[1]
Editor’s note–Former division 3 pertaining
to excavations was amended in its entirety and replaced with similar
provisions by Ordinance 2023-15 adopted 12/14/2023. Prior to the replacement,
this division derived from the following: 1995 Code of Ordinances,
Title IX, Chapter 96, secs. 96.35–96.38; Ordinance 2021-24 adopted 9/9/21; Ordinance
adopting Code.
No person shall commence or continue with the construction,
installation or operation of facilities within the right-of-way in
the city except as provided by the ordinances of the city and the
directives of the city. All construction activity in the city right-of-way
will be in accordance with this division.
(Ordinance 2023-15 adopted 12/14/2023)
(a)
Registration.
In order to protect the public health,
safety and welfare, all users of the right-of-way will register with
the city. Registration and permits will be issued in the name of the
person who will own the facilities. Registration must be renewed every
five years. For utilities with a current franchise or license, the
franchise or license will be evidence of renewal. If a registration
is not renewed and subject to 60-day notification to the owner, the
facilities of the user will be deemed to have been abandoned. 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. Registration shall include:
(1)
The name of the user of the right-of-way;
(2)
The name, street address, mailing address and telephone number
of people who will be the contact persons for the user;
(3)
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;
(4)
The names and telephone number of an emergency contact who shall
be available 24 hours a day;
(5)
Proof of insurance and bonds.
(A)
An applicant must provide 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) to the city or other levels as acceptable to the city. The
applicant's contractors must maintain $2,000,000.00 of liability
insurance.
(B)
The coverage must be on an occurrence basis and must include
coverage for personal injury, contractual liability, premises liability,
medical damages, and underground, explosion and collapse hazards.
(C)
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.
(D)
The applicant must file the required original certificate of
insurance before commencing work. The certificate must 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.
(E)
The applicant must file an annual surety bond that 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 in accordance with this code
for the work anticipated to be done in that year in the event the
applicant leaves a jobsite in the right-of-way unfinished, incomplete
or unsafe.
(F)
The above requirements may be met by utilities with a current
franchise or license if their current franchise or license adequately
provides for insurance or bonds or provides an indemnity in favor
of the city.
(b)
Construction Permit.
(1)
No person may perform any construction, installation or maintenance
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.
(A)
Emergency responses related to existing facilities may be undertaken
without first obtaining a permit; however, the city must be notified
orally within two hours and in writing within 24 hours 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. After regular
business hours, the oral notification must be provided to the city
police department.
(B)
The phrase "construction or installation of facilities" does
not include:
(2)
The permit will 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 administrator or his designee.
(3)
The person requesting a permit must provide the city administrator
or his designee with documentation in the format specified by the
city describing:
(A)
The proposed approximate location and route of all facilities
to be constructed or installed and the applicant's plan for right-of-way
construction.
(B)
Engineering plans on a scale of "one inch equals 100 feet" in
both hard copy and computer format, unless otherwise approved by city.
(C)
Detail of the location of all right-of-way and utility easements
which the applicant plans to use.
(D)
Detail of all existing city utilities, based upon information
provided by the city (to the extent such information is available),
in relationship to the applicant's proposed route.
(E)
Detail of what the applicant proposes to install, such as pipe
size, number of interducts, valves, etc.
(F)
Detail of plans to remove and replace asphalt or concrete in
streets (include city standard construction details or other standard
construction details approved by the city's engineer).
(G)
Drawings of any bores, trenches, handholes, manholes, switch
gear, transformers, pedestals, etc., including depth located in the
public right-of-way at the time construction was completed.
(H)
Handhole or manhole typicals of type of manholes or handholes
the applicant plans to use or access.
(I)
Complete legend of drawings submitted by the applicant.
(J)
Five sets of engineering plans must be submitted with the permit
application.
(K)
The name, address and telephone numbers of the construction
supervisor, contractor or subcontractor who will coordinate or perform
the actual construction, including the name and telephone numbers,
including office, cell phone and pager numbers, of an individual who
will be available at all times during construction. Such information
is required before any work commences.
(L)
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, etc.) are subject to approval
of the city administrator or his designee.
(M)
A statement that the requirements of subsection (a)(5) of this section or the applicant's franchise, if applicable, are met.
(N)
Other information required by the city.
(4)
All construction and installation in the right-of-way must be
in accordance with the permit for the facilities. The city administrator
or his designee must be provided access to the work and to such further
information as he may reasonably require to ensure compliance with
the permit.
(5)
A copy of the construction permit and approved engineering plans
must be maintained at the construction site and made available for
inspection by the city administrator or his designee at all times
when construction or installation work is occurring.
(6)
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 administrator or his designee.
The city administrator or his designee will use his best efforts to
approve or disapprove a request for permit as soon as possible.
(7)
A copy of any permit or approval issued by federal or state
authorities for work in federal or state right-of-way located in the
city must be provided to the city.
(8)
A request for a permit must be submitted at least five working
days before the proposed commencement of work in the request, unless
waived by the city administrator or his designee.
(9)
Requests for permits will be approved or disapproved by the
city administrator or his designee within five working days of receiving
all the necessary information. The city administrator or his designee
will use his best efforts to approve or disapprove a request for permit
as soon as possible.
(10)
The city or the applicant can request a pre-construction meeting
with the permittee and their construction contractor.
(11)
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.
(Ordinance 2023-15 adopted 12/14/2023)
If any of the provisions of this division are not followed,
a permit may be revoked by the city administrator or designee. If
a person has not followed the terms and conditions of this division
in work done pursuant to a prior permit, new permits may be denied
or additional terms required.
(Ordinance 2023-15 adopted 12/14/2023)
Appeal from denial or revocation of permit or from the decision
of the city administrator is to the city council. Appeal shall be
filed with the city secretary within 15 days from the date of the
decision being appealed.
(Ordinance 2023-15 adopted 12/14/2023)
(a)
The city must be notified 24 hours in advance that construction is
ready to proceed by either the right-of-way user or their contractor
or representative. At the time of notification, the right-of-way user
will inform the city of the number (or other information) assigned
from the one-call system.
(b)
All construction must be in conformance with all city codes and applicable
local, state and federal laws, including all traffic-control devices
required by the Texas Manual on Uniform Traffic-Control Devices.
(c)
Information signs stating the identity of the person doing the work
and telephone number, must be placed at the location where construction
is to occur 48 hours before the work begins in the right-of-way and
must be continually posted at the location during the entire time
the work is occurring. An informational sign must be posted on 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.
(d)
Erosion control measures (e.g., silt fence) and advance warning signs,
markers, cones and barricades must be in place before work begins.
(e)
Lane closures on city streets will be limited after 8:30 a.m. and
before 4:00 p.m. unless the city grants prior approval.
(f)
Permittees are responsible for the workmanship and any damages by
contractors or subcontractors. A responsible representative of the
permittee will be available to public works at all times during construction.
(g)
Permittees are responsible for stormwater management erosion control
that complies with city, state and federal guidelines. Requirements
include, but are not 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,
the permittee may be required to furnish documentation submitted or
received from federal or state government regarding stormwater management.
(h)
The permittee or contractor or subcontractor will notify the city
immediately of any damage to other utilities, either city or privately
owned.
(i)
It is the city's policy not to cut streets or sidewalks; however,
when a street or sidewalk cut is required and no reasonable alternative
construction methods are available, prior approval must be obtained
from the city council and all requirements of the city must be followed.
Repair of all street and sidewalk removals must be made promptly to
avoid safety hazards to vehicle and pedestrian traffic. In addition
to replacement and recompaction of base material, sidewalks or curbs
to as new condition, repair of any street cuts must include replacement
of pavement from curb to curb and corner to corner along the street
that is cut, unless otherwise approved in advance by the city council.
If additional conduit pipe is available for use, the user may not
cut any street, curb or sidewalk, must use the conduit for underground
facilities, and must reimburse the installer of that conduit pipe
for the pro rata share of actual construction cost to install the
conduit. The permittee must provide the city with a two-year maintenance
bond in an amount sufficient to protect the city's interests
as determined by the city.
(j)
Installation of facilities must not interfere with city utilities,
in particular gravity-dependent facilities.
(k)
New facilities must be installed to a depth approved by the city.
When new conduit is installed, additional conduit pipes must be installed
in the same trench as approved by the city to allow other utilities
to utilize the conduit without disturbing the city streets and sidewalks.
(l)
All directional boring shall have a locator place bore marks and
depths while the bore is in progress. The locator must place a mark
at each stem with paint dot and depth at least every other stem.
(m)
The working hours in the rights-of-way are 7:00 a.m. to 7:00 p.m.,
Monday through Friday. Work that needs to be performed after 7:00
p.m. Monday through Friday must be approved in advance by the city.
Any work performed on Saturday must be approved at least 24 hours
in advance by the city. Directional boring is permitted only Monday
through Friday, 7:00 a.m. to 7:00 p.m., unless approved in advance.
No work will be done, except for emergencies, on city holidays or
Sundays.
(n)
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 record does not satisfy this requirement.
(o)
The permittee will be responsible for verifying the location, both
horizontal and vertical, of all facilities. When required by the city,
the permittee must verify locations by pot holing, hand digging or
other method approved by the city before any excavation or boring,
with the exception of work involving lane closures, as discussed above.
(p)
Placement of all manholes or handholes must be approved in advance
by the city. Handholes or manholes may not be located in sidewalks,
unless approved by the city.
(q)
Placement of all aboveground facilities in the public right-of-way
or public utility easements must be approved in advance by the city.
All aboveground facilities must be designed and installed to minimize
the visual impact of the facilities on the surrounding property and
the possibility of adverse impact to public safety and welfare. In
addition, all aboveground facilities must be landscaped, bermed or
attractively fenced in such a manner as to screen the facilities from
view from adjacent streets and property owners. Landscaping, berms
and fencing must be approved in advance by the city. For purposes
of this subsection, the term "aboveground facilities" means equipment
or structures that protrude above the natural grade or surface of
the land, without regard to the existence of equipment or structural
components below the natural grade or the surface of the land.
(r)
The permittee, his contractors or subcontractors may not remove locate
flags. Locate flags may not be removed from a location while facilities
are being constructed.
(s)
Construction that 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.
(Ordinance 2023-15 adopted 12/14/2023)
(a)
Right-of-way users will provide the city administrator or his designee
with plans of record within 90 days of completion of facilities in
the right-of-way. Users which have facilities in the right-of-way
existing as of the effective date of the ordinance from which this
division is derived who have not provided plans of record plans must
provide one-half of the information concerning facilities in the city
right-of-way within one year after the passage of the ordinance from
which this division is derived and the remaining materials six months
thereafter. The plans must be provided to the city with as much detail
and accuracy as required by the city's engineer. All the requirements
specified for the plans submitted for the initial permit, as set forth
above, must 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 details need not include matters such as capacity of lines, customers,
or competitively sensitive details. Submittal of plans of record must
be in digital format and hard copy.
(b)
This requirement, or portions of this requirement, may be waived
by the city for good cause.
(Ordinance 2023-15 adopted 12/14/2023)
Whenever, by reason of widening or straightening of streets,
water or sewer line projects, or any other public works projects (e.g.,
install or improve storm drains, water lines, sewer lines, etc.),
it is deemed necessary by the city council 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 must be
made by the owner of the facilities at the owner's expense (unless
provided otherwise by state law or a franchise in effect on the date
the ordinance from which this division is derived is approved until
that franchise expires or is otherwise terminated) within the time
limits set by the city administrator and city engineer or their designees
working in conjunction with the owner of the facilities, or, if no
timeframe 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. Facilities not moved after 90 days or within
the approved schedule, as same may be extended from time-to-time,
are deemed abandoned after 30 days' notice.
[Ordinance 2023-15 adopted 12/14/2023]
(a)
Any person doing work in the city right-of-way must properly install,
repair, upgrade and maintain facilities.
(b)
Facilities will be considered to 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)
The facilities are not located in the proper place at the time
of construction in accordance with the directions provided by the
city.
(Ordinance 2023-15 adopted 12/14/2023)
