§ 90.093 MAXIMUM HEIGHT OF SHRUBS AND SIMILAR PLANTS.

   No person shall plant, grow or maintain in any restricted area any plant, hedge, shrub or other growth, except trees, at a height greater than three feet from the street gutter flow line.

(1998 Code, § 106-146) Penalty, see § 10.99

§ 90.094 MINIMUM CLEARANCE OF TREES.

   Any trees planted, grown and maintained in any restricted area shall not have branches or foliage extending from the trunk thereof at a height lower than 15 feet from the street gutter flow line.

(1998 Code, § 106-147) Penalty, see § 10.99

CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY

§ 90.105 FINDINGS AND PURPOSE.

   (A)   The purpose of this subchapter is to:

      (1)   Assist in the management of facilities placed in, on or over the public rights-of-way, in order to minimize the congestion, inconvenience, visual impact and other adverse effects and the costs to the citizens resulting from the placement of facilities within the public rights-of-way;

      (2)   Govern the use and occupancy of the public rights-of-way;

      (3)   Assist the city in its efforts to protect the public health, safety and welfare;

      (4)   Conserve the limited physical capacity of the public rights-of-way held in public trust by the city;

      (5)   Preserve the physical integrity of the streets and highways;

      (6)   Control the orderly flow of vehicles and pedestrians;

      (7)   Keep track of the different entities using the rights-of-way, to prevent interference between them;

      (8)   Assist on scheduling common trenching and street cuts; and

      (9)   Protect the safety, security, appearance and condition of the public rights-of-way.

   (B)   This subchapter may be referred to as the “Construction in the Public Rights-of-Way Ordinance”.

(1998 Code, § 106-171) (Ord. 99-51, passed 8-18-1999)

§ 90.106 AUTHORITY; SCOPE.

   This subchapter applies to all persons that place facilities in, on or over public rights-of-way.

(1998 Code, § 106-172) (Ord. 99-51, passed 8-18-1999)

§ 90.107 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AFFILIATE. A person who controls, is controlled by or is under common control with a provider.

   CERTIFICATED TELECOMMUNICATIONS PROVIDER. Any entity that has been granted a certificate from the State Public Utility Commission under Tex. Utilities Code Ch. 54 authorizing that entity to provide local exchange telephone service.

   CITY. The City of Texas City, Texas. As used throughout, the term CITY also includes the designated agent of the city.

   CITY ENGINEER. The City Engineer of the city or the City Engineer’s designee.

   DIRECTION OF THE CITY. All ordinances, laws, rules, resolutions and regulations of the city that are not inconsistent with this subchapter and that are now in force or may hereafter be passed and adopted.

   FACILITIES. Any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures, plant and appurtenances, and all associated physical equipment placed in, on or under the public rights-of-way.

   PERSON. A natural person (an individual), corporation, company, association, partnership, firm, limited-liability company, joint venture, joint stock company or association and other such entity.

   PUBLIC RIGHTS-OF-WAY. The area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easement in which the municipality has an interest. The term does not include the airwaves above a PUBLIC RIGHT-OF-WAY with regard to wireless telecommunications.

(1998 Code, § 106-173) (Ord. 99-51, passed 8-18-1999)

§ 90.108 MUNICIPAL AUTHORIZATION REQUIRED.

   (A)   Any person seeking to place facilities on, in or over the public rights-of-way shall first file an application for a building permit with the city and shall abide by the terms and provisions of this subchapter pertaining to use of the public rights-of-way.

   (B)   Any person, except a certificated telecommunications provider, prior to placing, reconstructing or altering facilities in, on or over the public rights-of-way, must obtain separate municipal authorization from the city.

   (C)   Any person with a current, unexpired consent, franchise, agreement or other authorization from the city (“grant”) to use the public rights-of-way that is in effect at the time this subchapter takes effect shall continue to operate under and comply with that grant until the grant expires or until it is terminated by mutual agreement of the city and the person, or terminated as otherwise provided for in law.

(1998 Code, § 106-174) (Ord. 99-51, passed 8-18-1999)