(A) Compliance required. Any person, firm, or corporation now owning and operating or hereafter installing and operating any utility within the right-of-way of any street or easement in the city, or any person, firm, or corporation doing any repair in any street right-of-way shall do so only in accordance with the terms and conditions of this section.
(B) Permit required. It shall be unlawful for any person, firm or corporation to make a cut of any portion of a right-of-way, street, alley or other public place within the city limits without first applying for and obtaining a permit from the city prior to making said cut. No permit shall be issued until the permittee has presented a utility location request number from DIGTESS meeting the 72-hour requirement of notification, except in the case of emergencies.
(C) Notification by employees required. Employees of the water and sewage department of the city will likewise notify and make a record of proposed cuts of any right-of-way, street, alley, or public place in the city in the same manner as any private person or entity.
(D) Application. The application shall be made to the City Inspector and shall be accompanied by the plats or drawings showing the location of the cut and such other information as may be required by the city.
(E) Emergencies. The term EMERGENCY shall mean the repair of a utility which must be made to restore service, to avoid property damage, or to eliminate danger to the public. In an emergency, when the office of the City Inspector is closed, cuts may be made, provided the person or entity needing to make said cut notifies the Whitesboro Police Department prior to making said cut, with the Police Department issuing a temporary permit on a form prescribed by the city. In the case of an emergency, where a temporary permit is issued, the person or entity to which the permit is issued shall notify the City Inspector by 10:00 a.m. on the next day that business is conducted by the city. At that time a full report and application shall be made to the city with appropriate plats and drawings of where the cut was made and for what reason the cut was made, and such other information as may be required.
(F) Indemnity. The person, firm or corporation wanting to make a cut within any right-of-way, street, alley, or other public place shall be solely responsible and hold the city harmless as a result of said person, firm, or corporation, and shall indemnify the city for any and all amounts which the city may be required to pay as a result of any judgments rendered against the city and including but not limited to any court costs and attorney’s fees which the city may incur to defend itself against an action for damages or personal injury that was as a result of any cuts made in the right-of-way, street, alley, or other public place being cut. Said restoration shall be at the sole expense of that person, firm or corporation making the cut.
(G) Relocation of utilities at cost of the owner. In the event of the abandonment, widening, repair, installation, construction or reconstruction by or for the city and/or TXDOT of any road, bridge, culvert, traffic signal, street light, water distribution system, sewage collection system, storm drain system, or any other city facility within a street right-of-way, the owner of any utility shall move, relocate, or renew such facility, upon request of the city, when necessary for public safety and welfare and when a suitable site is available, all at the cost and expense of the owner of such utility. The city will give as much advance notice to the affected utilities as possible to facilitate their planning.
(H) TXDOT permits recognized. A city street cut permit will be required in addition to the TXDOT Encroachment Permit for work on TXDOT- maintained roads.
(I) Bond may be required. The city may require that a bond be posted by the individual, person or corporation prior to the granting of a permit under this section to insure that all of the requirements of this section have been adhered to, and that all repairs to that portion of the right-of-way, street, alley, or other public place have been made to the specifications of the city.
(J) Maintenance of safeguards, barriers, and lights. Every person, firm, or corporation making or causing to be made any construction ditch or any other excavation, road maintenance, utility maintenance, or utility construction in a street right-of-way shall do so in careful, prudent, and professional manner so as to properly safeguard and protect the work site and to prevent injury to persons or property in at least the following manner:
(1) By placing substantial and adequate barricades in, around and along the sides of the work area.
(2) By providing and maintaining adequate light to disclose to the public the existence of any construction in the street, whether night or day.
(3) During the night time, to place at least one blinking light at the end of each work area and the placing of other blinking lights spaced at intervals recommended for the traffic speed within and adjacent to the construction area.
(K) Excavation, back-filling, and restoration of service.
(1) The width of a trench cut shall be kept to the minimum width necessary to install and properly tamp around the pipe or any new installation. If rock or adverse soil conditions are encountered and shoring is required, then the trench cut shall be of sufficient additional width to provide for the protection of the workers and proper installation of the pipe or other structure.
(2) All drain, water, sewer, or gas pipes shall be installed in any street, sidewalk, or easements of the city and/or TXDOT so that the pipe will be buried for a depth of not less than three feet. Exceptions may be made where required by unusual conditions on a case-by-case basis by the City Inspector.
(3) When soil conditions permit and there are no conflicting utilities, gas, water, telephone, electric, and cable TV service lines shall be installed through a jacking or boring process. Sewer service lines may be installed through a jacking or boring process. In the event the jacking procedure is attempted and unsuccessful, then the pipe may be installed using an open cut procedure.
(4) Before back-filling of any cuts in streets or street rights-of-way, the utility contractor shall request an inspection by the City Inspector.
(5) All back-fill material will be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones, wet material, or other materials which render same unsuitable to obtain a firm and compact cover for the installed pipe.
(6) The back-fill shall be placed in layers not to exceed six inches and each layer shall be thoroughly compacted to not less than 95% of the maximum dry density as defined by a Standard Proctor Test. Flowable fill will be substituted for compacted back-fill when directed by the City Inspector.
(7) In the event a dispute arises as to the suitability of trench compaction, a Standard Proctor Text shall be conducted by an independent soil testing firm. In the event the test reveals that the same has not been made in accordance with this section, then the cost shall be borne by the person, firm or corporation doing the back-fill. If the test fails to support the opinion of the Inspector, the city will pay the cost of the test.
(8) Prior to completing the back-filling operation in all streets in the city, pavement shall be cut 12 inches on each side of the trench and a depth of 12 inches. If the cut is to be repaired by the city, then a temporary patch of either six inches of compacted crusher run stone or a combination of three inches of crusher run stone and three inches of compacted cold mix may be used. Back-fill shall be brought up flush with the sub-base of the street or sidewalk.
(9) Where the existing pavement sub-base is soil, soil cement, or crushed stone, the base for the permanent pavement repair in all streets shall consist of a minimum of ten inches of compacted crushed stone or flowable fill. Where the existing pavement base is concrete, the permanent pavement repair shall consist of a minimum of ten inches of concrete. If the existing pavement surface is asphalt or tar and gravel, then the permanent pavement repair shall consist of two inches of asphalt. Where sidewalks are cut, a minimum section shall be removed and replaced from the nearest joints and curb.
(10) The entire surface of asphalt roadways will be overlayed on all longitudinal cuts. Where numerous random utility cuts are made, the street or lane shall be resurfaced for its entire width, if so determined by the Inspector. Work shall be completed by a city-approved paving contractor.
(11) No cuts will be permitted to be opened if, in the opinion of the Director of Public Works, the cut cannot be back-filled and resurfacing restored within a reasonable amount of time, or if traffic flows cannot be maintained. Exceptions will be made for emergencies with due notice to the Inspector.
(12) If any settlement occurs, the city may take such corrective action as it deems appropriate and charge the permittee for such costs, including the restoration of such excavation, or give notice to the permittee to restore such excavation or pavement within ten days of such receipt of notice or be in violation of this section.
(L) Cost of restoration of street cuts to be paid to the city. For those contractors and utilities that do not perform their own pavement cut restorations, the cost of restoring pavements shall be paid to the city on completion of the restoration and measurement of the dimensions of the cut by the Public Works Department. The cost shall be invoiced by the city to the person performing the cut according to the latest Cut Restoration Fee Schedule established by the city. The maximum area of sidewalk or pavement to be restored by city maintenance crews is 75 square feet. Restoration exceeding this limit will be the permittee’s responsibility and will be performed in the presence of the Inspector.
(M) Cuts restored by authorized agencies/utilities. Any utility will be permitted to repair the cuts made by such utility if it has a permanent pavement repair operation and performs such restorations in accordance with this section.
(Am. Ord. 898, passed 9-9-03) Penalty, see § 10.99