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(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)
In the city, the public infrastructure must be maintained and protected by all agencies, network providers, and public infrastructure contractors. The public health, safety and welfare is at risk when damages to water and sewer mains occur. To protect the water and sewer system, no person, agency, network provider, or public infrastructure contractor will be allowed to directionally bore longitudinally with water and sewer mains that are 12-inches or larger. The installation of facilities in the public rights-of-way will be installed by open excavation to assure the protection of the city's water and sewer system. The city has available mapping that identifies such mains. The agency, network provider, or public infrastructure contractor is responsible for obtaining and using this information in the design of new facilities. When boring is acceptable, pothole process is required for 12-inches or larger water and sewer mains or any main that is deemed critical by the city. Bore time is restricted to the following schedule: 7:00 a.m. to 4:00 p.m. Monday through Thursday, 7:00 a.m. to noon on Friday and no bore on Saturday and Sunday. Missiles are not considered directional boring and are not allowed unless otherwise approved by the city.
(Ord. O-23-978, passed 7-17-2023)
(A) Excavations in city rights-of-way disrupt and interfere with the public use of the city streets and damage the pavement and landscaping. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among agencies, network providers, or public infrastructure contractors making excavations in public rights-of-way and between these agencies, network providers and public infrastructure contractors and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible and will ensure the excavations in city rights-of-way are, to the maximum extent possible, performed before, rather than after, the reconstruction of the streets by the city.
(B) Utility coordination meeting.
(1) The city will hold a utility coordination meeting a minimum of two times per year. The purpose of the meeting is for the city to inform agencies, network providers, and public infrastructure contractors of proposed and current community investment projects in the city and also for the agencies, network providers, and public infrastructure contractors to inform each other and the city of current and future projects. Each agency, network provider and public infrastructure contractor is encouraged to attend and participate in the meetings of the city, of which the agency, network provider, or public infrastructure contractor will be made aware.
(2) The city will notify the affected agencies, network providers, and public infrastructure contractors at least six months before construction will start on a city project. Preliminary plans will be provided to the affected agencies, network providers, and public infrastructure contractors at least four months before the project is to start construction. Final plans will be provided to the affected agencies, network providers, and public infrastructure contractors at least two months before the project is to start construction.
(3) Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, the agency, network provider, or public infrastructure contractor shall work with other agencies, network providers, and public infrastructure contractors so as to reduce as much as possible the number of right-of-way cuts within the city.
(C) Excavation master plan. In addition to participating in the utility coordination meetings, any agency, network provider, or public infrastructure contractor owning, operating or installing facilities in public rights-of-way, providing water, sewer, gas, electric, communication, video, or other utility services, shall meet annually with the City Engineer, at the City Engineer's request, to discuss agency's, network provider's, or public infrastructure contractor's excavation master plan. At such meeting, to the extent not already in possession of the city, agency, network provider, or public infrastructure contractor shall submit documentation, in a form required by the City Engineer, showing the location of the agency's, network provider's, or public infrastructure contractor's existing facilities in the public rights-of-way.
(1) Agency, network provider, or public infrastructure contractor shall discuss with the City Engineer its excavation master plan and identify planned major excavation work in the city. The City Engineer may make his or her own record on a map, drawing, or other documentation of each agency's or network provider's or public infrastructure contractor's planned major excavation work in the city; provided, however, that no such document prepared by the City Engineer shall identify a particular entity, or the planned major excavation work of that particular entity.
(2) Each agency or public infrastructure contractor shall submit annually, on or before March 31, a revised and updated excavation master plan. As used in this division, the term PLANNED MAJOR EXCAVATION WORK refers to any future excavations planned by the agency, network provider, or public infrastructure contractor when the excavation master plan or update is submitted that will affect any public rights-of-way for more than five business days, provided that the agency, network provider, or public infrastructure contractor shall not be required to identify future major excavations planned to occur more than three years after the date that the agency's, network provider's, or public infrastructure contractor's master plan or update is discussed.
(3) Between the annual meetings to discuss planned major excavation work, agency, network provider, or public infrastructure contractor shall inform the City Engineer of any substantial changes in the planned major excavation work discussed at the annual meeting. The city will not preclude an agency, network provider, or public infrastructure contractor from obtaining a permit for a project that was inadvertently excluded from the agency's, network provider's or infrastructure contractor's excavation master plan or was unknown at the time the plan was created.
(Ord. O-23-978, passed 7-17-2023)
(A) Noise, dust, debris, hours of work. Each agency, network provider, and public infrastructure contractor shall conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the agency, network provider, or public infrastructure contractor shall take appropriate measures to reduce noise, dust, and unsightly debris. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m., except with the written permission of the City Engineer, or in case of an emergency. Bore time is restricted to the following schedule: 7:00 a.m. to 4:00 p.m. Monday through Thursday, 7:00 a.m. to noon on Friday and no bore on Saturday and Sunday. Missiles are not considered directional boring and are not allowed unless otherwise approved by the city.
(B) Trash and construction materials.
(1) Each agency, network provider, and public infrastructure contractor shall maintain the work site so that:
(a) Trash and construction materials are contained so that they are not blown off of the construction site.
(b) Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard.
(c) Trash dumpsters and storage or construction trailers are not placed in the street without written approval of the City Engineer.
(2) Agency, network provider, or public infrastructure contractor may only use approved trash haulers when working in the public rights-of-way.
(C) Deposit of dirt and material on roadways. Each agency, network provider, and public infrastructure contractor shall eliminate the tracking of mud or debris upon any street or sidewalk. Equipment and trucks used during construction, excavation, or work activity shall be cleaned of mud and debris prior to leaving any work site.
(D) Protection of trees and landscaping. Each agency, network provider, and public infrastructure contractor shall protect trees, landscape, and landscape features as required by the city and shall be responsible for supplemental maintenance and watering during construction and until restoration is complete and in accordance with the performance warranty made the agency, network provider, or public infrastructure contractor under this chapter. All protective measures shall be provided at the expense of the agency, network provider, or public infrastructure contractor. Agency, network provider, or infrastructure contractor and its contractors and agents shall obtain written permission from the City Manager before trimming trees hanging over its facilities in the right-of-way. When directed by the City Manager, agency, network provider or infrastructure contractor shall trim under the supervision and direction of the Park's Director. The city shall not be liable for any damages, injuries, or claims arising from agency’s, network provider’s, or infrastructure contractor's actions under this section.
(E) Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousers are not permitted on paved surface unless specific precautions are taken to protect the surface. Agency, network provider, or public infrastructure contractor shall be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the agency's, network providers, or public infrastructure contractor's performance warranty/guarantee by the city to repair any damage, and, possibly, the requirement of additional warrantee(s).
(F) Protection of property. Each agency, network provider, and public infrastructure contractor shall protect from injury any public rights-of-way and adjoining property by providing adequate support and taking other necessary measures. Agency, network provider, or public infrastructure contractor shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the work and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public rights-of- way.
(G) Clean-up. As the work progresses, all public rights-of-way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up operations shall be done at the expense of the agency, network provider, or public infrastructure contractor. Agency, network provider, or public infrastructure contractor shall restore any disturbed area to its original condition or better. All restoration work must be completed within ten business days following the date of substantial completion of the work in the right-of-way. Such clean-up and restoration shall be subject to the sole, reasonable approval of the City Engineer.
(H) Vehicle parking. Each agency, network provider, and public infrastructure contractor shall make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted.
(I) Walkways. Each agency, network provider, and public infrastructure contractor shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk in conformance with this code.
(J) Graffiti abatement. As soon as practical, but not later than 14 calendar days from the date agency, network provider, or infrastructure contractor receives notice thereof, the agency, network provider or infrastructure contractor, shall remove all graffiti on any of its facilities located in the right-of-way. The foregoing shall not relieve the agency, network provider, or infrastructure contractor from complying with any city graffiti or visual blight ordinance or regulation.
(K) Signage. Agency, network provider, or infrastructure contractor shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the facility that is visible to the public. Signage required under this section shall not exceed four-inches by six-inches, unless otherwise required by law (e.g., RF ground notification signs) or the City Manager. Except as required by laws or by the utility pole owner, agency, network provider, or infrastructure contractor shall not post any other signage or advertising on the facilities or poles.
(L) Ownership. No part of any facilities placed on the right-of-way pursuant to this chapter will become or be considered by the city as being affixed to or a part of, the right-of-way, except for facilities accepted as city facilities by the City Engineer in writing. All other facilities placed in the right-of-way pursuant to this chapter will be and remain the property of the agency or network provider and may be removed by the agency or network provider at any time, provided the agency or network provider shall obtain permits or give notice as required by this chapter.
(M) Notification. Each agency, network provider, and public infrastructure contractor shall notify the Public Works Department 48 hours before undertaking any work in the right-of-way.
(Ord. O-23-978, passed 7-17-2023)
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