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(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)
(A) No person, agency, network provider, or public infrastructure contractor may close a public street without first obtaining a permit from the City Engineer. An application for a maintenance permit and a traffic control plan shall be submitted to the City Engineer no less than seven business days prior to the date of the proposed closure unless an emergency exists, in which case immediate notice must be given to the City Engineer. If a proposed construction project is to be made in the public right-of-way dedicated to the State of Texas, a city permit shall be required in addition to any and all permits required by the state.
(B) When it is necessary to obstruct traffic, an application for a maintenance permit and a traffic control plan shall be submitted to the City Engineer prior to starting construction. No permit will be issued until the traffic control plan is approved by the City Engineer. No agency, network provider, or public infrastructure contractor shall block access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless the agency, network provider, or public infrastructure contractor provides the city with written verification of written notice delivered to the owner or occupant of the facility, equipment, or property at least 48 hours in advance.
(C) When necessary for public safety, the agency, network provider, or public infrastructure contractor shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the City Engineer.
(D) Unless approved by the City Engineer, the agency, network provider, or public infrastructure contractor shall not impede rush hour traffic on major thoroughfares during the morning or evening rush hours. No construction shall be performed, nor shall any traffic lane be closed to traffic during the hours of 6:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m., Monday through Friday, without the written approval of the City Engineer.
(E) Lane closures on major thoroughfares will be limited to no more than two hours at any time outside of the morning and evening rush hours unless approved by the City Engineer.
(F) Traffic control devices and barricades, as defined in Part VI of the Manual on Uniform Traffic Control Devices, or any successor publication thereto, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices and barricades are to be supplied by the agency, network provider, or public infrastructure contractor. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights.
(G) Part VI of the Manual on Uniform Traffic Control Devices, or any successor publication thereto, shall be used as a guide for all maintenance and construction signing. The agency, network provider, or public infrastructure contractor shall illustrate on the permit the warning and control devices proposed for use. At the direction of the City Engineer, such warning and control devices shall be modified.
(H) The City Engineer may refuse to issue a permit if proposed construction activity will substantially interfere with vehicular traffic flow on major thoroughfares or is inconsistent with procedures of this chapter.
(Ord. O-23-978, passed 7-17-2023)
(A) The agency, network provider, or public infrastructure contractor shall be responsible for maintaining all street cuts in such a manner as to avoid a hazard to vehicular and pedestrian traffic until permanently repaired.
(1) When emergency repairs are deemed necessary by the City Engineer to correct a situation that is hazardous to the public, the agency, network provider, or public infrastructure contractor that is responsible for the cut shall be notified immediately. If the agency, network provider, or public infrastructure contractor does not provide an acceptable schedule for making the emergency repair within eight hours of being notified, the repairs will be performed by the city, and the agency, network provider, or public infrastructure contractor will be billed for the repairs necessary to complete the project, including clean up.
(2) Agency, network provider, or public infrastructure contractor will be required to maintain the interim cut repair until they have completed final repairs.
(3) Traffic-bearing steel plates shall be utilized on all concrete paving cuts until required curing is accomplished. Asphalt shall be used to provide smooth ramps at the edges. Plates or asphalt may be used for temporary repairs.
(B) All damage caused directly or indirectly to the street surface or subsurface outside the pavement cut area shall be regarded as a part of the street cut. These areas, as established by the City Inspector, will be included in the total area repaired.
(C) The agency, network provider, or public infrastructure contractor shall notify the Public Works Department immediately of any damage to other utilities, either city or privately owned.
(D) Construction methods.
(1) The city’s special provisions to standard specifications for public works construction and the city’s standard construction details shall govern the cutting and restoration of street and alley pavements in the city. These requirements shall apply equally to any person, public infrastructure contractor, network provider, agency or city department who makes cuts and repairs to streets and alleys in the city. Any above or in-ground equipment shall not be partially or completely within the sidewalk area, or within 18-inches of the paved sidewalk, unless otherwise approved by the city.
(2) Permanent repairs of utility cuts in existing streets, alleys or easements will be completed by the agency, network provider, or public infrastructure contractor within 14 calendar days of beginning the work. If an agency, network provider, or public infrastructure contractor does not believe that it will be able to meet this schedule, the agency, network provider, or public infrastructure contractor must contact the City Engineer concerning an alternative schedule for the repairs. Any alternative schedule must be approved by the City Engineer prior to the beginning of the work. The agency, network provider, or public infrastructure contractor will be responsible for any maintenance of the repair for a period of one year after the repair is complete. Failure to do so will result in the use of the agency's, network provider's or public infrastructure contractor's performance warranty/guarantee by the city to repair any damage, and, possibly, the requirement of additional warrantee(s) and/or the denial of future permits.
(3) Steel plates left in the right-of-way after repairs are completed will be removed by the city and become the city's property.
(4) Excavation in street or alley pavements should begin with an air-hammer shovel, a pavement breaker or other equipment that will not damage the pavement outside an approximate width of the ditch prior to beginning trenching operations. All street excavations will be saw cut before the street is repaired. Full depth saw cuts are required.
(5) If the excavation is to pass under where the curb is installed without dummy/expansion joint, the agency, network provider, or public infrastructure contractor may saw cut a smooth line one foot beyond each side of the disturbed base. If no damage to curb is evident to the City Inspector, the agency, network provider, or public infrastructure contractor may pump concrete under curb and gutter on cuts less than one-foot wide. The City Inspector will make this determination prior to concrete being placed under existing curb and gutter.
(E) Notification of homeowners' and homeowner associations. When an agency, network provider, or public infrastructure contractor is installing more than 500 linear feet of underground facilities, the agency, network provider, or public infrastructure contractor shall notify in writing all homeowner associations, from information maintained by the city, and individual homeowners along the route. Door hangers are an acceptable form of written notification. This notification shall give information about the project, not limited to the proposed location of the facilities, the time length for construction and a contact person to report any problems. The agency, network provider, or public infrastructure contractor must also contact all homeowner associations concerning the location of any underground improvements.
(Ord. O-23-978, passed 7-17-2023)
(A) Agency, network provider, public infrastructure contractor responsibility. The agency, network provider, or public infrastructure contractor shall be fully responsible for the cost and actual performance of all work in the public rights-of-way. The agency, network provider, or public infrastructure contractor shall do all work in conformance with any and all engineering regulations, construction specifications, and design standards adopted by the city. These standards shall apply to all work in the public rights-of-way unless otherwise indicated in the permit.
(B) All restoration shall result in a work site condition equal to or better than the condition in which the site existed prior to construction. Restoration must be approved by the City Engineer. In addition to the regulations, specifications, and standards referred to in division (A), the following provisions shall apply to work in the public rights-of-way of the city:
(1) Restoration must be to the reasonable satisfaction of the City Engineer and the property owner. The restoration shall include, but not be limited to:
(a) Replacing all ground cover with the type of ground cover damaged during work or better by sodding, as directed by the city;
(b) Installation of all manholes and handholes, as required;
(c) Backfilling of all bore pits, potholes, trenches or any other holes which must be done within seven business days after excavation of the bore pits, potholes, trenches or other holes, unless other safety requirements are approved by the City Engineer;
(d) Leveling of all trenches and backhoe lines;
(e) Restoration of excavation site to city specifications;
(f) Restoration of all landscaping, trees, shrubs, ground cover, and sprinkler systems; and
(g) Repairing and replacing existing erosion control devices that have been damaged or destroyed as a part of the work.
(2) All locate flags shall be removed during the clean-up process by the agency, network provider, or public infrastructure contractor at the completion of the work.
(3) Restoration must be made in a timely manner as agreed upon by the City Engineer and the agency, network provider, or public infrastructure contractor. If restoration is not satisfactory and/or is not performed within the agreed upon timeframe, all work in progress, except that related to the problem, including all work previously permitted but not complete, may be halted and a hold may be placed on any permits not approved until all restoration is complete, or the city may complete the work and bill the agency, network provider, or public infrastructure contractor for the repairs performed by the city.
(Ord. O-23-978, passed 7-17-2023)
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