The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Contractor
means any person or group of persons entering into an agreement with the city.
Detour
means an alternate route in which vehicular traffic is directed around a street which is closed.
Emergency
means an unforeseen combination of circumstances or the resulting state, that calls for immediate action.
Manual
means the Manual on Uniform Barricading Standards.
Permit
means a written letter of approval from the responsible person or his appointed representative.
Public right-of-way
means any public street, highway, roadway, alley or sidewalk.
Responsible person
means the responsible person of the designated department of the city or any appointed representative.
Streets and alleys.
The term "street" shall mean a traveled way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
(1) 
Major thoroughfares or arterial streets are principal traffic arteries more or less continuous across the city which are intended to connect remote parts of the city and which are used primarily for fast or heavy volume traffic and shall include but not be limited to each street designated as a major street on the major street plan.
(2) 
Collector streets are those which carry traffic from minor streets to the major system of arterial streets and highways including the principal entrance streets of a residential development and streets for circulation within such development.
(3) 
Minor streets are those which are used primarily for access to abutting residential properties which are intended to serve traffic within a limited residential district.
(4) 
Alleys are minor traveled ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(Ordinance 573, § II(A)-(E), (H)-(J), 8-9-82)
(a) 
Any person who undertakes to perform any work upon, in, under, above or about any public street, highway, roadway, alley or sidewalk, hereafter collectively called public right-of-way, which requires that the street be partially or completely closed for construction and/or maintenance operation which work shall require excavation within or occupancy of the whole or a portion of the width of any such public right-of-way by equipment, materials, debris or workers shall use barricades, signals, flares, flags and all other traffic control and warning devices and procedures about the work area during the duration of the work within the public right-of-way of the type and in the manner required by the Uniform Barricading Standards adopted in this article. Such persons shall also be required to obtain a permit from the responsible person if the specifications stated in section 86-79 are applicable, with the exception of the state department of transportation conducting work on any state designated system. In such cases no permit is required. This permit must be acquired before construction is begun. Purpose of the permit is to ensure that ample consideration has been given to the effect of the construction work on the flow of traffic.
(b) 
It shall be the responsibility of the permit holder to provide, erect, place and maintain all warning signs, traffic control devices and barricades required by the Texas Manual on Uniform Traffic Control Devices or the responsible person. All such signs, devices and barricades shall be in good condition, clean and legible and shall be of the type required by the Texas Manual on Uniform Traffic Control Devices; provided, that the responsible person may authorize the use of different special devices and equipment if, in his opinion, such equipment will be at least as effective for its intended purpose as that set forth for such purpose in the Texas Manual on Uniform Traffic Control Devices. When additional regulatory signs are deemed necessary by the responsible person such signing will be installed as directed by the designated department along with such regulatory signs as are required to be provided by the city as required by the manual.
(Ordinance 573, § I, 8-9-82)
(a) 
Application.
When a permit is required, the permit application shall unless otherwise authorized by the responsible person for good cause shown, be filed with the responsible person at least five days prior to the day the applicant seeks to first close or block any part of the roadway and shall contain the following information:
(1) 
The name, telephone number, local address and principal place of business of the applicant.
(2) 
The name and day and night telephone number of the engineer, foreman or other person who will be in charge of the construction or repairs for which the application is requested.
(3) 
The times of the day and total number of calendar days the applicant seeks to block the roadway.
(4) 
A statement signed by the applicant or a person authorized to bind the applicant, that the applicant will indemnify and forever hold the city harmless against each and every claim, demand or cause of action that may be made or come against it by reason of or in any way arising out of the closing or blocking of the roadway by the applicant under a permit from the city, if the permit is granted.
(5) 
A standard barricading layout showing the placement of barricades, cones and informational signs used on the project.
(6) 
An explanation as to the nature or type of work that is to be performed along with its location.
(7) 
Any other information deemed necessary by the responsible person.
(b) 
Approval or disapproval.
The responsible person shall either approve or disapprove the application in five business days after it is submitted. The responsible person may approve an application either as applied for or subject to special requirements, as provided in subsection (c) of this section, which special requirements shall be endorsed on the permit when issued and become a part thereof. If an application is not approved, the responsible person shall so notify the applicant in writing stating the reasons for disapproval. An applicant may, if he so desires, undertake the revision of the unapproved application and resubmit it to the responsible person who shall approve, approve subject to special requirements, or disapprove the amended application within two business days. The responsible person may disapprove applications for permits under this article only for the following reasons:
(1) 
The proposed barricading, channelizing, signing, warning or other traffic control procedures or the equipment therefor do not comply with the requirements of the manual.
(2) 
The nature of the work to be performed or its location is such that the work may, without imposing any undue hardship on the applicant, be performed without the necessity of blocking or closing the roadway.
(3) 
The work or the manner in which it is to be performed will violate a city ordinance or a state statute.
(4) 
Failure to furnish all of the information required by this article or, except for good cause shown, to file the application within the time prescribed by this article.
(5) 
Misrepresenting or falsifying any information in the application.
(c) 
Special requirements.
The responsible person may at the time he approves an application or anytime after a permit is issued require:
(1) 
The use or specific location of additional barricades, signals, signs or other traffic control or safety devices or the pursuance of special traffic control or safety procedures.
(2) 
That the work be performed only at certain hours during the day or night, or during the specified days of the week.
(3) 
That only a specified area or not more than a specified number of lanes shall be blocked at the same time or at specified times of the day.
(4) 
That materials and equipment used in the work site and dirt removed from any excavation be located other than in the vehicle traffic lanes of such roadway.
(5) 
That all equipment be moved from the traffic lanes and any excavation in the traffic lanes be covered or filled with materials of sufficient strength and construction to permit vehicular traffic to pass over such excavation during all or part of the peak traffic periods or at night.
When such requirements are deemed necessary by the responsible person in the interest of public safety and to avoid traffic congestion, any such special requirements shall be endorsed on the permit and shall be a part thereof.
(d) 
Revocation.
Any designated responsible person or his authorized representative may revoke a permit issued under this article if any of the permit holder's barricading, signing, channelizing, warning or other traffic control procedures or the equipment at the work site do not comply with the requirements of the manual, or with any special requirements imposed by the responsible person. The permit holder, or the person named as responsible for or in charge of the work in the permit, shall first be notified of the failure or defect and be given a reasonable time, such length of time to be determined by the responsible person and not to exceed 24 hours, to correct same before such permit is revoked. If a permit issued under this article is revoked, it shall be unlawful to continue to block the roadway, except to restore the site to its proper condition as required in this article.
(e) 
Restoration.
If a permit is revoked, the permit holder shall immediately commence operations to restore the work area within the roadway to its proper condition, such work to be completed within 24 hours. In addition, except as required to restore the work area to its proper condition, the permit holder shall remove all equipment, materials and debris from the roadway. If such restoration is not done, the city shall be authorized, at its election, to take charge of the work and restore the premises to its proper condition and shall be entitled to recover from the permit holder by civil action the actual expenses incurred by the city in restoring the premises, including but not limited to, cost of labor, materials, overhead, rental of any equipment used by the city in restoring the site and attorney's fees, and for such purposes the city shall have a right of action against any bonds in effect running from the holder of the permit to the city, conditioned upon compliance with the ordinances of the city in the performance of the work.
(f) 
Penalty.
Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided in section 1-7(a). Such penalty shall be cumulative and not exclusive of any other rights or remedies the city may have.
(Ordinance 573, § III(A), 8-9-82)
(a) 
Contractor's requirements.
(1) 
Any contractor undertaking any work whether of his own, or under contract for any other person, and such work is within a city street and requires that a set of plans be drawn up due to the extensive and/or complex nature of the work, will be subject to the provisions set forth in this section, and must file for a permit before beginning construction. Proof must also be shown that he has obtained approval by other affected agencies of the city to actually perform the work.
(2) 
A plan must be prepared by the contracting agency showing where work is to be performed. The plan will include a standard barricading layout showing placement of barricades, cones and informational signs used on the project. In most cases, layouts will be similar to those shown in the latter part of the attached manual. Deviation from the manual will be allowed only with approval of the responsible person or his appointed representative.
(3) 
The plan as mentioned in subsection (a)(2) of this section must be submitted a minimum of five business days prior to actual beginning of the construction work. This time period will allow the designated department the opportunity to survey the construction site in an attempt to uncover any traffic problems which might develop as a result of the barricading.
(4) 
Each contractor or construction agency will provide with his barricading plan a listing of all persons directly responsible for the safety on each project to include an address or a telephone listing at which the person can be reached at any hour of the day if a hazardous condition develops.
(b) 
Contract work by city-prepared construction plans.
If the contractor undertakes work based on plans prepared by the designated department, all detour and barricading requirements will be inserted as part of the construction plans. In this situation, the contractor's acceptance of the construction project will serve as indication that he understands the layout and is responsible subject to the penalties established in this article.
(c) 
City forces and public utility company requirements.
(1) 
All city forces, as well as public utility companies performing construction work within a street which requires that a set of plans be drawn up due to the extensive and/or complex nature of work, will be subject to the same requirements established in subsection (a) of this section. Such work would include major street construction (street cuts, street widening, etc.), water and sewerage line laying or relocation or off-street construction which requires that a portion of the adjacent roadway be barricaded.
(2) 
Construction work performed by city forces or utility companies, minor enough such that a set of plans need not be drawn up, will not be subject to the same requirements established in subsection (a) of this section. Such work includes minor street construction (resurfacing, patching, striping), minor utility work (usage of manholes such that a lane must be barricaded), etc. These forces will be required, however, to comply with all other provisions set forth in this manual as to the construction site barricade layout and signing. In addition, the responsible person or his authorized representative shall be contacted before the construction work is begun and be informed of the location and nature of construction. This work shall not be performed during the peak hour congestion periods of 7:00-9:00 a.m. and 4:00-6:00 p.m. unless approved by the responsible person.
(Ordinance 573, § III(B), 8-9-82)
The requirements of this article are to be used for all planned construction projects. In the event of an emergency-type situation, notification of work to be done can be made by telephone directly to the responsible person or his appointed representative, thereby, bypassing the requirements of this article. Under these conditions the contractor or agency will still be required to follow the basic barricading standards as outlined in the manual.
(Ordinance 573, § III(C), 8-9-82)
No street, alley or other public way, or portion thereof, shall ever be closed, narrowed or vacated if doing so would result in a violation of or be in conflict with the city's land development codes, or otherwise be contrary to the best interest of the public, considering all reasonable future use of such street, alley or other public way. Any petitioner requesting a street, alley or other public way, or portion thereof, be closed, narrowed or vacated must comply with all the following sections of this policy, but such shall constitute only a request and not be permitted except pursuant to the provisions hereof.
(Ordinance 1092, § 1, 7-27-99)
Any person or persons (herein "petitioner") desiring to have the city council exercise its powers regarding the closing, narrowing or vacating of streets, alleys or other public ways, or portions thereof, must file with the city secretary a petition, on a form acceptable by the city, directed to the city council requesting that such action be taken. The petition must be signed and acknowledged by all current owners of property abutting the street, alley or public way or portion thereof sought to be closed. The petitioner may not rely solely on the most recent county certified tax rolls to determine the current names and addresses of all abutting property owners. A list of the owners' names and addresses of all property abutting the street, alley, public way or portion thereof that is the subject of the petition must be attached to the petition. The city may require the petitioner to provide copies of documents filed in the Aransas County Deed Records to evidence the current abutting owners. The petition shall not be accepted unless and until all requirements of this policy have been met and the city is satisfied that all current abutting property owners have signed the petition. Upon acceptance, the city secretary shall provide copies of the petition to the city manager and all other city staff or officials whom the city manager directs.
(Ordinance 1092, § 1, 7-27-99)
Upon the filing of a petition with the city secretary, an administration fee shall be paid to the city in an amount equal to $50.00 for the first 100 linear-foot length of affected property and $10.00 for each 35 feet of affected length, or portion, thereafter.
(Ordinance 1092, § 1, 7-27-99)
For a petition to be accepted, petitioner must provide a survey or plat, together with a typed legal description, of the street, alley or other public way, or portion thereof, sought to be abandoned, altered, closed or vacated and the property abutting thereon, prepared by a licensed land surveyor. The costs of the survey or plat shall be paid by the petitioner.
(Ordinance 1092, § 1, 7-27-99)
The city staff shall review the request as to the impact on utilities, drainage and/or the future traffic needs and circulation, and shall issue a report to the city secretary and city manager, outlining the staff's findings and its recommendation for consideration by the city council. A staff report finding no objection to the request shall not bind the city council to grant the petition, and is as such only advisory upon the council.
(Ordinance 1092, § 1, 7-27-99)
After receipt of the staff report, the city secretary shall cause a public hearing to be set on this petitioner's request. Notice of such public hearing on the petition must be given by publication in the official newspaper of the city no more than 30 days nor fewer than 15 days proceeding the date of that set for public hearing on the proposed request. Such notice shall fairly state the action requested giving a description of the property or street affected.
(Ordinance 1092, § 1, 7-27-99)
The city manager or the city council may, at any time, request and obtain an independent appraisal of the value of the property sought by petitioner to be closed, narrowed or abandoned. Such appraisal may be used to determine what consideration, if any, may be required to be paid by petitioner or anyone else to be benefitted by the petitioner's request, should final action be taken by the city council pursuant to this policy.
(Ordinance 1092, § 1, 7-27-99)
The city council shall hear evidence as to the reasons why such street, alley, public way or portion thereof should or should not be abandoned, altered, vacated or closed. The city council may adjourn or continue the public hearing as it alone deems necessary and in the best interest of the public. Upon close of the public hearing, the council shall either grant or deny the request by petitioner. Such petition, if not acted upon at the meeting at which it appears on the agenda for public hearing, may at such time be passed, tabled or continued on the agenda to any subsequent city council meeting.
(Ordinance 1092, § 1, 7-27-99)
The council may grant the petition only by adoption of an ordinance, pursuant to its Charter. However, a three-fourths majority of votes of the city council shall be necessary to adopt an ordinance to abandon, alter, vacate or close the street, alley, public way or portion thereof.
(Ordinance 1092, § 1, 7-27-99)
(a) 
The council shall determine what consideration, if any, shall be paid by the abutting property owners, pursuant to chapter 272 of the Local Government Code, which may be equal to or less than the fair market value as determined by recent city appraisal obtained pursuant to this policy.
(b) 
The council may retain utility and/or drainage easements across those portions of the street, alley or other public way, or portion thereof, if it deems such reservation necessary.
(c) 
The council may require written verification from any or all franchised utilities, including but not limited to electric, gas, telephone or cable, evidencing such utilities' current or anticipated future use of the street, alley or other public way sought to be closed, narrowed or vacated.
(d) 
Prior to granting the petition, the council may require all the abutting property owners to execute with the city a written agreement accepting any and all council-imposed conditions required pursuant to this section.
(e) 
Prior to granting the petition, the council may require all abutting property owners to execute with the city a written agreement between themselves, stating what interest each claims or will claim, if any, in the underlying fee simple, should the petition be later granted.
(Ordinance 1092, § 1, 7-27-99)
Nothing herein shall be construed so as to limit the city's right to close, narrow or abandon any dedicated street, alley, public way or portion thereof in the valid exercise of its police power.
(Ordinance 1092, § 1, 7-27-99)