Loading...
(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)
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)
(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)
(A) The City Engineer shall administer and enforce compliance with this subchapter.
(B) A person shall report information related to the use of the public rights-of-way that the City Engineer requires in the form and manner reasonably prescribed by the City Engineer.
(C) The City Engineer shall report to the City Commission upon the determination that a person has failed to comply with this subchapter.
(1998 Code, § 106-175) (Ord. 99-51, passed 8-18-1999)
(A) A person is subject to reasonable police-power regulation of the city to manage its public rights-of-way in connection with the construction, expansion, reconstruction, maintenance or repair of facilities in the public rights-of-way, pursuant to the city’s rights as a custodian of public property, based upon the city’s historic rights under state and federal laws.
(B) Such regulations include, but are not limited to, the following.
(1) At the city’s request, a person shall furnish the city accurate and complete information relating to the construction, reconstruction, removal, maintenance, operation and repair of facilities performed by the person in the public rights-of-way.
(2) A person may be required to place certain facilities within the public rights-of-way underground according to applicable city requirements absent a compelling demonstration by the person that, in any specific instance, this requirement is not reasonable or feasible, nor is it equally applicable to other similar users of the public rights-of-way.
(3) A person shall perform operations, excavations and other construction in the public rights-of-way in accordance with all applicable city requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the public rights-of-way. The city shall waive the requirement of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the city by the person. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property. A person shall follow all reasonable construction directions given by the city in order to minimize any such interference.
(4) A person must obtain a permit, as reasonably required by applicable city codes, prior to any excavation, construction, installation, expansion, repair, removal, relocation or maintenance of the person’s facilities. Once a permit is issued, person shall give to the city a minimum of 48-hours’ notice, which could be at the time of the issuance of the permit, prior to undertaking any of the above-listed activities on its network in, on or under the public rights-of-way. The failure of the person to request and obtain a permit from the city prior to performing any of the above-listed activities in, on or over any public right-of-way, except in an emergency as provided for in division (B)(11) below, will subject the person to a stop-work order from the city and enforcement action pursuant to this subchapter. If the person fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the person will be required to obtain another permit.
(5) When a person completes construction, expansion, reconstruction, removal, excavation or other work, the person shall promptly restore the rights-of-way in accordance with applicable city requirements. A person shall replace and properly relay and repair the surface, base, irrigation system and landscape treatment of any public rights-of-way that may be excavated or damaged by reason of the erection, construction, maintenance or repair of the person’s facilities within 30 calendar days after completion of the work, in accordance with existing standards of the city in effect at the time of the work.
(6) Upon failure of a person to perform any such repair or replacement work, and five days after written notice has been given by the city to the person, the city may repair such portion of the public rights-of-way as may have been disturbed by the person, its contractors or agents. Upon receipt of an invoice from the city, the person will reimburse the city for the costs so incurred within 30 calendar days from the date of the city invoice.
(7) Should the city reasonably determine, within two years from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet existing standards of the city, a person shall perform such additional restoration work to the satisfaction of the city, subject to all city remedies as provided herein.
(8) Notwithstanding the foregoing, if the city determines that the failure of a person to properly repair or restore the public rights-of-way constitutes a safety hazard to the public, the city may undertake emergency repairs and restoration efforts. A person shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city invoice.
(9) A person shall furnish the city with construction plans and maps showing the location and proposed routing of new construction or reconstruction at least 15 days before beginning construction or reconstruction that involves an alteration to the surface or subsurface of the public rights-of-way. A person may not begin construction until the location of new facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the city, which approval will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the facilities and routing.
(10) If the City Engineer declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of facilities, a person shall remove or abate the person’s facilities by the deadline provided in the City Engineer’s request. The person and the city shall cooperate, to the extent possible, to assure continuity of service. If the person, after notice, fails or refuses to act, the city may remove or abate the facilities, at the sole cost and expense of the person, without paying compensation to the person and without the city incurring liability for damages.
(11) Except in the case of customer service interruptions and imminent harm to property or person (“emergency conditions”), a person may not excavate the pavement of a street or public rights-of-way without first complying with city requirements. The City Engineer or designee shall be notified immediately regarding work performed under such emergency conditions, and the person shall comply with the requirements of city standards for the restoration of the public rights-of-way.
(12) Within 60 days of completion of each new permitted section of a person’s facilities, the person shall supply the city with a complete set of “as built” drawings for the segment in a format used in the ordinary course of the person’s business and as reasonably prescribed by the city and as allowed by law.
(13) The city may require reasonable bonding requirements of a person, as are required of other entities that place facilities in the public rights-of-way.
(1998 Code, § 106-176) (Ord. 99-51, passed 8-18-1999)
(A) In the exercise of governmental functions, the city has first priority over all other uses of the public rights-of-way. The city reserves the right to lay sewer, gas, water and other pipelines or cables and conduits and to do underground and overhead work and attachments, restructuring or changes in aerial facilities in, across, along, over or under a public street, alley or public rights-of-way occupied by a person, and to change the curb, sidewalks or grade of streets.
(B) The city shall assign the location in or over the public rights-of-way among competing users of the public rights-of-way with due consideration to the public health and safety considerations of each user type and, to the extent the city can demonstrate that there is limited space available for additional users, may limit new users, as allowed under state or federal law.
(C) If the city authorizes abutting landowners to occupy space under the surface of any public street, alley or public rights-of-way, the grant to an abutting landowner shall be subject to the rights of the previously authorized user of the public rights-of-way. If the city closes or abandons a public right-of-way that contains a portion of a person’s facilities, the city shall close or abandon such public right-of-way subject to the rights of the person.
(D) (1) If the city gives written notice, a person shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of person’s facilities that are in the public rights-of-way within 120 days, except in circumstances that require additional time as reasonably determined by the city, based upon information provided by the person. For projects expected to take longer than 120 days to remove, change or relocate, the city will confer with person before determining the alterations to be required and the timing thereof. The city shall give notice whenever the city has determined that removal, relocation, change or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a city or other governmental public improvement in the public rights-of-way. This section shall not be construed to prevent a person’s recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal, nor shall it be required if improvements are solely for beautification purposes, without prior joint deliberation and agreement with person.
(2) If the person fails to relocate facilities in the time allowed by the city in this section, the person may be subject to liability to the city for such delay and as set forth in the city codes or ordinance, now or hereafter enacted.
(3) Notwithstanding anything in this division (D), the City Engineer and a person may agree in writing to different time frames than those provided above, if circumstances reasonably warrant such a change.
(E) During the term of its municipal consent, a person may trim trees in or over the rights-of-way for the safe and reliable operation, use and maintenance of its facilities. All tree trimming shall be performed in accordance with standards promulgated by the city should the person, its contractor or agent fail to remove such trimmings within 24 hours, the city may remove the trimmings or have them removed and, upon receipt of a bill from the city, the person shall promptly reimburse the city for all costs incurred within 30 working days.
(F) Persons shall temporarily remove, raise or lower its aerial facilities to permit the moving of houses or other bulky structures, if the city gives written notice of no less than 48 hours. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefitting from the temporary rearrangements. A person may require prepayment or prior posting of a bond from the party requesting temporary move.
(1998 Code, § 106-177) (Ord. 99-51, passed 8-18-1999)
Loading...