The purpose of this article is to:
(1)
Assist in the management of facilities placed in, on or over the
public rights-of-way in order to minimize the congestion, inconvenience,
visual impact and other adverse effects, and the costs to the citizens
resulting from the placement of facilities within the public rights-of-way;
(2)
Govern the use and occupancy of the public rights-of-way;
(3)
Assist the city in its efforts to protect the public health, safety
and welfare;
(4)
Conserve the limited physical capacity of the public rights-of-way
held in public trust by the city;
(5)
Preserve the physical integrity of the streets and highways;
(6)
Control the orderly flow of vehicles and pedestrians;
(7)
Keep track of the different entities using the right-of-way to prevent
interference between them;
(8)
Assist on scheduling common trenching and street cuts; and
(9)
Protect the safety, security, appearance, and condition of the public
rights-of-way.
(Ordinance 1295 adopted 3/12/2001)
This article applies to all persons that place facilities in,
on or over public rights-of-way.
(Ordinance 1295 adopted 3/12/2001)
In this article:
A person who controls, is controlled by, or is under common
control with a provider.
Means the same as in Local Government Code section 283.002(2),
i.e., any entity that has been granted a certificate from the state
public utility commission under chapter 54 of the Texas Utility Code
authorizing that entity to provide local exchange telephone service.
The City of Stanton, Texas. As used throughout, the term
"city" also includes the designated agent of the city.
The administrator-secretary of the city or the city administrator-secretary's
designee.
All ordinances, laws, rules, resolutions, and regulations
of the city that are not inconsistent with this article and that are
now in force or may hereafter be passed and adopted.
Any and all of the wires, cables, fibers, duct spaces, manholes,
poles, conduits, underground and overhead passageways and other equipment,
structures, plant and appurtenances and all associated physical equipment
placed in, on or under the public rights-of-way.
In order to provide said TV cable service, the grantee is
required to make application with the Federal Communications Commission
and to furnish the Federal Communications Commission with appropriate
authorizations that contain recitations and provisions consistent
with the Federal Communications Commission's standard set forth in
section 76.31 of the Federal Communications Commission's cable television
service rules.
A natural person (an individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint
stock company or association, and any other such entity.
Means the same as in the Texas Local Government Code, section
283.002(6), i.e., the area on, below, or above a public roadway, highway,
street, public sidewalk, alley, waterway, or utility easement in which
the municipality has an interest. The term does not include the airwaves
above a public right-of-way with regard to wireless telecommunications.
(Ordinance 1295 adopted 3/12/2001)
(a)
Any person seeking to excavate in the public rights-of-way shall
first file an application for a construction permit with the city
and shall abide by the terms and provisions of this article pertaining
to use of the public rights-of-way.
(b)
Any person, except a certificated telecommunications or cable TV
system provider, prior to placing, reconstruction, or altering facilities
in, on, or over the public rights-of-way, must obtain separate municipal
authorization from the city.
(c)
Any person with a current, unexpired consent, franchise, agreement
or other authorization from the city ("grant") to use the public rights-of-way
that is in effect at the time this article takes effect shall continue
to operate under and comply with that grant until the grant expires
or until it is terminated by mutual agreement of the city and the
person, or terminated as otherwise provided for in law.
(Ordinance 1295 adopted 3/12/2001)
(a)
The city administrator-secretary shall administer and enforce compliance
with this article.
(b)
A person shall report information related to the use of the public
rights-of-way that the city administrator-secretary requires in the
form and manner reasonably prescribed by the city administrator-secretary.
(c)
The city administrator-secretary shall report to the city council
upon the determination that a person has failed to comply with this
article.
(Ordinance 1295 adopted 3/12/2001)
A person is subject to reasonable police power regulation of
the city to manage its public rights-of-way in connection with the
construction, expansion, reconstruction, maintenance or repair of
facilities in the public rights-of-way, pursuant to the city's rights
as a custodian of public property, based upon the city's historic
rights under state and federal laws. Such regulations include, but
are not limited to, the following:
(1)
At the city's request, a person shall furnish the city accurate and
complete information relating to the construction, reconstruction,
removal, maintenance, and repair of facilities performed by the person
in the public rights-of-way.
(2)
A person may be required to place certain facilities within the public
rights-of-way underground according to applicable city requirements
absent a compelling demonstration by the person that, in any specific
instance, this requirement is not reasonable or feasible nor is it
equally applicable to other similar users of the public rights-of-way.
(3)
A person shall perform operations, excavations and other construction
in the public rights-of-way in accordance with all applicable city
requirements, including the obligation to use trenchless technology
whenever commercially economical and practical and consistent with
obligations on other similar users of the public rights-of-way. The
city shall waive the requirement of trenchless technology if it determines
that the field conditions warrant the waiver, based upon information
provided to the city by the person. All excavations and other construction
in the public rights-of-way shall be conducted so as to minimize interference
with the use of public and private property. A person shall follow
all reasonable construction directions given by the city in order
to minimize any such interference.
(4)
A person must obtain a permit, as reasonably required by applicable city codes, prior to any excavation in the public rights-of-way. A construction permit is not required for service connections to an individual customer's property or routine maintenance that does not require excavation of the public rights-of-way. Once a permit is issued, the person shall give to the city a minimum of twenty-four (24) hours' notice (which could be at the time of the issuance of the permit) prior to undertaking any of the above-listed activities on its network in, on or under the public rights-of-way. The failure of the person to request and obtain a permit from the city prior to performing any of the above-listed activities in, on, or over any public rights-of-way, except in an emergency as provided for in subsection (10) below, will subject the person to a stop-work order from the city and enforcement action pursuant to the city's Code of Ordinances. If the person fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.
(5)
When a person completes excavation work, the person shall promptly
restore the rights-of-way in accordance with applicable city requirements.
A person shall replace and properly re-lay and repair the surface,
base, irrigation system and landscape treatment of any public rights-of-way
that may be excavated or damaged by reason of the erection, construction,
maintenance, or repair of the person's facilities within thirty (30)
calendar days after completion of the work in accordance with existing
standards of the city in effect at the time of the work.
(6)
Upon failure of a person to perform any such repair or replacement
work, and fifteen (15) days after written notice has been given by
the city to the person, and in the event repairs have not been initiated
during such fifteen-day period, the city may repair such portion of
the public rights-of-way as may have been disturbed by the person,
its contractors, or agents. Upon receipt of an invoice from the city,
the person will reimburse the city for the costs so incurred within
thirty (30) calendar days from the date of the city invoice.
(7)
Should the city reasonably determine, within two (2) years from the
date of the completion of the repair work, that the surface, base,
irrigation system or landscape treatment requires additional restoration
work to meet existing standards of the city, a person shall perform
such additional restoration work to the satisfaction of the city,
subject to all city remedies as provided herein. Notwithstanding the
foregoing, if the city determines that the failure of a person to
properly repair or restore the public right-of-way constitutes a safety
hazard to the public, the city may undertake emergency repairs and
restoration efforts, after emergency notice has been provided to the
person, to the extent reasonable under the circumstances. A person
shall promptly reimburse the city for all cost incurred by the city
within thirty (30) calendar days from the date of the city invoice.
(8)
Upon request of a person subject to this article, the city may agree
to an alternate schedule for the submission of construction plans
and maps showing the location and proposed routing of new construction
or reconstruction at least fifteen (15) days before beginning construction
or reconstruction that involves an alteration to the surface or subsurface
of the public rights-of-way, unless otherwise approved by the city.
A person may not begin construction until the location of new facilities
and proposed routing of the new construction or reconstruction and
all required plans and drawings have been approved in writing by the
city, which approval will not be unreasonably withheld, taking due
consideration of the surrounding area and alternative locations for
the facilities and routing. Upon a showing of good cause, including
but not limited to a pending order for service that cannot be met
by means of existing facilities of the person, an expedited permit
may be requested and shall be issued or denied within two days of
application.
(9)
If the city administrator-secretary declares an emergency with regard
to the health and safety of the citizens and requests by written notice
the removal or abatement of facilities, a person shall remove or abate
the person's facilities by the deadline provided in the city administrator-secretary's
request. The person and the city shall cooperate to the extent possible
to assure continuity of service. If the person, after notice, fails
or refuses to act, the city may remove or abate the facility, at the
sole cost and expense of the person, without paying compensation to
the surrounding area and alternative locations for the facilities
and routing.
(10)
Except in the case of customer service interruptions and imminent
harm to property or person ("emergency conditions"), a person may
not excavate the pavement of a street or public rights-of-way without
first complying with city requirements. The city administrator-secretary
or designee shall be notified as promptly as possible regarding work
performed under such emergency conditions, and the person shall comply
with the requirements of city standards for the restoration of the
public rights-of-way.
(11)
Within sixty (60) days of completion of each new permitted section
of a person's facilities, the person shall supply the city with a
complete set of "as built" drawings for the segment in a format used
in the ordinary course of the person's business, to the extent they
are prepared in the ordinary course of business, but excluding customer
specific, proprietary or confidential information, and as reasonably
prescribed by the city, and as allowed by law. The city may, at its
discretion, accept in lieu of "as built" drawings, any reasonable
alternative which provides adequate information as to the location
of facilities in the public rights-of-way.
(12)
The city may require reasonable bonding requirements of a person, as are required of other entities that place facilities in the public rights-of-way. Bonding requirements may be waived or modified by the director upon a showing of good cause. Any person with a current, unexpired consent, franchise, agreement or other authorization from the city to use the public rights-of-way that complies with the insurance requirements in this article by self-insurance (as set forth in section 10.03.008) is exempt from additional bonding requirements.
(13)
In determining whether any requirement under this section is unreasonable
or unfeasible, the city administrator-secretary shall consider, among
other things, whether the requirement would subject the person or
persons to an unreasonable increase in risk or service interruption,
or to an unreasonable increase in liability for accidents, or to an
unreasonable delay in construction or unavailability of its services,
or to any other unreasonable technical or economic burden.
(Ordinance 1295 adopted 3/12/2001)
(a)
In the exercise of governmental functions, the city has first priority
over all other uses of the public rights-of-way. The city reserves
the right to lay sewer, gas, water, and other pipelines or cables
and conduits, and to do underground and overhead work, and attachments,
restructuring or changes in aerial facilities in, across, along, over
or under a public street, alley or public rights-of-way occupied by
person, and to change the curb, sidewalks or the grade of 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.
(c)
If the city authorizes abutting landowners to occupy space under
the surface of any public street, alley, or public rights-of-way,
the grant to an abutting landowner shall be subject to the rights
of the previously authorized user of the public rights-of-way. If
the city closes or abandons a public right-of-way that contains a
portion of a person's facilities, the city shall close or abandon
such public right-of-way subject to the rights of the person.
(d)
If the city gives written notice, a person shall temporarily or permanently remove, relocate, change or alter the position of person's facilities that are in the public right-of-way within 120 days, except in circumstances that require additional time as reasonably determined by the city based upon information provided by the person. For projects expected to take longer than 120 days to remove, change or relocate, the city will confer with person before determining the alterations to be required and the timing thereof. The city shall give notice whenever the city has determined that removal, relocation, change or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a city or other governmental public improvement in the public rights-of-way. This section shall not be construed to require a person to bear the cost of relocation or removal, except as required under state law, nor shall it be construed to require relocation or removal if the improvements are solely for beautification purposes, without prior joint deliberation and agreement with person. If the person fails to relocate facilities in the time allowed by the city in this section, the person may be subject to liability to the city for such delay and as set forth in the city Code of Ordinances, now or hereafter enacted. Notwithstanding anything in this subsection (d), the city administrator-secretary and a person may agree in writing to different time frames than those provided above if circumstances reasonably warrant such a change.
(e)
A person may trim trees in or over the rights-of-way for the safe
and reliable operation, use and maintenance of its facilities. All
tree trimming shall be performed in accordance with standards promulgated
by the city. Should the person, its contractor or agent fail to remove
such trimmings or have them removed within twenty-four (24) hours,
the city may remove the trimmings or have them removed, and upon receipt
of a bill from the city, the person shall promptly reimburse the city
for all costs incurred within thirty (30) working days.
(f)
A person shall temporarily remove, raise or lower its aerial facilities
to permit the moving of houses or other bulky structures, if the city
gives written notice of no less than five (5) days. The expense of
these temporary rearrangements shall be paid by the party or parties
requesting and benefitting from the temporary rearrangements. The
person may require prepayment or prior posting of a bond from the
party requesting the temporary move.
(Ordinance 1295 adopted 3/12/2001)
(a)
The person shall obtain and maintain insurance in the amounts reasonably
prescribed by the city with an insurance company licensed to do business
in the State of Texas. A person shall furnish the city with proof
of insurance at the time of the request for construction permits.
The city reserves the right to review the insurance requirements and
to reasonably adjust insurance coverage and limits when the city administrator-secretary
determines that changes in statutory law, court decisions, or the
claims history of the industry or the person require adjustment of
the coverage. For purposes of this section, the city will accept certificates
of self-insurance issued by the State of Texas or letters written
by the person in those instances where the state does not issue such
letters, which provide the same coverage as required herein. However,
for the city to accept such letters the person must demonstrate by
written information that it has adequate financial resources to be
a self-insured entity as reasonably determined by the city, based
on financial information requested by and furnished to the city. The
city's current insurance requirements are described in exhibit "A"
attached to Ordinance 1295.
(b)
The person shall furnish, at no cost to the city, copies of certificates
of insurance evidencing the coverage required by this section to the
city. The city may request the deletion, revision or modification
of particular policy terms, conditions, limitations or exclusions,
unless the policy provisions are established by a law or regulation
binding the city, the person, or the underwriter. If the city requests
a deletion, revision or modification, a person shall exercise reasonable
efforts to pay for and to accomplish the change.
(d)
The person shall file and maintain proof of insurance with the city
administrator-secretary. An insurance certificate obtained in compliance
with this section is subject to city approval. The city may require
the certificate to be changed to reflect changing liability limits.
A person shall immediately advise the city attorney of actual or potential
litigation that may develop and may affect an existing carrier's obligation
to defend and indemnify.
(e)
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.
(f)
The policy clause "Other Insurance" shall not apply to the city if
the city is an insured under the policy.
(g)
The person shall pay premiums and assessments. A company which issues
an insurance policy has no recourse against the city for payment of
a premium or assessment. Insurance policies obtained by a person must
provide that the issuing company waives all right of recovery by way
of subrogation against the city in connection with damage covered
by the policy.
(Ordinance 1295 adopted 3/12/2001)
(a)
Except as to certificated telecommunications providers, or cable
TV systems, 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 (i) for the
repair, replacement, or restoration of the 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,
(ii) from and against any and all claims, demands, suits, causes of
action, and judgments for (a) damage to or loss of the property of
any person (including but not limited to the person, its agents, officers,
employees and subcontractors, the city's agents, officers and employees,
and third parties); and/or (b) 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,
the person's subcontractors and the city, and third parties), arising
out of, incident to, concerning or resulting from the negligent or
willful acts or omissions of the person, its agents, employees, and/or
subcontractors, in the performance of activities pursuant to this
article.
(b)
This indemnity provision shall not apply to any liability resulting
from the negligence of the city, its officers, employees, agents,
contractors, or subcontractors.
(c)
The provisions of this indemnity is solely for the benefit of the
city and is not intended to create or grant any rights, contractual
or otherwise, to any other person or entity.
(Ordinance 1295 adopted 3/12/2001)
The provisions of this article are severable. However, in the
event this article or any procedure provided in this article becomes
unlawful, or is declared or determined by a judicial, administrative
or legislative authority exercising its jurisdiction to be excessive,
unenforceable, void, illegal or otherwise inapplicable, in whole or
in part, the remaining and lawful provisions shall be of full force
and effect and the city shall promptly promulgate new or revised provisions
in compliance with the authority's decision or enactment.
(Ordinance 1295 adopted 3/12/2001)
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 of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of-way, pursuant to sections 10.03.006 and 10.03.007 or as otherwise provided by law.
(Ordinance 1295 adopted 3/12/2001)
The city council may authorize its attorney to initiate appropriate
actions in a court of competent jurisdiction to enforce the provisions
of this article or to enjoin such violations which occur within the
city or any area subject to all or part of the provisions of this
article. Any person in violation of any provision of this article
shall be subject to a fine not to exceed five hundred dollars ($500.00).
Each day of violation under this article shall be a separate violation.
Prosecution or conviction under this provision shall not be a bar
to any other remedy or relief for violations of this article.
(Ordinance 1295 adopted 3/12/2001)
