For purposes of this article, the following definitions shall apply:
ADA
shall mean the Americans with Disabilities Act.
Business day
shall mean a day when the City of Daisetta, City Hall is open to the public for business.
City
shall mean the City of Daisetta, Texas and its officers and employees.
City Engineer
shall mean the City of Daisetta's Engineer or his or her designee.
City-dedicated easement
shall mean any type of easement that has been dedicated to the city for city infrastructure only (including but not limited to drainage easements, water/wastewater easements, and Daynet easements).
Emergency
shall mean operations and repairs necessary to respond to a situation that endangers life, health and safety, or property, or a situation in which the public's need for uninterrupted service and re-establishment of service, if the service is interrupted and compels immediate action. Upgrading of facilities, new service installation, and neighborhood improvement projects are not emergency operations.
Excavation
shall mean activity that removes or otherwise disturbs soil in the ROW at a depth of sixteen inches (16") or more or disturbs any street or alley pavement of any depth.
Minimum design standards and specifications
shall mean the City of Daisetta Engineering standards and specifications.
New street
shall mean the paved portion of the ROW that has been constructed, reconstructed, or resurfaced with an asphalt overlay, full-depth reclamation, reconstructed or other structural street maintenance treatment within the last five (5) years.
Permit
shall mean a permit issued by the City of Daisetta Permits Department to a person, partnership, corporation, utility, ROW user or any other legal entity authorizing construction work in the city's ROW or other public property.
Permit holder
shall mean any person, partnership, corporation, utility, ROW user or any other legal entity that has been granted a permit for construction work in the city's ROW or other public property.
Project large
shall mean utility projects requiring installation, repair or replacement of utility facilities in the ROW for a distance of or greater than one thousand (1,000) feet in length or any size excavation within the ROW of a Principal or Minor Arterial.
Project medium
shall mean utility projects requiring installation, repair or replacement of facilities in the ROW for greater than twenty-five (25) feet in length and less than one thousand (1,000) feet in length and not in a Principal or Minor Arterial.
Project small
shall mean utility projects requiring installation, repairs or replacement of facilities in the ROW for less than twenty-five (25) feet in length and not in a Principal or Minor Arterial.
ROW
shall mean the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway. The term does not include a private easement, private property, publicly owned property, or the airwaves above the city's right-of-way regarding wireless telecommunications.
ROW Limitations
shall mean limitations to placement within the ROW that are practical, based on:
(1) 
Physical space (ROW width, depth, separation requirements).
(2) 
Safety (clearances to gas/electric, avoiding congestion).
(3) 
Restoration rules (can't undermine road/sidewalk stability).
ROW user
shall mean a franchise utility, a certified telecommunications company, or any other privately or publicly owned company or utility authorized to conduct business to install, construct, maintain, or repair their facilities in the city's rights-of-way. The term "ROW user" shall also include any contractor or other agent or person engaged by a ROW user to work on facilities located in city's rights-of-way. The granting of a permit to a contractor or agent of a ROW user shall be deemed to be the granting of a permit to the ROW user for purposes of this article.
Sanitary sewer line
shall mean a service line that is a privately owned underground gravity pipe that extends from the city's municipal sewer main to the residential/commercial/industrial structure receiving service. The service line conveys the wastewater generated by customers to the municipal wastewater collection system.
Sanitary sewer main line
shall mean a municipally owned and maintained underground pipeline located within public ROW or easement that collects wastewater from sewer service lines via sewer taps and conveys wastewater toward sewer trunk lines and interceptors.
TMUTCD
shall mean the latest edition of the Texas Manual on Uniform Traffic-Control Devices.
Traffic control
shall mean the planning and installation of all signs, signals, markings, and other devices used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, pedestrian facility, bikeway, or private road open to public travel, which shall be in accordance with TxDOT traffic control specs. The purpose of which is to promote roadway safety and efficiency by providing for the orderly movement of all road users on streets, highways, bikeways, and private roads open to public travel.
TxDOT permit
shall mean a permit issued by the Texas Department of Transportation to a person, partnership, corporation, utility, ROW user or any other legal entity authorizing construction work in the City's ROW or other public property.
Utility
shall mean any privately or publicly owned entity which uses public ROW to furnish the public any general public service, including, without limitation, sanitary sewer, storm sewer, gas, electricity, water, telephone, fiber, telecommunications, petroleum products, together with the equipment, structures, and appurtenances belonging to such entity and located within the ROW.
White lining
shall mean marking an excavation site with washable marking paint or flags prior to requesting a utility locate to further identify the site.
(Ordinance 160 adopted 10/14/2025)
The city acknowledges the need to upgrade, maintain, replace, and install new utilities. The city also recognizes the disruptive impact these excavations have on the neighborhoods and traveling public. These rules and regulations are designed to balance these competing needs, and to preserve and maintain public health, safety, welfare, and conveniences.
(Ordinance 160 adopted 10/14/2025)
Any person who violates any provision of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed the amount specified by State law for such offenses. Each day of such violation shall constitute a separate offense. Further, any person or entity who by their negligent acts, omissions, or violation of this article causes the City of Daisetta any expenditures for staff time, attorney time, engineering time, or lost resources, shall be responsible to the City for all costs for resources expended. Upon receipt of the notice of fees due, that person or entity shall remit to the City of Daisetta all fees within 30 days. No permit shall be issued for any person or entity with an outstanding fee balance owed to the City.
(Ordinance 160 adopted 10/14/2025)
(a) 
All persons or contactors performing work within the ROW must first register with the city and supply all required information before being issued an initial permit. Registered persons shall report any changes in the registration information within thirty (30) days of such change.
(b) 
Application for registration as a ROW user shall be made upon forms provided by the City of Daisetta Planning Department. In addition to a completed application form, proof of insurance, as specified in section 12.05.009, shall be provided at the time of application. All first-time contractors shall provide references for similar work performed within the ROW from three (3) entities to the City of Daisetta.
(Ordinance 160 adopted 10/14/2025)
(a) 
When a ROW user suddenly and unexpectedly finds it necessary to make an excavation to preserve life or property and/or to restore interrupted essential services, the excavator may begin work before obtaining a ROW permit. The person excavating or ROW user shall apply for a ROW permit no later than the following business day.
(b) 
If a permit holder, during an excavation, cuts or damages another ROW user's facilities, the ROW user whose facility was damaged may perform the work necessary to repair their facility without obtaining a permit if no further excavation is needed.
(c) 
Cleanup of ROW due to hit utility is the responsibility of the original permit holder that hit the utility.
(d) 
The original permit holder for an excavation is responsible for meeting all the requirements of this article, including backfilling and paving repairs, for all extended excavation attached to the original excavation.
(Ordinance 160 adopted 10/14/2025)
(a) 
Any person conducting any activity within the city's ROW is required to apply for a permit prior to commencing, unless said work is an emergency as authorized by section 12.05.005 of this article. The City of Daisetta is exempt from this requirement for City-owned utility projects.
(b) 
Notwithstanding the requirements of Subsection (a), no permit shall be required for the installation and connections necessary to initiate service to a customer's property or routine repair and maintenance of existing facilities that will interfere with traffic for less than one hour or excavate less than sixteen (16) inches in depth, unless such activity requires the breaking of pavement, boring, or excavating with equipment greater than hand tools to install lines up to a three-inch diameter. Utility construction in a city-dedicated easement shall require a ROW utility construction permit.
(Ordinance 160 adopted 10/14/2025)
The City of Daisetta Permit Department may issue a "Bulk permit" for routine maintenance or repair of existing and/or new service line(s) or utility work in the ROW for excavations that are repetitive in nature within a continued section of ROW and not one continuous excavation. Updates shall be given to the city on a daily, weekly, or other schedule as requested by the City of Daisetta Public Works.
(Ordinance 160 adopted 10/14/2025)
(a) 
A permit issued under this article is personal to the permitted person, contractor, or ROW user and may not be transferred to another person, contractor, or ROW user or used by other persons, contractors, or ROW users to perform the excavation authorized in the permit.
(b) 
The permit does not grant access rights to private property. Any access needed by the permit holder to private property will require permission and/or coordination of any construction activities with the developer or property owner.
(c) 
In the event of a joint trench with multiple utilities, the contractor excavating the trench will be responsible for securing the permit.
(d) 
Excavations done in the ROW or in any manner pursuant to a Street, Alley, or other Right-of-Way Use License with a private citizen or landowner shall require a ROW permit and be subject to all the rules and guidelines of this article.
(Ordinance 160 adopted 10/14/2025)
(a) 
The applicant for permit shall furnish a certificate of insurance evidencing general liability provided by an insurance company that carries an AM Best Rating A or better. The company, or companies, must be authorized to do business in this state, or evidence of self-insurance satisfactory to the city, evidence that the city is adequately protected from any liability or damage resulting by virtue of applicant's construction. The certificate of insurance shall be filed with each application for a permit. The general liability required herein shall have a minimum limit of one million dollars ($1,000,000.00) per occurrence and a two million ($2,000,000.00) general aggregate limit. The general liability will shall extend additional insurance status to the city.
(b) 
By acceptance of a permit, the applicant agrees to indemnify and hold harmless the city, its officers, agents, servants, and employees from any and all claims, damages, suits, attorneys' fees, causes of action, and judgments which may result in any manner from the construction or laying of any improvements upon any public street, alley, or ROW in the city.
(c) 
By acceptance of a ROW permit, the applicant agrees to, during the period of construction and prior to the acceptance of such improvements by the city, maintain such public street, alley, or ROW in a safe condition and issue all necessary instructions, and take all precautions as may be reasonably required, to maintain such public streets, alleys, or ROW in a safe condition for all public use.
(d) 
Permits for utility work performed by city crews within the public ROW or on public property shall not require insurance.
(Ordinance 160 adopted 10/14/2025)
(a) 
Except for emergency excavations identified in section 12.05.005 of this article, no ROW user or contractor shall disturb the ROW without first securing a permit. Any individual performing construction in the ROW, without a valid permit, who refuses to vacate the ROW after notification from the city could be subject to civil or criminal penalties.
(b) 
Any removal of equipment, material, vehicles, and traffic control devices handled by the city shall be done at the expense of the individual or company disturbing the ROW without a permit. Further, the individual or company disturbing the ROW without a permit shall be responsible to the city for the expense to restore the ROW to its original condition. The city reserves the right to deny future permits to any individual or company disturbing the ROW without a permit.
(Ordinance 160 adopted 10/14/2025)
(a) 
ROW users should consult with the City of Daisetta's Public Works Department and Planning Department to ensure installation of facilities will not conflict with future city roadway projects.
(b) 
All newly constructed roadways shall have a five (5) year moratorium. No excavation shall be allowed during the moratorium without the City of Daisetta Public Works and Planning Department's approval. ROW users shall relocate any utility or facility within the ROW upon written request by the city for the purpose of city infrastructure improvements, within thirty (30) days of request, this shall be at no cost to the city, unless the utility or facility is contained within a dedicated easement.
(c) 
Permit holder shall coordinate with city departments, to allow the city to maintain city services to customers within the ROW affected by construction throughout the duration of the project. Failure to coordinate as described herein may result in suspension or revocation of a validly issued permit.
(Ordinance 160 adopted 10/14/2025)
A ROW permit must be obtained by the persons, contractor, or ROW user performing the work. Applications for a ROW permit shall be made on forms provided by the city and, if required by the City of Daisetta Planning Department, be accompanied by drawings, plans and specifications as necessary that provide sufficient detail of work being performed. The City of Daisetta Planning Department may require additional information. All permit applications shall be accompanied with drawings of the intended route and depth of construction. Permit applicants shall have a valid One-Call ticket under excavator's name and located within the permitted area.
(Ordinance 160 adopted 10/14/2025)
A permit may be denied for any of the following reasons:
(1) 
Failure to provide proof of liability insurance/bond acceptable to the city, to the extent required herein;
(2) 
The excavation would be in a new street and not otherwise permitted by this article;
(3) 
The proposed activity would violate a city ordinance, state or federal statute;
(4) 
The permit application contains false or misleading information;
(5) 
The activity could cause public health or safety hazards;
(6) 
The installation could cause a safety hazard due to unsafe clearances to other utilities, creation of a congested corridor, and the possible undermining of road/sidewalk stability;
(7) 
The ROW user is in violation of this article relative to work in progress;
(8) 
The ROW user or contractor applying for permit has a history of non-conformance of ordinance and/or outstanding unresolved compliance issues;
(9) 
A permit applicant has unpaid fees as described in this article;
(10) 
The proposed activity would conflict with a permit previously approved by the city; or
(11) 
ROW users have outstanding or unpaid claims with the city for infrastructure damages.
(12) 
Inability to abide by spacing rules according to section 12.05.025.
(Ordinance 160 adopted 10/14/2025)
A ROW user or other applicant that has been denied registration or a permit may appeal the denial upon written request as follows:
(1) 
Appellant shall provide, within five (5) business days of denial, a written notice of appeal filed with the City of Daisetta Planning Department. The notice must state the potential corrections for denial, alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The City of Daisetta Planning Department shall provide a written decision within ten (10) business days of receipt of the appeal unless the City of Daisetta Planning Department notifies the ROW appellant in writing, within the initial ten (10) days of the need for an extension to be taken of up to five (5) additional days.
(2) 
If an appealed denial is upheld, the appellant may thereafter file a written notice of appeal with the City Secretary's office within ten (10) business days of receipt of the City of Daisetta Planning Department's office written decision. The City Manager shall then hear the appeal within thirty (30) days. The decision of the City Manager is final.
(Ordinance 160 adopted 10/14/2025)
(a) 
The City of Daisetta Planning Department shall issue a permit under this section by the following criteria once all the registration and permit requirements are met per section 12.05.006 and assurance that the health, welfare, and safety of the public will not be unreasonably impaired:
(1) 
Within five (5) business days for projects deemed small or medium.
(2) 
Within fifteen (15) business days for projects deemed large.
(b) 
The City of Daisetta may require more than fifteen (15) business days for large projects that require interdepartmental coordination. The City of Daisetta Planning Department or Public Works Department shall notify the applicant in writing if more than fifteen (15) days is needed and state the estimated response date.
(Ordinance 160 adopted 10/14/2025)
The permit holder shall complete all construction activities within established timelines of this article and minimize disruption of the public ROW and other public and private property. Should completion within the established timelines become impossible for any reason, the permit holder shall notify the City Public Works Department in writing as soon as reasonably possible with an estimated completion timeline.
(Ordinance 160 adopted 10/14/2025)
The city reserves its right, as provided herein, to revoke or suspend any permit without refund of any fees, in the event of a breach by the permit holder of the terms and/or conditions of the permit or of this chapter or any city ordinance. The city may revoke or suspend the registration and/or permit of any ROW user with a history of violations of city ordinances, standards and specifications, or egregious safety violations. The city may revoke or suspend a registration and/or permit of any ROW user if the ROW user fails to disclose damage to any utility.
(Ordinance 160 adopted 10/14/2025)
It shall be the ROW user or permit holder's responsibility to know whether they are working in a downtown or a historical district. The ROW user or permit holder shall follow all codes, standards and specifications adopted by such district. Any brick streets identified shall be repaired in accordance with standards identified in said Chapters.
(Ordinance 160 adopted 10/14/2025)
(a) 
Any person, contractor, or ROW user must obtain a ROW permit from the City of Daisetta Permits Department prior to beginning any work pursuant to a Street, Alley, or other Right-of-Way Use License. This includes but is not limited to privately owned grease traps, sewer manholes, or cable pull boxes.
(b) 
Any structure installed in the ROW shall have a traffic rating and shall be submitted to the City of Daisetta Public Works Department's ROW office for approval.
(c) 
Any excavation smaller than one (1) square foot or any excavation too small to backfill as described, must be backfilled in its entirety using stabilized fill.
(d) 
All grease trap excavations shall be backfilled in its entirety using stabilized fill regardless of excavation size.
(e) 
The City of Daisetta is not responsible for the installation, connection or internal piping of grease traps. All work schedules, notifications, and inspections shall be followed as indicated in this article.
(Ordinance 160 adopted 10/14/2025)
(a) 
The permit holder or ROW user shall be responsible for performance of and compliance with all provisions of this article. The permit holder or ROW user shall perform all work, whether done in ROW, private property, or utility easement in accordance with all federal and state laws, rules and regulations, city codes, or applicable standards and specifications, Centerpoint standards and specifications, including but not limited to rules and regulations set by the Railroad Commission of Texas.
(b) 
Permit holder shall be responsible for maintaining the excavation site in a reasonably clean and litter-free condition. Any debris found at the excavation site, regardless of the source, must be removed immediately at no cost to the city. Gutters shall not be obstructed, and storm drain inlets must be protected. Equipment outrigger shall be fitted with pads to avoid damage whenever outriggers are placed on any paved surface. Steel tracked vehicles are not permitted on paved surfaces unless effective precautions approved by City of Daisetta Public Works Department are taken to protect the surface.
(c) 
Permit holder or ROW user shall be responsible for any damage caused to the pavement by the operation of any equipment and shall repair such damages.
(d) 
The permit holder or ROW user shall be fully responsible for safeguarding persons and property from damage or injury.
(e) 
A permit holder or ROW user is responsible for maintenance of all excavated areas. A permit holder or ROW user guarantees its work and shall maintain it for the remaining life of the street.
(f) 
Any utility owner and/or their contractor performing construction in any city ROW shall always have a representative at the site while work is in progress, who shall be able to clearly communicate with the city staff and the citizens of Daisetta.
(g) 
The permit holder, utility, or ROW user shall make the work site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work.
(Ordinance 160 adopted 10/14/2025)
(a) 
To the greatest extent possible, the permit holder shall maintain a public walkway in accordance with the latest ADA rules regarding construction sites that block a public sidewalk or path.
(b) 
It shall be the duty of the permit holder or ROW user to make provisions for the safe crossing of pedestrians and orderly movement of vehicular traffic.
(c) 
ROW user or permit holder shall install safeguards around and over any open excavation: Permit holder shall install fencing around unattended excavation in a manner that withstands wind and rain, does not allow entry to the excavation by pedestrians or pets, and does not sag over time. Open pits or bore sites shall not be left overnight in a manner that could allow for access to the open sites.
(d) 
The permit holder may be required to install additional or special safeguards if required by the City of Daisetta. The City of Daisetta relies on the permit holder and ROW users to understand the needs of their own projects and provide the necessary safeguards to protect life and prevent injury.
(e) 
Steel plates covering an excavation may be deemed as sufficient if approved by City of Daisetta Public Works Department.
(Ordinance 160 adopted 10/14/2025)
Permit holder shall display required signs at all times of day and night for the duration of the construction project.
(1) 
Utility projects deemed small as defined in this article in section 12.05.001.
(A) 
The permit holder shall maintain a digital or paper copy of the construction permit and approved plans at the construction site, which shall be made available for inspection by the City of Daisetta when construction work is occurring.
(B) 
All permitted utility owner and contractor vehicles and equipment must be clearly marked with the company name while located at a construction or work site. Signage, with minimum dimensions of two (2) feet by two (2) feet, shall be displayed at the construction site.
(C) 
All signs shall display facility owner's name, permit-holders' name and contact information that is available twenty-four (24) hours per day, seven (7) days a week.
(2) 
Utility projects deemed medium and large as defined in this article in section 12.05.001.
(A) 
The permit holder shall maintain a digital or paper copy of the construction permit and approved plans at the construction site. The permit shall be displayed and maintained on the same two (2) feet by two (2) feet sign required in this section and made available for inspection by the City of Daisetta while the permit holder occupies the ROW.
(B) 
All permitted utility owner and contractor vehicles and equipment must be clearly marked with the company name while located at a construction or worksite. Signage, with minimum dimensions of two (2) feet by two (2) feet displayed at the beginning and the end of the traffic-control work zone on Major Arterial or within the construction site if not on a Major Arterial and clearly visible to motorists and pedestrians.
(C) 
All signs shall display facility owner's name, permit holder's name, contact information that is available twenty-four (24) hours per day, seven (7) days a week, description of project, and project limits.
(Ordinance 160 adopted 10/14/2025)
(a) 
The permit holder shall place door hangers on the front door of businesses and residences adjacent to the affected route. The door hangers must include:
(1) 
The name of the franchise utility for which the work is being performed;
(2) 
The type of work;
(3) 
Expected work schedule;
(4) 
Name and contact information, including daytime and emergency contact names and numbers, for both the permit holder and the franchise utility; and
(5) 
Such notification shall be provided at least three (3) business days and not more than five (5) business days prior to commencing the permitted work. Record of such notifications shall be retained by the permit holder.
(b) 
The permit holder shall contact emergency response agencies, such as police, fire and ambulance services, prior to commencement of any work that may impact access to a street or alley. Emergency response agencies shall be notified by the permit holder whether a street or one lane or more of a Principal and Minor Arterial is to be closed for any length of time, or if an alley is to be blocked for more than forty-eight (48) hours.
(c) 
The permit holder shall notify City of Daisetta Public Works Department if a fire hydrant will be inaccessible due to construction.
(d) 
The permit holder shall notify the City of Daisetta Public Works Department to report all service lines encountered. The ROW user will replace utility lines at no cost to the city and/or their contractor.
(e) 
The permit holder shall notify any service agencies that may be impacted, such as solid waste collection, to coordinate alternate service, if necessary, prior to the beginning of work that may impact these services. The notice shall specify the address, number of the facilities being relocated, and the duration of service interruption.
(Ordinance 160 adopted 10/14/2025)
(a) 
The permit holder shall notify the City Public Works Department forty-eight (48) hours before any work begins within the ROW. The contractor shall not place equipment or traffic controls on ROW on a Friday, or the day before any City of Daisetta recognized holiday, unless otherwise approved by the City of Daisetta.
(b) 
Work performed pursuant to a ROW permit must commence within fourteen (14) calendar days of the date of the permit, unless the City of Daisetta Planning Department approves a later date.
(c) 
If required by the permit, the permit holder shall submit a written construction schedule to the City of Daisetta Permits Department two (2) business days before commencing any work in or about the public ROW. The permit holder may be required to submit weekly schedules as directed by the City of Daisetta Planning Department.
(d) 
Material and equipment may be stored at the excavation site only if they will be used within five (5) days.
(e) 
At any time, construction is stopped, or a contractor is unable to continue work for more than three (3) days the contractor must make the site safe for use by the public and remove all traffic controls. The contractor shall not reoccupy the construction site with traffic controls, material, or equipment until the facility can be repaired or installed within twenty-four (24) hours of reoccupying the jobsite.
(f) 
Backfill shall begin no later than twenty-four (24) hours after installation of facility or repair of utility. Backfill shall be completed within three (3) calendar days or covered with materials of sufficient strength and construction (traffic load rated steel plate(s)) to permit vehicular traffic to pass over such excavation(s). Plates shall be installed and maintained in a way which will prevent the plates from bouncing and shifting. Plates must be flush with the roadway, or have the edges beveled from the top of the plate to the roadway or be ramped to the elevation of the adjacent pavement. Temporary ramps shall be constructed of asphalt and shall have a gradual slope when necessary.
(g) 
No adjacent parallel roadways or alleys shall be under construction simultaneously without approval by City of Daisetta Public Works Department.
(h) 
Once a project begins, work must continue daily, except for weekends and holidays. No excavation shall begin on projects deemed medium or large unless installation or repair of the facility commences within twenty-four (24) hours from the time excavation starts.
(i) 
Permitted excavation deemed small shall be backfilled within five (5) days of excavation. Concrete and Asphalt (HMAC) pavement shall be restored in accordance with the latest City of Daisetta Engineering Minimum Design Standards and Specifications. Placement of pavement shall begin no later than five (5) calendar days after the completion of backfill and stabilized fill cap.
(j) 
No work is allowed on weekends or holidays without written approval by the City's Mayor. A written request must be submitted to the City three (3) days in advance. If approved, work can only occur between 9:00 a.m. and 5:00 p.m. The Contractor shall pay the City's inspector services at time and a half for work performed on these dates. No work is allowed on Sundays. Erosion control devices shall be installed prior to the start of construction and shall remain in place until the project is complete. The Contractor is responsible for removing all silt and debris from the jobsite and roadways that are a result of the construction at a minimum of once per day.
(Ordinance 160 adopted 10/14/2025)
(a) 
No ROW user or permit holder may install a new facility under roadways unless approved by the City of Daisetta Mayor.
(b) 
The installation of a utility that crosses the ROW shall be placed 90° to the ROW. The City of Daisetta Mayor must approve any installation of a utility that does not cross the ROW at 90°.
(c) 
New utility installation locations must be approved by the City of Daisetta's Mayor. The Mayor shall take into account the depth and location of all other utilities located within the ROW.
(Ordinance 160 adopted 10/14/2025)
(a) 
No trench shall be opened in any ROW for laying pipes, conduits, or ducts more than four hundred (400) feet in advance of the pipe, conduit, or ducts being placed in the trench, other than with the prior written approval of the City of Daisetta Mayor. A permit holder, utility, or ROW user shall perform boring operations in a manner that does not weaken or impair the ROW.
(b) 
If at any point, the permit holder excavates or damages fifty (50) percent of a driving lane, the permit holder shall replace the full width of the driving lane the length of the affected area.
(c) 
If the existing pavement is concrete, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete, which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than six (6) inches of pavement shall be broken back beneath the saw cut.
(d) 
The permit holder, utility, or ROW user shall not enter upon private property without authorization from the property owner. The permit holders, utilities, or ROW users shall determine the boundary between public ROW and private property.
(e) 
All transmission and distribution structures, lines, equipment and facilities erected by a permit holder, utility, or ROW user within the city shall be so located as to cause no interference with the proper use of the public ROW, and to cause no interference with the rights and reasonable convenience of any affected property owners.
(f) 
All excavation work shall be performed during business hours from 7:00 a.m. to 4:00 p.m. Monday through Thursday, and 7:00 a.m. to 2:00 p.m. on Fridays, unless written approval is granted by the City of Daisetta Public Works Department, or in the case of an emergency.
(g) 
All underground main line utilities shall be laid with the top of the pipe a minimum of two (2) feet below the surface of the ground.
(h) 
All excavation work shall comply with Occupational Safety and Health Administration standards and requirements.
(Ordinance 160 adopted 10/14/2025)
(a) 
Damages done by a permit holder to city utilities shall be repaired by the city and/or a city approved third party utility service provider. The city will issue a claim to the utility owner, contractor, ROW user or their insurance company for cost reimbursement.
(b) 
City service shall be returned to the customer in a timely manner and the cost of repairs shall be borne by the ROW user or permit holder. Only an approved utility service provider registered with the City's approved vendor list may perform repairs to city sewer, fiber and/or water utility lines. Only a state of Texas plumber license holder registered with the City's approved vendor list may perform repairs to customer's water service lines. The licensed plumber or TCEQ license holder shall certify in writing that repairs to these service line(s) were performed in accordance with the most recent version of City of Daisetta Plumbing Ordinance.
(c) 
After repairs, the ROW shall be restored in accordance to section 12.05.037 of this article. Cleanup of the affected site shall be in accordance to section 12.05.033.
(Ordinance 160 adopted 10/14/2025)
(a) 
The City of Daisetta Engineer or Mayor may require testing of materials used in construction in or near the ROW to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, concrete, asphaltic concrete and other construction materials as deemed necessary.
(b) 
The permit holder, utility, or ROW user is responsible for ensuring that all backfill, and compaction requirements meet the requirements of this article or the Minimum Design Standards and Specifications.
(Ordinance 160 adopted 10/14/2025)
(a) 
Prior to making a request for locates and actual excavation, the permit holder, utility, or ROW user shall mark the site of the proposed excavation with white lining and/or flags, in accordance with the one-call system. The markings shall be placed at a distance of not less than five (5) feet in all directions from the outside boundary of the site to be excavated.
(b) 
The permit holder, utility, or ROW user shall notify Public Works as identified on ROW permit at each of the following times during a project:
(1) 
Twenty-four (24) hours before starting a permitted project or installing traffic control;
(2) 
Two (2) hours before beginning the initial backfill;
(3) 
Two (2) hours before beginning the paving of the street or alley; and
(4) 
When the work under any permit hereunder is completed, the permit holder shall contact the City of Daisetta and/or Public Works Department for project close out inspection.
(c) 
Compliance with the latest Texas Utilities Code is always required. The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. The use of nonpermanent or biodegradable markers is required.
(d) 
All barricades, plates, traffic directional equipment, and all other traffic-control devices shall be clearly marked by the owner of said items with owner information as described in section 12.05.022 of this article.
(e) 
If work is being performed that will block any lanes of traffic in a street or deny access to an alley or driveway and the work site will be left unattended for any length of time, the permit holder, utility, or ROW user shall place a sign at each end of the work site with the name and contact information of the permit holder, utility, or ROW user performing the work. Such signs must conform to the latest TMUTCD standards.
(f) 
In any paved or unpaved area, all existing water, sewer, fiber, electric, gas mains and service lines shall be physically located prior to boring by way of potholing with a hydro excavation method. Sewer lines can be exempted if elevation and alignment can be determined by existing manholes.
(Ordinance 160 adopted 10/14/2025)
(a) 
Final backfill shall follow timelines established in this article. Requirements in this section shall apply to all parts of the excavation including, but not limited to, benching and sloping done during the excavation.
(b) 
Details related to trench excavation, backfill, compaction and pavement restoration are described in the Minimum Design Standards and Specifications.
(c) 
Paving shall be repaired in accordance with this article and the Minimum Design Standards and Specifications.
(d) 
The backfill material shall be clean, native material free of organic and deleterious material and rocks larger than two (2) inches. Backfill and compaction shall begin no later than twenty-four (24) hours after the installation or repair of facilities.
(e) 
Backfill in roadways shall be compacted to a relative compaction not less than 95% modified standard proctor +/-2% moisture the depth of the excavation.
(f) 
City of Daisetta Engineer or Mayor may require third party testing for trenches greater than six (6) feet in depth in roadways to confirm backfill meets required density at no cost to the city.
(g) 
Temporary backfill not meeting section 12.05.030 will not be permitted.
(h) 
Water jetting, sand jetting, or rock/gravel backfill will not be permitted.
(i) 
Native material used as backfill shall be mechanically compacted by means of equipment mounted rollers, vibrating rollers, whacker packers, or other method approved by City of Daisetta Engineer. When possible, all open excavations shall be backfilled and traffic controls removed prior to any extended holiday weekend.
(j) 
Any excavation too small in size too compact by approved method shall be filled using stabilized fill.
(k) 
Backfill not meeting 95% modified standard proctor, must be removed the full depth of the excavation and re-compacted to meet the compaction requirements.
(l) 
All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period, or at any other time where water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded.
(Ordinance 160 adopted 10/14/2025)
(a) 
Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley, ROW, or other public place shall be performed by the permit holder or ROW user.
(b) 
The City of Daisetta Engineer shall determine if longitudinal excavations within roadways, regardless of pavement condition, that parallel an existing excavation with a separation of four (4) feet or less require the ROW user or permit holder to repave the existing excavation making only one patch in the road. Any removal of sidewalks, approaches, and/or ADA ramps must be brought into compliance with the latest ADA rules and regulations.
(c) 
Any excavated pavement, debris and other rubble shall be removed during the same business day from the time such material is placed upon the street. Any paving failures, including surface, base, or subgrade failures that occurred due to the ROW user's work in the street, alley, or ROW shall be repaired by the permit holder or ROW user, regardless of whether the damage is caused by equipment, construction methods, detour of traffic or any other reason. The permit holder or ROW user shall repair any damage done before moving to the next phase of construction.
(d) 
Restoration of the ROW shall be as good as or better condition as before the start of construction. Unpaved portions of alley ROW shall be leveled, filled, bladed and worked in such a manner as to leave the ROW in safe and usable condition.
(e) 
All landscaping trees, shrubs and other vegetation damaged or disturbed within the ROW as a result of the construction, installation, maintenance, repair or replacement of utility facilities in the ROW shall be replaced or restored as nearly as may be practicable, to at least as good a condition as prior to performance of work by the permit holder. Trees may be replaced with trees of similar size and the same or similar species up to four (4) inches in caliper. Trees larger than four (4) inches in caliper shall be replaced with trees of the same or similar species with a caliper of no less than three (3) inches and no more than four (4) inches. Notwithstanding this subsection, electric utilities need not replace or restore any vegetation surrounding overhead electric utility lines to the extent such vegetation interferes with the safety or reliability of the provision of electricity.
(f) 
Complete preconstruction photographs or videos of the work site are highly recommended and burden of proof for any ROW damage shall be the responsibility of the permit holder.
(Ordinance 160 adopted 10/14/2025)
(a) 
Paving roadway surface shall follow timelines established in this article in section 12.05.030.
(b) 
Upon completion of backfill in accordance with section 12.05.030 stabilized fill shall be placed over compacted backfill up to the bottom of the ride surface:
(1) 
Eighteen (18) inches of stabilized fill on Principal and Minor Arterials.
(2) 
Twelve (12) inches of stabilized fill cap on alleys and residential streets.
(c) 
All cases where the Caliche Flex Base has become contaminated and 5 percent above optimum moisture and/or 2 percent or more deleterious the permit holder shall replace Caliche with Stabilized Base in accordance with the latest version of the City of Daisetta Minimum Design Standards and Specifications.
(d) 
Finished surface, including asphalt and concrete, shall not have irregularities in excess of one eighth (1/8) inch when tested with a ten (10) foot straightedge. All roadway surfaces must match the existing roadway profiles.
(e) 
Concrete mix paving restoration requirements:
(1) 
Concrete shall meet City of Daisetta Standards and Specification and/or design specifications of the existing roadway, whichever is greater.
(2) 
Transverse concrete cuts shall be saw-cut to the depth of the reinforcing steel eighteen (18) inches past excavation and the remaining depth of the concrete shall be broken free from the roadway. Leaving eighteen (18) inches of reinforcing steel protruding from the roadway into the re-compacted roadway.
(3) 
Longitudinal cuts shall be made at the edge of the affected lane or construction joint, whichever comes first in accordance with City of Daisetta Engineering Minimum Design Standards and Specifications.
(4) 
Reinforcing steel shall be tied using steel tie wire to the protruding reinforcing steel. Welding shall not be used to attach steel reinforcing See City of Daisetta Engineering Minimum Design Standards and Specifications.
(5) 
Concrete placement shall be done in the manner indicated in the latest City of Daisetta Standards and Specifications.
(6) 
Tine marks shall match existing roadways.
(f) 
Hot mix asphalt concrete (HMAC) placement requirements:
(1) 
HMAC must meet the Minimum Design Standards and Specifications and/or design specifications for the existing roadway, whichever is greater.
(2) 
HMAC shall be cut the full depth of the roadway is a straight line twenty-four (24) inches beyond the widest point of the excavation. Saw cut shall be straight and 90 degrees to the roadway surface.
(3) 
The tack coat shall be evenly and thoroughly applied to all exposed surfaces with an approved sprayer as directed by the City of Daisetta Engineer or Mayor. Minimum thickness shall be not less than two (2) mil. Thick mopping or booming of tack coat is not allowed.
(4) 
HMAC must be a minimum of two (2) inches, compacted to not less than 94%, and not greater than 98% with a target of 96.5% using Texas Gyratory compaction method.
(g) 
All ride surfaces shall be constructed in accordance with the City Engineer Minimum Design Standards and Specifications.
(Ordinance 160 adopted 10/14/2025)
(a) 
ROW user or permit holder shall be responsible for removing from the ROW all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation.
(b) 
Streets shall be cleaned by a street sweeper or other acceptable means. The permit holder shall remove all construction debris, brush and clean the surrounding area within one (1) business day of placement of materials.
(c) 
All locate flags shall be removed during the cleanup process by contractor at the completion of the work.
(Ordinance 160 adopted 10/14/2025)
Upon order of the City of Daisetta, all work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this article, shall be removed and replaced no later than ten (10) days after notification of deficient work. All noncomplying work or damage done to ROW, private property, or utility must be repaired in accordance with all state law, city code, or applicable standards and specifications before ROW user or permit holder continues construction procedures.
(Ordinance 160 adopted 10/14/2025)
If any portion of the ROW over or near any excavation should fail in any way at any time after the excavation has been made during the remaining life of the street, the permit holder, utility, or ROW user shall be required to bring the work into compliance. Failure to start the repair within fifteen (15) days after notification may result in the permit holder, utility, or ROW user being required to reimburse the city for the cost to restore the street, ROW, or alley.
(Ordinance 160 adopted 10/14/2025)
All ROW users or permit holders shall submit a traffic control plan to the City of Daisetta's Planning Department for any lane closures or any work that encroaches on the roadway or in an area in which traffic will be disrupted. All traffic control devices must conform to the latest TMUTCD.
(Ordinance 160 adopted 10/14/2025)
The City of Daisetta Public Works Department may require that work be performed at non-peak hours, if deemed to be necessary in the interest of public safety and/or to avoid traffic congestion.
(Ordinance 160 adopted 10/14/2025)
The City of Daisetta may revoke any permit if traffic control devices:
(1) 
Are not in compliance with the latest TMUTCD requirements;
(2) 
Are not maintained, clean, visible, and reflective to the traveling public; or
(3) 
Are continually in disarray or unsafely arranged.
(Ordinance 160 adopted 10/14/2025)
Upon registration, all ROW users shall provide the city a one hundred thousand dollar ($100,000) perpetual bond issued by an insurance company licensed to operate in the State of Texas, valid until released by City of Daisetta Permits Department. City of Daisetta Permits Department will release bond twelve (12) months after last permit was issued.
(Ordinance 160 adopted 10/14/2025)
(a) 
Any City contractor or city crews installing facilities that will ultimately be owned or managed by the city will be exempted for obtaining a bond or cash equivalent.
(b) 
Any City contractor or city crews working within the ROW on behalf of the City of Daisetta shall be exempt from Permit Application Fee.
(c) 
Any excavation deemed an emergency as described by this article section 12.05.005 shall not require a bond or cash equivalent.
(Ordinance 160 adopted 10/14/2025)
There shall be a non-refundable permit application fee of fifty dollars ($50) for projects deemed small and/or medium and a fee of one hundred fifty dollars ($150) for projects deemed large. Permits shall be issued or denied pursuant to 12.05.013.
(Ordinance 160 adopted 10/14/2025)
A roadway usage fee of fifty dollars ($50.00) per day shall be applied to any permit that exceeds the completion date established on the permit or fails to meet any established timeline as defined in this article, section 12.05.024.
(Ordinance 160 adopted 10/14/2025)
Telecommunications providers shall pay the right-of-way access fee for all Facilities within the City's public rights-of-way, including those already constructed at the time of this article, described in Texas Local Government Code § 283.051(a) and any subsequent amendments.
(Ordinance 160 adopted 10/14/2025)
(a) 
All transmission and distribution structures, lines and equipment erected by any utility or telecommunication company within the city shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys, or other public ways and places.
(b) 
Telecommunication pedestals must be installed below ground level at grade and the design of same approved by the Daisetta Planning Department.
(Ordinance 160 adopted 10/14/2025)
In order to protect the health and safety of our citizens, ROW Users shall not commence construction within the City's ROW until the City has performed utility line locates within the requested permitted area. Proceeding without these locates could result in permit revocation.
(Ordinance 160 adopted 10/14/2025)
No utility or telecommunications company shall place any poles or other fixtures where the same will interfere with any gas, electric, or telephone fixtures, water hydrant or main, sewer line or drainage facility, and all such poles and other fixtures shall be placed as directed by the Mayor of the city and in such manner as not to interfere with the usual travel or use of streets, alleys, or public ways.
(Ordinance 160 adopted 10/14/2025)
Utility or Telecommunications companies shall only use the directional boring method to install or replace utilities within the ROW, unless otherwise approved by the City's Mayor.
(Ordinance 160 adopted 10/14/2025)