(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 2017.08.14A adopted 8/14/17)
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 Friona, its officers, employees and departments.
The public works director.
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, storm water
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 2017.08.14A adopted 8/14/17)
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
public works department. All construction activity in public right(s)-of-way
will be in accordance with this division.
(Ordinance 2017.08.14A adopted 8/14/17)
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 job site in the right(s)-of-way unfinished, incomplete
or unsafe, as determined by the city public works director. This requirement
may be waived upon providing city public works director 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
public works director.
(Ordinance 2017.08.14A adopted 8/14/17)
(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 3.975 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;
(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 public works director.
(c)
The
service provider applying for a permit will provide the city public
works director with documentation in the format specified by the city
public works director 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 public works director.
(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 public works director 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 public works
director.
(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 public works director 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 public works director shall
have access to the work and to such further information as the city
public works director 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 public works director 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 public works director plans
shall be maintained at the construction site and made available for
inspection by the city public works director 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 public works
director 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 public works director:
(j)
Applications
for permits will be approved or disapproved by the city public works
director before the date indicated for commencement of work.
(k)
The
city public works director or the applicant can request a pre-construction
meeting with the construction contractor.
(Ordinance 2017.08.14A adopted 8/14/17)
(a)
It shall be unlawful for any person except service provider’s registered under section 3.964 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 3.972 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 2017.08.14A adopted 8/14/17)
(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
public works director. 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
public works director, the service provider shall verify location
by potholing, hand digging or another method approved by the city
public works director 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 public works director 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 public works director. 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 paragraph. 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 public
works director) 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 2017.08.14A adopted 8/14/17)
(a)
Excavations
in Public Right(s)-of-Way Disrupt and Interfere with the Public Use
of the City Streets and Alleys and Damage to 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 public works director plans will be available for inspection
to the service providers at least two (2) months before the project
is to start construction. Final public works director 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 public works director, at the city public works director’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 public works director of any substantial changes in the planned
excavation work discussed at the annual meeting.
(Ordinance 2017.08.14A adopted 8/14/17)
(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 public works director, 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 public works director.
(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 3.961 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 public works director around a construction site that
blocks a public sidewalk or path.
(Ordinance 2017.08.14A adopted 8/14/17)
(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 public works director. 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 public works director will be final. Other locations must
be approved by the city public works director. Facilities may be located
at less depth than shown provided they receive prior written approval
from the city public works director 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 public works director
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 public works director.
(d)
Temporary
facilities may be located in nonstandard locations as authorized by
the city public works director.
(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 2017.08.14A adopted 8/14/17)
(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 public works director 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 public works director of the closure or obstruction
of a street or alley. The city public works director 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 public works director 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 public works director.
(Ordinance 2017.08.14A adopted 8/14/17)
(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 public works director
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 public works director,
will be included in the total area repaired.
(d)
The
person, service provider or contractor shall notify the city public
works director immediately of any damage to other facilities as well
as the owner of the affected facility.
(e)
The
city public works director, 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 2017.08.14A adopted 8/14/17)
(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 public works director 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 public
works director 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 public works
director or as established and adopted by the city.
(Ordinance 2017.08.14A adopted 8/14/17)
Any service provider that intends to abandon its use of any
facilities within the public right(s)-of-way shall notify the city
public works director 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 public works director),
and the method of removal of the facilities and for restoration of
the public right(s)-of-way.
(Ordinance 2017.08.14A adopted 8/14/17)
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, public works, 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 public
works director 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 2017.08.14A adopted 8/14/17)
(a)
If installations do not follow the plans originally submitted under section 3.965 above, the service provider will provide the city public works director 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 public works director for good cause.
(Ordinance 2017.08.14A adopted 8/14/17)
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 public works
director 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 public works director.
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 the city at owner’s expense.
(Ordinance 2017.08.14A adopted 8/14/17)
(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 public works director plans approved
by the city public works director.
(c)
Facilities
determined by the city public works director 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 public works director.
(Ordinance 2017.08.14A adopted 8/14/17)
(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 public works director.
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 public works director;
(2)
Installation
of all manholes and hand holes, 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 public works director;
(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 public
works director schedules and to the satisfaction of the city public
works director. 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 2017.08.14A adopted 8/14/17)
(a)
Service provider’s performance surety bond provided in accordance with section 3.964(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 public works
director 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 2017.08.14A adopted 8/14/17)
(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 chapter.
(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 2017.08.14A adopted 8/14/17)
(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 public works director 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 3.983 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 public works director;
(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 public works director;
(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 public works director may reinstate
a previously suspended permit when the conditions that caused such
permit to be suspended are remedied to the satisfaction of the city
public works director.
(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 public works director 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 public works director project representative will be
sent to the location to determine the status of the permitted work.
(Ordinance 2017.08.14A adopted 8/14/17)
(a)
A person
may, within ten (10) business days from the date of notification of
the decision of the city public works director, 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 public works director. The appeal
must be in writing and shall specifically state the basis for the
challenge to the decision of the city public works director. Should
the decision of the city public works director be appealed, the city
public works director 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 2017.08.14A adopted 8/14/17)
(a)
The
city manager and/or the public works director are 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 manager and/or the public works director are 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 2017.08.14A adopted 8/14/17)
(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 public works director.
(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 public works director. This subsection
shall not be construed to prohibit the city public works director
or the city from taking enforcement action as to past or present violations,
notwithstanding their correction.
(Ordinance 2017.08.14A adopted 8/14/17)
