(a) 
Purpose.
The purpose of this article is to:
(1) 
Assist in the management of facilities placed in, on or over the public rights-of-way in order to minimize the congestion, inconvenience, visual impact and other adverse effects, and the costs to the citizens resulting from the placement of facilities within the public rights-of-way;
(2) 
Govern the use and occupancy of the public rights-of-way;
(3) 
Assist the city in its efforts to protect the public health, safety and welfare;
(4) 
Conserve the limited physical capacity of the public rights-of-way held in public trust by the city;
(5) 
Preserve the physical integrity of the streets and highways;
(6) 
Control the orderly flow of vehicles and pedestrians;
(7) 
Keep track of the different entities using public rights-of-way to prevent interference between them;
(8) 
Assist on scheduling common trenching and street cuts; and
(9) 
Protect the safety, security, appearance, and condition of the public rights-of-way.
(b) 
Reference.
This article may be referred to as the "Construction in the Public Rights-of-Way Ordinance."
(Code 1975, § 20-51)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Certificated telecommunications provider
means the same as in V.T.C.A., Local Government Code § 283.002(2) (any entity that has been granted a certificate from the state public utility commission under V.T.C.A., Utilities Code § 54.001 et seq. authorizing that entity to provide local exchange telephone service).
City
means the City of North Richland Hills, Texas. As used throughout this article, the term "city" also includes the designated agent of the city.
City manager
means the city manager of the city or the city manager's designee.
Direction of the city
means all ordinances, laws, rules, resolutions, and regulations of the city that are not inconsistent with this article and that are now in force or may hereafter be passed and adopted.
Facilities
means any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated physical equipment placed in, on or under the public rights-of-way.
Person
means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.
Public rights-of-way
means the same as in the V.T.C.A., Local Government Code § 283.002(6) (the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include the airwaves above a public right-of-way with regard to wireless telecommunications).
(Code 1975, § 20-53)
(a) 
Application for construction permit.
Any person seeking to place facilities on, in or over the public rights-of-way, shall first file an application for a construction permit with the city and shall abide by the terms and provisions of this article pertaining to use of the public rights-of-way.
(b) 
Separate municipal authorization.
Any person, except a certificated telecommunications provider, prior to placing, reconstructing, or altering facilities in, on or over the public rights-of-way, must obtain separate municipal authorization from the city.
(c) 
Compliance with consent, franchise, etc.
Any person with a current, unexpired consent, franchise, agreement or other authorization from the city (grant) to use the public rights-of-way that is in effect at the time the ordinance from which this article is derived takes effect shall continue to operate under and comply with that grant until the grant expires or until it is terminated by mutual agreement of the city and the person, or is terminated as otherwise provided for in law.
(d) 
Prerequisites to issuance of construction permit.
Each person must register with the city. In order for the city to know which persons own facilities in the public rights-of-way within the city, each such person who owns facilities shall register with the city and provide the following information at a minimum:
(1) 
The person's name; and
(2) 
The current name, address, and telephone number of a contact employed by and with decision-making authority for the person and who is available 24 hours per day. Each person shall update and keep current his registration with the city at all times.
(Code 1975, § 20-54)
(a) 
Power of city manager.
The city manager shall administer and enforce compliance with this article.
(b) 
Reporting information.
A person shall report information related to the use of the public rights-of-way that the city manager requires in the form and manner reasonably prescribed by the city manager.
(c) 
Report to city council.
The city manager shall report to the city council upon the determination that a person has failed to comply with this article.
(Code 1975, § 20-55)
A person is subject to reasonable police power regulation of the city to manage its public rights-of-way in connection with the construction, expansion, reconstruction, maintenance or repair of facilities in the public rights-of-way, pursuant to the city's rights as a custodian of public property, based upon the city's historic rights under state and federal laws. Such regulations include, but are not limited to, the following:
(1) 
At the city's request, a person shall furnish the city accurate and complete information relating to the construction, reconstruction, removal, maintenance and repair of facilities performed by the person in the public rights-of-way.
(2) 
Residential subdivisions.
a. 
In residential subdivisions with final plats approved on or before November 10, 2003, underground electric utilities may be allowed in an easement not greater than ten feet wide along the front or side property lines as long as aboveground electrical transformers and other electrical appurtenances in such subdivisions do not exceed 36 inches in height, are placed on a concrete pad not exceeding 18 square feet in area enclosed on three sides by living evergreen plant screening at least ten inches higher than the transformer, but not exceeding 4½ feet in height, with the open side away from the nearest street. The owner of the lot where the transformer is located shall be responsible for the initial planting of the plant screening which shall be in place prior to final inspection of the house on such lot. In the event the homeowner's association wishes to install the plant screening, it may do so before any homes receive final inspection. The homeowner's association will be responsible for the maintenance of the screening in either case.
b. 
In new residential subdivisions with final plats approved after November 10, 2003, electric, telecommunications and cable television facilities, including new service drops, shall be located underground along rear lot or tract lines absent a reasonable demonstration to the planning and zoning commission at the preliminary plat stage by the facility owner, developer or affected property owner that this requirement is not technically, environmentally, or economically feasible. Aboveground appurtenances and equipment, and, if permitted, aboveground facilities, shall be placed along rear lot or tract lines, except as may otherwise be allowed upon the demonstration to the planning and zoning commission as contemplated above. Fire hydrants and traffic signal controllers are exempted from the rear lot or tract line requirement with passage of this section. The city will work diligently with the facility owner, developer and affected property owners during the zoning and platting processes of new subdivisions to ensure that reasonable equipment access to facilities along rear lot or tract lines will be available. When facilities are to be placed along rear lot or tract lines, before construction of facilities commences, the easement shall be reduced to final grade, at developer's sole cost and expense. Additionally, if such easement is located within a floodplain, the entire surface of the easement shall be raised above the floodplain elevation, at developer's sole cost and expense, before construction of the facilities commences. The necessity for removal of minimal fencing and/or landscaping within easements to permit the replacement of facilities, appurtenances, and equipment is considered to be within the definition of reasonable access. Where no such access can be made available, facility owner and developer shall make reasonable efforts to place aboveground facilities, appurtenances and equipment in the least visible areas of the street rights-of-way and street yards that are consistent with reasonable city standards. Sight visibility easements and horizontal clear triangles are not appropriate locations for the placement of aboveground facilities, appurtenances and equipment as they would create safety concerns by blocking or impairing the visibility of vehicular traffic.
(3) 
A person shall perform excavations and other construction in the public rights-of-way in accordance with all applicable city requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the public right-of-way. The city shall waive the requirement of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the city by the person. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property. A person shall follow all reasonable construction directions given by the city in order to minimize any such interference.
(4) 
A person must obtain a permit, as reasonably required by applicable city codes, prior to any excavation, construction, installation, expansion, repair, removal, relocation or maintenance of the person's facilities. A construction permit is not required for routine maintenance that does not require excavation of public rights-of-way or which does not block traffic lanes or sidewalks during peak traffic periods between 7:00 a.m.—9:00 a.m. and 4:30 p.m.—6:30 p.m. on weekdays, or for more than two hours during any non-peak traffic period. Once a permit is issued, person shall give to the city a minimum of 48 hours notice (which could be at the time of the issuance of the permit) prior to undertaking any of the above listed activities on its facilities in, on or under the public rights-of-way. The failure of the person to request and obtain a permit from the city prior to performing any of the above listed activities in, on or over any public right-of-way, except in an emergency as provided for in subsection (11) below, will subject the person to a stop work order from the city and enforcement action pursuant to the city's Code. If the person fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit, unless extended for good cause by the city.
(5) 
When a person completes construction, expansion, reconstruction, removal, excavation or other work, the person shall promptly restore the public rights-of-way in accordance with applicable city requirements. A person shall replace and properly relay and repair the surface, base, irrigation system and landscape treatment of any public rights-of-way that may be excavated or damaged by reason of the erection, construction, maintenance, or repair of the persons facilities within 30 calendar days after completion of the work in accordance with existing standards of the city in effect at the time of the work, unless extended by the city for good cause.
(6) 
Upon failure of a person to perform any such repair or replacement work, and five days after written notice has been given by the city to the person, and in the event repairs have not been initiated during such five-day period, the city may repair such portion of the public rights-of-way as may have been disturbed by the person, its contractors or agents. Upon receipt of an invoice from the city, the person will reimburse the city for the costs so incurred within 30 calendar days from the date of the city invoice.
(7) 
Should the city reasonably determine, within one year from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet existing standards of the city, a person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein.
(8) 
Notwithstanding the foregoing in subsection (7) of this section, if the city determines that the failure of a person to properly repair or restore the public rights-of-way constitutes a safety hazard to the public, the city may undertake emergency repairs and restoration efforts, after emergency notice has been provided, to the extent reasonable under the circumstances and the person failed to respond within a reasonable time specified by the city. A person shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city invoice.
(9) 
A person shall furnish the city with construction plans and made showing the location and proposed routing of new construction or reconstruction at least five business days before beginning construction or reconstruction that involves an alteration to the surface or subsurface of the public rights-of-way unless otherwise approved by the city. A person may not begin construction until the location of new facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the city, which approval will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the facilities and routing.
(10) 
If the city manager declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of facilities, a person shall remove or abate the person's facilities by the deadline provided in the city manager's request. The person and the city shall cooperate to the extent possible to assure continuity of service. If the person, after notice, fails or refuses to act, the city may remove or abate the facility, at the sole cost and expense of the person, without paying compensation to the person and without the city incurring liability for damages.
(11) 
Except in the case of customer service interruptions and imminent harm to property or person (emergency conditions), a person may not excavate the pavement of a street or public rights-of-way without first complying with city requirements. The city manager or designee shall be notified as promptly as possible regarding work performed under such emergency conditions, and the person shall comply with the requirements of city standards for the restoration of the public rights-of-way.
(12) 
Within 60 days of completion of each new permitted section of a person's facilities, the person shall supply the city with a complete set of "as-built" drawings for the segment in a format used in the ordinary course of the persons business to the extent they are prepared in the ordinary course of business, but excluding customer specific, proprietary or confidential information and as reasonably prescribed by the city, and as allowed by law. The city may, at its discretion, accept in lieu of "as-built" drawings any reasonable alternative which provides adequate information as to the location of facilities in the public rights-of-way.
(13) 
The city may require reasonable bonding requirements of a person, as are required of other entities, that place facilities in the public rights-of-way.
(14) 
In determining whether any requirement under this section is unreasonable or unfeasible, the city manager or his designee shall consider, among other things, whether the requirement would subject the person or persons to an unreasonable increase in risk or service interruption, or to an unreasonable increase in liability for accidents, or to an unreasonable delay in construction or in availability of its services, or to any other unreasonable technical or economic burden.
(Code 1975, § 20-56; Ordinance 2737, § 1, adopted 10/13/2003; Ordinance 2763, § 1, adopted 12/15/2003)
(a) 
Reservation of city's rights.
In the exercise of governmental functions, the city has first priority over all other uses of the public rights-of-way. The city reserves the right to lay sewer, gas, water, and other pipe lines or cables and conduits, and to do underground and overhead work, and attachments, restructuring or changes in aerial facilities in, across, along, over or under a public street, alley or public rights-of-way occupied by a person, and to change the curb, sidewalks or the grade of streets.
(b) 
Assignment of right-of-way space.
The city shall assign the location in or over the public rights-of-way among competing users of the public rights-of-way with due consideration to the public health and safety considerations of each user type, and to the extent the city can demonstrate that there is limited space available for additional users, may limit new users, as allowed under state or federal law.
(c) 
Abutting landowners; abandonment of public right-of-way.
If the city authorizes abutting landowners to occupy space under the surface of any public street, alley, or public rights-of-way, the grant to an abutting landowner shall be subject to the rights of the previously authorized user of the public rights-of-way. If the city closes or abandons a public right-of-way that contains a portion of a person's facilities, the city shall close or abandon such public right-of-way subject to the rights of the person.
(d) 
Removal, relocation or change in facilities.
If the city gives written notice, a person shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of the person's facilities that are in the public rights-of-way within 120 days, except in circumstances that require additional time as reasonably determined by the city based upon information provided by the person. For projects expected to take longer than 120 days to remove, change or relocate, the city will confer with the person before determining the alterations to be required and the timing thereof. The city shall give notice whenever the city has determined that removal, relocation, change or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a city governmental public improvement in the public rights-of-way. This section shall not be construed to prevent a person's recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal, nor shall it be required if improvements are solely for beautification purposes without prior joint deliberation and agreement with the person.
(e) 
Failure to relocate facilities; liability.
If the person fails to relocate facilities in the time allowed by the city in this section, the person may be subject to liability to the city for such delay and as set forth in the city codes or ordinance, now or hereafter enacted.
(f) 
Adjustment of time frames.
Notwithstanding anything in subsection (d) of this section, the city manager and a person may agree in writing to different time frames than those provided above if circumstances reasonably warrant such a change.
(g) 
Trimming trees over public right-of-way.
A person may trim trees in or over the public rights-of-way for the safe and reliable operation, use and maintenance of its facilities. All tree trimming shall be performed in accordance with standards promulgated by the city. Should the person, its contractor or agent fail to remove such trimmings within 24 hours, the city may remove the trimmings or have them removed, and upon receipt of a bill from the city, the person shall promptly reimburse the city for all costs incurred within 30 working days. The person shall not be responsible for tree trimming or removal, except as to the trimming required to construct, maintain or restore utility service.
(h) 
Removal, raising or lowering of aerial facilities.
Persons shall temporarily remove, raise or lower its aerial facilities to permit the moving of houses or other bulky structures, if the city gives written notice of no less than 48 hours. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefitting from the temporary rearrangements. The person may require prepayment or prior posting of a bond from the party requesting the temporary move.
(Code 1975, § 20-57)
(a) 
Generally.
A person shall obtain and maintain insurance in the amounts reasonably prescribed by the city with an insurance company licensed to do business in the state acceptable to the city. A person shall furnish the city with proof of insurance at the time of the request for construction permits. The city reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the city manager determines that changes in statutory law, court decisions, or the claims history of the industry or the person require adjustment of the coverage. For purposes of this section, the city will accept certificates of self-insurance issued by the state or letters written by the person in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, for the city to accept such letters the person must demonstrate by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the city, based on financial information requested by and furnished to the city.
(b) 
Certificates of insurance.
A person shall furnish, at no cost to the city, copies of certificates of insurance evidencing the coverage required by this section to the city. The city may request the deletion, revision or modification of particular policy terms, conditions, limitations or exclusions, unless the policy provisions are established by a law or regulation binding the city, the person, or the underwriter. If the city requests a deletion, revision or modification, a person shall exercise reasonable efforts to pay for and to accomplish the change.
(c) 
Contents of insurance certificate.
An insurance certificate shall contain the following required provisions:
(1) 
Name the city and its officers, employees, board members and elected representatives as additional insureds for all applicable coverage;
(2) 
Provide for 30 days notice to the city for cancellation, nonrenewal, or material change; and
(3) 
Provide that notice of claims shall be provided to the city manager by certified mail.
(d) 
Proof of insurance; liability limits.
A person shall file and maintain proof of insurance with the city manager. An insurance certificate obtained in compliance with this section is subject to city approval. The city may require the certificate to be changed to reflect changing liability limits. A person shall immediately advise the city attorney of actual or potential litigation that may develop may affect an existing carrier's obligation to defend and indemnify.
(e) 
Right of recovery against city.
An insurer has no right of recovery against the city. The required insurance policies shall protect the person and the city. The insurance shall be primary coverage for losses covered by the policies.
(f) 
Policy clause interpretation.
The policy clause "other insurance" shall not apply to the city if the city is an insured under the policy.
(g) 
Payment of premiums and assessments.
The person shall pay premiums and assessments. A company which issues an insurance policy has no recourse against the city for payment of a premium or assessment. Insurance policies obtained by a person must provide that the issuing company waives all right of recovery by way of subrogation against the city in connection with damage covered by the policy.
(Code 1975, § 20-58)
(a) 
Generally.
Except as to certificated telecommunications providers, each person placing facilities in the public rights-of-way shall agree to promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses:
(1) 
For the repair, replacement, or restoration of the city's property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of the person's acts or omissions.
(2) 
From and against any and all claims, demands, suits, causes of action, and judgments for:
a. 
Damage to or loss of the property of any person (including, but not limited to, the person, its agents, officers, employees and subcontractors, the city's agents, officers and employees, and third parties); and/or
b. 
Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the agents, officers and employees of the person, the person's subcontractors and the city, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the person, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article.
(b) 
Indemnity not to apply to liability resulting from the negligence of city.
This indemnity provision shall not apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors, or subcontractors.
(c) 
Indemnity not to create rights.
The provisions of this indemnity are solely for the benefit of the city and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
(Code 1975, § 20-59)
This article shall be construed in accordance with the city Code in effect on the date of passage of the ordinance from which this article is derived to the extent that such Code is not in conflict with or in violation of the Constitution and laws of the United States or the state, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of-way, pursuant to sections 70-106 and 70-107 or as otherwise provided by law.
(Code 1975, § 20-60)
(a) 
Definition.
A curb painting vendor means a person who engages in the business of painting address numbers on street curbs for remuneration.
(b) 
Purpose, restrictions.
In order to protect citizens against crime, including deceptive practices, fraud, and burglary, to minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy, and to preserve the public health, safety, and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs, every curb painting vendor shall
(1) 
Use reflective paint to paint curbs;
(2) 
Comply with the provisions of article VII of chapter 18 of this Code;
(3) 
Provide to each business or residence that is being solicited a copy of a brochure, pamphlet or flier or advertising the curb painting vendor's services, which shall include the following statement in bold and conspicuous type on the cover thereof:
"The City of North Richland Hills does not endorse or sponsor this business and does not require that you paint your curb.""
(Ordinance 3077, § 4, adopted 10/26/2009)