Loading...
2001S18-CHAPTER 16ORDINANCE NO. O/- ~ - Ie~ AN O~INANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BY ADDING SECTIONS PROVIDING FOR RIGHT- OF-WAY CONSTRUCTION; PROVIDING FOR REGISTRATION AND CONSTRUCTION PERMITS; PROVIDING FOR CONSTRUCTION STANDARDS; PROVIDING FOR "PLANS OF I~CO~"; PROVIDING FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS; PROVIDING FOR RESPONSES TO IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR TYPES OF FACILITIES; PROVIDING FOR RESTORATION OF PROPERTY; PROVIDING FOR ~VOCATION OR DENIAL OF PERMITS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS' SECTION 1. Chapter 16 of the Code of Ordinances of the City of Schertz, Texas, is amended by adding Article V, Right-of-Way Construction, Section 16-70 through Section 16-79 as a new Subchapter to read as follows: Sec. 16-70. Right-of-way construction. No person shall commence or continue with the construction, installation, or operation of facilities within any public right-of-way in the City except as provided in accordance with this Subchapter and other applicable ordinances of the City and the directives of the public works department. Sec. 16-71. Registration and Construction Permits a. Registration. In order to protect the public health, safety, and welfare, all users of City right-of-way will register with the City. Registration and permits shall be issued in the name of the person who will use the facilities. Such Registration must be renewed every five (5) years. For utilities subject to a current franchise or license, the continuation of the franchise or license shall be deemed to be evidence of such renewal. If a registration is not renewed, subject to sixty (60) day written notification to the user by the director of public works, the facilities of the user in the right-of-way shall be deemed to have been abandoned. When any information provided for the registration changes, the user shall inform the City of the change no more than thirty (30) days after the date the change occurs. Registration shall include the following: (1) The names of the user and the owner of the right-of-way; Shertz - 20015665 2.DOC (2) The name, address, and telephone number of people who will be contact person(s) for the user and the owner; (3) The name, address, and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the user; (4) The name(s) and telephone number of an emergency comact for the user who shall be available twemy-four (24) hours a day; and (5) roof of the following required insurance and bonds; (a) n applicant shall provide liability insurance in the total amount of six million dollars ($6,000,000.00); one million dollars ($1,000,000.00) primary plus five million dollars ($5,000,000.00) umbrella, or other provisions approved in writing by the City Manager. (b) The coverage shall be on an "occurrence" basis and must include coverage for personal injury or death, contractual liability, premises liability, medical damages, and explosion and collapse hazards. (c) Each policy shall include a cancellation provision in which the insurance company is required to notify the City in writing not less than thirty (30) days before canceling, failing to renew, or reducing policy limits. (d) The applicant shall file a certificate of insurance prior to any commencemem of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address, and telephone number of the insured; policy expiration date; and specific coverage amounts. (e) The applicant shall file with the City Manager an annual surety bond which will be valid for each year construction will occur and for one (1) full year after the completion of the construction from a surety company authorized to do business in the State of Texas in the amount of the estimated amount of the cost (as approved by the City Manager) to restore the fight-of-way for the work anticipated to be done in that year, in the evem the applicant leaves a job site in the right-of-way unfinished, incomplete, or unsafe or other provisions acceptable to the City Manager. (f) The above requiremems shall be deemed to be met by the holder of a current franchise or license if its franchise or license adequately provides for insurance or bonds or provides an indemnity in favor of the City. be Construction Permits. (1) No person shall perform any construction or installation of facilities in City right-of- way without first obtaining a construction permit, except as provided herein~ The permit shall be in the name of the person who will use the facilities to be constructed. The permit Shertz - 20015665 2.DOC 2 must be completed and signed by a representative of the user of the facilities to be constructed. (a) emergency repairs related to existing facilities may be undertaken without first obtaining a permit; however, the public works departmem shall be notified in writing within two (2) business days of any construction related to an emergency repair, including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable. (b) The phrase "construction or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property (unless a street or sidewalk cut was required), or repair or maintenance of existing facilities tmless such repair or maintenance requires a street or sidewalk cut, the closure of a nonresidential traffic lane, excavation, or boring. (2) The permit shall state to whom it is issued, the location of the work, the location of the facilities, the dates and times the work is to take place, and any other conditions established by the director of public works. (3) The person requesting a permit shall provide the director of public works with documemation in the format specified by the director describing the following: (a) the proposed, approximate location and rome of all facilities to be constructed or installed and the applicant's plan for fight-of-way construction; (b) engineering plans which shall be on a scale of one (1) inch equals fifty (50) feet unless otherwise approved in writing by the director of public works; (c) detail of the location of all right-of-way and milky easemems which the applicant plans to use; (d) detail of all existing City utilities in relationship to the applicant's proposed rome; (e) detail of what the applicant proposes to install, such as pipe size, number of interducts, valves, etc.; (f) detail of plans to remove and replace asphalt or concrete in streets (include City standard construction details); (g) drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc. including depth located in the City's right-of-way; (h) handhole and/or manhole typical of the type of handholes and/or manholes the applicant plans to use or access; O) complete legend of drawings submitted by the applicant; Shertz - 20015665 2.DOC 3 (j) the name, address, and telephone number of the contractor or subcomractor who will perform the actual construction, including the name, address, and telephone number of an individual representative of the contractor who will be available at all times during construction; (k) the construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of- way, and the dates and times work will occur, all of which (methods, dates, times, etc.) shall be subject to written approval by the director of public works; and (0 a statemem that the requiremems of Section 16-71(a)(5) have been met; (m) five (5) sets of engineering plans. (4) All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The director of public works shall be provided access to the work and to such fimher information as he may reasonable require to ensure compliance with the permit. (5) A copy of the construction permit and approved engineering plans shall be maintained at the construction site and shall be made available for inspection by the director of public works at all times when construction or installation work is occurring. (6) All construction or installation work authorized by permit must be completed in the time specified in the permit. If the work cannot be completed in the specified time period, the permit holder may request an extension in writing from the director of public works. (7) A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the City shall be submitted to the director of public works, if requested. (8) A request for a permit must be submitted at least fffieen (15) working days before the proposed commencement of work described in the request, unless waived in writing by the director of public works. (9) Requests for permits and extensions of permits will be approVed or disapproved by the director of public works within a reasonable time or receiving all the required information. The director of public works will use his best efforts to approve or disapprove a request for a permit as soon as possible. (10) The public works depamnem or the applicant can require a pre-construction meeting, and the director of public works can require on-going construction meetings and a post- construction meeting. Shertz - 20015665_2.DOC 4 (11) Permit applications are required for construction on new, replacement, or upgrading of the user's aerial or underground fiacilities in the right-of-way. Sec. 16-72. Construction standards. a. The public works departmem must be notified in writing at least forty-eight (48) hours in advance that construction is ready to proceed by either the right-of-way user, or its contractor or representative. At the time of notification, the right-of-way user shall inform the public works departmem in writing of the number (or other information) assigned from the one-call system. b. All construction shall be in conformance with all Cie,,, codes and applicable City, state, and federal laws. c. Three by three (3 x 3) feet information signs stating the idemity and telephone number of the person doing the work and the permit holder's identity and telephone number shall be placed at the location where construction is to occur at least forty-eight (48) hours prior to the beginning of work in the right-of-way and shall cominue to be posted at the location during the entire time the work is occurring. An informational sign shall be posted on the right-of-way one hundred (100) feet before the construction location commences and each one hundred (100) feet thereafter in the construction location, unless other posting arrangemems are approved in writing or required by the director of public works. d. Erosion comrol measures ( e.g. silt fence) and advance warning signs, markers, cones, and barricades must be in place before work begins. e. Lane closures on major thoroughfares shall be limited alter 8:30 mm. and before 4:00p.m. unless the director of public works grants prior written approval. Arrow boards shall be required on lane closures, with all barricades, advanced warning signs, and thirty-six (36) inch reflector cones placed according to the specifications of the public works departmem. f. Permit holders shall be responsible for the workmanship and any damages by a contractor or subcontractor. A responsible representative of the permit holder shall be available to the public works departmem at all times during construction. g. The permit holder shall be responsible for storm water managemem erosion control that complies with City, state, and federal guidelines. Requiremems shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, and barricade fencing around open holes, and high erosion areas shall require wire-backed silt fencing. Upon request by the director of public works, the permit holder may be required to furnish applicable documemation submitted to or received from the federal or state government. h. The permit holder or its contractor or subcomractor shall notify the public works departmem immediately of any damage to other utilities, whether City-owned or privately owned. Shertz- 20015665 2.DOC 5 i. It is the City's policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior written approval must be obtained from the director of public works, and all requiremems of the public works departmem shall be followed. Repair of all street and sidewalk cuts or removals shall be made promptly to avoid safety hazards to vehicles and pedestrians. j. Installation of facilities must not interfere with City utilities, including in particular gravity dependem facilities. k. New facilities must be installed to a depth approved in writing by the public works depamnem. 1. All directional boring shall have locator place bore marks and depths while boring is in progress. The locator shall place a mark at each stem with paint dot and depth at least every other stem. m. The working hours in the fight-of-ways are 7:00 a.m. to 6:00 p.m., Monday through Friday. Work that needs to be performed after 6:00 p.m. Monday through Friday must be approved in writing in advance by the director of public works. Any work performed on Saturday must be approved in writing at least twenty-four (24) hours in advance by the director of public works. Directional boring is permitted only Monday through Friday from 7:00 am. to 6:00 p.m., unless approved in writing in advance by the director of public works. Except for emergency repairs, no work shall be done on City holidays. n. People working in the right-of-way shall be responsible for obtaining line locations (certified in a form acceptable to the director of public works) for all affected utilities or other facilities in the right-of-way prior to any excavation, Use of the Geographic Information System or relying upon plans of records shall not satisfy this requirement. o. The permit holder shall be responsible for verify~g the location, both horizontal and vertical, of all facilities in the right-of-way. When required by the director of public works, the permit holder shall verify locations by potholing, hand digging, or other methods approved in writing by the director of public works prior to any excavation or boring, with the exception of work involving lane closures, as described above. p. Placemem of all manholes and/or hand holes must be approved in advance in writing by the director of public works. Handholes or manholes shall not be located in sidewalks, unless approved in writing by the director of public works. qe Location flags shall not be removed from a location while facilities are being constructed. r. Construction which requires pumping of water or mud shall be comained in accordance with City ordinances and applicable federal and state law and the directives of the public works department. Sec. 16-73. "Plans of record". Right-of-way users shall provide the director of public works with "plans of record" within ninety (90) days of completion of facilities in the right-of-way. Users which have facilities in the Shertz- 20015665 2.DOC 6 fight-of-way existing as of the date of this Subchapter who have not provided "plans of record" shall provide one (1) quarter of the information concerning facilities in City fight-of-way within one (1) year after the adoption of this Subchapter and one (1) quarter each six (6) months thereafter. The plans shall be provided to the City with as much detail and accuracy as is required by the director of public works. All the requircmcm$ specified for the plans submitted for the initial permit shall be submitted and updated in the plans of record. The detail shall ~clucle location, size of facilities, materials used, and any other health, safety and welfare concerns. The detail is not required to include capacity of lines, customers, or competitively sensitive details. "Plans of record" shall be submitted in digital format. The requiremems of this Section may be waived in writing by the director of public works for good cause. Sec. 16-74. Conformance with public improvements. Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other public works projects (e.g. installation or improvemem of storm drains, water lines, sewer lines, etc.), it shall be deemed necessary by the governing body of the City to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user to another part of the fight-of-way, such alterations shall be made by the user of the facilities at such user's expense (unless provided otherwise by state law or a franchise in effect on the effective date of this provision until that franchise expires or is otherwise terminated) within the time limits set by the director of public works working in conjunction with the user of the facilities, or if no time frame can be agreed upon, within ninety (90) days from the date the notice was sero to make the alterations, unless a differem schedule has been approved in writing by the director of public works. Facilities not moved after ninety (90) days or within the approved schedule, as same may be extended from time to time, shall be deemed abandoned after thirty (30) days written notice from the director of public works. See. 16-75. Improperly installed facilities. a. Any person doing work in the City right-of-way shall properly install, repair, upgrade, and maintain facilities. b. Facilities shall be considered to be improperly installed, repaired, upgraded, maintained if or (1) the installation, repairs, upgrade or maintenance endangers people; or (2) the facilities do not meet all applicable City codes and all applicable federal and state laws; or (3) the facilities are not capable of being located using standard practices; or (4) the facilities are not located in the proper place at the time of construction in accordance with the directions provided by the public works departmem; or (5) the facilities create or expose an environmemal hazard. Sh~rtz - 20015665 2.DOC 7 Sec. 16-76. Restoration of property. a. Users of the right-of-way shall restore property affected by construction of Pacilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved in writing by the director of public works. b. Restoration must be to the reasonable satisfaction of the director of public works and the property owner. The restoration shall include, but not be limited to the following: (1) replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by director of public works; (2) installation of all manholes and handholes, as required; (3) backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, tmless other safety requiremems are approved in writing by the director of public works; (4) leveling of all trenches and backhoe lines; (5) restoration of excavation site to City specifications; and (6) restoration of all landscaping, ground cover, and sprinkler systems. c. All location flags shall be removed during the clean-up progress by the permit holder or its contractor at the completion of the work. d. Restoration must be made in a timely manner as specified by approved public works departmem schedules and to the satisfaction of the director of public works. If restoration is not satisfactory or is not performed in a timely manner, all work in progress, except that related to the problem, including all work previously permitted but not complete may be halted by the director of public works, and a hold may be placed on any permits not approved until all restoration is complete and satisfactory. Sec. 16-77. Revocation or denial of permit If any of the provisions of this Subchapter are not followed, a permit may be revoked by the director of public works. If a person has not followed the terms and conditions of this Subchapter in work done pursuant to a prior permit, new permits may be denied or additional requirements may be imposed. Sec. 16-78. Appeal from denial or revocation of permit. Appeal from denial or revocation of a permit or from the decision of the director of public works shall be to the City Council. Appeal shall be filed in writing with the City Manager within fifteen (15) days from the date of the decision being appealed. Shertz - 20015665 2.DOC 8 Sec. 16-79. Designee of City official. Any action required or permitted to be taken under this Subchapter by the City Manager or the director of public works may be taken by such official's designee. SECTION 2 The terms and provisions of this Ordinance shall be deemed to be severable and, if the validity of any section, subsection, semence, clause, or phrase of this Ordinance shall be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause, or phrase of this Ordinance. SECTION 3 The fact that the present ordinances and regulations of the City of Schertz are inadequate to comrol right-of-way managcmem within the corporate limits of the City of Schertz creates an emergency requiring immediate action for the preservation of the public business, property, health, safety and general welfare of the public and requires that this Ordinance shall become effective from and after the date of its passage in a single reading following the affirmative vote of not less than two-thirds of the councilmembers presem at the meeting at which this Ordinance is first introduced, all as provided by the Charter of the City of Schcrtz. Approved on first reading this /,~)~ day of September, 2001. PASSED, APPROVED AND ADOPTED THIS THE ]t_o°,/t~ day of September, 2001. ATTEST: Mayor, City of Schertz, Texas ~p~r/y City Secretary, City o f Schertz Shertz - 20015665_2.DOC 9 THE STATE OF TEXAS, PUBLISHER'S AFFIDAVIT County of Guadalupe '" Before me, the undersigned authority, on this date personally appeared · . ~:o.,.,,y C=o~ . , ., known'to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterp_.r. ise, a newspaper published in said co published in said newspaper jnty; that a copy of the within and foregoing notice was . time(s) before the retum day named therein, such publications being on the following dates' and a newspaper copy of which is hereto attached. Swom~n~~.~ribed before me this , A.D.,~ 2001. CAROLN~/ANN AVERY /~---~, day of Notary Public, Guadalupe County, Texas THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT ...." Before me, the undersigned authority, on this date personally appeared · . ~,o,,,,y. c~:o.~ , know~'to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterp..r. ise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper I time(s) before the retum day named therein, such publications being on the following dates' and a newspaper copy of which is hereto attached. day of Sworn to and subscribed before me this CAROL ANN AVERY Nota~j Public Stal~ ol Texas My Commissloa Expir~ 08-31-2004 TION; t RI AND. -;'~,. PER--' MITS; PROVIDING FOR C ON S.T RU C TIC N, STANDARDS;, .,PRO'~ID; IN(~ -FOR CoRD~.; ,PROVIDING' ~:- CONFORMANCE,. PUBLIC '. FOR RESPONSES, / TO ,i~~E.RLy .... Notary Public, Guadalupe County, Texas