City of Hutto, TX Right-of-Way Management

Registration.

All public service providers with existing facilities within the public right-of-way who are not already registered with the city, must register with the city within thirty (30) days of the effective date of any amendments to the registration requirements of this article. All public service providers shall register each year by the anniversary of the first registration following any amendment to this article as provided by this section. Any public service provider who does not have existing facilities within the public right-of-way and who wishes to install new facilities must first register with the city. Registration shall be in accordance with the following requirements:

Prior to registration, a public service provider must have authorization to place facilities within the public right-of-way through either a franchise, franchise ordinance approved by the city council, or license agreement with the city; certification by the Texas Public Utilities Commission as a certificated telecommunications provider under article 283 of the Texas Local Government Code; a state issued cable franchise under article 66 of the Texas Utilities Code; or other legal authority. Registration shall otherwise be denied.

The registration must be on a form furnished by the city and made in the name of the public service provider that owns the facilities. The form must be filled out completely and accurately. Any omissions or inaccuracies on the form may be cause for denial of the registration at the city's discretion.

If information provided as part of the registration changes, the public service provider must inform the city in writing not more than 30 days after the date the change occurs.

The public service provider shall include the following with the registration:

The name of the public service provider using the public right-of-way, including any business name, assumed name, or trade name the public service provider operates under, or has operated under within the past 5 years.

A copy of the document or other legal authority authorizing the public service provider to use the public right-of-way such as a franchise, a franchise ordinance issued by the city, or license issued by the city, or any state issued certification or franchise.

The name and mailing address of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider.

The public service provider must provide proof of insurance and appropriate bonds. The requirements for insurance and bonds are provided below.

(E)

Insurance.

Prior to the construction in the public right-of-way, the public service provider must provide, and users must maintain, acceptable proof of liability insurance in the total amount listed below, or other provisions as acceptable to the city manager. The city reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the city manager determines that changes in statutory law, court decisions, or the claims history of the industry or the applicant or user require adjustment of the coverage. Certificates issued pursuant to Texas Utilities Code section 53.064 of self-insurance must be reviewed and approved by the city manager. Proof of existing insurance shall comply with the following requirements:

Workers' Compensation and Employer's Liability Insurance
Workers' compensation	Statutory limit
Employer's liability	$1,000,000.00 each accident $1,000,000.00 disease—each employee $1,000,000.00 disease—policy limit

Liability Insurance
Commercial general liability (No standard coverages are to be excluded by endorsement. XCU and contractual liability are not to be excluded.)	$1,000,000.00 per occurrence/$2,000,000.00 aggregate

Automobile Liability Insurance
Commercial auto liability (including coverage for owned, hired, and nonowned autos)	$1,000,000.00 combined single limit

Umbrella Liability
(Following form and drop down provisions included)	$5,000,000.00 each occurrence

Any combination of underlying coverages providing equal or better liability limits is acceptable.

In addition to the above requirements, the insurance shall:

Be written with the city as an additional insured except on workers compensation and employer's liability insurance, and on the general liability policy, the city shall be named as additional insured for ongoing operations as well as completed operations.

Be written through companies duly authorized to transact that class of insurance in the state. Insurance is to be placed with insurers with a best rating of no less than A:VIII.

Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the city. It being the intention that the required insurance policies shall protect all parties and be primary coverage for all losses covered by the policies.

Provide that notice of claims shall be provided to the city by certified mail.

(iii)

The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards.

(iv)

Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits and ten (10) days' notice of cancellation for nonpayment of premium.

(v)

The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts. The city may accept a certificate of insurance or the city may require another form of legally binding proof of insurance.

(vi)

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.

(vii)

The policy clause "other insurance" shall not apply to the city if the city is an additional insured under the policy.

(F)

Bonds.

Each year, the public service provider shall, without cost to the city, provide performance, payment and maintenance bonds for the construction work anticipated to be performed in the public rights-of-way in the upcoming year. Each bond shall be in the amount of the estimated costs to restore the public rights-of-way for the work anticipated to be done in that year. The performance bond shall be conditioned upon the faithful performance of the work in the public rights-of-way. The payment bond shall be conditioned upon payment of all persons supplying labor or furnishing materials for said work. The maintenance bond shall guarantee the work for two years from the date of its completion. Each bond shall be executed by a surety company authorized to do business in the state and acceptable to the city.

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.

(G)

Indemnity.

Each person placing facilities in the public right-of-way shall promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses:

For the repair, replacement, or restoration of city's property, equipment, materials, structures, and facilities which are damaged, destroyed or found to be defective as a result of the person's acts or omissions; and

From and against any and all claims, damages, suits, causes of action, and judgments for:

Damage to or loss of the property of any person (including, but not limited to, the person, its agents, officers, employees and subcontractors, city's agents, officers and employees, and third parties); and/or

Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the agents, officers and employees of the person, person's subcontractors and city, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the person, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article.

This indemnity provision shall not apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors, or subcontractors.

(iii)

The provisions of this indemnity are solely for the benefit of the city and are not intended to create any rights, contractual or otherwise, to any person or entity.

(iv)

A permittee who is a certificated telecommunications provider as defined in article 283, Texas Local Government Code, as amended, shall give the city the indemnity provided in section 283.057, Texas Local Government Code, as amended. A permittee who is a network provider as defined in article 284, Texas Local Government Code, as amended, shall give the city the indemnity provided in section 284.302, Texas Local Government Code, as amended.

(v)

This section (G), indemnity, is not applicable to certificated telecommunications providers or network providers under Texas Local Government articles 283 and 284, respectively. Certificated telecommunications providers shall indemnify the city pursuant to article 283 of the Texas Local Government Code, as amended. Network providers shall indemnify the city pursuant to article 284 of the Texas Local Government Code, as amended.

(vi)

This indemnity provision shall not apply to any liability resulting from the gross negligence of the city, its officers, employees, agents, contractors, or subcontractors.

(vii)

The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

(viii)

(H)

Request for waiver.

A public service provider may submit a written request for a waiver from the above-referenced bonding requirements.

The request shall set forth in detail the public service provider's performance history in the city demonstrating a record of at least four year's performance of work in the public right-of-way free of currently unsatisfied claims for damage to the public right-of-way.

Within 30 calendar days of receipt of a written request for a waiver, the city shall grant a waiver to the bonding requirements upon a finding that the public service provider has demonstrated a record of at least four year's performance of work in the public right-of-way free of currently unsatisfied claims for damage to the public right-of-way.

(iii)

The waiver for bonding requirements may be revoked by the city based upon the performance of work within the public right-of-way by the public service provider or its contractor.

(iv)

As an alternative to the maintenance bond requirements under subsection (F), a public service provider may provide funds in escrow or a letter of credit acceptable to the city.

(v)

As an alternative to the public service provider providing performance, payment, and maintenance bonds under subsection (F), a public service provider's contractor may provide the required performance, payment, and maintenance bonds if those bonds comply with this article and are acceptable to the city.

(I)

Existing franchise or license.

The requirements for insurance and bonding may be met by public service providers with a current franchise, a franchise ordinance issued by the city, or license if their current franchise or license adequately provides for insurance and bonds and provides an indemnity in favor of the city.

Authorization.

Municipal authorization or license agreement shall be required, except when clearly preempted by state law. Nothing in this article shall be considered to grant authorization to any user. When any state law authorizing right-of-way use is struck down, pre-empted, declared to be invalid or void, in whole or in part, the user relying upon said law for authorization shall seek separate authorization or shall cease using the right-of-way.

When municipal authorization or agreement is required, permit for construction work may not be submitted until said authorization or agreement is obtained.

Municipal authorization does not extend to the use of any property or facilities other than the right-of-way.

This article does not constitute or create authority to place, reconstruct, or alter facilities in, on, or over the public rights-of-way, and said authority must be obtained by separate instrument in accordance with this section or by operation of other laws.

Compensation and fees.

Municipal right-of-way use shall be compensated as required by the state constitution, state law, franchise, license or other agreement.

The city may structure due dates on payments in such a manner so as to be administratively efficient.

Application fees, as allowed by state law, for work or installations in the public right-of-way shall be the fees set by the city council. Such fees may be set by ordinance, resolution, in the budget or by any other lawful means.

Failure to pay application fees, or failure of any payment to properly process shall result in the denial or withdrawal of a permit.

Right-of-way permit.

Only authorized representatives of a public service provider may submit a right-of-way permit application on behalf of the public service provider. Each year by January 1st, all public service providers shall provide the city with a current list of authorized contractors who may submit permit applications on their behalf. A person shall not perform any construction, except for an emergency activity or for those activities described in sections 18.03.053 and 18.03.058 below, within a public right-of-way without first obtaining a permit from the city prior to the start of construction. A person who undertakes any work outside of the public right-of-way that will cut, break, or otherwise damage the public right-of-way shall also obtain a permit.

Registration required.

Prior to obtaining a permit, the public service provider must be registered with the city. All authorized contractors of a public service provider must be registered.

Exception.

A permit is not required if the activity in the public right-of-way consists exclusively of:

Routine maintenance or repair of facilities that does not involve any of the following: the cutting or breaking of pavement; the closure of a traffic lane for longer than 24 hours; boring; or excavation greater than 100 cubic feet;

A connection of real property to a utility service on the same side of the public right-of-way, if the connection does not require a pavement cut in the public right-of-way;

The replacement of a single damaged pole when all work is within ten feet of the damaged pole; or

Installation of aerial lines on existing poles.

Right-of-way permit requirements.

The following procedures and requirements govern the application for and issuance of a permit to perform construction within the public right-of-way:

A permit application must be made in writing on a form obtained from the city. The application must be signed and submitted by the permittee on behalf of the owner of the facility for which the permit is requested. The application for permit must be filled out completely and accurately. Any omissions or inaccuracies on the form may be cause for denial of the permit at the city's discretion.

A permit application must be submitted to the city in accordance with the timeframes specified in the public right-of-way permitting and construction manual.

The city shall state on the permit any reasonable additional restrictions or requirements determined necessary. These additional restrictions or requirements shall be considered a part of the permitted activity.

The permittee shall, as an express condition of the permit, comply in all respects with the requirements prescribed for the permitted activity in the public right-of-way permitting and construction manual and with all other city ordinances and state or federal laws or regulations affecting the permitted activity.

The permit application must include submittal of construction plan drawings. The plans must conform to the standards set forth in the public right-of-way permitting and construction manual and with all other city ordinances, specifically section 18.03.053(c), and state or federal laws or regulations affecting the permitted activity. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the state.

Reimbursement of costs:

The permittee shall, as an express condition of the permit, reimburse the city for the actual direct and indirect costs associated with the permit, unless thecitycode, a franchise ordinance, or agreement with the city provides otherwise. Reimbursement to the city shall be made within thirty (30) calendar days of the receipt of an invoice from the city.

Reimbursement does not apply to a permittee when state law, thecitycode, a franchise ordinance, or agreement with the city provides that a fee may not be charged for construction within the public right-of-way, establishes the amount of the fee that may be charged, or provides that the city's actual direct and indirect costs may not otherwise be reimbursed, including a permittee that is a certificated telecommunications provider operating under Texas Local Government Code article 283, a network provider operating under Texas Local Government Code article 284, a cable or video service provider operating under Texas Utilities Code article 66, or a gas utility company or electric utility company operating pursuant to a franchise ordinance under the city code or state law.

Right-of-way permit expiration: If no construction has commenced under a permit within ninety (90) calendar days after issuance of the permit, the permit becomes null and void, and a new permit is required before construction may be performed in the public right-of-way. An extension to a permit may be granted by the city only before the permit expires.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.053 Construction in the right-of-way.

No person shall perform any construction or installation of facilities in the public 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.

Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the city should be notified in writing within two (2) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the public right-of-way, reasons for the valid need to perform responses, and an updated map of any facilities that were relocated, if applicable.

The phrase "construction or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement; the closure of a nonresidential traffic lane; excavation or boring.

The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the city manager or designee.

The person requesting a permit will provide the city manager or designee with documentation in the format specified by the city manager describing:

The proposed, approximate location and route of all facilities to be constructed or installed and the applicant's plan for public right-of-way construction should be shown on a set of scaled dimensioned construction plans, plan/profile sheet, a street view and an aerial map. Said plans should indicate the current public right-of-way lines and any existing city facilities. Said plans shall show any proposed underground conduit, type of casing pipe required, if applicable, overhead lines, network nodes, ancillary equipment, or any other facilities to be installed. The drawings shall show a cross-sectional profile, identify all existing utilities and any existing or potential utility conflicts.

For installation of any proposed pole applicant shall provide sectional detail showing depth of anchor, scaled dimensional drawings of the proposed pole, as well as any other proposed equipment associated with the proposed installation, and shall indicate spacing from existing curb, driveways, sidewalk, light poles, and any other poles or appurtenances.

All applications shall include a before and after street view image. The after-image needs to include any proposed poles and all proposed attachments, and any associated or ancillary equipment, whether attached or standalone.

If the project is within the state right-of-way, the applicant must provide evidence of a permit or permission from the state.

If a city pole or poles or light structure or structures will be used or will be in the area of the proposed construction, the pole or poles or light structure or structures will be identified. No electric meter shall be mounted on a city pole or light structure.

Provider/applicant shall use two hundred and forty (240) voltage when connecting to any city infrastructure and provide key to meter upon installation.

All plans shall reflect that no facilities to be installed will obstruct an existing or planned sidewalk, walkway, bicycle lane or lane of vehicular traffic.

Engineering plans which will be on a scale of one (1) inch equals fifty (50) feet unless otherwise approved by city manager.

Detail of the location of all right-of-way and utility easements which applicant plans to use.

(10)

Detail of all existing city utilities in relationship to applicant's proposed route.

(11)

Detail of what applicant proposes to install, such as network nodes, poles, pipes, size, number of innerducts, valves, or other facilities.

(12)

Detail of plans to remove and replace asphalt or concrete in streets.

(13)

Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, network nodes, micro-network nodes, or other facilities, including depth located in public right-of-way.

(14)

Handhole and/or manhole typicals of type of manholes and/or handholes applicant plans to use or access.

(15)

Complete legend of drawings submitted by applicant.

(16)

Five (5) sets of engineering plans must be submitted with permit application.

(17)

The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work.

(18)

The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the public right-of-way, and the dates and times work will occur, all of which (methods, dates, times, and other applicable information) are subject to approval of the city manager or designee.

(19)

A statement that the requirements of section 18.03.052(a) are or can be met. Although it is not required to complete the registration if a permit application has already been submitted, it is encouraged.

(20)

A traffic-control plan approved by the city manager, which shall specify the traffic-control measures to be provided, a SWPPP according to subsection (21) below, and trench safety plan which shall meet U.S. Occupational Safety and Leath Administration Standards may also be required based on the proposed scope of work. An approved traffic-control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.

(21)

The permittee shall submit with the permit application two sets of a Stormwater Pollution Prevention Plan (SWPPP) to the city in cases where stream crossings are open cut, unless the work is being performed under an SWPPP submitted by another entity. When working under the SWPPP of another entity, the plan shall identify the SWPPP under which the utility is performing the work. In all other cases, the permittee is required to implement erosion control measures for construction activities in accordance with the Stormwater Pollution Control article of the city code, as amended, and other Hutto ordinances and State or Federal laws and regulations.

(22)

No projecting attachments shall be less than eight (8) feet above the ground, if not projecting toward the street. If an attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground.

(23)

Any proposed work that involves the installation of facilities that will utilize radio frequencies shall not cause any interference with city public safety radio system, traffic signal light system or other city communications systems or components, regardless of whether or not a permit is required. The public right-of-way user shall provide evidence in a form acceptable to the city that the proposed installation will be compatible with said city systems and will not cause any interference with the city public safety radio system, traffic signal light system or other city communications systems or components. No installation shall be allowed to be installed or to remain in the public right-of-way that causes any such interference.

(24)

The plans shall demonstrate that all federal and state laws and city ordinances will be obeyed, and that all sections of this article, including division 3 "Design Manual" will be complied with as applicable. Construction in public right-of-way adjacent to a school shall be required to follow all state law requirements, including the requirements in the Texas Education Code regarding work on school grounds, as applicable.

All construction and installation in the public right-of-way shall be in accordance with the permit for the facilities. The city manager or designee shall be provided access to the work and to such further information as he or she may reasonable require to ensure compliance with the permit.

A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city manager or designee at all times when construction or installation work is occurring.

All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the city manager or designee. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.

(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, if requested by the city manager and a copy of written permission for work in railroad right-of-way from the applicable railroad if requested by the city manager;

(h)

A request for a permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the city manager or designee.

Requests for permits will be approved or disapproved by the city manager or designee within a reasonable time or receiving all the necessary information. The city manager or designee will use best efforts to approve or disapprove a request for permit as soon as possible.

(j)

The city manager or the applicant can request a pre-construction meeting with the permittee and their construction contractor.

(k)

Permit applications are required for construction on new, replacement or upgrading of the company's facilities in the public right-of-way either aerial or underground.

(l)

The failure of a person to request and obtain a permit from the city prior to performing any of the above listed activities in, or over any public right-of-way, except in an emergency, will subject the person to a stop-work order from the city and enforcement action pursuant to thecitycode.

(m)

If the person receiving the permit fails to act upon the permit within one hundred eighty (180) calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.

(n)

If state or federal law provides that a permit is not required for certain work to be done, then a person proposing to do such work shall be required to provide notice two (2) working days prior to performing such work. This requirement must be met, even if no permit is required pursuant to state or federal law.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.054 Construction and maintenance standards.

The following shall be required when facilities are constructed in the public right-of-way, regardless of whether a permit is required, and, to the extent applicable, for as long as the facilities remain in the public right-of-way.

The city must be notified twenty-four (24) hours in advance that construction is ready to proceed by the public right-of-way user, their contractor or representative. The right-of-way user or contractor must have previously called for any needed locations for public right-of-way facilities. At the time of notification, the public right-of-way user will inform the city manager of the number (or other information) assigned from the one-call system. The provider must have previously contracted the city and obtained all needed locational information for city utilities.

All construction shall be in conformance with all city codes and applicable local, state and federal laws and must be done in a good and workmanlike manner and in accordance with all applicable sections of this article.

Three by three (3 x 3) feet information signs stating the identity of the person doing the work, telephone number and permittee's identity and telephone number shall be placed at the location where construction is to occur forty-eight (48) hours prior to the beginning of work in the public right-of-way and shall continue to be posted at the location during the entire time the work is occurring. An informational sign will be posted on public right-of-way one hundred (100) feet before the construction location commences and each one hundred (100) feet thereafter, unless other posting arrangements are approved or required by the city manager.

Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins. When making a pavement cut or excavation, or placing soils or excavated material in or along a public right-of-way, the permittee shall place barricades, warning signs, and warning lights at the location sufficient to warn the public of the hazard of the open cut, excavation, spoils, or excavated material.

Lane closures on major thoroughfares will be limited after 8:30 a.m. and before 4:00 p.m. unless the city manager grants prior approval. Arrow boards will be required on lane closures, with all barricades, advanced warning signs and thirty-six (36) inch reflector cones placed according to the specifications of the city manager and must be in accordance with the filed lane closure plan approved by the city manager.

Permittees are responsible for the workmanship and any damages by contractors or subcontractors. A responsible representative of the permittee will be available to city staff at all times during construction.

Permittee shall be responsible for stormwater management erosion control that complies with city, state and federal guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. Upon request permittee may be required to furnish documentation submitted or received from federal or state government.

Permittee or contractor or subcontractor will notify the city manager immediately of any damage to other utilities, either city- or privately owned.

It is the city's policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior approval must be obtained by the city manager and all requirements of the city manager shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic.

(10)

Installation of facilities must not interfere with city utilities, in particular gravity dependent facilities.

(11)

New facilities must be installed to a depth approved by the city manager.

(12)

All directional boring shall have locator place bore marks and depths while bore is in progress. The boring method and bore pit locations shall be identified. Locator shall place mark at each stem with paint dot and depth at least every other stem.

(13)

The working hours in the public rights-of-way are 9:00 a.m. to 4:00 p.m., Monday through Friday. Work that needs to be performed after 4:00 p.m. Monday through Friday must be approved in advance. Any work performed on Saturday must be approved twenty-four (24) hours in advance by the city manager. Directional boring is permitted only Monday through Friday 9:00 a.m. to 4:00 p.m., unless other hours are approved in advance. No work will be done on Sundays or city holidays, except for emergencies.

(14)

People working in the public right-of-way are responsible for obtaining line locates from all affected utilities or others with facilities in the public right-of-way prior to any excavation. Use of the geographic information system or the plans of records does not satisfy this requirement.

(15)

Permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the city manager, permittee shall verify locations by pot holing, hand digging or other method approved by the city manager prior to any excavation or boring with the exception of work involving lane closures, as discussed above.

(16)

Placement of all manholes and/or hand holes must be approved in advance by city manager. Handholes or manholes will not be located in sidewalks, unless approved by the city manager.

(17)

Locate flags shall not be removed from a location while facilities are being constructed.

(18)

Construction which requires pumping of water or mud shall be contained in accordance with city ordinances and federal and state law and the directives of the city manager.

(19)

All facilities installed in the public right-of-way shall be in earth tone colors or in colors that blend with the surroundings, or if on a service pole or municipally owned pole shall match the color and finish of the pole, or must be approved by the city.

(20)

All facilities installed in the public right-of-way shall be capable of being identified through a GIS shape file or other means as acceptable to the city manager or designee. Said identification shall be provided at the time of application and shall be visible on the facilities when installed.

(21)

Aboveground wires shall be located on only one (1) side of the public right-of-way.

(22)

The public right-of-way user or contractor must obtain any needed permits for electrical work and provide sealed engineered drawings for conduit size, circuit size, calculations for amperage, or any other required information. Provider shall be responsible for obtaining any required electrical power service to any installation. Any such electrical supply must be separately metered and must match city infrastructure voltage.

(23)

Public right-of-way users shall complete construction as expeditiously as possible and lane closures or work that inconveniences the traveling public shall be minimized. Lane closures shall not last longer than four (4) hours, unless a different period of time is shown on the permit.

(24)

Public right-of-way work shall be completed in the amount of time shown on the permit; but if no completion time is shown on the permit the work shall be complete in not more than one (1) year.

(25)

All public right-of-way work and facilities installed shall be done in a good workmanlike manner; shall meet all applicable codes; shall be maintained and kept in good repair and shall be aesthetically pleasing. Good repair includes, but is not limited to:

Location markers shall be no greater than five degrees from vertical;

Location markers shall not be rusty and shall be legible;

Ground-mounted utility boxes shall not be broken or have missing covers;

Temporary repairs shall not remain in place for more than 10 working days, unless otherwise agreed to by the city;

(E)

Screening fences, landscaping, and irrigation systems shall be maintained in accordance with the city's unified development code;

(F)

Painted structures and facilities shall be maintained such that the paint is not peeling, chipping, or faded;

(G)

Damaged/replaced poles shall be removed completely from the public right-of-way and repairs made to the area the poles are removed from. Repairs to the area around the damaged/replaced pole shall be of the same material as that of the area immediately surrounding the damaged/replaced pole.

(H)

Debris from construction or replacement of poles or other facilities shall be removed in a timely manner.

(26)

All efforts shall be made to avoid or minimize negative visual impact to the surrounding area and to enhance the safety requirement for vehicles and pedestrians, particularly in areas where small children or other vulnerable members of the population may be located.

(27)

Installations which require ancillary ground equipment with a footprint of twenty-five (25) square feet or more shall be spaced at least three hundred (300) feet apart.

(28)

(29)

A statement that the requirements of section 18.03.052(a) are or can be met.

(30)

A traffic-control plan, which shall specify the traffic-control measures to be provided, SWPPP, and trench safety plan may also be required based on the proposed scope of work. An approved traffic-control plan shall be required any time work will require traffic lane closures or sidewalk closures, regardless of whether a permit is required, and shall comply with the most current edition of the Texas Manual on Uniform Traffic-Control Devices, as amended. The permittee shall submit a site-specific traffic control plan, when applicable, to the engineering department and obtain approval prior to the lane closure.

(31)

(32)

If a street or alley must be totally closed for any duration, the permittee shall provide for reasonable alternative access to the adjacent properties at all times. If a sidewalk is to be closed or blocked for longer than one day, the permittee shall provide a reasonable alternative for pedestrian access. Sidewalks designated as school routes shall be open at all times, or a reasonable alternative shall be provided before work commences. Reasonable alternatives for sidewalks shall provide thirty-six (36) inches minimum surface width.

(33)

The permittee and any person responsible for construction shall protect the public right-of-way surface, and all existing facilities and improvements both above and below ground from excavated materials, equipment operations, and other construction activities. Particular attention must be paid to ensure that no excavated material or contamination of any type is allowed to enter or remain in a water or wastewater main or access structure, drainage facility, or natural drainage feature, or floodplain.

(34)

The permittee has the exclusive responsibility to coordinate with other public service providers to protect all existing facilities in the public right-of-way in which the construction occurs. Acceptance of the plans and issuance of a permit does not constitute liability on the city's part for any damage to existing facilities.

(35)

The permittee has the exclusive responsibility to locate the extent of the public right-of-way. Acceptance of the plans and issuance of a permit does not constitute liability on the city's part for any facilities placed on private property. If facilities are placed on private property, it is the public service provider's responsibility to contact property owners and acquire easements, or move the facilities.

(36)

The contractor will maintain at all times on the job site a responsible person authorized and capable to receive and relay instructions from the city.

Aboveground utility structures shall meet the following requirements:

Aboveground utility structures exceeding two feet in height shall not be placed within any intersection visibility triangle, as defined in the city's unified development code or design criteria manual.

Aboveground utility structures, not including poles, less than sixty (60) cubic feet in volume, with no dimension greater than six feet, may be placed within the public right-of-way without screening.

Aboveground utility structures, not including poles, equal to or greater than sixty (60) cubic feet in volume, and less than 240 cubic feet in volume, and less than seven feet in height shall:

Be placed within a public or private utility easement outside the street right-of-way; and

Be screened on all sides except for the sides containing openings for access to the structure.

Structures equal to or greater than two-hundred forty (240) cubic feet in volume, or more than seven feet in height shall be located in a private utility easement or other private property and shall be screened on all sides except for the sides containing the openings for access to the structure, and shall be subject to requirements of the unified development code.

The dimensions of the supporting foundation or pad shall allow for existing and proposed sidewalks.

Aboveground utility structures shall comply with all requirements of other city ordinances and other state and federal laws and regulations. Public service provider shall be responsible for obtaining other permits, as required.

Screening as required in this section shall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood or other permanent material of equal character, density and design, at least six (6) feet in height, or combination of two or more materials. Screening shall not exceed six feet in height. No separate permit will be required for any approved screening wall. Screening shall be placed so that it does not interfere with visibility triangles or create other traffic-related visibility obstructions.

The exterior surfaces of all utility structures and screening shall be maintained free of graffiti and other defacements such as posters, stickers, decals, and signs, except those placed on the structure by the utility company for identification. The exterior finish shall be maintained free of visible deterioration.

The utility structure shall be clearly marked with the owner's name and contact information.

Below ground utility structures may be allowed in the public right-of-way if space is available. In reviewing the utility structures the city will consider the following:

Size, location, and impact of the proposed structure;

The structure's coordination with existing and proposed public facilities; and

Availability of remaining public right-of-way.

Variance: Any request in an application for a permit for a variance from the requirements of this article must be approved in advance by the city. The variance may be granted only if an extreme hardship exists and the public health, safety, welfare, or convenience is not adversely affected by granting the variance. The city may not approve any variance that would give a competitive advantage to one public service provider over another public service provider providing the same or similar service. The city may not grant a variance from the indemnity requirements. Any appeal from the denial of variance within an application of a permit may be appealed to the city's board of adjustment.

If the city determines that the proposed utility structure cannot be placed within the public right-of-way without adversely affecting the integrity of an existing or future facility owned by the city, the city shall have the right to deny the location of a new or replacement utility structure within the said public right-of-way.

In cases where utility structures, except those structures serving solely the city property, will be located on city property other than public right-of-way, the following requirements apply:

The application shall be made to the city for execution of a use privilege agreement through the city's engineering department.

Nothing contained herein, however, shall ever be held or construed to confer upon any person the right to place a utility structure upon city property. The city reserves the right, at its sole discretion, to enter into a license agreement to allow the placement of a utility structure on city property.

The city shall not be liable for damages or losses of any kind whatsoever by reason of injury to property or person occasioned by the use of any city property. The city shall have no obligations in regard to the maintenance of any improvements within such city property. The city shall be defended at the cost and expense of the person placing improvements on city property from all claims and demands.

The public service provider shall pay city a use fee for use of the property based upon the fair market value as determined by the city's engineering department. In addition to a use fee, the city may request the public service provider to provide network connectivity or conduit to the city.

The public service provider shall cooperate with other providers in connection with allowing collocation of facilities within the utility structure.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.055 Plans of record.

Public right-of-way users will provide the city manager or designee with plans of record within ninety (90) days of completion of facilities in the public right-of-way. Users which have facilities in the public right-of-way existing as of the date of this article who have not provided plans of record shall provide one (1) quarter of the information concerning facilities in city right-of-way within one (1) year after the passage of this article and one (1) quarter each six (6) months thereafter. The plans shall be provided to the city with as much detail and accuracy as required by the city manager. All the requirements specified for the plans submitted for the initial permit, as set forth in section 18.03.053, shall be submitted and updated in the plans of record. The detail and accuracy will concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. The detail will not include matters such as capacity of lines, customers, or competitively sensitive details. Submittal of "plans of record" shall be in digital format.

This requirement, or portions of this requirement, may be waived by the director of development services and the city manager for good cause.

If the release of the location of any utilities, including water and sewer, or of plans of record submitted under this section would jeopardize public safety, the information shall be considered confidential. In addition, if plans of record submitted under this section include information expressly designated by the public right-of-way user as a trade secret or other confidential information protected from disclosure by state law, the director may not disclose that information to the public without the consent of the public right-of-way user, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a public right-of-way user to designate all matters in its plans of record as confidential or as trade secrets.

Network provider shall maintain accurate maps and other appropriate records of its network node facilities, node support poles and related ground equipment as they are actually constructed in the public rights-of-way, including, upon request, the use of Auto CAD/GIS digital format. Network provider will provide additional maps to the city upon request.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.056 Conformance with public improvements.

Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other public works or city projects, (e.g. install or improve storm drains, water lines, sewer lines, or any other public works or city project) it shall be deemed necessary by the governing body of the city to remove, alter, change, adapt, or conform the underground or overhead facilities of a public right-of-way user to another part of the public right-of-way, such alterations shall be made by the owner of the facilities at their expense (unless provided otherwise by state law or a franchise in effect on August 26, 1999, until that franchise expires or is otherwise terminated or is amended or the tariff is changed) within the time limits set by the city manager working in conjunction with the owner of the facilities, or if no time frame can be agreed upon, within ninety (90) days from the day the notice was sent to make the alterations, unless a different schedule has been approved by the city manager or designee. Facilities not moved after ninety (90) days or the time set forth in the notice shall be deemed abandoned and may be removed in accordance with section 18.03.062 "abandoned facilities."

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.057 Improperly installed facilities.

Any person doing work in the public right-of-way shall properly install, repair, upgrade and maintain facilities;

Repair or restore any damage to other facilities or the public right-of-way that occurs as a result of improper construction, installation, repair, relocation, or upgrade of the permittee's facilities; and

Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if:

The installation, repairs, upgrade or maintenance endangers public health or safety;

The installation, repairs, upgrade or maintenance damages public property or another public service provider's facilities;

The results in the construction, design or configuration of the facilities does not comply with applicable local, state, or federal laws or regulations;

The facilities are not capable of being located using standard practices;

Underground facilities that are installed less than twenty-four (24) inches in depth;

The placement or construction of said facilities remains incomplete or hazardous after construction work is finished or time for completion has passed, including but not limited to holes in paved areas or ground, handholes or manholes that are improperly sealed, and broken equipment or any other incomplete or hazardous condition;

The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the city manager, including encroachment upon private property, extension outside the public right-of-way location designated in the permit without authorization, or placement in an area that interferes with another public service provider's existing facilities;

Aboveground facilities are placed in an existing or proposed sidewalk, or at-grade facilities placed similarly when they can be reasonably placed outside the existing or proposed sidewalk.

The facilities cause any interference with city public safety radio system, traffic signal light system, city traffic observation video cameras or other communications.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.058 Restoration of property.

Users of the public right-of-way shall restore property affected by construction of facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved by the city manager.

Temporary restoration of the public right-of-way may not remain for more than ten (10) business days after the completion of a repair or installation of an underground structure or facility, unless a time extension has been granted by the city. The city may, at the expense of the permittee or other responsible person, remove any temporary restoration remaining in the public right-of-way beyond the ten-day time limit and make permanent repairs. Any exception to the ten-day time limit, other than a relocation of a facility in advance of a city construction project in the public right-of-way, must be approved by the city prior to expiration of the time limit.

Restoration must be to the reasonable satisfaction of the city manager and the property owner. The restoration shall include, but not be limited to:

Replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by the city manager;

Installation of all manholes and handholes, as required;

Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, unless other safety requirements are approved by the city manager;

Leveling of all trenches and backhoe lines;

Restoration of excavation site to city specifications; and

Restoration of all landscaping, ground cover, and sprinkler systems.

All locate flags shall be removed during the clean-up progress by the permittee or contractor at the completion of the work.

Restoration must be made in a timely manner as specified by approved city schedules and to the satisfaction of city manager or designee. If restoration is not satisfactory and performed in a timely manner all work in progress, except that related to the problem, including all work previously permitted but not complete may be halted and a hold may be placed on any permits not approved until all restoration is complete.

If a person fails to restore property as set out in this section, the city shall give five (5) days written notice to the person at the address shown on the permit. If the person does not initiate repairs during the five (5) day period, or fails to complete the repairs within thirty (30) days thereafter the city may elect to repair such portion of the public right-of-way as may have been disturbed by the person, its contractors, or agents at the cost of the person performing the public right-of-way work. These time periods may be shorten or waived in cases of a threat to public health, safety or welfare. Upon receipt of an invoice from the city, the person will reimburse the city for the costs so incurred no later than thirty (30) calendar days from the date of the city invoice.

(g)

All construction performed under any permit granted to a permittee by the city under this article must be maintained to the satisfaction of the city for two years after substantial completion of construction or repair. Should the city reasonably determine, within two years from the date of the completion of the repair work, that any of the restoration work failed to meet the existing standards of the city, the person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies.

(h)

Should the city reasonably determine, within two years from the date of the completion of work, that additional restoration work is required, the permittee shall perform such additional restoration work to the satisfaction of the city within thirty (30) days after the city gives written notice to the permittee to correct the damage, defect, or other problem. If the restoration work is not completed within thirty (30) days, the work may be performed by the city at the public service provider's expense. The permittee shall notify the city at least 48 hours before commencing any repair operations. If a construction or excavation site is subsequently disturbed by another party, including another permittee or the city, any continuing obligation to maintain the overlapping area shall cease. If the site is disturbed by another permittee, then that permittee shall be subject to the maintenance period for the overlapping area.

The city shall notify the permittee in writing if the backfill on a permitted pavement cut or excavation settles at any time during the two-year maintenance period, causing subsidence in the pavement of one-half inch or more, vertically measured in any three-foot horizontal direction. Upon notification, the permittee shall commence repair work within ten (10) days and notify the city forty-eight (48) hours in advance of commencement of the repair work. If the repair work is not commenced within ten (10) days, the repair work may be performed by the city at the public service provider's expense.

(j)

Notwithstanding any of the above sections, if the city determines that the failure of the person to properly repair or restore the public right-of-way constitutes a threat to the public health, safety or welfare, the city may undertake emergency repairs and restoration efforts. The city may attempt to provide emergency notice to the person responsible but is not obligated to do so. The public right-of-way user shall promptly reimburse the city for all costs incurred by the city within thirty (30) calendar days from the date of the city invoice.

(k)

The decision of the city as to the necessity of correcting any damage, defect or other problem is binding on all parties.

(l)

All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the construction area will be regarded as part of the construction and must be included in the total area repaired.

(m)

Upon failure of the permittee to perform any such repair or restoration work described in this article, the city may repair such portion of the public right-of-way as may be required. The permittee or public service provider shall reimburse the city for the actual direct and indirect costs of the repair work.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.059 Revocation or denial of permit.

Permit revocation.

If any of the provisions of this article are not followed, a permit may be revoked by the city manager or designee. If a person has not followed the terms and conditions of this article in work done pursuant to a prior permit, new permits may be denied or additional terms required. The city may suspend construction or revoke an issued permit on the same grounds on which a permit may be denied under section 18.03.059 or if the permittee:

Commences or performs construction in violation of an applicable requirement of this article or the permit;

Creates or is likely to create a public health or safety hazard by performance of the construction in question;

Fails to comply with an order or regulation of the city applicable to the construction;

Fails to comply with the restrictions or requirements of other city ordinances or state or federal laws or regulations applicable to the construction; or

Commences or performs work without having prior knowledge and understanding of the applicable repair standards as specified in the public right-of-way permitting and construction manual.

Permit denial.

If a permit is denied upon initial submission for incompleteness or for an issue which is capable of correction, the applicant may complete or correct the application and resubmit the application. Applications not resubmitted within thirty-one (31) calendar days shall be considered withdrawn. The city may refuse to issue a permit if:

The public service provider does not have a valid registration on file with the city or the authorized contractor submitting the permit application on behalf of the public service provider is not registered as required by the construction article;

The proposed construction will substantially interfere with vehicles or pedestrians and no procedures, or procedures inconsistent with this article, have been identified to minimize the interference;

The proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing facilities already in the public right-of-way, or will conflict with proposed public facilities;

The proposed barricading, channelizing, signing, warning, or other traffic-control procedures or equipment do not comply with the requirements of the most current edition of the Texas Manual on Uniform Traffic-Control Devices;

The proposed construction, incidental traffic control, or other permitted activity, or the manner in which it is to be performed, will violate a city ordinance or regulation or a state or federal statute or regulation; or

The permittee:

Fails to furnish all the information required by this article;

Knowingly or intentionally furnishes false or incorrect information to the city;

Fails, except for good cause shown, to file the application on the approved form within the time limits prescribed by the public right-of-way permitting and construction manual;

Has been convicted of or pled guilty or no contest to an offense under this article in municipal court and the offense has not been corrected and any direct or indirect costs incurred by the city have not been reimbursed; or

(E)

Is not in compliance with applicable requirements of an existing permit issued under this article.

Suspension or revocation notice.

The city shall provide immediate verbal notice to the permittee of the revocation, denial or suspension of a public right-of-way permit. Written notice of a suspension or revocation shall be provided within one business day of the verbal notice. The verbal and written notices under this section shall also be provided to the public service provider. Construction that is suspended may not resume until the city determines that the permittee has corrected the violation, noncompliance, or hazard that caused the suspension. A permit that has been suspended or revoked may be reinstated by the city if the city determines that:

The permittee has corrected the violation, noncompliance, or hazard that caused the suspension or revocation; and

The health or safety of the public is not jeopardized by reinstating the permit.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.060 Appeal from revocation, denial, or suspension of permit.

An applicant may appeal from denial or revocation of permit to the city manager. Appeal shall be filed with the city secretary within five (5) calendar days from the date of the decision being appealed.

A denial or revocation will be upheld unless a person can show that there is an error and that the person was following all of the requirements of this article and all public right-of-way engineering requirements.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.061 Inspections and emergency repairs during construction.

The city may perform inspections of any public right-of-way work, including installations, maintenance, modifications or any other right-of-way work, whether such work is subject to permit requirements or allowed to be done without a permit. The city may perform visual inspections of any public right-of-way work located in the right-of-way as the city deems appropriate without notice. If the inspection requires physical contact with right-of-way work, the city may provide the right-of-way user with notice prior to said inspection. Public right-of-way user may have a representative present during such inspection. In the event of an emergency situation, the city may, but is not required to, notify the right-of-way user prior to the inspection. The city may take any needed action to remediate an emergency. The city shall notify the public right-of-way user as soon as practical after said remediation.

If the city determines during construction that an emergency repair to a public right-of-way is necessary to correct a situation that is hazardous to the public, the city shall immediately notify the permittee. If the permittee does not commence the emergency repair within twenty-four (24) hours or the city determines that repairs are required sooner for the protection of the health, safety, and welfare of the public, the city may, with sole discretion, cause performance of such emergency repair work as is necessary to correct the hazardous situation. The permittee, or public service provider, shall reimburse the city for the actual direct and indirect cost of the work necessary to correct the hazardous situation. The permittee shall maintain the emergency repair until the permittee completes construction and final repairs.

If the city determines that a problem with a public service provider's existing facility in a public right-of-way requires an emergency repair to correct a situation that is hazardous to the public, the city shall immediately notify the public service provider. If the public service provider does not commence the emergency repair within twenty-four (24) hours or the city determines that repairs are required sooner for the protection of the health, safety, and welfare of the public, the city may, with sole discretion, cause performance of such emergency repair work as is necessary to correct the hazardous situation. The public service provider shall reimburse the city for the actual direct and indirect cost of the work necessary to correct the hazardous situation. The public service provider shall maintain the emergency repair until the public service provider completes construction and final repairs.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.062 Abandoned facilities.

Duty to remove.

A person that has placed facilities in the public right-of-way shall remove said facilities and related equipment when such facilities are abandoned regardless of whether or not it receives notice from the city. If in the judgment of the city, removal of underground facilities would cause damage, this requirement may be waived.

Time for removal.

The city may notify the person that said facilities must be removed immediately when necessary to ensure public health, safety, and welfare.

If immediate removal is not required, the removal must be completed within the time set forth in the written notice to remove from the city and if no time is set out, then within ninety (90) days for the facilities and related equipment being abandoned.

If the facilities are not removed after the ninety (90) day notice to remove, the city may remove the facilities thirty (30) days after notice of a final finding of abandonment.

When a person removes, or abandons permanent structures in the public right-of-way, the person shall notify the city manager in writing of such removal or abandonment and shall file with the city manager the location and description of each facility and ground equipment removed or abandoned.

The city manager may require the person to complete additional remedial measures necessary for public safety and the integrity of the public right-of-way.

Deemed abandoned.

Facilities may be deemed abandoned as set out in this article. Additionally, facilities may be deemed abandoned if:

A person does not relocate facilities as set out in section 18.03.056 "conformance with public improvements."

A person does not correct or abate improperly installed facilities as set out in section 18.03.057 "improperly installed facilities."

A person utilizing the public right-of-way cannot be found or contacted.

A person utilizing the public right-of-way fails to pay the required compensation.

A person utilizing the right-of-way fails to comply with the requirements of this article after being given due notice of any deficiencies. The notice requirement shall only apply to persons who have maintained the required registration as set out in section 18.03.052 "registration" and are capable of being contacted.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.063 Underground installation preferred.

The underground placement of facilities is encouraged.

Facilities shall be installed underground where existing utilities are already underground.

Underground conduits and ducts shall be installed in the public rights-of-way between the adjacent property line and curbline unless otherwise directed by the city.

Conduits and ducts shall be installed parallel with the curbline and cross the public rights-of-way perpendicular to the public rights-of-way centerline unless otherwise directed by the city.

Ducts and conduits shall be installed by trenchless excavation or directional boring whenever commercially economical and practical. Trenchless excavation shall be used to place facilities under paved public rights-of-way centerline unless otherwise directed by the city.

Trenchless technology or boring: The city may require the use of trenchless technology or boring based on the following criteria:

It is in the best interest of the city; and

It is technically, commercially, and economically feasible; and

It is not in violation of federal or state regulations or industry safety standards.

(g)

All concrete driveways and streets shall be bored rather than open cut. The length of the bore must be sufficient for meeting the fully improved (ultimate) roadway width as specified in the applicable development plan if sufficient public right-of-way exists. If the concrete street is subject to reconstruction within 2 years, or for other good cause, the city may grant an exception upon request.

(h)

No pavement cuts in newly constructed, reconstructed, or resurfaced (greater than one inch) asphalt streets may be made for 60 months after the substantial completion of the street work. With sole discretion, the city may grant an exception based on the public service provider's written demonstration that the following criteria have been met:

Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts;

Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable; and

The proposed excavation cannot reasonably be delayed until the five-year deferment period has lapsed.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.064 As built maps and records.

User shall maintain accurate maps and other appropriate records of its facilities and equipment as they are actually constructed in the public rights-of-way, including, upon request, the use of Auto CAD/GIS digital format. User will provide additional maps to the city upon request.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.065 Courtesy and proper performance.

User shall make citizen satisfaction a priority in using the public right-of-way. User shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its facilities and related ground equipment in the public right-of-way. User's employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the city manager or designee, user is not interacting in a positive and polite manner with citizens, the city manager may request user to take all remedial steps to conform to these standards.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.066 Drug policy.

It is the policy of the city to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by user's employees, contractors, subcontractors, sub-network provider's, or vendors while on city premises is prohibited.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.067 Landscape maintenance.

Any alteration to landscape material located within any public right-of-way requires prior notification to the adjacent property owner and city. No person shall cut, deface or in any way injure any landscape material located within a public median without prior approval from the engineering department. Landscape material shall include, but is not limited to, canopy and ornamental trees, shrubs, ground cover, lawn, earthwork, and irrigation systems. Topping/trimming of trees for overhead utility service is excluded from this subsection.

User, its contractors, and agents shall provide written notice to the city manager before trimming or removing any landscape material in the public right-of-way. The city shall not be liable for any damages, injuries, or claims arising from network provider's actions under this section.

When landscape material are proposed to be removed from the public right-of-way during construction, the permittee shall reimburse the city the value of the tree in accordance with the International Society of Arboriculture's Guide for Plant Appraisal prior to issuance of a permit.

All landscape material must be restored to a condition that is equal to or better than the condition prescribed by the public right-of-way permitting and construction manual, as amended.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.068 Signage.

User shall post and maintain legible identification showing its name, location identifying information, and emergency telephone number in an area on a cabinet of a facility that is visible to the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification signs) or the city manager.

Except as required by laws or by the utility pole owner, user shall not post any other signage or advertising on the facilities or equipment.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.069 Graffiti abatement.

As soon as practical, but not later than fourteen (14) calendar days from the date user receives notice thereof, user shall remove all graffiti on any of its facilities and related ground equipment located in the public right-of-way. The foregoing shall not relieve the user from complying with any city graffiti or visual blight ordinance or regulation.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.070 Alternate means or method; waiver.

A person may file a request with the city manager to use alternate means or methods in public right-of-way construction or maintenance. The request must contain a detailed justification for the waiver, including the lack of existing sites not within the public right-of-way; alternative sites sought and review; and proof that compliance with the requirements is impractical. In determining whether any requirement under this section may be waived or if an alternate method or means may be used, the city manager may consider all reasonable factors, including but not limited to:

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in risk;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase of service interruption;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in potential for liability for accidents;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in construction;

Whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in availability of services; or

To any other unreasonable technical or economic burden.

There shall be no right to receive permission to use an alternative means or method and denial by the city manager shall be final.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.071 Orderly use of the public right-of-way by multiple users.

In the exercise of governmental functions, the city has first priority over all other uses of the public rights-of-way. Traffic uses shall be considered as the primary use and the city reserves the right to lay sewer, water, gas and other pipe lines or cables and or cables and conduits, and to do underground and overhead work, including attachments, restructuring or changes in aerial or underground facilities in, across, along, over, or under a public street, alley or public right-of-way and to change the curb, sidewalks of the grade of streets. Uses should be designed so as to cause the least interference with traffic, including signalization.

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, safety and welfare 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 or require removal of abandoned or obsolete facilities, as allowed under state or federal law.

If the city authorizes abutting landowners to occupy space under the surface of any street, alley or public rights-of-way, the grant to an abutting landowner shall be subject to the rights of the previously authorized users 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 may close or abandon such public right-of-way subject to the right of the person, provided said facilities have not been abandoned and provided the person is a registered user of the public right-of-way.

(Ordinance O-2023-075 adopted 12/14/2023)

§ 18.03.072 Public improvement coordination.

Public improvement coordination.

Whenever the city deems it necessary to remove, alter, change, relocate, or adapt the underground or overhead facilities of a public service provider in the public right-of-way due to the city's reconstruction, widening, or straightening of streets; placement or replacement of water, wastewater, or stormwater facilities; installation of traffic signals, traffic signs, and streetlights; or construction of any other city public improvement project, the public service provider that owns the facilities shall conform its facilities to the city's project.

Relocation.

The facilities must be conformed, at the public service provider's expense, within 120 days after the city issues notice to the public service provider, unless a different conformance schedule for the work is approved by the city.

Abandonment.

Facilities of a public service provider that are not conformed within the 120-day notice period or within the approved schedule will be deemed abandoned, and the city, and any person working under contract with the city, will not be liable for any damage to or destruction or removal of the facilities, or for any interruption or termination of service through the facilities, caused by the activity of the city, or its contractors.

Permit required.

A person performing construction within the public right-of-way for the purpose of conforming facilities at the request of the city in advance preparation for a public improvement project shall obtain a permit in accordance with city ordinances.