HomeMy WebLinkAboutOrdinance No. 2019-28 (Title: An ordinance amending Sec. 70-196 of the Code of Ordinances pertaining to use of
temporary means of marking utilities on paved surfaces within public rights-of-way.)
ORDINANCE NO. 2019-28
AN ORDINANCE OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING THE CODE OF ORDINANCES,
CHAPTER 70, "STREETS, SIDEWALKS, AND OTHER
PUBLIC PLACES" BY AMENDING SECTION 70-196 "LINE
LOCATION AND IDENTIFICATION"; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY, PUBLICATION AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The foregoing recitals are hereby found to be true and correct and are hereby
adopted by the City Council and made a part hereof for all purposes as findings of fact. The City
Council hereby further finds and determines that the rules, regulations, terms, conditions,
provisions and requirements of this ordinance are reasonable and necessary to protect the public
health, safety and welfare of the citizens of the City.
Section 2. Chapter 70 of the Code of Ordinances entitled "Streets, Sidewalks, and
Other Public Places", Section 70-196 is hereby amended to read as follows:
"Sec. 70-196.—Line location and identification.
(a) Users shall be responsible for obtaining line locations from the state one-call system, the
city, and all affected utilities and others with facilities in public right-of-way,prior to any
excavation. Use of the geographic information system or plans of record shall not satisfy
this requirement. The user shall be responsible for verifying the location, both horizontal
and vertical, of all facilities. When required by the city manager or his/her designee, a
user shall verify locations of potential conflicts with existing facilities by pot holing,hand
digging, or other similar method, prior to any excavation or boring. Placement of all
manholes and/or hand holes must be approved in advance by the city manager or his/her
designee. Hand holes or manholes shall not be located in sidewalks unless approved by
the city manager or his/her designee. Location flags shall not be removed while facilities
are being constructed. All location flags shall be removed during the clean-up 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 immediately of any damage to other
utilities.
(b) User shall not place permanent utility locate markings on paved surfaces, including,
without limitation,asphalt,concrete,brick paver, or any permanently paved surface within
public rights-of-way. User shall use temporary color-coded surface marks (i.e. temporary
chalk paint)to indicate the location or route of active and out-of-service buried utility lines.
Paint shall not be used for temporary markings. Color coded vertical markers (i.e. flags or
staking) should be used to supplement surface marks where applicable to increase
visibility. All surface marks and vertical markers shall be removed during the cleanup
process by the user at completion of the work.
Section 3. All ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 4. 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 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.
Section 5. This ordinance shall become effective from and after its date of passage and
its publication, as provided by law.
PASSED AND APPROVED on first reading this 1st day of July, 2019.
PASSED, APPROVED, and ADOPTED on second and final reading this 5th day of
August,2019.
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1ylayor
ATTEST: ��4 •
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Melinda Welsh, TRMC se ,:
City Secretary
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Ord No.2019-28 2