In this article:
(1) ABOVE GROUND UTILITY STRUCTURE or AGUS means any utility structure that extends higher than the surrounding grade.
(2) AGUS PLACEMENT GUIDELINES means a manual published by the city of Dallas that contains engineering, technical, and other special criteria and standards established by the director for the placement of above ground utility structures.
(3) BACKFILL means:
(A) the placement of new dirt, fill, or other material to refill an excavation; or
(B) the return of excavated dirt, fill, or other material to an excavation.
(4) CITY means the city of Dallas and the city's officers and employees.
(5) CLOSURE means a complete or partial closing of a sidewalk or one or more lanes of traffic of a thoroughfare for any period of time.
(6) CONSTRUCTION means any of the following activities performed by any person within a public right-of-way:
(A) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent.
(B) Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way.
(C) Performance, restoration, or repair of pavement cuts or excavations.
(D) Reconstruction of any of the work described in Paragraphs (6)(A) through (6)(C) of this subsection.
(E) Other similar construction work.
(7) DESIGN DISTRICT means an area the city council has designated as a:
(A) public improvement district pursuant to Chapter 372 of the Texas Local Government Code, as amended;
(B) reinvestment zone pursuant to Chapter 311 of the Texas Tax Code, as amended;
(C) planned development zoning district;
(D) form zoning district subject to Chapter 51A of this code, as amended; or
(E) conservation district.
(8) DESIGN MANUAL means a manual published by the city that contains engineering, technical, and other special criteria and standards established by the director for the placement, installation, collocation, replacement, and repair of network nodes, as that term is defined in Chapter 284 of the Texas Local Government Code, as amended, and any related infrastructure, including poles, in the public right-of-way.
(9) DIRECTOR means the director of public works or any designated representative.
(10) EMERGENCY ACTIVITY means circumstances requiring immediate construction or operations by a public service provider to:
(A) prevent imminent damage or injury to the health or safety of any person or to the public right-of-way;
(B) restore service; or
(C) prevent the loss of service.
(11) EXCAVATION means the removal of dirt, fill, or other material in the public right-of-way, including but not limited to the methods of open trenching, boring, tunneling, or jacking.
(12) FACILITIES means the plant, equipment, buildings, structures, poles, wires, cables, lines, conduit, mains, pipes, vaults, above ground utility structures, and appurtenances of a public service provider and includes property owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of the public service provider.
(13) MAJOR PROJECT means any construction that requires a pavement cut of a length of 300 linear feet or greater within any single street or alley or any construction in an area that the director determines occurs in an area of high vehicular traffic.
(14) PAVEMENT CUT means a cut made into the paved surface of the public right-of-way.
(15) PAVEMENT CUT AND REPAIR STANDARDS MANUAL means a manual published by the city of Dallas that contains engineering, technical, and other special criteria and standards established by the director for pavement cut, excavation, backfill, restoration, and repair activities in the public right-of-way.
(16) PERMITTEE means the person applying for or receiving a permit to perform construction within the city's right-of-way under the terms and conditions of this article. The term includes:
(A) any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and
(B) any contractor or subcontractor of the permittee, for purposes of compliance with the City of Dallas Pavement Cut and Repair Standards Manual and the traffic control, construction, and maintenance requirements of this article.
(17) PERSON means a natural person, a corporation, a public service provider, a governmental entity or agency (including the city), a limited liability company, a joint venture, a business trust, an estate, a trust, a partnership, an association, or any other legal entity.
(18) PUBLIC RIGHT-OF-WAY means any area of land within the city that is acquired by, dedicated to, or claimed by the city in fee simple, by easement, or by prescriptive right and that is expressly or impliedly accepted or used in fact or by operation of law as a public roadway, highway, street, sidewalk, alley, or utility access easement. The term includes the area on, below, and above the surface of the public right-of-way. The term applies regardless of whether the public right-of-way is paved or unpaved. The term does not include airwaves above the public right-of- way that fall under the exclusive jurisdiction of the United States government.
(19) PUBLIC SERVICE PROVIDER means any wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, storm water utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Chapter 284 of the Texas Local Government Code, as amended.
(20) SPOILS or EXCAVATED MATERIAL means construction waste, construction supplies, or excavated dirt, fill, or other similar material that is stored or placed upon the surface of a public right-of-way.
(21) SUBDIVISION means "subdivision" as defined in Article VIII, "Plat Regulations," of the Dallas Development Code, as amended.
(22) THOROUGHFARE means:
(A) a public traffic arterial, as designated in the city's thoroughfare plan;
(B) a nonresidential collector street, as defined in the Street Design Manual of the city of Dallas; and
(C) all streets within the central business district.
(23) UTILITY STRUCTURE:
(A) means any structure, cabinet, or other appurtenance (other than a pole or a device attached to a pole) that is owned or used by a public service provider to provide service; and
(B) does not include:
(i) a device or structure used to control or direct pedestrian or vehicular traffic on an adjacent roadway; or
(a) The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including but not limited to streetcars) and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law.
(b) The director is authorized to enter upon a construction site for which a permit is granted under this article or, where necessary, upon private property adjacent to the construction site, for purposes of inspection to determine compliance with the permit or this article.
(c) A person commits an offense if he:
(1) performs, authorizes, directs, or supervises construction without a valid permit issued under this article;
(2) violates any other provision of this article;
(3) fails to comply with restrictions or requirements of a permit issued under this article; or
(4) fails to comply with an order or regulation of the director issued pursuant to this article.
(d) A person commits an offense if, in connection with the performance of construction in the public right-of-way, he:
(1) damages the public right-of-way beyond what is incidental or necessary to the performance of the construction;
(2) damages public or private facilities within the public right-of-way; or
(3) knowingly fails to clear debris associated with the construction from a public right-of- way after construction is completed.
(e) It is a defense to prosecution under Subsection (d)(2) if the person complied with all of the requirements of this article and state law and caused the damage because the facilities in question:
(1) were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and
(2) could not otherwise be discovered in the public right-of-way through the use of due diligence.
(f) A person commits an offense if, while performing any construction or other activity along a public right-of-way (whether or not a building or other permit is required for the activity), the person:
(1) damages the public right-of-way or public or private facilities located within the public right-of- way; or
(2) fails to clear debris associated with the construction or other activity from a public right-of-way.
(g) It is a defense to prosecution under Subsections (f)(1) and (f)(2) that the person was performing all of the construction or other activity along the public right-of-way in compliance with any permit issued for the construction or activity.
(h) A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense under Subsection (d)(3) or (f)(2) is punishable by a fine of not less than $500 or more than $2,000. Any other offense under this article is punishable by a fine of $500. The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code.
(i) This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for a violation of this article.
(j) Prior to initiation of civil enforcement litigation, the permittee or any other person who has violated a provision of this article must be given the opportunity to correct the violation within the time frame specified by the director. This subsection does not prohibit the director or the city from taking enforcement action as to past or present violations of this article, notwithstanding their correction. (Ord. Nos. 24495; 26263; 28066)
(a) Nothing in this section relieves any person from obtaining a permit under this article to perform work in the public right-of-way.
(b) In order to protect the public health, safety, and welfare, a public service provider maintaining or operating existing facilities in the public right-of-way, and any other person working in the public right-of-way, must register with the director in accordance with the following requirements:
(1) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities or the person working in the public right-of-way.
(2) Registration expires March 1 of every year after the calendar year in which the first registration occurs. If a registration is not renewed by the expiration date, the director shall furnish written notice to the public service provider or person that the registration has expired. If a public service provider or person fails to renew registration within 30 calendar days after the director gives notice of the expiration, the facilities of the public service provider or person will be deemed to have been legally abandoned.
(3) If information provided as part of the registration changes, the public service provider or person must inform the director in writing not more than 30 days after the date the change occurs.
(4) The public service provider or person shall also include the following with the registration:
(A) The name of the public service provider or person 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 five years.
(B) If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission.
(C) The ordinance number of any franchise or license issued by the city of Dallas that authorizes the public service provider or person to use the public right-of-way.
(D) The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the public service provider or person. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area.
(E) The name, mailing address, and e-mail address of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person.
(F) The name, mailing address, e-mail addresses, and telephone number of any contractor or subcontractor, if known, who will be working in the public right-of-way on behalf of the public service provider or person.
(G) The names, telephone numbers, and e-mail addresses of at least two persons serving as emergency contacts who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge.
(H) Proof of existing insurance that complies with the following requirements:
(i) The minimum insurance coverage for a public service provider must be commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence, $25,000,000 products/completed operations aggregate, and $25,000,000 general aggregate, except that public service providers or persons conducting pavement cuts or excavations not more than 18 inches in depth from the top of the pavement must provide a minimum combined bodily injury (including death) and property damage limit of $500,000 per occurrence $500,000 products/completed operations aggregate, and $500,000 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(ii) The insurance filed by a public service provider or person working in the public right-of-way must also meet the same requirements as insurance filed by a permittee under Section 43-140(a)(3) through (a)(7). A public service provider or person registered under this section has the same duties, obligations, and liabilities as a permittee under Section 43-140(a)(3) through (a)(7), except that a public service provider or person registered under this section does not have to file separate proof of insurance every time it obtains a permit to perform work in the public right-of-way.
(iii) If the public service provider or person is an entity that has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum tangible net worth of at least $100,000,000, proof of self-insurance sufficient to meet the coverage required in this subparagraph is sufficient to satisfy the insurance requirements of this subparagraph.
(5) The insurance requirements of Subsection (b)(4)(H) of this section do not apply to:
(A) construction or other activity performed by the city's own departments or by contractors hired by the city and working on city-owned facilities within the public right-of-way; or
(B) a public service provider or person operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council. (Ord. Nos. 24495; 26263; 29993)
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