(a) 
This article may be known and cited as the right-of-way management ordinance for the city.
(b) 
The purpose of this article is to govern the use and occupancy of the public rights-of-way, to ensure public health, safety and welfare; keep track of the different entities using the public rights-of-way to prevent interference between them and to promote the most efficient use of the right-of-way first and foremost for the traveling public, and also for water and sewer uses and for utility uses designed to benefit the citizens of the city, including such uses as have been recognized in statutory and common law in the state.
(Ordinance 504-14-2022 adopted 8/11/2022)
All provisions of this article shall apply to all persons involved with the right-of-way, all work performed therein, any facilities maintained therein or any other matter as applicable. This article shall be effective within the geographical limits of the city, including any areas subsequently annexed by the city.
(Ordinance 504-14-2022 adopted 8/11/2022)
Abandon.
And its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by provider in an unused or non-functioning condition for more than 120 consecutive calendar days unless, after notice to provider, provider has established to the reasonable satisfaction of the city that the applicable facilities, or portion thereof, is still in active use.
Ancillary.
Secondary, supporting, or subordinate.
Application or proposal.
Are synonymous for the purposes of this article. An "application" or "proposal" means the process by which the applicant submits a request and indicates a desire to be granted a license, permit or franchise for all, or a part, of the city. An "application" or "proposal" includes all written documentation, and official statements and representations, in whatever form, made by an applicant to the city.
City manager.
The Pilot Point city manager or designee.
Director.
The designated director of the city's department administering this program or such director's designee.
Easement.
Refers to or shall include any public easement or other compatible use, whether created by dedication or by the other means, for uses which include public utility purposes or any other purpose whatsoever. "Easement" may include a private easement used for the provision of utilities, depending upon usage.
Facility or facilities.
Any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, pipes underground and overhead passageways and other equipment, structures, plants and appurtenances and all associated physical equipment placed in, on or under the public rights-of-way.
Franchise or franchise agreement.
The initial authorization, or subsequent renewal granted by the city in order for a person to construct, operate, and maintain a system in all, or part, of the city right-of-way.
Permit.
A document issued by the city authorizing installation, removal, modification and other work for equipment or facilities in accordance with the approved plans and specifications.
Person.
Any individual, corporation, business, trust, estate, trust, partnership, association of two or more persons having a joint common interest, governmental agency, or other legal entity, including the city.
Right-of-way, public way or public right-of-way or public rights-of-way or rights-of-way or right-of-way.
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 the city (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights-of-way now or hereafter held by the city (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the city or utility provider, with proper authorization, to use thereof for the purpose of installing or transmitting utilities over poles, wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property as may ordinarily be necessary. The term does not include a private easement or the airwaves above a public right-of-way with regard to wireless telecommunications. This term does not include city property.
Street.
Only the portion of the right-of-way with a specially prepared surface used for vehicular travel, which surface may be concrete, blacktop or other material commonly used to prepare a surface for vehicular travel, and is limited to the area between the inside of the curb (when there is a curb) to the inside of the opposite curb, and does not include the curb area or the area between the two parallel edges of the surface used for vehicular travel where there is no curb. A street is generally part of, but less than, or smaller in width than, the size or width of the right-of-way. Right-of-way includes the sidewalks and utility easements and street does not include a sidewalk or utility easement. A street does not include the curb, sidewalk, ditch, if any or present either at time of permitting or if added later.
User.
A person or organization that owns, places or uses facilities occupying the whole or a part of a public street or right-of-way, depending on the context.
Utility.
Any person or entity that owns or operates facilities.
(Ordinance 504-14-2022 adopted 8/11/2022)
No person shall commence or continue with the construction, installation, or operation of facilities within the public right-of-way in the city except as provided by this article, the ordinances of the city, and the directives of the city manager. All construction activity in the public rights-of-way shall be in accordance with this article.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
General.
(1) 
The director shall have the primary responsibility to administer and enforce compliance with this article and to bring to the attention of the city manager, and any other appropriate authority, any violations or lack of compliance with these regulations. Any department, agency, employee or enforcement officer of the city having information regarding an alleged violation of this article, shall report that information to the director.
(2) 
A utility company shall report information related to the use of the public rights-of-way that the director requires in the form and manner reasonably prescribed by the director as set forth herein.
(3) 
The director shall report to the city manager upon the determination that a person has failed to comply with this article.
(b) 
Civil enforcement.
The director shall report violations to the city manager to determine what action is deemed proper, and the city attorney is hereby authorized, without further authorization from city council, to file suit in district court, in addition to any criminal penalties to enjoin the violation of any provision of this article. Appropriate actions and proceedings may be taken by the city in law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, and to restrain, correct, or abate a violation. These remedies shall be in addition to the penalties described in this section.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Registration.
(1) 
In order to protect the public health, safety and welfare, all users of the right-of-way will register with the city.
(2) 
Registration and permits will be issued in the name of the person who will own the facilities.
(3) 
Registration and permits are not authorizations to install facilities in the rights-of-way, such authorization must be through municipal franchise or municipal agreement, except when otherwise required by state law.
(4) 
Registration must be renewed annually. For utilities with a current franchise, the franchise will be evidence of renewal. If a registration is not renewed and subject to 60-day notification to the owner, the facilities of the user will be deemed to have been abandoned to the extent allowed under state law.
(5) 
When any information provided for the registration changes, the user will inform the city of the change no more than 30 days after the date the change is made.
(6) 
Registration shall include:
(A) 
The name of the user of the right-of-way.
(B) 
The name, address and telephone number of people who will be contact person(s) for the user.
(C) 
The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the user.
(D) 
The name(s) and telephone number of an emergency contact who shall be available 24 hours a day and said emergency contact shall be employed by and have binding and decision-making authority for the owner of the facilities.
(b) 
Failure to maintain registration requirements.
In addition to all other legal penalties, including criminal penalties; failure to register or to maintain and update registration information may result in denial of a permit application.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Insurance.
(1) 
Prior to construction in the right-of-way, an applicant must provide, and users must maintain, acceptable proof of liability insurance in the total amount of $6,000,000.00; $1,000,000.00 primary plus $5,000,000.00 umbrella if requested by the owner of the facilities, or other provisions as acceptable to the director of finance or designee. The city reserves the right to review the insurance requirements and to adjust insurance coverage and limits when the city manager determines that changes in statutory law, court decisions, or the claims history of the industry or the applicant or user require adjustment of the coverage.
(2) 
The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards.
(3) 
Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than 30 days before canceling, failing to renew, or reducing policy limits.
(4) 
The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address, and telephone number of insured; policy expiration date; and specific coverage amounts. The city may accept a certificate of insurance, or the city may require another form of legally binding proof of insurance.
(5) 
An insurer has no right of recovery against the city. The required insurance policies shall protect the person and the city. The insurance shall be primary coverage for losses covered by the policies.
(6) 
The policy clause "other insurance" shall not apply to the city if the city is an insured under the policy.
(7) 
Notwithstanding the above, an applicant meets the requirements of this section with proof of current insurance approved by the commission.
(b) 
Bonds.
(1) 
Applicant or applicant's contractor, at city's option, shall file an annual surety bond which will be valid each year construction will occur through one full year after the completion of the construction from a surety company authorized to do business in the state in the amount of the estimated amount of the cost to restore the right-of-way for the work anticipated to be done in that year, in the event the applicant leaves a job site in the right-of-way unfinished, incomplete or unsafe or other provisions as acceptable to the director of financial services or designee.
(2) 
The above requirements may be met by utilities with a current franchise if their current franchise adequately provides for insurance or bonds or provides an indemnity in favor of the city.
(c) 
Indemnification.
(1) 
To the extent allowed by state law, each person placing facilities in the public rights-of-way shall agree to promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses:
(A) 
For the repair, replacement, or restoration of city's property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of the person's acts or omissions.
(B) 
From and against any and all claims, demands, suits, causes of action, and judgments for:
(i) 
Damage to or loss of the property of any person (including, but not limited to the person, its agents, officers, employees and subcontractors, city's agents, officers, and employees, and third parties); and/or
(ii) 
Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to the agents, officers and employees of the person, person's subcontractors and city, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the person, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article.
(2) 
This indemnity provision shall not apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors, or subcontractors.
(3) 
The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
(d) 
Current franchise.
All of the requirements above under section 13.09.007 are deemed met by utilities with a current franchise if the current franchise adequately provides for insurance or bonds or provides an indemnity in favor of the city.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Municipal authorization or agreement shall be required, except when clearly preempted by state law. Nothing in this article shall be considered to grant authorization to any user. When any state law authorizing right-of-way use is struck down, pre-empted, declared to be invalid or void, in whole or in part, the user relying upon said law for authorization shall seek separate authorization or shall cease using the right-of-way.
(b) 
When municipal authorization or agreement is required, the permit for construction work may not be submitted until said authorization or agreement is obtained. A current franchise agreement with the city shall constitute a municipal authorization or agreement.
(c) 
Municipal authorization does not extend to the use of any property or facilities other than the right-of way.
(d) 
Municipal authorization does not address or allow the use of third-party facilities in the right-of-way.
(e) 
This article does not constitute or create authority to place, reconstruct, or alter facilities in, on, or over the public rights-of-way, and said authority must be obtained by separate instrument in accordance with this section or by operation of other laws.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Public right-of-way use shall be compensated as required by the state constitution, state law, franchise, license or other agreement.
(b) 
The city may structure due dates on payments in such a manner so as to be administratively efficient. Franchise agreements shall include payment schedules on how and when payments for use of public right-of-way shall be made.
(c) 
Application fees, as allowed by state law, for work or installations in the right-of-way shall be the fees set by the city council. Such fees may be set by ordinance, resolution, in the budget or by any other lawful means. Franchised utilities shall be exempt from any application or registration fees related to their use of city ROW in lieu of the franchise utilities payments made to city.
(d) 
Failure to pay application fees, or failure of any payment to properly process shall result in the denial or withdraw of a permit unless exempted per section 13.09.009(c).
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
No person shall perform any construction or installation of facilities in the right-of-way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the facilities to be constructed. The permit must be completed and signed by a representative of the owner of the facilities to be constructed.
(b) 
Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the city should be notified in writing within two business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable.
(c) 
The phrase "construction or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement; the closure of a nonresidential traffic lane; excavation or boring.
(d) 
The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the city manager or designee.
(e) 
The person requesting a permit will provide the city manager or designee with documentation in the format specified by the city manager describing:
(1) 
The proposed, approximate location and route of all facilities to be constructed or installed and the applicant's plan for right-of-way construction should be shown on a set of scaled dimensioned construction plans, plan/profile sheet, a street view, and an aerial map.
Said plans should indicate the current right-of-way lines and any existing city facilities. Said plans shall show any proposed underground conduit, type of casing pipe required, if applicable, overhead lines, network nodes, ancillary equipment, or any other facilities to be installed. The drawings shall show a cross sectional profile, identify all existing utilities and any existing or potential utility conflicts.
(2) 
For installation of any proposed pole applicant shall provide sectional detail showing depth of anchor, scaled dimensional drawings of the proposed pole, and shall indicate spacing from existing curb, driveways, sidewalk, light poles, and any other poles or appurtenances. If there are multiple poles/anchors on a project, one typical sectional detail drawing for pole or anchor will be provided.
(3) 
All applications shall include a before and after street view image. The afterimage needs to include any proposed poles and all proposed attachments, and any associated or ancillary equipment, whether attached or standalone.
(4) 
If the project is within the state right-of-way, the applicant must provide evidence of a permit or permission from the state and shall be exempt from a city permit.
(5) 
If a city pole or poles or light structure or structures will be used or will be in the area of the proposed construction, the pole or poles or light structure or structures will be identified. No electric meter shall be mounted on a city pole or light structure.
(6) 
Provider/applicant shall use 240 voltages when connecting to any city infrastructure and provide key to meter upon installation.
(7) 
All plans shall reflect that no facilities to be installed will obstruct an existing or planned (planned drawings to be provide by city) sidewalk, walkway, bicycle lane or lane of vehicular traffic.
(8) 
Engineering plans which will be on a scale of one-inch equals 50 feet unless otherwise approved by city manager.
(9) 
Detail of the location of all right-of-way and utility easements which applicant plans to use.
(10) 
Detail of all existing city utilities in relationship to applicant's proposed route.
(11) 
Detail of what applicant proposes to install, such as network nodes, poles, pipes, size, number of inner ducts, valves, or other facilities. Some utility facilities will not be included due to national security concerns.
(12) 
Detail of plans to remove and replace asphalt or concrete in streets (include city standard construction details).
(13) 
Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, network nodes, micro-network nodes, or other facilities, including depth located in public right-of-way. Some utility facilities will not be included due to national security concerns. Utility may provide spec drawings of equipment but not necessarily the physical location of each.
(14) 
Handholes and/or manhole typical of type of manholes and/or handholes applicant plans to use or access.
(15) 
Complete legend of drawings submitted by applicant.
(16) 
If paper copies are required by the city, five sets of engineering plans must be submitted with permit application.
(17) 
The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be always available during construction. Such information shall be required prior to the commencement of any work.
(18) 
The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, and other applicable information) are subject to approval of the city manager or designee.
(19) 
A statement that the requirements of sections 13.09.006 and 13.09.007 are met.
(20) 
A traffic-control plan approved by the city manager, which shall specify the traffic-control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic-control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.
(21) 
No projecting attachments shall be less than eight feet above the ground, if not projecting toward the street. If an attachment is projecting toward the street, the attachment shall be installed no less than 16 feet above the ground.
(22) 
Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause any interference with city public safety radio system, traffic signal light system or other city communications systems or components, regardless of whether or not a permit is required. The right-of-way user shall provide evidence in a form acceptable to the city that the proposed installation will be compatible with said city systems and will not cause any interference with the city public safety radio system, traffic signal light system or other city communications systems or components. No installation shall be allowed to be installed or to remain in the right-of-way that causes any such interference.
(23) 
The plans shall demonstrate that all federal and state laws and city ordinances will be obeyed, and that all sections of this article [sic]. Construction in right-of-way adjacent to a school shall be required to follow all state and federal law requirements.
(f) 
All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The city manager or designee shall be provided access to the work and to such further information as he or she may reasonably require ensuring compliance with the permit.
(g) 
A copy of the construction permit and approved engineering plans shall be maintained at the construction site and always made available for inspection by the city manager or designee when construction or installation work is occurring.
(h) 
All construction or installation 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, the permittee may request an extension from the city manager or designee. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.
(i) 
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, if requested by the city manager and a copy of written permission for work in railroad right-of-way from the applicable railroad or transit authority, as applicable, if requested by the city manager.
(j) 
A request for a permit must be submitted at least ten working days before the proposed commencement of work in the request, unless waived by the city manager or designee.
(k) 
Requests for permits will be approved or disapproved by the city manager or designee within a reasonable time or receiving all the necessary information. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.
(l) 
The city manager or the applicant can request a pre-construction meeting with the permittee and their construction contractor.
(m) 
Permit applications are required for construction on new, replacement or upgrading of the company's facilities in the right-of-way either aerial or underground unless exempted elsewhere under this article.
(n) 
The failure of a person to request and obtain a permit from the city prior to per forming any of the above listed activities in, or over any right-of-way, except in an emergency, will subject the person to a stop-work order from the city and enforcement action pursuant to this code.
(o) 
If the person receiving the permit fails to act upon the permit within 180 calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.
(p) 
If state or federal law provides that a permit is not required for certain work to be done, then a person proposing to do such work shall be required to provide notice two working days prior to performing such work. The requirements of this article must be met, even if no permit is required pursuant to state or federal law.
(q) 
Certification of a state registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules, regulations, and publicly disclosed design specifications established in the city's right-of-way management requirements, including the design manual, is required.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Except in cases of emergency, the following shall be required when facilities are constructed in the right-of-way, regardless of whether a permit is required, and, to the extent applicable, for as long as the facilities remain in the right-of-way. In cases of emergency work, the city must be notified within eight hours of said work commencing with contractor information, location of emergency work in right-of-way.
(1) 
The city must be notified 24 hours in advance that construction is ready to proceed by the right-of-way user, their contractor or representative. The right-of-way user or contractor must previously be called for any needed locations for right-of-way facilities. At the time of notification, the right-of-way user will inform the city manager of the number (or other information) assigned from the one-call system. The provider must have previously contracted the city and obtained all needed locational information for city utilities.
(2) 
All construction shall be in conformance with all city codes and applicable local, state and federal laws and must be done in a good and workmanlike manner and in accordance with all applicable sections of this article.
(3) 
Three by three feet information signs stating the identity of the person doing the work, telephone number and permittee's identity and telephone number shall be placed at the location where construction is to occur 48 hours prior to the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. An informational sign will be posted on the public right-of-way 100 feet before the construction location commences and each 100 feet thereafter unless other posting arrangements are approved or required by the city manager.
(4) 
Erosion control measures (e.g., silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins.
(5) 
Lane closures on major thoroughfares will be limited after 8:30 a.m. and before 4:00 p.m. unless the city manager grants prior approval. Arrow boards will be required on lane closures, with all barricades, advanced warning signs and 36-inch reflector cones placed according to the specifications of the city manager and must be in accordance with the filed lane closure plan approved by the city manager.
(6) 
Permittees are responsible for the workmanship and any damages by a contractors or subcontractors. A responsible representative of the permittee will be always available to city staff during construction.
(7) 
Permittee shall be responsible for storm water management erosion control that complies with city, state and federal guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. Upon request permittee may be required to furnish documentation submitted or received from federal or state government.
(8) 
Permittee or contractor or subcontractor will notify the city manager immediately of any damage to other utilities, either city or privately owned.
(9) 
It is the city's policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior approval must be obtained by the city manager and all requirements of the city manager shall be followed. Repair of all street and sidewalk removals must be made timely to avoid safety hazards to vehicle and pedestrian traffic.
(10) 
Installation of facilities must not interfere with city utilities, in particular gravity dependent facilities.
(11) 
Unless otherwise governed by state or federal law, new facilities must be installed to a depth approved by the city manager or designee and consistent with industry best practices.
(12) 
All directional boring shall have locator place bore marks and depths while bore is in progress. The boring method and bore pit locations shall be identified. Locator shall place mark at each stem with paint dot and depth at least every other stem.
(13) 
The working hours in the rights-of-way are 9:00 a.m. to 4:00 p.m., Monday through Friday. Work that needs to be performed after 4:00 p.m. Monday through Friday must be approved in advance. Any work performed on Saturday must be approved 24 hours in advance by the city manager. Directional boring is permitted only Monday through Friday 9:00 a.m. to 4:00 p.m., unless other hours are approved in advance. No work will be done on Sundays or city holidays, except for emergencies.
(14) 
People working in the right-of-way are responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the geographic information system or the plans of records does not satisfy this requirement.
(15) 
Permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the city manager, permittee shall verify locations by pot holing, hand digging or other method approved by the city manager prior to any excavation or boring with the exception of work involving lane closures, as discussed above.
(16) 
Placement of all manholes and/or hand holes must be approved in advance by city manager. Handholes or manholes will not be located in sidewalks, unless approved by the city manager.
(17) 
Locate flags shall not be removed from a location while facilities are being constructed.
(18) 
Construction which requires pumping of water or mud shall be contained in accordance with city ordinances and federal and state law and the directives of the city manager.
(19) 
All facilities installed in the right-of-way shall be in earth tone colors or in colors that blend with the surroundings, or if on a service pole or municipally-owned pole shall match the color and finish of the pole or must be approved by the city.
(20) 
All facilities installed in the right-of-way shall be uniquely identified and provided through a GIS shape file or other means as acceptable to the city manager or designee. Said identification shall be provided at the time of application and shall be visible on the facilities when installed.
(21) 
Above-ground wires shall be located on only one side of the right-of-way, except as approved by the city manager because of existing facilities or special circumstances.
(22) 
The right-of-way user or contractor must obtain any needed permits for electrical work and provide sealed engineered drawings for conduit size, circuit size, calculations for amperage, or any other required information. Provider shall be responsible for obtaining any required electrical power service to any installation. Any such electrical supply must be separately metered and must match city infrastructure voltage with the exception of electric utilities who have various pre-set voltages allowed which city must match to take electric service from the utility.
(23) 
Right-of-way users shall complete construction as expeditiously as possible and lane closures or work that inconveniences the traveling public shall be minimized. Lane closures shall not last longer than four hours unless a different period is shown on the permit.
(24) 
Right-of-way work shall be completed in the amount of time shown on the permit; but if no completion time is shown on the permit the work shall be complete in not more than one year.
(25) 
All right-of-way work and facilities installed shall be done in a good workman like manner; shall meet all applicable codes; shall be maintained, kept in good repair, and shall be aesthetically pleasing.
(26) 
All efforts shall be made to avoid or minimize negative visual impact to the surrounding area and to enhance the safety requirement for vehicles and pedestrians, particularly in areas where small children or other vulnerable members of the population may be located.
(27) 
Installations which require ancillary ground equipment with a footprint of 25 square feet or more shall be spaced at least 300 feet apart.
(28) 
The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be always available during construction. Such information shall be required prior to the commencement of any work.
(29) 
A statement that the registration requirements of this article are met.
(30) 
A traffic-control plan, which shall specify the traffic-control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic-control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.
(31) 
A traffic-control plan approved by the city manager, which shall specify the traffic-control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic-control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.
(32) 
Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause any interference with city public safety radio system, traffic signal light system or other city communications systems or components, regardless of whether a permit is required. The right-of-way user shall provide evidence in a form acceptable to the city that the proposed installation will be compatible with said city systems and will not cause any interference with the city public safety radio system, traffic signal light system or other city communications systems or components. No installation shall be allowed to be installed or to remain in the right-of-way that causes any such interference.
(b) 
To the extent applicable, the above requirements shall continue during the entire time that the installed facilities remain in the right-of-way.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Right-of-way users will provide the city manager or designee with plans of record within 90 calendar days of completion of new facilities in the right-of-way. Users who have facilities in the right-of-way existing as of the date of this article who have not provided plans of record shall provide to the city upon request. The plans shall be provided to the city with as much detail and accuracy as required by the city manager. All the requirements specified for the plans submitted for the initial permit, as set forth by this article, shall be submitted and updated in the plans of record. The detail and accuracy will 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. Submittal of plans of record shall be in digital format if available.
(b) 
This requirement, or portions of this requirement, may be waived by the city manager or designee for good cause.
(c) 
If the release of the location of any utilities, including water and sewer, or of plans of record submitted under this section would jeopardize public safety, the information shall be considered confidential. In addition, if plans of record submitted under this section include information expressly designated by the right-of-way user as a trade secret or other confidential information protected from disclosure by state law, the director may not disclose that information to the public without the consent of the right-of-way user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a right-of-way user to designate all matters in its plans of record as confidential or as trade secrets.
(d) 
User shall maintain accurate maps and other appropriate records of its facilities as they are constructed in the rights-of-way, including, upon request, the use of Auto CAD/GIS digital format if available. User will provide additional maps to the city upon request.
(Ordinance 504-14-2022 adopted 8/11/2022)
Unless otherwise specified in the franchise, whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other public works or city projects, (e.g. install or improve storm drains, water lines, sewer lines, or any other public works or city project), with the exception of projects that benefit a city owned facility where they are the end use metered customer, replacing overhead lines with underground lines, and beautification projects it shall be deemed necessary by the governing body of the city to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user to another part of the right-of-way, such alterations shall be made by the owner of the facilities at their expense within the time limits set by the city manager working in conjunction with the owner of the facilities, or if no time frame can be agreed upon, within 90 days from the day the notice was sent to make the alterations, unless a different schedule has been approved by the city manager or designee.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Any person doing work in the city right-of-way shall properly install, repair, upgrade and maintain facilities.
(b) 
Facilities shall be improperly installed, repaired, upgraded, or maintained if:
(1) 
The installation, repairs, upgrade, or maintenance endangers people.
(2) 
The facilities do not meet the applicable city codes.
(3) 
The facilities are not capable of being located using standard practices.
(4) 
Underground facilities that are installed less than 24 inches in depth.
(5) 
Facilities or construction in regard to placement of said facilities that remains incomplete or hazardous after construction work is finished or time for completion has passed, including but not limited to holes in paved areas or ground, handholes or manholes that are improperly sealed, and broken equipment or any other incomplete or hazardous condition.
(6) 
The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the city manager.
(c) 
Facilities will be considered improperly installed if said facilities cause any interference with city public safety radio system, traffic signal light system or other communications systems.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Users of the right-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 the work. Restoration must be approved by the city manager.
(b) 
Restoration must be to the reasonable satisfaction of the city manager and the property owner. The restoration shall include, but not be limited to:
(1) 
Replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by the city manager;
(2) 
Installation of all manholes and handholes, as required;
(3) 
Backfilling all bore pits, potholes, trenches, or any other holes shall be filled in daily, unless other safety requirements are approved by the city manager;
(4) 
Leveling of all trenches and backhoe lines (exceptions will be allowed for settlement of trench material so that the end result will be level);
(5) 
Restoration of excavation site to city specifications; and
(6) 
Restoration of all landscaping, ground cover, hardscape, and sprinkler systems.
(c) 
All locate flags and paint shall be removed during the clean-up progress by the permittee or contractor at the completion of the work.
(d) 
Restoration must be made in a timely manner as specified by approved city schedules and to the satisfaction of city manager or designee. If restoration is not satisfactory and performed in a timely manner all work in progress, except that related to the problem, including all work previously permitted but not complete may be halted and a hold may be placed on any permits not approved until all restoration is complete.
(e) 
If a person fails to restore property as set out in this section, the city shall give five working days written notice to the person at the address shown on the permit. If the person does not initiate repairs during the five-day period or fails to complete the repairs within 30 calendar days, thereafter the city may elect to repair such portion of the right-of-way as may have been disturbed by the person, its contractors, or agents at the cost of the person performing the right-of-way work. These time periods may be shortened or waived in cases of a threat to public health, safety or welfare. Upon receipt of an invoice from the city, the person will reimburse the city for the costs so incurred no later than 30 calendar days from the date of the city invoice.
(f) 
Should the city reasonably determine, within two years from the date of the completion of the repair work, that any of the said restoration work failed to meet the existing standards of the city that were in place at the time of completion, the person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies.
(g) 
Notwithstanding any of the above sections, if the city determines that the failure of the person to properly repair or restore the right-of-way constitutes a threat to the public health, safety or welfare, the city may undertake emergency repairs and restoration efforts. The city may attempt to provide emergency notice to the person responsible but is not obligated to do so. The right-of-way user shall promptly reimburse the city for all reasonable costs incurred by the city within 30 calendar days from the date of the city invoice.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
If any of the provisions of this article are not followed, the city manager or designee may revoke a permit. If a person has not followed the terms and conditions of this article in work done pursuant to a prior permit. New permits may be denied by city, or additional terms required.
(b) 
If a permit is denied by city upon initial submission for incompleteness or for an issue which is capable of correction, the applicant may complete or correct the application and resubmit the application. Applications not resubmitted within 31 calendar days shall be considered withdrawn without further action by city.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
An applicant may appeal from denial or revocation of permit to the city manager. Appeal shall be filed with the city secretary within five working days from the date of the decision being appealed.
(b) 
A denial or revocation will be upheld unless a person can show that there is an error, and that the person was following all of the requirements of this article and all right-of-way engineering requirements.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
The city may perform inspections of any right-of-way work, including installations, maintenance, modifications, or any other right-of-way work, whether such work is subject to permit requirements or allowed to be done without a permit. The city may perform visual inspections of any right-of-way work located in the right-of-way as the city deems appropriate without notice.
(b) 
If the inspection requires physical contact with right-of-way work, the city may provide the right-of-way user with notice prior to said inspection. Right-of-way user may have a representative present during such inspection. In the event of an emergency, the city may notify the right-of-way user prior to the inspection. The city may take any needed action to remediate an emergency. The city shall notify the right-of-way user as soon as practical after said remediation.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
Duty to remove.
A person that has placed above-ground facilities in the right-of-way shall remove said facilities and related equipment when such facilities that are abandoned regardless of whether it receives notice from the city.
(b) 
Time for removal.
(1) 
The city may notify the person that said facilities must be removed immediately when necessary to ensure public health, safety, and welfare. Utility companies have a right to dispute whether their facilities are jeopardizing public health, safety, or welfare to the city council.
(2) 
If immediate removal is not required, the removal must be completed within the time set forth in the written notice to remove from the city and if no time is set out, then within 90 days for the facilities and related equipment being abandoned.
(3) 
If the facilities are not removed after the 90-day notice to remove, the city may, to the extent permitted by state law, remove the facilities 30 days after notice of a final finding of abandonment.
(4) 
When a person removes, or abandons permanent structures in the right-of-way, the person shall notify the city manager in writing of such removal or abandonment and shall file with the city manager the location and description of each facility and ground equipment removed or abandoned.
(5) 
The city manager may require the person to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.
(c) 
Deemed abandoned.
To the extent permitted by state law, facilities may be deemed abandoned as set out in this article. Additionally, facilities may be deemed abandoned if:
(1) 
A person does not relocate facilities as set out in by this article.
(2) 
A person does not correct or abate improperly installed facilities as set out by this article.
(3) 
A person fails to maintain the registration requirements set forth by this article.
(4) 
A person utilizing the right-of-way cannot be found or contacted.
(5) 
A person utilizing the right-of-way fails to pay the required compensation.
(6) 
A person utilizing the right-of-way fails to comply with the requirements of this article after being given due notice of any deficiencies. The notice requirement shall only apply to persons who have maintained the required registration pursuant to this article and are capable of being contacted.
(Ordinance 504-14-2022 adopted 8/11/2022)
(a) 
In the exercise of governmental functions, the city has first priority over all other users of the public rights-of-way. To the fullest extent allowed by law, the city reserves the right to:
(1) 
Lay sewer, gas, water facilities, and any other pipe lines or cables and conduits;
(2) 
Do underground and overhead work, including attachments;
(3) 
Require restructuring or changes in the city's aerial facilities in, across, along, over or under a public street, alley or public rights-of-way that may be occupied by a utility company; and
(4) 
Change the curb, route or grade of sidewalks and streets.
(b) 
The city shall assign the location in or over the public rights-of-way among competing users of the public rights-of-way with due consideration to the public health and safety considerations of each user type, and to the extent the city can demonstrate that there is limited space available for additional users, may limit new users as allowed under state or federal law. As a priority, each user of the public rights-of-way will be allowed one alignment on one side of the street for placement of its facilities, provided there is adequate space available. In the event an additional alignment or both sides of the street has been requested by a user, the director will grant such request, provided there is adequate space available and the requestor has demonstrated the financial or technical impracticability of the use of the requestor's single alignment or use of only one side of the street.
(Ordinance 504-14-2022 adopted 8/11/2022)
This article shall be construed in accordance with the city code(s) in effect on the date of passage of this article, to the extent that such code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the state, subject to the city's ongoing authority to adopt reasonable police power based regulations to manage its public rights-of-way, pursuant to sections 13.09.010, 13.09.011, and 13.09.015, as otherwise provided by law.
(Ordinance 504-14-2022 adopted 8/11/2022)