HomeMy WebLinkAboutOrdinance No. 2000-37 ORDINANCE NO. 2 0 0 0-3 7
AN ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY
AMENDING ARTICLE IV, EXCAVATIONS, DIVISION 3, AS ADOPTED
BY ORDINANCE NO. 99-31, PASSED AND APPROVED ON OCTOBER
18, 1999, BY DELETING THE DIVISION IN ITS ENTIRETY; AND
AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS, BY ADDING A NEW DIVISION 3
OF ARTICLE 4, MANAGEMENT OF RIGHTS-OF-WAY, CONSISTING
OF SECTIONS 66-126 THROUGH 66-150, PROVIDING RULES AND
REGULATit�i'+TS GOVERNING ThiE USE AND OCCUPANCY OF
PUBLIC RIGHTS-OF-WAY WITHIN THE CITY; PROVIDING
STANDARDS FOR CONSTRUCTION AND MAINTENANCE OF
FACILITIES WITHIN SAID PUBLIC RIGHTS-OF-WAY; PROVIDING
FOR THE ISSUANCE OF PERMIT5; PROVIDING FOR THE FILING
AND MAINTENANCE OF BONDS AND INSURANCE; PROVIDING A
CRIMINAL PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR
EACH DAY OF VIOLATION OF ANY PROVISION HEREOF;
PROVIDING A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED
$1,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION
HEREOF; PROVIDING OTHER MATTERS RELATING TO THE
SUBJECT; REPEALING ALL ORDINANCES OR PARTS OR
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY.
�x � �x �x �x �x �x x� * �x
WHEREAS, pursuant to Article 1175, Texas Revised Civil Statutes, as amended, and
Article II, Section 2.04, of the Home Rule Charter of the City of Friendswood, Texas (the
"City"), the City has exclusive dominion, control and jurisdiction over its public streets,
highways, alleys, and other public ways; and
WHEREAS, the City Council hereby finds and determines that the adoption of
regulations governing the placement of facilities within public rights-of-way is necessary to
avoid congestion, inconvenience, visual blight, economic waste, and other adverse effects to
such rights-of-way; and
WHEREAS, the City Council hereby further finds and determines that conserving the
limited physical capacity of the public rights-of-way held in trust by the City is critical to the
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future provision of services to the general public by the City and others that use such rights-of-
way; and
WHEREAS, the City desires to assure that users of the public rights-of-way comply
with applicable ordinances, rules and regulations of the City; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. Findings. The facts and matters set forth in the preamble of this
Ordinance are hereby found to be true and correct.
5ection 2. That Division 3 of Article IV of Chapter 66 of the Code of Ordinances
of the City of Friendswood, Texas, as adopted by Ordinance No. 99-31, passed and approved
on October 18, 1999, be and hereby is repealed in its entirety.
Section 3. That Chapter 66 of the Code of Ordinances of the City of Friendswood,
Texas be and hereby is amended by adding a new Division 3 of Article IV, consisting of
Sections 66-126 through 66-150 as follows:
Sec. 66-126. Title
This chapter may be known and cited as the Ri�ht-of-Wav Management Ordinance for
the City of Friendswood, Texas.
Sec. 66-127. Construction; �overnin�law; venue
This chapter shall be construed under and in accordance with the laws of the State of
Texas and the City Charter and City Code to the extent that such Charter and Citv Code are not
in conflict with or in violation of the Constitution and laws of the United States or the State of
Texas. All obligations of the parties hereunder are performable in Harris and Galveston County,
Texas. The provisions of this Division are in addition to any other requirement of the Citv Code,
and where there is a conflict, the more stringent provisions shall be required.
Sec. 66-128. Scope
This chapter shall be effective within the geographical limits of the city, includin� anv
areas subsequently annexed bv the citv.
Sec. 66-129. Definitions. For the purposes of this Ordinance the following words terms
and phrases shall have the meanin�s ascribed thereto unless the context of their usage clearly
indicates otherwise.
"Citv" shall mean the City of Friendswood, Texas, a home rule municipal
corporation of the State of Texas.
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"City Council" shall mean the overnin�y of the Cit�
"Emergenc_y" shall mean a situation which, unless immediate remedial action is
taken, will likely result in harm to public health, safety, and/or welfare.
"Facilities" or "Facilitv" shall mean and include, but shall not be limited to,
pipes, conduits, wires, cables, towers, switches, amplifiers, transformers, fiber optic lines
antennae, poles, ducts, conductors, lines,_mains, vaults, a�pliances, attachments, equipment,
structures, manholes, fixtures, a�purtenances, and such other objects devices or other items
of tan ig ble personal property, which are designed, constructed, installed placed used or
operated in, upon, over, across, above, or below public rights-of-way. Notwithstandin t�he
fore�oing, structures designed and constructed for the support and passage of vehicular and
pedestrian traffic, such as streets, allevs, highways, drivewavs, and sidewalks, whether at
below, or above grade, shall not be deemed to be Facilities. Provided further, a private
individually owned, connection and/or attendant downstream service line or device through
which a utility service is received bv the end user ownin� same, for which required permits
have been issued under applicable building�plumbing, electrical, or other codes of the City,_
shall not be deemed as Facilities hereunder.
"Person" shall mean an individual, corporation, association, partnership joint
venture, firm, limited liabilit�partnership, joint stock company association �overnmental
entity other than Cit ,� oY ther public or private entit�
"Public Ri�hts-of-Wav" or "Public Ri�ht-of-Way" shall mean the surface
the air suace above the surface, and the area belov�• the surface of any public street hi h�wa�
lane, path, alley, sidewalk, boulevard drive brid�e tunnel easement or similar propertX
within the corporate limits of the City and in which the City holds a property interest (fee
title, easement or otherwise), or over which the City holds and exercises a ri h�
mana�ement or control, and which, consistent with the purposes for which it was acquired or
dedicated, may be used for the installation and maintenance of Facilities
"User" shall mean a Person havin� Facilities within a Public Ri�ht-of-Way
Sec. 66-130 Unauthorized Use of Public Rights-of-Way Prohibited Except as
otherwise specifically provided by law or this Ordinance it shall be unlawful for any Person to
cause or permit the placement, construction operation or maintenance of any Facility within
Public Ri�hts-of-Wav, unless authorization has been granted by the City in accordance
herewith.
Sec. 66-131 Registration Required. It shall be unlawful for any Person to place Facilities
within Public Ri�hts-of-Way without havin� first filed with the City an application far
re�istration therefor. Applications for registration shall be filed with the City Secretarv of the
Citv. The Citv Secretary shall issue a re�istration certificate to each Person successfully
completin� and filin s�uch application. Each registration certificate shall be issued in the name
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of the User. Re�istration certificates shall be renewed everv sixty (60) months. When
information provided in an application for a registration certificate is no lon�er correct the
User shall inform the City, in writing, within thirty (30) days followin� the date of such
change. Each application for registration shall include:
a. The name and legal status of the User;
b. The name, address, telephone number, e-mail address, and fax
number of the individual(s) who will be the contact(s) for the User;
c. The name, address, telephone number, e-mail address, and fax
number of the individual(s) who will be the contact(s) for field location of Facilities;
d. The name, address, telephone__number, email address and fax
number of an emergency contact who shall be available twenty-four (24) hours a day;.
and
e. Proof of insurance and bonding, as otherwise required herein.
Sec. 66-132 Construction Within Public Rights-of-Way. It shall be unlawful for
any Person to cause or permit the construction or installation of Facilities within Public Rights_
of-Way within the Cit ,�pt as provided by this Ordinance and anv other ordinance of the
Cit��plicable thereto.
Sec. 66-133 Construction Regulations.
a. Excavations. All excavations and other construction in the Public
Ri�hts-of-Way shall be performed in accordance with all a�plicable state federal and CitX
regulations.
b. Interference with Use of Property. All construction within Public
Ri�hts-of-Wavs shall be undertaken so as to minimize interference with the use of public and
private nropertv and in accordance with any lawful direction iven by the City under the police
and re ug latorv powers of the Citv.
c. Construction Permits. It shall be unlawful for any Person to cause or
permit any work which involves the construction installation expansion repair removal or
maintenance of Facilities within Public Rights-of-Way without havin first a�plied for and
obtained from the City a construction permit therefor Provided however acquisition of
construction permits shall not be required for any such work that does not involve the
alteration or disturbance of the surface of the Right-of-Way Each construction permit
application shall include a written work description including construction drawings showing
the Facilities' location (or proposed location) and the estimated depth of the Facilities (existing
and proposed) in the immediate area of the proposed new construction Such drawings shall be
reviewed bv the Citv and, if disapproved returned with comments setting forth the reasons for
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such disapproval. Approvals shall not be unreasonably withheld or delayed. Except as
otherwise specifically�rovided herein, work shall not commence until a�plicable construction
permits have been a�proved therefor. Reviev�� and approval by the City of construction permits
as provided herein shall not constitute any representation or warrant�re ag rdin� the sufficiencX
of design or construction of such Facilities. All such work shall be in conformance with the
a�proved construction permit.
Work for which a permit is required ma�be performed at an�provided however,
any such permitted work performed within five hundred feet (500') of any residential structure
may only be performed between the hours of 6:00 a.m. and 10:00 p.m. Any permitted work
performed outside of the above workin� hours must be approved in advance by the City
Mana�er or his designee•
Provided further, all such construction and/or installation work shall be completed in
the time specified in the construction permit. If the work cannot be completed within the
specified time period, the User may request an extension from the Cit.�ager or his/her
designee, which extension shall not be unreasonably withheld.
d. �° Emergency Repairs; Restoration of Service. Notwithstandin� the
foregoin� Section 6.03, during an Emergency where, in the good faith judgment of the User
failure to act immediatelv could jeopardize public health, safety or �eneral welfare or in
situations where a repair is necessarv to restore service to a customer such User may perform
repairs to Facilities within Public Rights-of-Way which involve the alteration or disturbance of
the surface of such Public Right-of-Way, without prior notification to or acquisition of a
construction permit from, the City. In such cases, the User shall notify the City Mana eg r or
his/her designee, of the City as promptly as possible after beginning the work but in no event
later than the close of business on the next business da�stating the nature of such repairs and
if not completed the len�th of time estimated to complete same The User shall a��ly for the
reguired approvals as soon as reasonabl�practicable and anv work performed that is not
consistent with then applicable City standards shall be corrected upon notice thereof from the
Citv•
e. _ Restoration of Surface. _Users may excavate Public Rights-of-Way only
for the purpose of, and to the extent reasonai�l ��required for the construction installation
expansion, repair removal or maintenance of its Facilities U on completion of work the
User shall promptly restore the surface of the affected Public Right-of-Way to a condition that
equals or exceeds its condition prior to such construction. To such end the User shall renlace
excavated areas with the same type of materials as those removed unless alternate equivalent
materials are approved bv the City the restoration shall com�ly with the following
requirements:
(1) replacin� all ground cover equal to or better than the ty e of r�
cover dama�ed durin� work; either by sodding or seeding or natural rg owth•
(2) installation of all manholes and handholes as re uired•
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(3) all bcre pits, potholes, trenches or any other holes shall be
filled in or covered daily, unless other safety requirements
are approved by the Director of Public Works;
(4) leveling of all trenches and backhoe lines;
(5) restoration of excavation site to City speci�cations; and
(6) restoration of all landscapin� and other affected structures
such as sprinkler systems and mailboxes.
f. Maintenance Period; Delay in Construction. All restoration work
shall be maintained by the User to the satisfaction of Cit f�period of one (1) year from the
date of completion of such restoration work. No Public Right-of-Way shall be encumbered bX
construction, maintenance, removal, restoration, or repair work for a lon e�r period than shall
be necessary to execute such work. If there is an unreasonable delay by the User in restoring
and maintaining the Public Right-of-Wav or restorin� such Public Ri�ht-of-Way after such
excavations, construction, installation or repairs have been made, the City shall notify the User
in writing that if such restoration or maintenance is not performed within five (5) days of
receipt of such notice, the City shall have the right to restore or repair the same and to require
the User to pay the reasonable cost of such restoration or repair. Furthermore if restoration
is not satisfactory and performed in a timely manner, all work in pro�ress except that related
to the problem, including all work previousl�permitted but not complete may be halted and a
hold may be placed on any permits not approved until all restoration is com lp ete•
�. Routine Maintenance. Routine maintenance on Facilities located within
Public Ri�hts-of-Way shall be conducted in a manner that is consistent with applicable CitX
re�ulations governing such work, if an�
h. Obstructions to Traffic. Any obstruction of vehicular or pedestrian
traffic resultin� from construction or repair activities to Facilities other than for emer e�ncX
repairs, shall require prior notification to the Cit�anager or his/her desi�nee of the City
Any such work shall be performed in a manner calculated to cause the least inconvenience to
the City and the public as is reasonabl�po��ible under the circumstances When a User
performs or causes to be performed any wurk over or across a public street or sidewalk or so
closelv adiacent thereto as to create hazards for the public or itself the User shall rp ovide
construction and maintenance signs and sufficient barricades and flagmen at such sites as are
reasonably necessary to protect the public and the User's equipment and workers The
application of such traffic control devices shall be consistent with the standards and provisions
of the latest edition of the Texas Manual on Uniform Traffic Control Devices Ap�ropriate
warnin� li�hts shall be used at all construction and maintenance zones where one or more
traffic lanes are bein� obstructed during nighttime conditions
i. Closing of Streets. If a User's work requires the obstruction of any
street for a period lon�er than two (2) hours such obstruction shall be a�proved by the City
Mana�er or his/her desi�nee. The User shall not close an�public street but shall at all times
maintain a route of travel alon� and within any roadway that is within a Public Right-of-Way;
provided however, in cases of an emer ency the City Manager or his/her designee maX
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authorize the temporar c� losin� of a public street or sidewalk to allow the User to complete
such emer�ency repairs if, in the opinion of the City Mana�er or his/her designee, such closing
is necessary to protect the safety of the ,eneral public.
j. Construction Drawin�s. Within one hundred twenty (120) days
following completion of construction, or within one hundred twenty (120) days following any
material alteration or modification thereto, the User shall supplv the City with a complete set
of construction drawings for the work, or for the material alteration or modification thereof,
unless the User certifies to the City, in writing, that such construction was completed in
accordance with the construction plans filed pursuant to Section 6.03 above, in which case, �: "
such construction plans shall be marked accordin�ly by the City and filed as the "permanent
construction drawings." For the purposes hz�•eof, a material alteration or modification of a
Facilitv shall be deemed to have occurred if such alteration or modification would render the
existing construction drawin�s inaccurate and/or misleading re ag rding the location of a
structural component thereof. Such drawings shall be of sufficient detail to allow the City to
determine the location of the Facilities with reasonable accuracy. In lieu of print documents, a
User ma�,�upon advance reasonable request, provide such drawings and maps by other
mediums, including electronic mediums, provided the City has the capabilitv to access such
information.
Sec. 66-134 Conservation of Public Rights-of-Way. To the extent the City may be
authorized by state or federal law to do so, and to the extent reasonable under the
circumstances then existing, the City may require a User to attach portions of its Facilities to
other Facilities within the Public Rights-of-Wav owned and maintained by other Persons. A
User shall not be required to attach its Facilities to the Facilities of such other Persons if it is
shown that such User would be subjected therebv to increased risks of interruption to its
service, to increased liability for accidents,__ur to unreasonable delays in construction or
availability of service, or if the Facilities of such other Person are not of the character, design,
or construction required by or are not being maintained in accordance with current practice
or are not available to the User on reasonable terms includin� without limitation reasonable
fees.
Insofar as is practical to do so Users shall use existing Facilities in the provision of
their services; provided, however, nothing contained herein shall be construed as limiting a
User from expanding its Facilities to accommodate future growth and development Users
shall provide information to the City relatin� to the location and/or operation of their Facilities
or services as may be reasonably necessarv for municipal lanning�urposes
Sec. 66-135 Relocation or Removal of Facilities. To the extent the City may be
authorized by law to do so a User ma b� e required to lower place underground relocate or
remove anv Facilitv within any Public Right-of-Way without cost to the City if reasonablX
necessary, as determined bv the Citv Council,_to abate a condition actually or potentially
dangerous to public health or safety or u� _:��:.� he reasonably necessarv to accommodate the
construction, repair, maintenance removal or installation of anv uU blicly funded Cit�Uroject
within the Citv in, upon, or under Public Rights-of-Way includin� without limitation street
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construction and widening, water, sanitary sewer, storm drains, street li�hts, and traffic si n�al
conduits, or any other public facilities in, upon, or under the Public Rights-of-Way. In the
alternative, where the City Council determines it to be feasible, a User may be allowed to pav
the additional costs incurred for the desi�n and/or construction of any such publicly funded
Cit�project in a manner that would avoid the necessity of relocation or removal of the
Facilities. A User shall be provided the opportunity to collaborate in advance with the Citv
and/or propose alternatives in order to minimize cost, better schedule the work, and
accommodate suitable refinements and/or�oint work with others.
In the event of any such requirement for lowering=placin� u�ground, relocating, or
removing Facilities as herein provided, the User shall complete same as soon as is reasonablX
practicable following written notice thereof by the Cit�
Sec. 66-136 Obsolete Facilities. Users shall remove Facilities from the Public
Ri�hts-of-Way when such Facilities are obsolete, are no lon�er in service, and create either
visual blight or a nuisance to the public; provided however, a User shall not be required to
remove any Facility for which renovation or restoration is planned bX the User, and which
renovation or restoration is completed within a reasonable period of time When permanent
structures in Public Rights-of-Way are removed, the City shall be notified in writin� of such
removal.
Sec. 66-137 Bonding. All Users other than governmental units shall com�ly with all
a�plicable regulations of the City relating to the provision of bonds or other securitv which
may be required in connection with work in Public Rights-of-Wav.
Sec. 66-138 Temporary Rearrangement of Aerial Wires and Cables. U,pon
request, a User shall remove or raise or lower its aerial Facilities temporarily to permit the
movin� of houses or other bulky structures. The expense of such temporary rearran eg ments
shall be paid bv the part�parties re uesting same excluding requests by the City. The User
ma��require �ayment in advance. The User shall be �iven a reasonable amount of advance
notice to provide for such rearran eg ment•
Sec. 66-139 Tree Trimming. Users shall com�ly with all a�plicable rules and
re�ulations of the Cit� overnin� the trimmin� rooming or removal of tress or other similar
ve�etative matter.
Sec. 66-140 Erosion and storm water measures. Erosion control measures shall be
implemented prior to commencement of any work. The User shall com�ly with storm water
mana�ement erosion control that com lp ies with the City, state and federal laws re�ulations
and �uidelines. Requirements may include but shall not be limited to silt fencing around anX
excavation that will be left overni�ht silt fencin� in erosion areas until reasonable vegetation is
established and barricade fencing around open holes Hi�h erosion areas shall require wire-
backed silt fencin�.
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Sec. 66-141 Placement of Facilities. All Facilities constructed or installed on or
after the effective date hereof shall be buri��_L:�derground where possible. Pedestals, junction
boxes, metering facilities and similar appurtenances may be placed above ground. Users shall
not ulace Facilities within Public Rights-of-Way in such a manner as to unreasonably interfere
with existin� electrical, cable, or telecommunications fixtures, water hydrants or mains, or
draina�e or sanitary sewer facilities, and all such Facilities shall be placed in such manner as
not to interfere with usual travel or public and/or municipal use of the Public Rights-of-Wa�
The City shall have the ri�ht to direct the location of Facilities in the Public Rights-of-Wa�
The installation, repair, construction, maintenance, and replacement of Facilities in the Ri�
of-Way shall be subject to inspection and approval by the City. Users shall cooperate fully with
the City in conductin� inspections. Users shall promptly perform remedial action required by
the Cit�pursuant to such inspection.
Sec. 66-142 Line Location and Identification. Users shall be responsible for
obtainin� line locations from the Texas One-Call System, the City, and all affected utilities and
others with Facilities in Public Right-of-Wa�prior to any excavation. Use of the Geographic
Information System or plans of record shall not satis . this requirement. The User shall be
responsible for verifying the location, both horizontal and vertical, of all Facilities. When
re uic� red by the City Mana�er or his/her designee, a User shall verify locations of potential
conflicts with existing Facilities b�pot holing, hand dig�n�, or other similar method, prior to
any excavation or boring. Placement of all manholes and/or hand holes must be a�proved in
advance by the City Mana�er or his/her designee. Hand holes or manholes shall not be located
in sidewalks unless approved by the City Mana�er or his/her designee. Location fla�s shall
not be removed while Facilities are bein� constructed. All location flags shall be removed
durin� the cleanup process by the User at completion of the work. The User, or his agent
contractor, or subcontractor, shall notify the City Manager or his/her designee immediatel ��of
an�ge to other utilities.
Sec. 66-143 Plannin� for Capital Improvement Projects. Users shall apprise the City of
existin and planned construction, maintenance, and other activities of the User within Public
Ri�hts-of-Way. Except for emer�encies, Users shall coordinate all installations and
construction within the Public Rights-of-Way with the Cit '� capital improvement programs
Within sixty (60) days following adoption eac�h City annual fiscal year budget, the Cit.�
forward, in writin�, a list of the improvement projects (includin� street widening street
overlav, bridge improvement, new street construction draina e�and utility improvement and
park improvement proiects, which are included in the adopted budget. Within sixty (60) da�
following receipt of the City's list of improvement projects for the subsequent fiscal year each
User shall provide a written report to the City identifvin� and describin� enerally the existing
Facilities that are within or cross throu�h the boundaries of each project identified by the Cit�
The Citv and the User shall provide to each other the names of their respective desi ng ated
officials who will serve as representatives for coordination of the exchange of information and
plannin� on an sy uch project. Users shall field locate their Facilities and identify same with
surface markin�s, within fifteen (15) workin�days followin the City's request therefor
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Sec. 66-144 Guarantee of Performance. Except as provided in Section 10 hereof each �- �
User, at the time of submission of its initial and each renewal registration application shall file
with the Citv a guarantee of performance of the User's obligations hereunder, whether to be
performed by the User or an o�er person on behalf of the User, to complete the installation
of its Facilities within the Public Rights-of-Way; in accordance with the permits and a�proved
plans and specifications therefor. Such �uarantee shall be �ayable to the City in the amount of
$50,000. Provided however, in the event a User applies for a permit for work in which the
estimated cost of restoration will exceed $50 000 such User shall file a su�plemental
guarantee for such additional reconstruction costs. Such guarantee make take the form of a
bond, an irrevocable letter of credit, or a statement of fiscal responsibility as set forth below:
a. Bonds. A corporate surety bond issued b�a corporate surety authorized
to do business in the State of Texas. The bond shall contain the following endorsement: "It is
herebv understood and agreed that this bon�d may not be canceled by the surety, nor may anX
intention not to renew be exercised by the surety until sixty (60) days after receipt bv the City,.
b�registered or certified mail or written notice, of such intent to cancel or to not renew." The
ri�hts reserved to the City with respect to the bond are in addition to all other rights of the CitX
and no action, proceeding, or exercise of a right with respect to such bond shall affect anX
other ri�hts of the City; or
b. Letters of credit. An irrevocable letter of credit in a form satisfactory
to the Ci Manager and the City Attorney. The letter of credit shall be issued by a federallX
insured commercial lending institution with a credit ratin� of BAA or BBB+ or higher The
federally insured commercial institution on which the irrevocable letter of credit is to be drawn
shall be acceptable to the Citv. The irrevocable letter of credit shall contain the following
endorsement: "At least sixtv (60) days' prior written notice shall be �iven to the Cit.��
bv the �nancial institution of any intention to cancel replace fail to renew or materially alter
this irrevocable letter of credit. Such notice shall be iven by certified mail to the CitX
Mana�er and City Attorney. The Citv of Friendswood may draw upon this irrevocable letter
of credit by presentation of a draft at sight. ac�ompanied by a written certificate si ned bX the
Citv Manager of the City certifving that (User) has failed to complv with
provisions of ordinances applicable to (User's) use of Public Rights-of-Way
within the Citv of Friendswood."
After providin� a User with thirty (30) davs advance written notice of any amount due
and owin�, and the User's failure to �ay such amounts the Cit�y draw u op n the
irrevocable letter of credit b�presentation of a draft at sight on the lending institution
accompanied bv a written certificate si ng ed by the Cit Manager certifving that the User has
failed to com�ly with the provisions of this Ordinance
The User shall structure the irrevocable letter of credit in such a manner that if the Citv
draws upon the irrevocable letter of credit and reduces the amount of available credit to an
amount below fiftv thousand dollars ($50 000 00) the User shall replenish the irrevocable
letter of credit to a minimum of fifty thousand dollars ($50 000 00) within five (5) calendar
days after the available credit is reduced to an amount below fifty thousand dollars
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($50,000.00). The intent of this Section is to ensure that the credit available to the City shall
at no time fall below fifty thousand dollars ($50,000.00)• or
c. Statement of Fiscal Responsibilitv. Written evidence, in the form of its
most recent audited financial statement, showin� assets or reserves sufficient to cover the
amount of the �uarantee required by this Section. If the User's assets or reserves are no longer
adequate to com�ly with the amounts required by this Section the User shall immediatelX
noti the City and shall obtain a bond or letter of credit as set forth above.
The rights reserved to the City with respect to the financial guarantees provided
for in this Section are in addition to all other rights of the City whether reserved by this
Ordinance or otherwise authorized by law, and no_action, proceedin ,g or ri�ht with respect to
the guarantee shall affect any other ri�ht the City has or ma�ave.
Sec. 66-145 Insurance and Indemnitv.
a. Insurance. A User shall procure and maintain insurance in full force
and effect at all times while its Facilities are located in the Public Rights-of-Way. The
insurance shall cover all risks associated with the use and occupancv of such Rights-of-Wav.
Covera�es shall be on an "occurrence basis." The insurance requirements a�plicable to a User
under this Section shall be applicable to all Persons performing work within Public Ri htg s-of-
Way on behalf of such User unless such Person is covered or named as an additional insured
under the policies of insurance supplied by the User pursuant hereto. If any Person other than
a User is required to provide such insurance, the provisions referring to a User herein below
shall be construed to mean such Person.
(1) Risks and Limits oi i.iability. The insurance at a minimum must
include the following covera�es and limits of liabilit�:
COVERAGE LIMIT OF LIABILITY
(i) Workers' Compensation and Statutory
Emplover's LiabilitX
(ii) Employer's Liability: Bodily Inju $1,000,000
(each occurrence)
(iii) Commercial General Liability Combined sin�le limit for
bodil�injur�nd propertX
damage of$1,000,OOOper
occurrence and $1,000,000
ag�re a�te
(a) All premises/operations
(b) Independent contractors
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(c) Products/completed
operations
�d) Personal and advertising
iniurX
(e) ContractualliabilitX
(fl Explosion, collapse and
under�round hazards
(iv) Comprehensive Auto:nobile Combined single limit for
Liability, including coverage bodil�jur�nd property
for loading and unloadin� damage of$1,000,000 per
hazardsfor occurrence
(a) owned/leased vehicles
(b) non-owned vehicles
(c) hired automobiles
(v) Excess Coverage $5,000,000 per occurrence/
combined ag�re_ a� te in
excess of limits specified for
Emplover's Liabilit�
Commercial General
Liability, and Automobile
Liabilitv
Note: Aggregate limits are for a 12-month policy period, unless
otherwise indicated
(2) Form of Policies. The insurance may be in one or more policies of
insurance, the form of which must be approved by the Texas Insurance
Commission.
(3) Issuers of Policies. The issuer of an�policy shall be authorized to
transact insurance business in the State of Texas.
(4) Insured Parties. Each policy shall name the User and the Citv (and the
officers, agents and employees of the Citv) as insured arties.
(5) Deductibles. The User shall assume and bear any claims or losses to the
extent of anv deductible amounts and waives anv claims it may ever have
for the deductible amounts against the Citv its officers a�ents or
employees.
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(6) Cancellation. Each policy shall expressly state that it may not be
canceled or non-renewed unless thirty (30) days advance notice of
cancellation or non-renewal is �iven in writing to the Cit�
(7) Subro�ation. Each policy shall contain an endorsement to the effect that
the issuer waives any claim or right in the nature of subrogation to
recover a�ainst the City, its officers, agents or emplo�s_
�8) Liability for Premium. If any of the policies referred to above do not
have a flat premium rate, and such premium has not been paid in full,
such policy shall have a rider or other appropriate certificate or waiver
sufficient to establish that the issuer is entitled to look only to the User
for anv further premium payment and has no right to recover anX
premiums from the Cit�
(9) "Other Insurance" Clause. The insurance policy(ies) shall provide that
the "other insurance" clause does not apply to the City where the City is
shown on the policy as an additional insured.
(10) Delivery of Policies. The originals of all policies referred to above, or
copies thereof certified by the agent or attorney-in-fact issuin tg hem,
to�ether with written proof that the premiums have been paid shall be
deposited by the User with the City Secretar�prior to commencement of
any work. Failure on the part of the User to furnish a new policy or
certified copy thereof before the expiration date of an�policy or
failure to obtain a new policy before the date fixed for the cancellation of
an existin�policy, so that the insurance referred to shall be continuously
in effect, shall constitute a violation hereunder.
(11) Liability of User. The Citv's a�proval disa�proval or failure to act
re ardin�any insurance supplied by a User shall not relieve such person
from full responsibility or liability for damages and accidents arisin� out
of use or occupancy of Public Right-of-Way. Neither bankruptcy
insolvencv nor denial of liability bv the insurance company shall
exonerate the User from liabilitv•
(12) Self-insurance. A User mav elect to self-insure to provide the insurance
covera�e required hereunder, subject to the restrictions set forth in this
subsection, provided the User submits to the City copies of its
certificates of self-insurance from the Texas Department of Insurance
and its most recent audited financial statements showing self-insurance
reserves or other assets suf�cient to pa�jud ments �ual to the limits set
forth above. A User shall also provide to the City documentation
evidencing its process for reviewin and paying claims The Cit.�shall
be protected bv a User's self-insurance to the same extent as an
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additional_ insured on a_�olicy issued by an insurance company. If a
User's self-insuranc� �;�;,gram ceases, or a User's assets or reserves are
no lon�er suf�cient to com�ly with the above coverage requirements the
User shall immediatel�fy the City of such lapse of covera�e and the
User shall obtain commercial insurance, in accordance with the above
requirements, within thirty (30) days following such notice.
b. Indemnity. To the extent permitted by law, each User, and each Person
performing work within a Public Right-of-Way as a contractor on behalf of a User shall
indemnifY_and hold the City harmless as set forth below. If any Person other than a User is
required to provide such indemnit ,�he provisions referrin� to a User hereinbelow shall be
construed to mean such Person.
The User shall promptly defend, indemnify, and hold the City harmless from and
a�ainst all damages, costs, losses, or expenses (i) for the repair replacement or
restoration of City's properry, equipment, materials, structures, and facilities which
are damaged, destroyed, or found_to be defective solely as a result of the User's
acts or omissions; and (ii) from and against anv and all claims, demands suits
causes of action, and judgments for (a) damage to or loss of the propert�anX
person (includin�, but not limited to, the User its agents officers employees and
subcontractors, and the Cit ,�a�ents, officers, and employees and third parties)•
and/or (b) death, bodily injury, illness, disease loss of services or loss of income
or wages to any person (includin�, but not limited to the officers agents and
employees of the User, the User's contractors, and the City's officers agents and
employees, and third parties), arising out of incident to concernin� or resulting
from, the negligent or willful acts or omissions of the User its officers a eg nts
e__mployees, and/or subcontractors, in the performance of activities pursuant to this
Ordinance.
This indemnity provision is intended to include liabilit arising from the City's
alle�ed ne�ligence, but only to the extent such liability arises out of a claim or
claims that the Ciry was ne�gent in authorizing the User to use or occu�y the
Public Ri�hts-of-Way, in re ulatin� th� conduct of the User or in failing to prevent
the User from actin� in a negligent or wrongful manner.
For purposes of this indemnification provision acts or omissions of the officer
agents, employees and contractors of the User shall be considered the acts and
omissions of the User.
The indemnitv provision set forth above is solely for the benefit of the City and the
User and is not intended to create or rag nt an��hts contractual or otherwise to
any other Person.
Sec. 66-146 Revocation or Denial of Construction Permits If anv provision of this
Ordinance is not followed, a permit for the construction of Facilities may be revoked if a
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Person has not followed the terms and conditions of this Ordinance with respect to work done
pursuant to a prior permit, new permits may be denied or additional terms ma. b�equired.
Sec. 66-147 Appeal from Denial or Revocation of Permit. Appeals from denials or
revocations of permits shall be to the City Council. Appeals shall be filed with the CitX
Secretary within �fteen (15) days from the date of the denial or revocation. A hearing shall be
held within thirty (30) days of the date the appeal is filed with the City Secretarv.
Sec. 66-148 Conflicts with Existing Franchises. In the event of conflict between the
provisions of this Ordinance and any franchise or other written authorization heretofore
approved by City, the provisions of this Ordinance shall control.
Sec. 66-149 Notice. Any notice required to be given b t�o City hereunder shall be ivg en in
writin�, and may be effected b�person�� delivery if delivered to the City Manager or his
designee, (ii) by facsimile or electronic mail, if delivered to the said Citv Manager or his
desi�nee and to the City Secretarv, or (ii) by United States mail, postage�repaid re�istered or
certified, return receipt requested, addressed to the Cit�nager or his designee and the City
Secretary. No notice shall be deemed given until actual receipt by City as hereinabove set
forth.
Sec. 66-150 Penalties.
a. Criminal Penalty. Any person who shall violate an�provision of this
Ordinance shall be deemed �uilty of a misdemeanor and upon conviction thereof shall be
fined in an amount not to exceed two thousand dollars ($2000.00). Each day of violation shall
constitute a separate offense. Prosecution for and imposition of criminal penalties under this
Subsection shall not bar the City from seeking other additional remedies as may be provided in
this Ordinance, by law, or in equity.
b. Civil penalties. Civil penalties may be imposed for violation of anX
provision of this Ordinance, as follows:
�1) Up to one thousand dollars ($1 000.00) for each violation and each d�
of a continuin� violation mav be considered a new violation• and/or
(2) Revocation of any or all ermits �ranted to allow work in Public Ri�hts_
of Way, subject to procedural guidelines provided in this Ordinance anX
agreement which applies to the person subject to the complaint and
subject to any limitation im op sed by federal or state law.
Section 4. Repealer. All ordinances or parts of ordinances inconsistent or in
conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed.
Section 5. Severability. In the event any clause phrase, provision, sentence, or part
of this Ordinance or the application of the sarne to any person or circumstances shall for any
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reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City Council of the City of •
Friendswood, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,
whether there be one or more parts.
PASSED AND APPROVED on first reading this llth day of Sent• , 2000.
PASSED, APPROVED, AND ADOPTED on second and final reading this 2 5 th
day of 5eptember , 2000.
Harold L. Whitaker
Mayar
ATTEST
�
. ,
Deloris McKenzie, RM
City Secretary
Motion: Councilmember Jerry Ericsson
2nd: Councilmember Kitten Brizendine
Approved: Unanimously
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