(A) All
right-of-way (ROW) users that operate within the City of Midland ROW
shall make application for a ROW license or ROW use permit from the
Department of Development Services prior to commencement of construction,
excavation, or utility placement activity within the ROW. Each application
shall set 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.
(B) Franchisees
of the city and certificated telecommunications providers (CTP) who
have 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 (as said terms are
defined by Chapter 283 of the Texas Local Government Code), shall
not be exempt from the application process.
(C) No work
of any sort shall proceed within or upon City ROW until a ROW License
or ROW use permit has been approved by the city.
(D) The
ROW user working in any right-of-way is responsible for the safe movement
of traffic, both pedestrian and vehicular, through the construction
area. The ROW user shall meet all requirements for barricading and
traffic control as specified in the Texas Manual of Uniform Traffic
Control Devices.
(E) The
ROW user shall obtain insurance covering all of ROW user's operations
and provide the City with a certificate(s) of insurance, and shall
maintain such insurance in effect during the term of its ROW use license
or permit. Said insurance coverage shall be in the minimum amount
of ONE MILLION DOLLARS ($1,000,000.00) against liability for injury
to or the death of any one or more persons in any one event and property
damage insurance in the amount of ONE MILLION DOLLARS ($1,000,000.00)
for property damage as a result of any one event. Such insurance shall
be written with insurance companies authorized to do business in the
State of Texas and acceptable to the City. All insurance policies
shall include the City of Midland as an additional insured and shall
cover all of ROW user's contractors and subcontractors, and copies
of the policies of insurance that have been issued or certificates
evidencing proof of said policies shall be deposited with the City
Department of Development Services. The ROW user's insurance shall
waive all rights of subrogation in favor of the City of Midland. The
City's Director of Development Services shall be responsible for ensuring
that the insurance required under this section remains in place during
the entire term of the ROW use license or permit.
(F) No excavation
shall take place in the public streets without the written approval
of the City Manager or his designated representative.
(G) Definitions.
1. A "street"
means the paved portion of the ROW that has been constructed, reconstructed,
or resurfaced with an asphalt overlay, hot in place recycling, full-depth
reclamation, reconstruction or other structural street maintenance
treatment.
2. "New
Street" means all concrete paved streets, streets constructed or structurally
resurfaced during the preceding eight (8) years and a pavement condition
index greater than eighty-five (85).
3. The
"pavement condition index" (PCI) is a measure of the condition of
the ROW on a scale of 1 to 100. The PCI is available through the Department
of Development Services.
(H) Any
request to excavate a new street shall include a description of the
proposed work and proposed restoration of the area, as well as a statement
as to why alternate procedures cannot or should not be used in lieu
of excavating a new street.
(I) In the
event that such request to excavate a new street is approved, such
excavations will be deemed one hundred (100) percent loss of pavement
life and will require one of the following methods, as specified by
the City Engineer, for all cuts:
1. Block
to block and curb to curb pavement reconstruction;
2. Use
of a hot mix asphalt repaving process; or
3. Such
other method of repair as approved by the City Engineer.
(J) In the
event of an excavation in a street or ROW having a PCI of 85 or less,
the ROW user excavator shall promptly repair the trench envelope and
surface in accordance with the specifications set forth in the City
of Midland Standard Specification Manual.
(K) The
City reserves the right to lay, and allow to be laid, sewer, water
and other pipe lines or cables and facilities, as well as drainage
pipes and channels and streets, and to perform, and to 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 ROW or public place occupied
by a ROW 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 any
ROW user for any damage caused by those persons or entities. Nothing
herein shall relieve any third party from responsibility for damages
caused to a ROW user by such third party.
(Ordinance 8392, sec. 2, adopted 5/9/2006)
Editor’s note(s)—Former § 9-1-2
(Masonry or frame construction on sidewalks) was repealed by Ord.
No. 6879, enacted October 11, 1988.
Editor’s note(s)—Former § 9-1-3
(Gasoline pumps on sidewalks) was repealed by Ord. No. 6879, enacted
October 11, 1988.
Editor’s note(s)—Former § 9-1-4
(Vehicles not to stop on sidewalks) was repealed by Ord. No. 6879,
enacted October 11, 1988.
Editor’s note(s)—Former § 9-1-5
(Gasoline tanks under sidewalks) was repealed by Ord. No. 6879, enacted
October 11, 1988.
Editor’s note(s)—Former § 9-1-6
(Obstructions caused by building purposes) was repealed by Ord. No.
6879, enacted October 11, 1988.
Any person who shall keep or leave open or shall allow or suffer
to be left open any cellar door or trap door or the grating of any
vault in or upon any sidewalk, street, thoroughfare or passageway;
or who shall make, keep or maintain any uncovered opening in any sidewalk
or footway, or shall allow any sidewalk or footway, which it is his
duty to maintain or repair, to be broken or to continue so broken,
uneven or out of repair as to endanger any person's safety, shall
be deemed guilty of maintaining a nuisance.
It shall be unlawful for any person to deface any sidewalk or
curb by painting any portion thereof in any manner or by placing thereupon
any marks or signs, by stencils or otherwise, of any nature or character
whatsoever, without first receiving the express written consent and
permission of the city manager.
(Ordinance 4096 adopted 6/9/1964)
The abutting property owner or person enjoying the use of any
property abutting on a sidewalk or curb that has become defective
shall be primarily liable in damages for any loss or damage sustained
as a result of such defective condition.
(Ordinance adopted 6/22/1954)
Editor’s note(s)—Former § 9-1-10
(Water in streets) was repealed by Ord. No. 6879, enacted October
11, 1988.
A. It shall
be unlawful for any person to skate on, along or upon the public streets,
alleys and other public grounds, except for the sidewalks of the City,
on roller skates, roller blades, inline skates, skateboards or similar
devices.
It shall be an affirmative defense to prosecution under this
Section if the individual was crossing the street or alley at a crosswalk.
In this Section:
(1) Alley means a street that:
(A) Is not used primarily for through traffic; and
(B) Provides access to rear entrances of buildings or lots along a street.
(2) Crosswalk means:
(A) The portion of a street, including an intersection, designated as
a pedestrian crossing by surface markings, including lines; or
(B) The portion of a street or alley at an intersection that is within
the connections of the lateral lines of the sidewalks on opposite
sides of the street or alley measured from the curbs or, in the absence
of curbs, from the edges of the traversable roadway.
(3) Street means the width between the boundary lines of a publicly
maintained way, any part of which is open to the public for vehicular
travel.
(Ordinance 5750 adopted 5/12/1981; Ordinance 7713, sec. 2, adopted 2/10/1998)
It shall be unlawful for any person to string upon or affix
to any wire, pole, awning or other fixture placed in, upon or over
any of the streets and sidewalks of the City any advertisement, banner,
streamer or other thing of a similar nature.
(Ordinance adopted 8/4/1955)