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HomeMy WebLinkAboutOrdinance No. 99-31 � , . . ..... , , . . . _..� ' , , . ORDINANCE NO. 9 9—31 AN ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF �'RIENDSWOOD, TEXAS, BY ADDING TO ARTICLE IV. EXCAVATIONS, A DIVISION 3, MANAGEMENT OF THE RIGHT OF WAY THERETO; PROVIDING FOR STANDARDS FOR RIGHT-OF-WAY CONSTRUCTION; PROVIDING FOR REGISTRATION AND CONSTRUCTION PERMITS IN THE RIGHT OF WAY; PROVIDING FOR FILING OF REQUIRED "PLANS OF RECORD"; PROVIDING FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS; PROVIDING PEN�LTIES AND REMEDIES FOR IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR RESTORATION OF PROPERTY; PROVIDING FOR REVOCATION OR DENIAL OF PERMIT; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CIVIL AND CRIMINAL PENALTY IN AN AMOUNT NOT TO EXCEED $1,000 AND $500 PER DAY OF VIOLATION; AND PROVIDING A SEVERABILITY CLAUSE. * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section l. That Chapter 66 of the Code of Ordinances of the City of Frierrdswood, Texas be and hereby is amended by adding Division 3. Management of the Right of Way to Article IV. Excavations, which shall provide as follows: DIVISION 3. MANAGEMENT OF THE RIGHT OF WAY Sec. 66-126. Title This chapter may be known and cited as the Right-of-Way Management Ordinance for the City of Friendswood, Texas. Sec. 66-127. Construction; governing 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 City 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 Right of Way Management Ordinance 10/20/99 Page 1 . . ' . . , . .... _._ � . . , . .-_. _-R.. ' � • . • , ' . any other requirement of the City 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, including any areas subsequently annexed by the city. Sec. 66-129. Definitions Street or public way or public right-of-way or public rights-of-way or rights-of- way or right-of-way means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by or under the control of the city, to which the city holds the property rights in regard to the use for utilities. U.S.C. means United States Code. Sec. 66-130. Criminal penalties (a) Any violation or failure to abide by, and comply with, any provision or requirement of this Ordinance shall be a violation of City Ordinance, and shall be punished as a Class C Misdemeanor, subject to a fine of up to five hundred dollars ($500.00) per occurrence, unless otherwise provided by state law. (b) Each day upon which there exists a violation of this chapter, or a failure to abide by, or comply with, any provision or requirement of this chapter, shall constitute a separate occurrence, and may subject the offender to separate criminal penalties. (c) Prosecution pursuant to this section is in addition to and does not supplant other remedies. Sec. 66-131. Civil penalties (a) Civil penalties may be imposed for the violation of any provision of this chapter, as follows: (1) Up to one thousand dollars ($1,000.00) for each violation, and each day of a continuing violation may be considered a new violation; and/or (2) If applicable, default and revocation of any or all permits granted to allow work in the rights-of-way, subject to the procedural Right of Way Management Ordinance 10/20/99 Page 2 guidelines noted in this chapter and any agreement which applies to the right-of-way user, and further subject to any limitations imposed by federal or state law. (b) In imposing the penalties and the amount, the city may weigh all applicable factors, such as damages caused by t�P violation, reasons for the violation, the seriousness of the violation, and alI other factors. (c) Monetary civil penalties may be imposed in the manner prescribed by either local or state law. (d) In addition, the city council may order specific performance of any actions required by this chapter or required by a franchise, license or permit, including the permit authorizing work to be performed in the right-of-way, or any other agreement or authorization. Sec. 66-132. Right-of-way Construction No person shall commence or continue with the construction, installation or operation of facilities within the right-of-way in the city except as provided by the ordinances of the city and the directives of the Community Development Department. Sec. 66-133. Registration and Construction Permits (a) Registration In order to protect the public health, safety and welfare, all users of the right-of-way will register with the City of Friendswood. Registration and permits will be issued in the name of the person who will own the facilities. Registration must be renewed every January. If a registration is not renewed, the facilities of the user will be deemed to have been abandoned. When any information provided for the registration changes, the user will inform the City of Friendswood no more than thirty(30) days after the date the change is made. Registration shall include: (1) the name ofthe owner ofthe facilities located within the right-of-way; (2) the name of the user of the right-of-way; (3) the name, address and telephone number of people who will be contact person(s) for the user; Right of Way Management Ordinance 10/20/99 Page 3 (4) the name, address and telephone number of any contractor or subcontractor who will be working in the right-of-way on behalf of the user; (5) the name(s) and telephone number of an emergency contact who shall be available 24 hours a day; (6) proof of insurance and bonds; (a) An applicant must provide proof of liability insurance in the amount of six million dollars; one million dollars ($1,000,000.00) primary plus five million dollars ($5,000,000.00) umbrella or other securities as acceptable to the City Manager or his/her designee. (b) The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards. (c) Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty days before canceling, failing to renew, or reducing policy limits. (d) The applicant shall file the required original certificate of insurance prior to any commencement 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 insured; policy expiration date; and specific coverage amounts. (e) The applicant shall file a surety bond which will be valid prior to the commencement of any construction through one 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 value of the work to be performed that year to guarantee that the restoration of the right of way in the event the applicant leaves a job site in the right of way unfinished, incomplete or unsafe. Restoration must be made to a condition which puts the right-of-way back in substantially the same condition as prior to the commencement of the work. (b) Construction Permits (1) No person shall perform any construction or installation of facilities in the right-of-way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the Right of Way Management Ordinance 10/20/99 Page 4 facilities to be constructed. The permit must be completed and signed by a representative of who will own the facilities to be constructed. (i) Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however the department should be notified in writing by the next business day of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right of way and an updated map of any facilities that were moved. (ii) The phrase "construction or installation of facilities" does not include repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement or the closure of a nonresidential traffic lane; or the installation of facilities necessary to initiate service to a customer's property or excavation or boring. (2) The permit shall state to whom it is issued, the location of work, the location of facilities, dates and times of work is to take place and any other conditions set out by the director of Community Development or his/her designee. (3) The person requesting a permit will provide the Director of Community Development or his/her designee with documentation in the format specified by the city describing: (i) The proposed, appro�mate location and route of all facilities to be constructed repaired, moved or installed and the applicant's plan for right-of-way construction. (ii) Engineering plans which will be on a scale of one inch (1") equals fifty feet (50 `) unless otherwise approved by city engineer. (iii) Detail of the location of all right-of-way and utility easements which applicant plans to use. (iv) Detail of all existing city utilities and, to the extent known, other facilities in the right-of-way in relationship to applicant's proposed route. (v) Detail of what applicant proposes to install, such as pipe size, number of interducts, valves, etc. Right of Way Management Ordinance 10/20/99 Page 5 (vi) Detail of plans to remove and replace asphalt, concrete in street in accordance with the Design Improvement Standards of the City. (vii) Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc. including depth. (viii) Handhole and/or manhole typicals of type of manholes and/or handholes applicant plans to use or access. (ix) Complete legend of drawings submitted by applicant. (x) Five sets of engineering plans must be submitted with permit application. (xi) The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. (xii) The construction and installation methods to be employed for the protection of existing structures, fi�ures, 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.) are subject to approval of the Director of Community Development or his/her designee. (xiii) A statement that proof of insurance, bond or other required financial information is current and on file. (1) All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The Director of Community Development or his/her designee shall be provided access to the work and to such further information as he or she may reasonable require to ensure compliance with the permit. (2) A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the Director of Community Development or his/her designee at all times when construction or installation work is occurring. (3) All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be Right of Way Management Ordinance 10/20/99 Page 6 completed in the specified time periods, the permittee may request an extension from the Director of Community Development or his/her designee. (4) 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. (5) A request for a permit must submitted at least fifteen (15) working days before the commencement of work proposed in the request, unless waived by the Director of Community Development or his/her designee. (6) Requests for permits will be approved or disapproved by the Director of Community Development of his/her designee within a reasonable time or receiving all the necessary information. The Director of Community Development or his/her designee will use his/her best efforts to approve or disapprove a request for permit as soon as possible. (7) The Community Development department may request a pre- construction meeting with the permittee and their construction contractor. (8) Valid permits are required for all construction whether new, replacement, or upgrading of the company's network facilities in the right-of-way, either aerial or underground. Sec. 66-134. Construction standards (a) The Department of Community Development shall be notified twenty four (24) hours in advance that construction is ready to proceed by either the right-of-way user, their contractor or representative. (b) All construction shall be in conformance with all city codes and applicable local, state and federal laws. (c) Three by three feet information signs stating the identify of the person doing the work, their telephone number and the permittee's identity and telephone number shall be placed at the location where construction is to occur 48 hours prior to the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. (d) Erosion control measures (i.e. silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins. (e) Permittee may be required to show proof of EPA approved plans relating to storm water and erosion when applicable or a letter stating they are not required to obtain such plans. Right of Way Management Ordinance 10/20/99 Page 7 (fl Lane closures on major thoroughfares will be limited to between 8:30 a.m. and 4:00 p.m. unless the department of Community Development grants prior approval. Arrow boards will be required on lane closures, with all barricades, advanced warning signs and 36 inch reflector cones placed according to the specifications of the city. (g) Permittees are responsible for the workmanship and any damages by a contractors or subcontractors. A responsible representative of the permittee will be available to Community Development at all times during construction. (h) Permittee shall be responsible for storm water management erosion control that complies with city, state and federal guidelines. Requirements 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, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. (i) Permittee or contractor or subcontractor will notify the Community Development department immediately of any damage to other utilities, either city or privately owned. (j) When a street or sidewalk cut is required, prior approval must be obtained by the Community Development department and all requirements of the Community Development department shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic. (k) Installed facilities must not interfere with city utilities, in particular gravity dependent facilities. (1) New non-municipal utilities must be installed at a minimum of six (6) feet depth, unless a lesser depth is approved by the city engineer and the Director of Community Development. (m) All directional boring shall have locator place bore marks and depths while bore is in progress. Locator shall place mark at each stem with paint dot and depth at least every other stem. (n) Working hours in the right 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 or on Saturday must be approved by City Council in advance. Directional boring is permitted only Monday through Friday Right of Way Management Ordinance 10/20/99 Page 8 7:00 a.m. to 6:00 p.m.. No work in the ROW shall be performed, except for emergencies, on Sunday's or city holidays. (o) Contractors working for permittee are responsible for obtaining line locates from all affected utilities prior to any excavation. (p) Permittee will be responsible for verifying the location both horizontal and vertical of all affected facilities whether by pot holing or hand digging prior to any excavation or boring with the exception of work involving lane closures. (q) Placement of all manholes and/or hand holes must be approved in advance by the Community Development department. Sec. 66-135. "Plans of Record" plans Right of way users will provide the Community Development Director or his/her designee with"plans of record" (also called "as built" plans) within ten days of completion of facilities in the right-of-way and annually thereafter. Users who have facilities in the right-of-way existing as of the date of this ordinance, and who have not provided "plans of record" shall do so not later thirty (30) days after the passage of this ordinance. The plans shall be provided to the city in the format specified by the Director of Community Development or his/her designee and with as much detail and accuracy as required thereby. All the criteria specified for plans submitted for the initial permit will be required for the plans of record. Submittal of"plans of record" shall be in digital formatting as well as written or in any other format requested by the city. Sec. 66-136. Conformance with Public Improvements Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other Community Development projects, (e.g. install or improve 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, such alternations shall be made by the owner of the facilities at their expense within thirty days from receipt of notice to make the alternations, unless a different schedule has been approved by the Community Development Director or his/her designee. Facilities not moved after 30 days or within the approved schedule shall be deemed abandoned. Sec. 66-137. Improperly Installed Facilities (a) Any person doing work in the city right-of-way shall properly install, repair, upgrade and maintain facilities. Right of Way Management Ordinance 10/20/99 Page 9 (b) Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if: (1) the installation, repairs, upgrade or maintenance endangers people or property; (2) the facilities do not meet applicable city codes; (3) the facilities are not capable of being located using standard practices; (4) the facilities are not located in the proper place in accordance with the directions provided by the Community Development department; or (5) the facilities are placed in an area that interferes with city owned facilities, including but not limited to water or sewer lines or streets. Privately owned facilities shall be considered to interfere with city owned facilities if the privately owned facility is within three (3) feet horizontally of the city owned facility, or the distance required by the permit, whichever is greater. Nothing in this section shall diminish the authority of the Community Development Director to direct the specific placement of specific lines. Sec. 66-138. Type of facilities (a) The Community Development Director may require or approve the location of facilities underground. (b) When poles are used, the type of poles, location, depth, upgrades; etc. shall be subject to the approval of the Community Development department. (c) The Community Development Director or his/her designee may approve the size of facilities to be installed or require proof of need to install the size of the system requesting to be permitted. Sec. 66-139. Restoration of property (a) Users of the right-of-way shall restore property affected by the construction of facilities �o a condition that is equal to or better than the condition of the property prior to the performance of the Right of Way Management Ordinance 10/20/99 Page 10 work. Restoration must be approved by the Community Development department. (b) Restoration must be to the reasonable satisfaction of the Community Development department and the property owner. The restoration shall include, but not be limited to: (1) This includes, but is not limited to, replacing all ground cover with the type of ground cover damaged during work, of equal or better quality, either by sodding or seeding, as directed by Community Development; (2) Installation of all manholes and handholes, as required; (3) Backfilling all bore pits, potholes, trenches or any other holes. All such excavations shall be filled in daily, unless other safety requirements are approved by Community Development; (4) Leveling of all trenches and backhoe lines; (5) Restoration of excavation site to city specifications including compacting and grading; (6) Restoration of all landscaping, ground cover, and sprinkler systems. (a) All locate flags shall be removed during the clean up progress by the permittee or his/her contractor at the completion of the work. (b) Restoration must be made in a timely manner as specified by approved Community Development schedules and to the satisfaction of the Community Development Director or his/her designee. If restoration is not satisfactory and performed in a timely manner, all work in progress, including all work previously permitted but not completed will be immediately halted and a hold will be placed on any permits not approved until all restoration is complete. Right of Way Management Ordinance 10/20/99 Page 11 Sec. 66-140. Revocation or denial of permit If any of the provisions of this ordinance are not followed, a permit may be revoked by the Community Development Director or designee. If a person has not followed the terms and conditions of this ordinance in work done pursuant to a prior permit, new permits may be denied or additional terms required. SecNon 2. Except as otherwise herein expressly amended, all other provisions of Chapter 66 of the Code of Ordinances of the City of Friendswood, Texas, as it may have been previously amended, remain unchanged and in full force and effect. Section 3. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it sha11 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 4th day of October , 1999. PASSED, APPROVED, and ADOPTED on second and fmal reading this 18th day of October , 1999. Harold L. Whitaker Mayor ATTEST: Right of Way Management Ordinance 10/20/99 Page 12 c � s Deloris McKenzie, C City Secretary Right of Way Management Ordinance 10/20/99 Page 13