No person shall commence or continue with the construction, installation or operation of telecommunications facilities on city property or within the public rights-of-way except as provided in this part.
(Ordinance 249F, art. 6, sec. 1, adopted 12/4/00)
Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations, including the National Electrical Safety Code. Failure to observe such requirements shall be a violation of this division subject to misdemeanor criminal penalties.
(Ordinance 249F, art. 6, sec. 2, adopted 12/4/00)
(a) 
No person shall perform major construction work within the public rights-of-way or on city property without first obtaining a construction permit therefor; provided, however, no construction work whatsoever may be undertaken nor shall a permit be issued for the construction or installation of facilities on city property or in the public rights-of-way to provide telecommunications service within the city unless the telecommunications carrier has applied for and received a franchise pursuant to part III of this division or is a certificated telecommunications provider pursuant to chapter 283, Local Government Code.
(b) 
As used in this part, major construction work means any construction, installation, maintenance, repair, or other work activities on city property or within the public rights-of-way, the total estimated construction cost of which (excluding cost of plant) exceeds $25,000.00.
(Ordinance 249F, art. 6, sec. 3, adopted 12/4/00)
(a) 
Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) 
That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
(2) 
The location and route of all above-ground facilities to be installed, including separate identification of any new poles.
(3) 
The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public rights-of-way.
(4) 
The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public rights-of-way along the underground route proposed by the applicant.
(b) 
The city manager or his or her designee may, in his or her discretion, require additional information to determine whether:
(1) 
The construction methods to be employed will adequately protect existing structures, fixtures, and facilities within or adjacent to the public rights-of-way.
(2) 
A landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction is necessary.
(Ordinance 249F, art. 6, sec. 4, adopted 12/4/00)
All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.
(Ordinance 249F, art. 6, sec. 5, adopted 12/4/00)
All construction permit applications which involve work on, in, under, across, or along any public rights-of-way shall be accompanied by a traffic-control plan demonstrating the protective measures and devices that will be employed, consistent with the Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(Ordinance 249F, art. 6, sec. 6, adopted 12/4/00)
Within ten (10) days after submission of all plans and documents required of the applicant under this division, the city manager or his or her designee, if satisfied that the applications, plans and documents comply with all requirements of this division, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he or she may deem necessary or appropriate. In the event that a provider has a specific service request from a customer and upon written application to the city manager or his or her designee, the city manager or his or her designee may expedite the issuance of the permit or may issue a conditional permit, allowing the grantee to commence work on a day requested prior to the expiration of 10 days after submission of the application. The application for an expedited permit or for a conditional permit shall include all information normally required by this part for a permit, and shall be supplemented by any additional information requested by the city manager or his or her designee which would reasonably be calculated to support the granting of an expedited permit or conditional permit. The city manager’s approval, or that of his or her designee, will not be unreasonably withheld.
(Ordinance 249F, art. 6, sec. 7, adopted 12/4/00)
The permittee shall submit a written construction schedule to the city manager or his or her designee five (5) working days before commencing any work in or about the public rights-of-way. The permittee shall further notify the city manager or his or her designee not less than 2 working days in advance of any excavation or work in the public rights-of-way.
(Ordinance 249F, art. 6, sec. 8, adopted 12/4/00)
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city manager and his or her representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements.
(Ordinance 249F, art. 6, sec. 9, adopted 12/4/00)
The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city manager or his or her representatives at all times when construction work is occurring.
(Ordinance 249F, art. 6, sec. 10, adopted 12/4/00)
If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the city manager or his or her designee may require the permittee to provide written verification, if reasonably necessary, of the location of such facilities by a registered surveyor. If requested by the city manager or his or her designee, the permittee shall relocate any facilities that are not located in compliance with permit requirements.
(Ordinance 249F, art. 6, sec. 11, adopted 12/4/00)
Upon order of the city manager or his or her designee, all work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this division, shall be removed.
(Ordinance 249F, art. 6, sec. 12, adopted 12/4/00)
The permittee shall promptly complete all construction activities so as to minimize disruption of the public rights-of-way and other public and private property. All construction work authorized by a permit within public rights-of-way, including restoration, must be completed within 120 days of the date of issuance, or by such other date as may be agreed upon by the city manager or his or her designee.
(Ordinance 249F, art. 6, sec. 13, adopted 12/4/00)
Within sixty (60) days after completion of construction, the permittee shall furnish the city with a complete set of plans, certifying to the city that they accurately depict the location of all utility facilities constructed pursuant to the permit.
(Ordinance 249F, art. 6, sec. 14, adopted 12/4/00)
Upon completion of any construction work, the permittee shall promptly repair or restore any and all public rights-of-way, including any and all public and private fixtures, structures and facilities therein, to as good or better a condition as before the start of construction.
(Ordinance 249F, art. 6, sec. 15, adopted 12/4/00)
(a) 
All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities shall be replaced or restored, as nearly as may be practicable, to at least as good condition than prior to performance of work by the permittee.
(b) 
All restoration work within the public rights-of-way shall be done in accordance with landscape plans approved by the city manager or his or her designee.
(Ordinance 249F, art. 6, sec. 16, adopted 12/4/00)
The owner of the facilities to be constructed and, if different, the provider, are responsible for performance of and compliance with all provisions of this part.
(Ordinance 249F, art. 6, sec. 17, adopted 12/4/00)