§ 91.41 RIGHT-OF-WAY PERMIT PROCEDURES.
   (A)   After completing the registration provided above, all right-of-way users shall complete and submit a right-of-way permit application (a copy of which is attached as an exhibit to Ord. 109-22). In addition, the permit applicant must provide proof of liability insurance coverage in the amount of $300,000 with the City of Sweeny being listed as an additional insured, consistent with § 114.03 of the Code of Ordinances of the city. A certified telecommunications provider shall meet the bonding and insurance requirements established in Tex. Local Gov't Code Chapter 283 in lieu of this division. If the application contains a request for lane closures, the applicant must also furnish a traffic control plan.
   (B)   In addition to the submittal of a completed application, applicants who are applying for a permit to perform work for franchised utilities must pay a permit fee as set in the fee schedule to the city. Applicants who are applying to perform work for non-franchised utilities shall be required to pay a minimum fee as set in the fee schedule. All permit fees required to be paid by this subchapter shall be non-refundable.
   (C)   Prior to beginning work in the city’s right-of-way, the applicant must have a preconstruction meeting with city staff that includes staff members from Public Works, and possibly the City Engineer. Pre-construction meetings need to be requested in writing by emailing the city staff.
   (D)   Construction/site plans in accordance with accepted industry standards must be included with the permit application. Plans must be made accordingly for water needed during construction as the City of Sweeny does not sell bulk water.
   (E)   No person shall perform any construction or installation of structures of facilities in the rights-of-way without notifying the city at least five working days prior to the commencement of the project or as approved by the City Manager or City Manager designee. In all cases where plan review is required and in all major projects, the notification must be provided at least 30 days prior to commencement of the project. For purposes of this section, MAJOR PROJECTS shall mean any construction that requires a pavement cut of a length of 300 linear feet or greater within any single street or alley. Notification will be required in the name of the person who will own the facilities to be constructed. This notification must be completed and signed by a representative of the owner of the facilities to be constructed. An exception to the notification requirements stated herein is construction, repair, maintenance or installation of facilities necessary to install or restore service to a customer’s property or to address a public health or safety emergency.
   (F)   It is provided that calling 8-1-1 to locate utilities is not sufficient notification. The right-of-way user MUST contact Sweeny Public Works and schedule utility location for the site. Registered users working in the right-of-way are responsible for obtaining line locations for all affected utilities ad verifying prior to any excavation or boring. An exception to the notification requirements stated herein is construction, repair, maintenance or installation of facilities necessary to install or restore service to a customer’s property or to address a public health or safety emergency.
   (G)   The contractor performing the work described in this subchapter is prohibited from working between the hours of 4:00 p.m. to 8:00 a.m. on weekdays. No work is permitted on Saturdays or Sundays or on any municipal holidays. The City Manager or the Public Works Department reserve the right to shorten work hours and/or modify work hours based on staffing and response capacity.
   (H)   It is the contractor’s responsibility to contact and obtain permits from any entity other than the city which requires additional permitting within rights-of-way located in the city. For example, the Texas Department of Transportation is such an entity independent from the city which requires permits to operate with State of Texas rights-of-way. The city grants right-of-way permits only on City of Sweeny rights-of-way.
(Ord. 109-22, passed 7-25-22)
Cross-reference:
   Fee schedule, see § 38.01