The provisions of this article shall be administered by the
public works director ("director"), or the directors' authorized designee.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Any person or entity who shall fail to comply with any provision of this article, or who shall construct, alter, repair, excavate or demolish in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, shall be guilty of a misdemeanor, and upon conviction shall be punished in accordance with section
1-5 of this Code. Each day any violation or noncompliance shall continue shall be a separate offense.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Any person or entity who shall fail to comply with any provision
of this article, or who shall commit any of the acts described by
this article, or be guilty of any of the omissions thereof, shall
be liable to injunctive action prohibiting the violation of this article
and shall be subject to being mandatorily enjoined to restore any
right-of-way illegally excavated to its original form and function,
and shall be liable and responsible for any and all expenses that
may be incurred by the city in connection with any such action, omission
or other violation, including reasonable attorneys' fees.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Unless approved in writing by the director, any work activity governed by this article is restricted to the hours of 7:00 a.m. to 8:00 a.m. for work preparation activities, 8:00 a.m. to 5:00 p.m. for actual work activities and 5:00 p.m. to 6:00 p.m. for work cleanup activities and vacation of the site, Monday through Friday, except for city holidays (see section
2-1).
(Ordinance 1813, sec. 1, adopted 2/23/2009)
The director may give notice to any person who violates this
article, and such person who receives such notice shall correct all
violations alleged in the notice. Failure to correct any such alleged
violations shall cause the person to be subject to penalties provided
in 16-152 and 16-153.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Notwithstanding other sanctions set forth in this article, if
any of the provisions of this article are not complied with, a permit
may be revoked or suspended by the director. If a person has not followed
the terms, conditions or specifications of this article in work done
pursuant to a prior permit, new permits may be denied or additional
requirements may be imposed.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
No permit issued under this article shall not be transferable
from the person or entity receiving the permit to another person or
entity without the written approval of the director as permitted by
state law.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
No permit or certificate of inspection shall be conclusive as
against the city that the work therein referred to has been installed
in conformity with the requirements; but the owner of the premises,
the contractor and all other persons concerned shall be obligated
to see that all matters, things and acts to which this article and
such permit or certificate relate shall conform to the regulations
of the city. All work installed in this city for any purpose whatever
shall be kept in full compliance with this article.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
The provisions of this article shall take precedence over those
of any other existing ordinance of the City of Alamo Heights which
may contain provisions that are less restrictive than those specified
in this article. However, nothing contained in this article shall
mitigate, interfere with, alter or repeal any provisions of any other
ordinance of the City of Alamo Heights not in conflict with the provisions
of this article.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
If any section, paragraph, subdivision, clause, phrase or provision
of this article shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this article as a whole
or any other provision thereof other than the part so decided to be
invalid or unconstitutional.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
No person shall commence or continue with the construction of
facilities above, upon, or beneath right-of-way in the city except
as provided by this article and pursuant to the directives of the
director issued pursuant to this article.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
The City of Alamo Heights hereby adopts by reference the most
current Utility Excavation Criteria Manual (UECM), as amended, which
is utilized by the City of San Antonio as general requirements and
procedures for excavation in public right-of-way and shall be referred
to herein as "city construction standards".
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) No
person or entity shall perform any construction of facilities in the
right-of-way without first obtaining a right-of-way permit, except
as otherwise provided by this article. The permit shall be in the
name of the person who owns or will subsequently own the facilities
to be constructed. The permit application shall be completed and signed
by the person as permittee.
(b) Construction
considered an emergency relating to existing facilities may be undertaken
without first obtaining a permit from the city. However, a contractor
shall notify the director's office as promptly as possible after beginning
the emergency construction, but in any event no later than the next
city-business day, of any emergency construction, and shall also provide
within two (2) business days a reasonably detailed description of
the construction performed in the right-of-way, and shall further
provide within ninety (90) days from the date any facilities are reconstructed
or relocated an updated map of any facilities that were affected by
such emergency construction.
(c) A permittee
shall provide the director the following information prior to the
permit being issued, and such information shall be incorporated by
reference into the permit:
(1) To whom the permit is issued;
(2) A description of the location of construction and facilities;
(3) A description of the route of all facilities to be constructed on
or about the designated right-of-way;
(4) Location of all right-of-way easements which the permittee plans
to use;
(5) Location of existing city and third-party facilities as required by section
16-172 (location and placement);
(6) Description of plans, which may be submitted as a form statement,
to restore existing facilities pursuant to this article, and other
right-of-way construction, and such plans shall comply with the standard
construction guidelines of the city, including the city construction
standards;
(7) Drawings of any bores, trenches, hand holes, manholes, switch gear,
transformers, pedestals, poles, and the such-like, including any applicable
depths and heights;
(8) Typicals of manholes and hand holes that the permittee plans to use
or access;
(9) The construction methods and materials to be employed by the permittee
for the protection of existing facilities within, above, beneath,
or adjacent to the right-of-way, all of which methods and materials
are subject to approval by the director;
(10) Estimated dates and times that construction is scheduled to be performed;
(11) The base material to be used pursuant to section
16-170 (base material) of this article;
(12) Restoration of property pursuant to section
16-181 (restoration of property) of this article;
(13) Three (3) sets of construction plans which shall be on a scale not
to exceed one inch equaling one hundred (100) feet unless otherwise
approved by the director, and the plans shall include the dimensions
from the proposed facility to permanent reference points;
(14) Detailed description of what the permittee proposes to construct,
including but not limited to, if applicable, pipe sizes, the number
of interducts, and valves;
(15) A complete legend of drawings submitted by the permittee, which may
be provided by reference to previously submitted documents, but if
symbols are used, the permittee shall provide the city with an accurate
guide to the meaning of any symbols used;
(16) A written statement that proof of insurance, bond, or other financial
information required under this article is current and on file with
the city; and,
(17) A traffic control plan acceptable to the director.
(d) All
construction in the right-of-way shall be in accordance with the right-of-way
permit for the facilities. The director shall be provided access to
the right-of-way construction and to such further information as the
director may reasonably require in order to ensure compliance with
the permit or this article.
(e) A copy
of the right-of-way permit and approved engineering plans shall be
maintained at the construction site and made available for inspection
by the director at all times when construction is occurring.
(f) All
construction authorized by permit shall be completed in the time specified
in the right-of-way permit. If the construction cannot be completed
in the specified time period, a contractor may request an extension
of time from the director. A contractor may continue work that has
been approved by the permit during the time the request for an extension
is pending, so long as the request is made prior to the expiration
of the permit.
(g) 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 shall be
provided by the contractor to the director upon request.
(h) A request
for a right-of-way permit shall be submitted at least fifteen (15)
city-business days before the commencement of the proposed construction
unless:
(1) The construction is for primary service and state law or federal
law requires construction time be less than fifteen (15) city-business
days; or
(2) The director agrees to a request by the contractor for a modified
submission date.
(i) Requests for right-of-way permits shall be promptly processed and approved or disapproved by the director but in any event no later than ten (10) city-business days after receiving all the permit information required under this article, except that, if subsection
(h)(1) of this subsection shall apply, a right-of-way permit shall be processed as soon as reasonably practical.
(j) The
director may require a pre-construction meeting with the permittee
and/or the contractor.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) When
work on a sidewalk or lane of a thoroughfare, including an alleyway
used by traffic, requires closure, the contractor shall obtain a closure
permit from the director.
(b) The
applicant shall be responsible for compliance with TXDOT rules concerning
markings, flagmen, barricades and barriers, steel plate covers, whether
the closure occurs on a state route or a city thoroughfare.
(c) The
application for a closure permit shall include point of contact, date
and time information regarding the closure.
(d) Application
fees for closure permits shall be:
(1) Sidewalks: One hundred dollars ($100.00) per day of closure.
(2) Residential thoroughfares: One hundred fifty dollars ($150.00) per
day of closure.
(3) Primary streets (Broadway, Austin Highway and North New Braunfels):
Two hundred fifty dollars ($250.00) per day of closure.
(e) In
addition to the permit fees, the following fees shall be charged:
(1) $0.0525 per square foot per day to close or block any sidewalk in
the city, with a minimum charge of five dollars ($5.00) per day (2)
$0.1050 per square foot per day to close a lane or portion of any
street or alley in the city, with a minimum charge of ten dollars
($10.00) per day for a residential street or alley or for a commercial
alley, and with a minimum charge of twenty dollars ($20.00) per day
for Broadway, Austin Highway or North New Braunfels.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Required
inspections to verify full compliance with the right-of-way permit
and all applicable codes and ordinances include, but are not limited
to, the following:
(1) Upon installation of equipment (prior to backfill);
(2) Backfill (prior to surface patch);
(b) The
fact that an inspection has been performed does not relieve, excuse,
or otherwise alleviate or minimize a contractor's obligations of otherwise
complying with this article or from complying with other obligations
or specifications legally imposed on a contractor.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Permit
fees include the cost for the initial inspection of completed work.
When the work has been reported to the city inspector as completed
and ready for inspection, and when upon such inspection the work is
found to be incomplete or defective, an additional non-refundable
fee of seventy-five dollars ($75.00) shall be paid at the time of
the next request for inspection. After the second failed inspection,
the inspection fee for each subsequent request for inspection shall
be double the previous fee.
(b) If
the inspection requires the use of outside consultants, the non-refundable
fee is the actual cost paid by the city plus a three (3) percent administrative
fee.
(c) Unless
waived by the director, inspections shall not be conducted until any
and all outstanding fees owed to the city are paid in full.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
The director shall have the authority to waive fees provided
for in this article for public agencies, licensees, franchisees, certificated
telecommunications providers and contractors providing the city with
construction or other permitted services. When deemed appropriate,
the director shall also have the authority to waive the requirement
for a contractor to acquire a right-of-way permit.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
In the event a permit holder fails to obtain all necessary inspections,
and to pass all said inspections, they shall be in violation of this
article. Violation of this article may be addressed by any combination
of the following options:
(1) Refusal
of the director to issue future permits to the violator until the
inspections are successfully obtained; and/or
(2) Such actions as are permitted under the provisions of section
16-152 and section
16-153 of this Code; and
(3) Other
such appropriate procedures and measures as might be in place in this
Code at the time of the violation(s).
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) A contractor
shall notify the director not less than twenty-four (24) hours in
advance that construction is ready to proceed and provide the name,
address, and phone number of the contractor or subcontractor(s) who
will perform the actual construction, including the name and telephone
number of an individual designated by the contractor or subcontractor(s)
who will be available for contact by the city at all times during
construction.
(b) A contractor
shall notify adjoining property owners not less than twenty-four (24)
hours in advance of any construction unless such construction constitutes
an emergency as defined and applied herein.
(c) Construction
shall be in compliance with all applicable city codes, local, state
and federal laws, and the city construction standards.
(d) A contractor
shall place at the location where construction is to occur, at least
twenty-four (24) hours prior to the beginning of construction, information
signs measuring three (3) feet by three (3) feet, stating the identity
and telephone number of the person doing the construction in the right-of-way,
and the identity and telephone number of the contractor, and said
information signs shall remain posted at the location during the entire
time the construction is occurring. If the construction is due to
an emergency as defined elsewhere in this article, the twenty-four-hour
advanced placement is not required.
(e) The
size and nature of facilities, to be in the right-of-way, including
their location, depth, height, upgrades, and other particulars, shall
be subject to the approval of the director unless such approval conflicts
with state or federal law.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Base material shall be constructed as designated on the right-of-way
permit and as required pursuant to the city construction standards.
A contractor shall notify the director not less than two (2) hours
prior to the placement of base material. Failure to do so may result
in the suspension of construction and the removal of any base material
placed without prior approval.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) A contractor's
facilities shall not be allowed to disturb city facilities, in particular
gravity-dependent facilities.
(b) The
director may direct a contractor to keep a reasonable distance from
facilities which are city-owned or leased. Facilities constructed
shall be presumed to disturb facilities which are city-owned or leased
if the existing facility, or the facility to be constructed, is within
three (3) feet horizontally of such city-owned or leased facility.
Nothing in this section shall diminish the authority of the director
to require specific placement of particular facilities.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Prior
to commencing excavation or boring, unless otherwise excepted by this
article, a contractor shall verify the horizontal and vertical location
of existing city and third-party facilities within three (3) feet
of the contractor's proposed construction. Prior to commencing excavation
or boring, unless otherwise excepted by this article, a contractor
shall verify only the horizontal location for facilities outside three
(3) feet of the contractor's proposed construction and which may be
reasonably anticipated to be disturbed by the contractor's proposed
construction.
(b) Any
facility constructed by a contractor shall maintain a minimum of six
(6) inches vertical separation when crossing any existing facility.
(c) Facilities
constructed by the contractor shall be constructed at a minimum depth
of twenty-four (24) inches, except the director may require a lesser
or greater depth if it is deemed necessary for the health, safety,
or general welfare of the public.
(d) All
bores shall be a minimum of twenty-four (24) inches below the street
gutter or edge of pavement.
(e) All
directional boring shall have a locator place bore marks and depths
while the bore is in operation. Locator shall place a mark at each
stem with a paint dot and shall mark the depth at least at every other
stem.
(f) Placement
of all appurtenances shall be approved by the director prior to placement.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) For
the purpose of conforming underground or overhead facilities for public
improvements, and as allowed by, or consistent with, state or federal
laws governing such conformance, and if it shall be deemed necessary
by the director to undertake such conformance, such conformance shall
be accomplished by contractor, at the contractor's expense and direction,
within ninety (90) days from receipt of notice from the city to contractor
unless a longer time schedule has been approved by the director. The
director will consider all reasonable and economical public improvement
alternatives prior to requiring conformance. Contractor may notify
the director of options other than conformance.
(b) Facilities
that do not conform after ninety (90) days to the stated purposes
set forth in the permit or within an extended schedule approved by
the director, are subject to removal from the right-of-way by the
city. If removal occurs, city shall not be liable for damages or other
compensation to contractor, but the city shall be responsible for
reasonable care of such removed facilities while such facilities are
in city custody and until contractor takes possession of such removed
facilities. The city shall bear no responsibility for removed facilities
not repossessed by contractor within thirty (30) days after the city
has taken custody of removed facilities.
(c) Whenever
it shall be necessary to require contractor to conform its facilities
within the right-of-way, such conformance shall be made without claim
for reimbursement or damages against the city. It is understood and
further provided, however, that the city shall not require contractor
to remove its facilities entirely from the right-of-way. If the city
requires contractor to conform its facilities to enable any entity
or person other than the city to use, or to use with greater convenience,
right-of-way, contractor shall not be required to conform its facilities
until such other entity or person shall reimburse or make arrangements
satisfactory to contractor to reimburse contractor for any loss and
expense caused by or arising out of such conformance.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Erosion
control measures, including but not limited to, backfill, silt fencing,
advance warning signs, markers, cones, and barricades shall be in
their proper locations before construction begins in the right-of-way.
The contractor shall be responsible for storm water management erosion
control that complies with city, state, and federal guidelines. Requirements
may include, but not be limited to, silt fencing in erosion areas
until reasonable vegetation is established and wire-backed silt fencing
around high erosion areas.
(b) A contractor
may be required to show proof of plans approved by the Texas Commission
on Environmental Quality and Environmental Protection Agency relating
to storm water and erosion, when applicable, or in the alternative,
written documentation verifying that contractor is not required to
obtain such plans.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Unless an emergency exists, as that term is defined herein,
traffic lane closures in the right-of-way which obstruct the flow
of traffic for longer than four (4) hours at a time may be allowed
only under the direction and permission of the director and in accordance
with the Texas Manual on Uniform Traffic Control Devices (MUTCD) and
other applicable local, state or federal law, except that the flow
of traffic on collectors or arterials cannot be obstructed for any
period of time except under the direction and permission of the director
and in accordance with the Texas Manual on Uniform Traffic Control
Devices (MUTCD) and other applicable local, state or federal law.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Except
in the event of an emergency, when a street or sidewalk cut is required,
prior written approval must be obtained from the director, and all
requirements of this article and other applicable ordinances must
be followed.
(b) Prior
to excavation of a street or sidewalk, a contractor shall be in compliance
with all local, state, and federal laws, if applicable, including
the Texas Underground Facility Damage Prevention and Safety Act, Tex.
Revised Civil Statutes Ann. Art. 9033 (Vernon Supp. 1999).
(c) All
trenches in asphalt or concrete-surfaced areas shall have a clean,
straight cut through the pavement surface prior to removal of the
surface, in accordance with city specifications, including the city
construction standards. Any cuts in sidewalks, including those cuts
required in the event of an emergency, shall be made at existing control
joints.
(d) Except
in the event of an emergency, a contractor shall notify the director
not less than two (2) hours prior to commencing a street or sidewalk
cut.
(e) A contractor
shall comply with proper traffic control during a street or sidewalk
cut. Traffic control shall be in conformance with the MUTCD and other
applicable local, state, and federal law.
(f) A contractor
shall be responsible for obtaining line locates from all affected
facilities prior to executing any street or sidewalk cut.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Backfill
shall be constructed pursuant to the city construction standards.
A contractor shall notify the director at least two (2) hours prior
to beginning backfill operations. Failure to so notify may result
in suspension of construction and removal of any unauthorized installed
backfill.
(b) Densities
may be taken to ensure compliance with standard backfill requirements.
At least five (5) days prior to the commencement of the backfill operations,
a contractor shall submit to the director a sample of the backfill
material to be used by the contractor at the construction site.
(c) In
excavations eighteen (18) inches or less in width, or where for any
reason compaction cannot be achieved with gravel backfill, flowable
concrete shall be used in place of gravel backfill in all areas within
three (3) feet of the back of the curb or the edge of pavement. Flowable
fill shall conform to the city construction standards.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Any
person or entity performing construction in city right-of-way shall
perform such construction in a manner that complies with this article,
other applicable local, state, and federal laws, and the city construction
standards.
(b) Facilities
installed after the effective date of this article shall be presumed
to be improperly constructed and substandard if:
(1) The construction endangers, or is reasonably likely to endanger,
the general public or persons using the constructed right-of-way;
(2) The facilities do not meet applicable city codes, state or federal
law, or the city construction standards;
(3) The facilities are not capable of being reasonably located pursuant
to the city construction standards, or as otherwise required by this
article;
(4) The facilities are not located in the proper place in accordance
with this article, the directives provided by the director pursuant
to this article, or the city construction standards;
(5) The facilities are placed in an area that disturbs facilities which
are city-owned or leased; or,
(6) Facilities constructed or to be constructed are within three (3)
feet horizontally of such city-owned or leased facility.
(7) Substandard construction is unacceptable to the city under this article
and may be ameliorated by the city or by a third party at the direction
of the city, and the contractor shall be liable for the costs of such
amelioration. Before amelioration is undertaken by the city or by
a third party at the direction of the city, the contractor shall be
provided notice and allowed ten (10) days, or a longer period of time
if requested by the contractor and granted by the director, to bring
the construction up to applicable standards acceptable to the city.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Any contractor requesting shall carry, and provide documentation
upon request, the following:
(1) Worker's
compensation insurance covering all employees of contractor engaged
in any operation covered by the permit;
(2) Automobile
liability insurance;
(3) General
liability insurance of at least five hundred thousand dollars ($500,000.00)
for personal injury and one hundred thousand dollars ($100,000.00)
for property damage; and
(4) Umbrella
coverage of at least one million dollars ($1,000,000.00) on an occurrence
basis and must include coverage for personal injury or death, contractual
liability, premises liability, medical damages, and explosion and
collapse hazards.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Without intending to affect or determine the legal relationship between a contractor and any third party, the permittee (as defined in subsection
16-163(a)) and the contractor shall be liable for any property damage or destruction caused by the contractor, or by any contractor or subcontractor of the contractor, as a result of the contractor or any contractor or subcontractor of the contractor constructing in the right-of-way. A designated agent or representative of the permittee and contractor shall be available to the director for contact purposes in the event of damage or destruction.
(b) A contractor
shall notify the director upon occurrence of any damage or destruction
to any facility or other property owned or leased by a third party
or by the city, in connection with construction occurring in the right-of-way,
if such occurrence happens during a city business day. If the occurrence
happens on a day other than a city business day, notification must
be given by 9:00 a.m. on the first city business day following the
occurrence.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
(a) Surface
restoration shall be constructed as designated on the right-of-way
permit and as required pursuant to the city construction standards.
A contractor shall notify the director not less than two (2) hours
prior to the placement of surface restoration material. Failure to
do so may result in the suspension of construction and the removal
of any surface material placed without prior approval.
(b) A contractor
shall be responsible for having all abandoned facilities removed within
seven (7) calendar days after their abandonment unless otherwise extended
by the director or unless the director determines that such abandoned
facilities should not be removed upon request.
(c) During
a cessation in the construction or after completion of the construction,
and in order to avoid safety hazards to vehicles and pedestrian traffic,
all street and sidewalk construction shall be restored by a contractor
within a reasonable period of time to be determined by the director.
(d) A contractor
shall restore property damaged or destroyed by construction on or
adjacent to the right-of-way to a condition that is as good as or
better than the pre-existing condition of the right-of-way or adjacent
property, as determined by the director. Streets shall be restored
based on their Pavement Condition Index (PCI) prior to construction,
as determined by the director during the application process, as follows:
(1) PCI of 0—50. Excavations in streets and/or rights of way with
PCI values of 50 or less shall be deemed to be excavations in streets
with nominal loss of life. The contractor shall promptly repair the
trench envelope and surface in accordance with specifications set
forth in the UECM.
(2) PCI of 51—85. In the event of an excavation in a street or
right-of-way having a PCI of 51—85, the contractor shall promptly
repair the trench envelope and surface, including pavement and foundation,
to the same condition, or better, than existed before the commencement
of the work in accordance with the specifications set forth in the
UECM. In the event of failure of the repair during the guaranty period,
the contractor shall reimburse the city for its pavement restoration
cost.
(3) PCI of 86—100. Excavations in streets and/or right-of-way with
PCI values of 86 or greater shall be deemed one hundred (100) percent
loss of pavement life. These excavations require block to block and
curb to curb pavement reconstruction. Use of a hot mix asphalt repaving
process is an option with approval of the director. In the event of
any trench failure in the street or right-of-way during the guaranty
period, the contractor shall reimburse the city for its costs to repair
the failure. Additionally, in the event of such failure, the contractor
shall within forty-eight (48) hours repair the subject trench envelope
if required by the director.
(e) Restoration
shall be completed in a timely manner as specified by schedules prepared
and provided by the director. Contractors of the right-of-way shall
be fully responsible for the performance of all trenches or other
restorative work for a period not to exceed twenty-four (24) months
from the completion of the work and/or inspection by the director.
Any trench or other restorative failures resulting from any work authorized
by this article shall be immediately repaired upon notification by
the city and are subject to inspection and approval by the city.
(f) All
repairs to right-of-way of any PCI are guaranteed by the contractor
making the repair and the permittee causing the repair to be made
for the life of the street. The life of the street for these purposes
is defined to be until such time as that certain street or right-of-way
is repaved by the city or another, in the same location as the excavation,
or until such time as the PCI Index of such street or right-of-way
drops to below 50.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Any user of the city right-of-way shall be required to relocate
and bear the cost of relocating their equipment to accommodate city
public works projects. Such relocation shall be completed within thirty
(30) days upon notice by the city of the requirement for such relocation.
(Ordinance 1813, sec. 1, adopted 2/23/2009)
Residential customers issued permits to excavate in the right-of-way
for the maintenance of sewer laterals for single family or duplex
residential properties shall not be subject to any fees required by
this chapter and shall only be required to restore a street or right-of-way
to a maximum PCI value of 85, even if the PCI value is determined
to be higher than 85.
(Ordinance 1813, sec. 1, adopted 2/23/2009)