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(A) Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public rights-of-way if the agency, network provider, or public infrastructure contractor fails to make the necessary repairs or to complete the work under the permit.
(B) The agency, network provider, or public infrastructure contractor, by acceptance of the permit, expressly warrants and guarantees complete performance of the work affecting the city's right- of-way in a good and workmanlike manner acceptable to the city and warrants and guarantees all such work done for a period of one year after the date of acceptance and agrees to maintain upon demand and to make all necessary repairs during the one-year period. This warranty shall include all repairs and actions needed as a result of:
(1) Defects in workmanship;
(2) Settling of fills or excavations;
(3) Any unauthorized deviations from the approved plans and specifications;
(4) Failure to barricade;
(5) Failure to clean up during and after performance of the work;
(6) Restoration of improvements including, but not limited to, landscaping and irrigation; or
(7) Any other violation of this chapter or the ordinances of the city.
(C) The one-year warranty period shall run from the date of the city's acceptance of the work which shall be the date of the letter of acceptance issued by the city to the agency, network provider, or public infrastructure contractor. If repairs are required during the one-year warranty period, those repairs need only be warranted until the end of the initial one-year period starting with the date of acceptance. It is not necessary that a new one-year warranty be provided for subsequent repairs after probationary acceptance.
(D) At any time prior to completion of the one-year warranty period, the city may notify the agency, network provider, or public infrastructure contractor of any needed repairs. Such repairs shall be completed within 24 hours if the defects are determined by the city to be an imminent danger to the public health, safety, and welfare. Non-emergency repairs shall be completed within 15 calendar days after notice.
(Ord. O-23-978, passed 7-17-2023)
(A) An annual public right-of-way rate for use of the public right-of-way is assessed to all owners of network nodes in an amount equal to the lower of the greatest amount allowed by Tex. Local Govt. Code Chapter 284 and the greatest amount allowed by federal law, as further amended, multiplied by the number of network nodes installed in the public right-of-way within the city's boundaries. For purposes of calculating the rate, the date of installation shall be six months from the date of permit approval. Fees will continue until the owner of the network node notices the city of abandonment of the facility pursuant to § 96.27.
(B) A network provider must pay a monthly public right-of-way rate for transport facilities in an amount equal to the lower of the greatest amount allowed by Tex. Local Govt. Code Chapter 284 and the greatest amount allowed by federal law, as further amended, multiplied by the number of the network provider's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider's payment of city fees to the city exceeds its monthly aggregate per-node compensation. The monthly fee shall begin six months from the date of permit approval. Fees will continue until the network provider notices the city of abandonment of the transport facilities pursuant to § 96.27.
(C) A network provider must pay the amount equal to the lower of the greatest amount allowed by Tex. Local Govt. Code Chapter 284 and the greatest amount allowed by federal law, as further amended, per year per service pole for collocation of a network node on a city-owned service pole. The monthly fee shall begin six months from the date of permit approval. Fees will continue until the owner of the network node notices the city of the abandonment of the facility pursuant to § 96.27.
(D) Late fees may be assessed as allowed by law.
(Ord. O-23-978, passed 7-17-2023)
(A) In order to protect the public health, safety and welfare, all agencies, network providers, and public infrastructure contractors placing facilities or engaging in construction, excavation, encroachments, and work activities within or upon any public right-of-way must register with the city. Registration expires December 31. Registration shall include:
(1) The name, address, and telephone number(s) of the owner of the facilities to be located in the public rights-of-way, including the business name, assumed name, or trade name under which the agency operates or under which it has operated within the past five years. In the case of a public infrastructure contractor, the name, address, and telephone number(s) of the public infrastructure contractor and the name, address, and telephone number(s) of the developer for whom the public infrastructure contractor is working.
(2) The name(s), address(es) and telephone number(s) of the person(s) who will be contact person(s) for the owner.
(3) The name(s), address(es) and telephone number(s) of any contractor(s) or subcontractor(s) who will be working in the public rights-of-way on behalf of the owner.
(4) The name and telephone number(s) of an emergency contact for the owner who shall be available 24 hours a day.
(5) The name(s), address(es) and telephone number(s) of the person(s) who will be attending the utility coordination meetings for the owner.
(6) The name(s), address(es) and telephone number(s) of the person(s) who will be receiving plans of city construction projects on behalf of the owner.
(7) The name, address, and telephone number(s) of the person who will be responsible for receiving notification of abandonment issues on behalf of the owner.
(8) Proof of insurance as required by § 96.12.
(9) For agencies that are certificated telecommunications providers, a copy of the notice of approval issued by the Public Utility Commission of Texas that grants the certificated telecommunications provider a service provider certificate of operating authority (SPCOA) or certificate of convenience and necessity (CCN).
(10) The ordinance number of any franchise or license, if any, issued by the City of Ferris that authorizes the owner to use the public rights-of-way.
(B) Registration shall be a prerequisite to issuance of a permit. Each agency, network provider, and public infrastructure contractor shall update and keep current its registration with the city at all times.
(Ord. O-23-978, passed 7-17-2023)
(A) Any agency or network provider with facilities in the public rights-of-way shall submit plans of record in accordance with the following requirements:
(1) A city street map marked in such a manner as to evidence which Type F and above thoroughfares along which the agency or network provider has placed facilities (not including boxes and other appurtenances) shall serve as the plans of record for the agency or network provider. The address and GPS coordinates must be included for any pole or equipment collocated on a pole. The city street map will be made available in a digital format upon request to the City Engineer.
(2) On or before January 31 of each calendar year following the initial submittal of its plans of record, an agency or network provider shall provide to the City Engineer plans of record that show all installations of new facilities, and all changes, additions, abandonments, and relocations relating to existing facilities completed in the previous calendar year, including the address and GPS coordinates for such facilities.
(B) Plans of record shall not include information that is a trade secret or other confidential information protected from disclosure by state law. Information marked "proprietary" or "confidential" will not be accepted by the city. Location information is not a trade secret or proprietary/confidential information, and this division may not be construed to authorize an agency or network provider to fail to provide location information.
(Ord. O-23-978, passed 7-17-2023)
(A) Responsibility for employees, courtesy and drug policy. Agencies, network providers and infrastructure contractors shall be responsible and liable for the acts and omissions of their employees, temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, and subcontractors in connection with the installations of facilities in the right-of-way, as if such acts or omissions were agency's, network provider's, or public infrastructure contractor's acts or omissions. Work in the public rights-of-way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Citizen satisfaction must be a priority in using the right-of-way. Agencies, network providers, and infrastructure contractors shall train their employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its facilities in the right-of-way. Employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City Manager, the employee is not interacting in a positive and polite manner with citizens, he or she shall request that the agency, network provider or infrastructure contractor take all remedial steps to conform to these standards. It is the policy of the city to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by agency’s, network provider's or infrastructure contractor's employees, contractors, subcontractors, or vendors while on city rights-of-way is prohibited.
(B) Minimal interference. Agency’s, network provider’s, or public infrastructure contractor's facilities shall be constructed or maintained in such a manner as not to interfere with sewers, water pipes, or any other property of the city, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the rights-of-way by, or under, the city's authority. The agency's, network provider's or public infrastructure contractor's facilities shall be located, erected, and maintained so as not to endanger or interfere with the lives of persons, or to interfere with improvements the city may deem proper to make or to unnecessarily hinder or obstruct the free use of the rights-of-way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation, or removal thereof, and shall not obstruct or impede traffic. The agency, network provider, or infrastructure contractor shall not cause any interference with city public safety radio system, traffic signal light system, or other city safety communications components.
(C) Responsibilities under permit; location of facilities.
(1) A permit does not relieve an agency, network provider, or public infrastructure contractor of the responsibility to coordinate with other utilities and to protect existing facilities. An agency, network provider, or public infrastructure contractor working in the right-of-way is responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the geographic information system or the plans of record does not satisfy this requirement.
(2) In performing location of facilities in the public rights-of-way in preparation for construction under a permit, agency, network provider, or public infrastructure contractor shall compile all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit and shall make that information available to the city in a written and verified format acceptable to the City Engineer.
(3) Protection of utilities. Before beginning excavation in any public right-of-way, an agency, network provider, or public infrastructure contractor shall contact the Texas One-Call System or any other company operating under the One-Call Statute and, to the extent required by Tex. Utilities Code Ch. 251, make inquiries of all ditch companies, utility companies, districts, local government departments, and all other agencies that might have facilities in the area of work to determine possible conflicts.
(a) Field locations shall be marked prior to commencing work. The agency, network provider, or public infrastructure contractor shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be affected by the work from damage during construction or settlement of trenches subsequent to construction.
(b) A person shall only use a water-based paint in the public right-of-way to mark the location of existing underground utilities. A person commits an offense, if a marking he or she makes in the public right-of-way to mark the location of existing underground utilities remains visible longer than 60 calendar days after being applied.
(D) Underground construction and use of poles.
(1) Facilities shall be maintained in an appropriate manner.
(2) Should the city desire to place its own facilities in trenches or bores opened by the agency, network provider, or public infrastructure contractor, the agency, network provider, or public infrastructure contractor shall cooperate with the city in any construction by the agency, network provider, or public infrastructure contractor that involves trenching or boring, provided that the city has first notified the agency, network provider, or public infrastructure contractor in some manner that it is interested in sharing the trenches or bores in the area in which the agency's, network provider's or public infrastructure contractor's construction is occurring. The agency, network provider, or public infrastructure contractor shall allow the city to place its facilities in the agency's, network provider's or public infrastructure contractor's trenches and bores, provided the city incurs any incremental increase in cost of the trenching and boring. The city shall be responsible for maintaining its respective facilities buried in the agency's, network provider's or public infrastructure contractor's trenches and bores under this division.
(E) Joint trenching. The public rights-of-way have a finite capacity for containing facilities. The City Engineer may require an agency, network provider, or public infrastructure contractor to share trench space to minimize the disruption of vehicular or pedestrian traffic. All facilities shall meet any applicable local, state, and federal clearance and other safety requirements, be adequately grounded and anchored, and meet the provisions of any contracts executed between agency, network provider, or public infrastructure contractor and the other joint user. Agency, network provider, or public infrastructure contractor may, at its option, correct any attachment deficiencies and charge the joint user for its costs.
(F) Excavation safety. On construction projects in which excavation will exceed a depth of five feet, the agency, network provider, or public infrastructure contractor must have detailed plans and specifications for excavation safety systems. The term EXCAVATION includes trenches, structural or any construction that has earthen excavation subject to collapse. The excavation safety plan shall be designed in conformance with state law and Occupational Safety and Health Administration (OSHA) standards and regulations.
(G) Erosion control. The agency, network provider, or public infrastructure contractor shall be responsible for storm water management erosion control that complies with city, state and federal guidelines. All installations shall comply with city standard construction details, as amended.
(H) On-site requirements. Agencies, network providers and public infrastructure contractors subject to this chapter must have a minimum of one English-speaking representative at the site where work is being performed at all times. Additionally, each of agency's, or network provider's or public infrastructure contractor's vehicles shall bear a sign identifying the agency, network provider, or public infrastructure contractor that owns the vehicles.
(I) Electrical supply. Agencies, network providers and public infrastructure contractors are responsible for obtaining any required electrical power services to their facilities. The city shall not be liable for any stoppages or shortages of electrical power furnished to the facilities, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the facilities or the act or omission of any other tenant of the structure or user of the right-of-way, or for any other cause beyond the control of the city. Generators and back-up generators are prohibited in the right-of-way.
(Ord. O-23-978, passed 7-17-2023)
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