The city shall have exclusive dominion, control and jurisdiction in, over, under, through, along and across the streets and rights-of-way, and may provide for the improvement thereof by paving, repaving, raising, draining, realigning, closing, or otherwise the use thereof. The provisions, without limitations, of law providing for assessments against abutting property for street improvements are expressly adopted. Such exclusive dominion, control and jurisdiction in, over, under, through, along and across the streets and rights-of-way of the city shall also include, but not be limited to, the power to regulate, locate, remove or prohibit the location, installation, alteration or removal of any type of facility or other property in, over, under, through, along or across any streets or rights-of-way. The location, alteration or removal, including the route, of all facilities within the rights-of-way or streets shall be subject to the reasonable direction of the city.
(Ordinance 346, § 3A, adopted 2/1/2000)
It shall be unlawful for any owner or contractor, including his agents, servants, independent contractors, or employees, to occupy or obstruct any portion of the rights-of-way or streets or to perform any construction activity, or to cause another to do the same, for any purpose in, over, under, through, along or across any street or right-of-way without first having made all applications for permits and, when required, obtained all permits therefor, together with a bond approved by the building inspector in an amount determined as herein provided, conditioned that the principal therein will discharge all claims of every character arising from or occasioned by such occupancy or construction activity or by reason of damages or injuries sustained by persons or property because of such occupancy, construction activity, excavation or other such activity thereon and discharge all judgments obtained, together with all costs attached thereto against the city by reason of any such claim, injury or damage sustained. contractor and owner carrying on any construction activity or excavation shall keep all streets and rights-of-way adjacent to such construction activity or excavation carried on by such contractor or owner, in a clean, safe and orderly condition, and unobstructed, except as provided in this article, during all such activities, and shall restore all such streets, rights-of-way, facilities and other structures damaged, altered or injured, in any way, to as good condition as they were before the beginning of such activities. The owner or contractor may, in lieu of providing a separate bond on each permit or construction project, annually file with the city a bond providing the above required coverage to the city, which bond shall be and remain in effect for a term of one year and applicable to all work performed by the owner or contractor within the city.
(Ordinance 346, § 3B, adopted 2/1/2000)
It shall be unlawful for any person to use or occupy any street or right-of-way for the purpose of providing, abutting or adjoining other property with any utility service, public service, data, voice or video transmission service, cable television, taxi or solid waste collection service, without having first obtained a franchise or license issued and approved by the city council; except as specifically provided otherwise by state law.
(Ordinance 346, § 3C, adopted 2/1/2000)
Construction activity, excavation, obstruction or other work shall cease immediately upon the issuance of a stop work order from the building inspector or from any authorized law enforcement agent of the city. It shall be unlawful to remove a stop work order placed upon a construction or work site until compliance with this article has been accomplished. No work so ordered to stop shall commence after issuance of the stop work order until the violation has been corrected and the building inspector in writing authorizes the contractor to begin again.
(Ordinance 346, § 3D, adopted 2/1/2000)
It shall be unlawful and a violation of this article for any person, contractor or owner to maintain an existing excavation within the city or to work upon or assist in any way in the execution or operation of any such excavation, without an excavation permit having been issued by the city in accordance with this article.
(Ordinance 346, § 3E, adopted 2/1/2000)
It shall be unlawful for the owner of any building or property abutting on any street or right-of-way in the city, or any tenant occupying such building or property, or any other person, to construct, build, operate or maintain any building, facility, or part thereof, including a show window, which extends over any part of any street or right-of-way.
(Ordinance 346, § 3F, adopted 2/1/2000)
It shall be unlawful to erect, remove, repair, install, build or alter, in any fashion whatsoever, any posts, poles, towers or other facilities that are erected for the purpose of bearing wires, cables or any other transmission media, or to alter in any fashion any existing posts, poles, towers or other facilities that are used in connection with any telegraph, electric light, telephone, street railway, transmission media, radio or like purpose, and none shall be erected, placed, kept or maintained upon any street or right-of-way within the city, unless a written permit shall have first been obtained from the building inspector to erect, install, remove, repair, build or alter, in any fashion whatsoever, such posts, poles, towers or other such facility.
(Ordinance 346, § 3G, adopted 2/1/2000)
(a) 
Any contractor performing construction activity in the right-of-way shall obtain line locates through the One Call Center per V.T.C.A. Utilities Code, Chapter 251 "Underground Facility Damage Prevention and Safety", as amended, and shall also notify the City of Kyle Public Works Division to request line locates for water, wastewater, and storm sewer prior to commencing any construction activity. The notification will be made no earlier than the fourteenth (14th) day before the start of the construction activity and no later than the 48th hour before the construction activity begins, excluding Saturdays, Sundays, and observed holidays.
(b) 
If a marked water, wastewater, or storm sewer utility line is observed within the designated construction activity site, mechanical excavation or boring is prohibited within a tolerance zone of the locate marks equal to half the diameter of the pipe plus a minimum of 36 inches on either side of the pipe when measured from the outside edge on a horizontal plane until all marked water, wastewater and storm sewer utilities are confirmed and visually located. The only methods to use for excavation of marked utilities within the tolerance zone shall be non-mechanical, i.e., hand digging, soft digging vacuum excavation methods, and/or pneumatic hand tools. Other methods of non-invasive excavation may be used if approved by the public works director. Hand digging or non-invasive methods are not required to remove pavement. If the locate markings cannot be preserved, locates should be recalled and refreshed in accordance with to V.T.C.A. Utilities Code, Chapter 251, as amended.
(c) 
If the marked utilities are not found within the tolerance zone, then the construction activity will cease, public works will be notified, and commencement activity will not re-commence until a public works representative either:
(1) 
Re-marks and updates the utility locates and another attempt to uncover the lines is performed; or
(2) 
The public works representative verifies the contractor is clear of the marked utilities and authorizes the contractor to continue working.
(d) 
Public works reserves the right to remain on-site to verify the excavator is taking precautions to prevent damage to the underground facilities.
(e) 
If an unmarked utility is found, then construction activity shall cease, and the contractor shall contact public works to verify the unmarked/uncovered utility's origin. If there is an obvious sign of a utility that has not been marked, i.e., water meter, air valve, valve, manhole, etc., then public works should be contacted to verify the utilities in the area.
(Ordinance 1252, § 2, adopted 2/7/2023)