-of-way, as well as any limitations imposed by federal or state law:
(1)
Failing to comply with an order of the city engineer;
(2)
The recognition that a permit was issued in error;
(3)
Failing to comply with restrictions or requirements placed on the
permit by the city engineer; or
(4)
Any safety violation which creates peril to the public; or
(5)
Violating any provision of this division.
(c)
Reinstatement of a permit.
The city engineer may reinstate
a previously suspended permit when the conditions that caused such
permit to be suspended are remedied to the satisfaction of the city
engineer.
(d)
Revocation of a permit.
If no work has begun on a permitted
project within thirty (30) calendar days of issuance of the permit,
the permit shall be null and void, and a new permit shall be required.
(e)
Extension of a permit.
The city engineer may grant an
extension of a permit for a period not to exceed sixty (60) days if
requested by the permit holder. Such a request must be made before
the permit expires. If no call for the cancellation of a permit or
for an inspection is received within sixty (60) days of a permit being
issued, a city engineering department project representative will
be sent to the location to determine the status of the permitted work.
(Ordinance 558 adopted 7/18/17)
(a)
A
person may, within ten (10) business days from the date of notification
of the decision of the city engineer, appeal a decision to deny, suspend
or revoke a permit to a panel consisting of the director of public
works, the director of community services, the director of utilities
and the city traffic engineer. The appeal must be in writing and shall
specifically state the basis for the challenge to the decision of
the city engineer. Should the decision of the city engineer be appealed,
the city engineer shall transmit to the panel all the papers constituting
the record by which the original permit was denied, suspended or revoked.
(b)
The
panel will meet with the person within ten (10) business days of reviewing
the written appeal. The panel will consider all information provided
in making its decision. All decisions of the panel will be made within
five (5) business days of the meeting.
(c)
Any
person who is dissatisfied with the findings of the panel may within
ten (10) business days from the date of notification of the ruling
file a written appeal with the city secretary that the decision of
the panel be heard and considered by the city council. The city secretary
shall schedule a time for a hearing before the city council and shall
notify the person and any one indicating an interest in the hearing.
(d)
A
hearing by the city council shall be held within thirty (30) business
days of receipt of the written appeal. Decisions of the city council
shall be final.
(Ordinance 558 adopted 7/18/17)
(a)
The
city engineer is authorized to administer and enforce the provisions
of this division and to promulgate regulations to aid in its administration
and enforcement that are not in conflict with other provisions of
this code, or state or federal law.
(b)
The
city engineer is authorized to enter upon a construction site for
which a permit is granted or, where necessary, private property adjacent
to the construction site, for purposes of inspection to determine
compliance with the provisions of the permit and this division.
(Ordinance 558 adopted 7/18/17)
(a)
A
person commits an offense if the person:
(1)
Performs, authorizes, directs, or supervises work in the public right(s)-of-way
without a valid permit;
(2)
Violates any other provision of this division;
(3)
Fails to comply with restrictions or requirements of the permit;
or
(4)
Fails to comply with an order or regulation of the city engineer.
(b)
A
person commits an offense if, in connection with the performance of
work in the public right(s)-of-way, the person:
(1)
Damages the public right(s)-of-way beyond what is incidental or necessary
to the performance of the work;
(2)
Damages public or private facilities or improvements within or adjacent
to the public right(s)-of-way; or
(3)
Fails to clear debris associated with the work from a public right(s)-of-way
during work or after work is completed.
(c)
It is a defense to prosecution under subsection (b)(2) if the person complied with all of the requirements hereof and state and federal law and caused the damage because:
(d)
A
person commits an offense if, while performing an activity along or
within a public right(s)-of-way (whether or not a construction or
other permit is required for the activity), the person:
(e)
A
culpable mental state is not required to prove an offense hereunder.
A person who violates a provision of this division is guilty of a
separate offense for each day or portion of a day during which the
violation is committed, continued, authorized, directed or permitted.
An offense under this division is punishable by a fine of not less
than five hundred dollars ($500.00) and not to exceed two thousand
dollars ($2,000.00).
(f)
The
provision hereof may be enforced by civil court action in accordance
with state or federal law. This section is in addition to any other
remedies, civil or criminal, the city has for a violation of provisions
of this division.
(g)
Prior
to initiation of civil enforcement litigation, the service provider
or any other person who has committed a violation under this section
shall be given the opportunity to correct the violation within the
time frame specified by the city engineer. This subsection shall not
be construed to prohibit the city engineer or the city from taking
enforcement action as to past or present violations, notwithstanding
their correction.
(Ordinance 558 adopted 7/18/17)
