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
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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