§ 12.5-139 MINIMUM REQUIREMENTS FOR USE AGREEMENTS.

   Any use agreement approved by the city manager as allowed by this division shall at a minimum provide for:

   (a)   An insurance policy or policies naming the city as an additional insured, with policy types and limits determined by a representative from the risk management division of finance. When factors so warrant, and the risk management division of finance believes the city will be properly protected, the risk management division of finance may approve self-insurance;

   (b)   The indemnification of the city by the property owner for all claims and damages arising from use agreement activities;

   (c)   The relocation of monitoring wells if required for street and utility repair and maintenance;

   (d)   Minimal disturbance of traffic;

   (e)   Minimal disturbance of the peace of nearby residential neighborhoods;

   (f)   The protection of the city’s municipal separate storm sewer system and the city’s sanitary sewer from use agreement activities;

   (g)   The proposed drilling depth for soil borings and monitoring wells, locking caps on wells, and restoration of city property following completion or abandonment of contract activities;

   (h)   Barricading during sampling and drilling of monitoring wells;

   (i)   Inspection of operations by the environmental manager and city traffic engineer, and authority of same to halt use agreement activities when necessary to protect the environment or traveling public;

   (j)   Drilling to be performed by a contractor licensed and bonded to work in the public right-of-way, and licensed under Tex. Water Code Chapter 32;

   (k)   Certification of utility clearance prior to drilling; and

   (l)   Fees to offset the city’s cost of regulating and monitoring use agreement activities as determined by a schedule set by the city council.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 14934, § 4, passed 1-22-2002)

§ 12.5-140 PRIORITY OF PLACEMENT.

   It is the city’s position that the placement of subsurface environmental sampling sites and monitoring wells shall follow the order of priority set forth below, and that sampling sites and monitoring wells be permitted on city roadways or in stormwater drainage channels only as a last resort. In declining order of priority, sampling sites and monitoring wells shall be placed:

   (a)   On the property owner’s property, not within a public easement;

   (b)   On adjacent private property, not within a public easement;

   (c)   On the property owner’s property, within a public easement;

   (d)   On adjacent private property, within a public easement;

   (e)   On city-owned property, excluding rights- of-way;

   (f)   Within city right-of-way, excluding roadways, sidewalks and stormwater drainage channels;

   (g)   Within city right-of-way, including roadways and sidewalks, but excluding stormwater drainage channels; and

   (h)   Within city right-of-way, including stormwater drainage channels.

(Ord. 12274, § 1, passed 11-28-1995)

§§ 12.5-141—12.5-144 RESERVED.

SUBDIVISION II: SUB-SURFACE ENVIRONMENTAL SAMPLING

§ 12.5-145 INFORMAL REQUEST FOR SUBSURFACE ENVIRONMENTAL SAMPLING.

   (a)   A property owner seeking permission to conduct subsurface environmental sampling on city right-of-way, property or easements shall submit an informal written request to the environmental manager.

   (b)   The informal request shall include:

      (1)   A complete history of the release prompting the request;

      (2)   A scale drawing detailing: all adjacent property and improvements within 100 feet of the proposed sampling site(s); and the location of other soil borings made and monitoring wells placed in response to the release;

      (3)   The preliminary location, scope and details of all proposed sampling operations; and

      (4)   Documentation which shows the commission’s or EPA’s directive necessitating the request, if applicable.

   (c)   After receiving the request, the environmental manager shall review it and either:

      (1)   Approve it for further processing and notify the requestor;

      (2)   Return it to the requestor for more information; or

      (3)   Deny the request.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-146 FORMAL REQUEST FOR SUBSURFACE ENVIRONMENTAL SAMPLING.

   (a)   If a preliminary request is approved for further processing, the requestor shall submit a formal written request plus seven copies of same to the environmental manager.

   (b)   The formal request shall:

      (1)   Document contacts with the following persons regarding the release:

         a.   T.U. Electric Company;

         b.   Lone Star Gas Company;

         c.   Southwestern Bell Telephone Company;

         d.   Sammons Cable;

         e.   Any other utility company with a city franchise or license;

         f.   Texas department of transportation (if applicable);

         g.   Tarrant County water control and improvement district (if applicable);

         h.   Tarrant County department of transportation and public works (if applicable);

         i.   Trinity River Authority (if applicable); and

         j.   The adjacent private property owner (if applicable).

      (2)   Contain detailed information regarding the proposed sampling, including:

         a.   The exact location of all sampling sites, the type and depth of the samples, the hours of operation and barricading;

         b.   The equipment to be used in the sampling;

         c.   The names and qualifications of the businesses involved in the sampling, and the name, title and phone number of the project manager who will oversee the sampling; and

         d.   The timetable for all sampling operations.

   (c)   After receiving the formal request, the environmental manager shall send copies of the request to the following city officials/departments:

      (1)   City attorney;

      (2)   Risk management division of finance;

      (3)   City fire chief;

      (4)   City traffic engineer;

      (5)   Department of water, engineering services division;

      (6)   [Reserved];

      (7)   Department of planning and development; and

      (8)   Department of parks and recreation (if the request will involve use of city parks land).

   (d)   The officials/departments listed in subsection (c) above may provide the environmental manager with requirements to be imposed on the requestor, and other recommendations including alternate sites. The environmental manager shall review such requirements and recommendations and shall incorporate them into the use agreement to the degree practicable, but shall have the approval authority of the formal request. However, any sampling which will be done in city right-of-way shall also require the approval of the city traffic engineer on matters of traffic safety.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 14934, § 5, passed 1-22-2002; Ord. 17522, § 5, passed 4-27-2007; Ord. 18319-09-2008, § 6, passed 9-30-2008)

§ 12.5-147 USE AGREEMENT FOR SUBSURFACE ENVIRONMENTAL SAMPLING.

   (a)   If the environmental manager and city traffic engineer (if applicable) approve the formal request, the environmental manager shall prepare a written use agreement setting forth the city’s requirements, and shall deliver it to the requestor.

   (b)   After the requestor returns the signed use agreement to the environmental manager, along with the required fee and appropriate proof of insurance or self-insurance and certification of utility clearance for all city-franchised utility companies, and when applicable, of the other persons listed in § 12.5-146(b)(1), the commission and the EPA, the environmental manager shall present it to the city manager for final review. The city manager may then approve or reject the use agreement.

   (c)   The use agreement shall take the place of any permits required by the city elsewhere in this code, to do the work allowed by the agreement.

(Ord. 12274, § 1, passed 11-28-1995)