§ 155.06. Construction obligations

(A) A person is subject to reasonable police power regulation of the city to manage its public rights-of-way in connection with the excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair of facilities in the public rights-of-way, pursuant to the city's rights as a custodian of public property based upon the city's historic rights under state and federal laws. Such regulations included, yet are not limited to, the following.

(B) At the city's request, a person shall furnish the city accurate and complete information relating to the excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair of facilities performed within the public rights-of-way underground according to the applicable city requirements unless the person makes a compelling demonstration that, in any specific instance, this requirement is not reasonable, feasible or equally applicable to other similar users of the public rights-of-way.

(1) The underground placement of facilities is encouraged. In any event, facilities shall be installed underground where existing utilities are already underground. The utility owning the underground facilities shall make a reasonable determination as to whether space is available to accommodate the new facilities. A negative determination shall not relieve the person of the responsibility to underground its facilities in underground utility areas. To the degree reasonably feasible previously installed aerial facilities shall be placed underground in concert, and on a cost-sharing basis, with other utilities when such other utilities convert from aerial to underground construction. All undergrounding of facilities shall be at a depth of 24 inches or more unless otherwise directed by the city.

(2) Underground conduits and ducts shall be installed in the public rights-of-way between the adjacent property line and curb line unless otherwise directed by the city.

(3) Conduits and ducts shall be installed parallel with the curb line and cross the public rights-of-way perpendicular to the public rights-of-way centerline unless otherwise directed by the city.

(4) Ducts and conduits shall be installed by trenchless excavation or directional boring when placing these facilities under paved public rights-of-way centerline unless otherwise directed by the city.

(C) A person shall perform excavations and other construction in the public rights-of-way in accordance with all applicable city requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the public right-of-way. The city shall waive the requirement of trenchless technology if it determines that, based upon information provided to the city by the person, the particular field conditions warrant a waiver. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property. Any plant or facility placed within the public rights-of-way which is suspended in any manner above ground shall either be placed on existing poles or equipment or be suspended at a height not less than 22 feet above ground level, unless otherwise approved by the Director, but in no event less than 15 feet, except to the extent state law controls. A person shall follow all reasonable construction directions given by the city in order to minimize any such interference.

(D) A person must obtain a permit, as reasonably required by applicable city codes, including division (D)(3) of this section prior to excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair of the person's facilities.

(1) Bonding will be required as in division (L) below and insurance as in § 155.08, herein.

(2) A construction permit is not required for routine maintenance that does not require excavation of the public rights-of-way or which does not block traffic lanes or sidewalks during peak traffic periods between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:30 p.m. on weekdays or for more than two hours during any non-peak traffic period. The failure of the person to request and obtain a permit from the city prior to performing any of the above listed activities in, on or over any public right-of-way, except in an emergency as provided for in division (J) below, will subject the person to a stop-work order from the city and enforcement action pursuant to the city's Code of Ordinances. If the person fails to act upon any permit with 90 calendar days of issuance, the permit shall become invalid unless extended by the city upon a showing of good cause. Upon expiration of a permit, a person shall be required to obtain another permit pursuant to the requirements of this chapter.

(3) At least 45 days prior to submission of an application for a construction permit for a capital improvements project, a person shall furnish the Director with construction plans and maps using the standard format adopted by the Department of Municipal Services, showing the location and plans and specifications for a permit for construction of a capital improvements project until all required plans and drawings have been approved in writing by the city, which approval will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the facilities and routing.

(4) At least three days before beginning excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair of facilities for a project that involves an alteration to the surface or subsurface of the public rights-of-way but is not a capital improvements project, a person shall submit an application for a permit for the standard format adopted by the Department of Municipal Services, showing the location and proposed routing of the excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair unless otherwise approved by the Director. A person may not begin construction until the location of new facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the city and a permit has been issued, which issuance will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the facilities and routing.

(5) Construction plans and maps shall show all features within the public rights-of-way that would affect the placement of the proposed facilities such as, yet not limited to, existing underground and aerial wires or conduits, ducts, poles, wires, pipes, sewerage, water lines and cables as well as their ownership; traffic signal and street light poles; fire hydrants; driveways; curbs, inlets and drains; sidewalks, wheelchair ramps; and, trees and large shrubs. Drawings shall be drawn to an appropriate scale of no larger than one inch equals 50 feet using the standard formats adopted by the Municipal Services Department. State plan coordinates shall be shown for benchmarks, curb lines and elevations. If typical are used, they shall reference the station numbers for which they are to be applied. Traffic control plans shall be in conformance with the latest revision of the Texas Manual on Uniform Traffic Control Devices (MUTCD).

(6) A person shall use their best efforts to coordinate joint trenching with any other persons and/or public utilities which may be constructed in and along the same public rights-of-way in a time frame reasonably similar to the person's construction time table. The Department of Municipal Services may mandate such coordination to the fullest extent allowed by law.

(7) To the extent known, plans for ongoing repair, maintenance and improvements which involve cutting into paved city roads and streets shall be submitted to the Director of Municipal Services on an annual basis, no later than April 1 of each year and updated based upon any changes. This does not require any proprietary information such as equipment or customer specific information. Such information may be designated confidential and to the extent allowed by law will be kept confidential by the city. Alternatively, a person may meet with the appropriate representative of Municipal Services each calendar quarter to provide such plans to the extent known.

(8) Once a permit is issued, the Department of Municipal Services shall be notified at least 24 hours in advance that construction in the public rights-of-way is ready to proceed by a person or their representative. Information signs (at least three feet by three feet in size) stating the identity of the person doing the work, their telephone number and the person'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 public rights-of-way and shall continue to be posted at the location during the entire time the work is occurring and/or until permanent repairs are completed.

(9) Erosion control measures and advance warning signs, markers, cones and barricades must be in place before work begins. A person may be required to show proof of engineered plans relating to storm water and erosion when applicable or a letter stating a person is not required to obtain such plans. A person shall be responsible for storm water management erosion control that complies with city, state and federal guidelines as applicable.

(10) Lane closures on major thoroughfares will be limited to between 9:00 a.m. and 4:00 p.m. unless the Department of Municipal Services grants prior approval. Arrow boards will be required on lane closures with all barricades, advance warning signs and 36-inch reflector cones placed according to the specifications of the city. Working hours in the public rights-of-way are limited to the hours between 7:00 a.m. to 6:00 p.m. Monday through Friday. Work to be performed after 6:00 p.m. on Monday through Friday or on Saturday must be approved by the Department of Municipal Services in advance. Directional boring is permitted only Monday through Friday 7:00 a.m. to 6:00 p.m. No work in the public rights-of-way shall be performed except for emergencies on Sundays or on holidays.

(11) Without affecting the legal relationship between a person and its contractors, a person is responsible for the workmanship and any damages by a contractor or subcontractor.

(12) If additional poles and existing aerial utility route are required, a person shall negotiate with the utility company for the installation of the needed poles in accordance with existing statutes and regulations. However, if the utility will not install new poles on a reasonable basis, then a person may erect its own poles.

(E)

(1)

Within 14 days of completion of excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair of facilities or other work in the public rights-of-way, a person shall temporarily restore and repair the public rights-of-way in accordance with applicable sections of the Code of Ordinances of the City of Jacksboro. Within 30 calendar days after completion of work in the public rights-of-way, the person shall permanently restore, replace, relay and/or repair the surface, base, curbs, drainage systems, irrigation systems, landscape treatment or other city facilities and infrastructure located on, in and under any public rights-of-way that has been excavated, altered or damaged by reason of the excavation, construction, installation, expansion, reconstruction, relocation, alteration, removal, maintenance or repair of the person's facilities in accordance with existing standards of the city in effect at the time of the work. Upon a showing of good cause, the city may at its sole discretion extend the time for restoration and repair of the public rights-of-way under this section. Unless the person provides a recent dated photograph or a video tape of the public rights-of-way before the construction, the condition of the public rights-of-way before construction should be presumed in good condition, subject only to reasonable wear and tear as determined by the Director.

(2) Whenever a person shall disturb or destroy any right-of-way markers or monuments, it shall restore the same within 30 days after construction has ceased. A person shall furnish three sets of drawings, blueline or blackline, detailing the restored monumentation. State plane coordinates shall be shown for all monumentation (existing or restored). The drawings shall be signed (original signature), sealed and certified by a registered professional land surveyor and delivered to the Director of Municipal Services for approval no later than 30 days after construction has ceased.

(F) Upon failure of a person to perform any such repair or replacement work after five days written notice has been given by the city to the person, and in the event repairs have not been initiated during such five day period, the city may repair such portion of the public rights-of-way as may have been disturbed by the person, its contractors or agents. The city may, at its discretion for good cause, alter the five-day period. Upon receipt of an invoice from the city, the person shall reimburse the city for the costs so incurred within 30 calendar days from the date of the city invoice.

(G) Should the Director reasonably determine within one year from the date of the completion of the repair work that the surface, base, curbs, drainage systems, irrigation systems, landscape treatment or other city facilities and infrastructure located on, in or under any public rights-of-way requires additional restoration, replacement or repair work to meet existing standards of the city, a person shall perform such additional restoration, replacement or repair work to the satisfaction of the city, subject to all city remedies as provided herein.

(H) Notwithstanding the forgoing in division (G), if the Director determines that the failure of a person to properly repair or restore the public rights-of-way constitutes a safety hazard to the public, the city may undertake emergency repairs and restoration efforts after emergency notice has been provided to the extent reasonable under the circumstances and the person failed to respond within a reasonable time specified by the city. Upon receipt of an invoice from the city a person shall promptly reimburse the city for all costs incurred by the city within 30 calendar days from the date of the city invoice.

(I) If the Director declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of facilities, a person shall remove or abate the person's facilities by the deadline provided in the Director's request. The person and the city shall cooperate to the extent possible to assure continuity of service. If the person, after notice, fails or refuses to act, the city may remove or abate the facility at the sole cost and expense of the person without paying compensation to the person and without the city incurring liability for damages.

(J) Except in the case of customer service interruptions and imminent harm to property and persons ("emergency conditions"), a person may not excavate the pavement of a street or public rights-of-way without first complying with city requirements. The City Department of Municipal Services shall be notified as promptly as possible regarding work performed under such emergency conditions and the persons shall comply with the requirements of city standards and of this chapter for restoration, replacement or repair of the public rights-of-way. Any emergency repairs requiring saw cuts shall be performed in accordance with standards established by the Director.

(K)

(1)

Within 120 days of completion of each new permitted section of a person's facilities, the person shall supply the city with a complete set of "as built" drawings for the segment in a format used in the ordinary course of the person's business to the extent they are prepared in the ordinary course of business, excluding customer specific, proprietary or confidential information and as reasonably prescribed by the city as is described below, and as may be allowed by law. Such "as built" maps may be corrected and revised construction plans. In the event the facilities were built as specified in the originally submitted plans, the person may certify to the city that there were no changes. The city may, at its discretion, accept in lieu of "as built" drawings any reasonable alternative which provides adequate information as to the vertical depth, linear location and size of facilities in the public rights-of-way which may include direct on-line access to such information.

(2) To the extent the person's customary as-built format will confirm without economic impracticability, a person shall furnish the city "as built" drawings as follows: drawings shall show ownership of conduits, ducts, poles, cables and any other facilities placed within the public rights-of-way. Drawings shall be drawn to a scale of one inch equals 20 feet on 24-inch by 36-inch sheets and one inch equals 40 feet on 11-inch by 17-inch sheets using the standard format adopted by the Department of Municipal Services. A person shall provide one set of all such drawings on diskette in Autocad or Microstation format drawn to full scale and one set of blue or blacklined "as built" drawings on vellum or Mylar to the Director of the Department of Municipal Services. State plane coordinates shall be shown for benchmarks, curb lines and structures. Drawings shall show horizontal dimensions from the curb line and elevations.

(3) All persons who have facilities in the public rights-of-way existing as of the date of this chapter and who have not provided "as built" drawings shall do so no later than 60 days after the passage of this chapter, unless the person demonstrates an economic impracticality to provide such "as built" drawings in the above format. The city may waive such "as built" maps as to existing facilities for good cause.

(4) If "as built" drawings submitted under this section include information expressly designated by the person as a trade secret or other confidential proprietary information protected from disclosure by state or federal law, the Director may not disclose that information to the public without the consent of the person, unless otherwise required by an opinion of the Attorney General pursuant to the Texas Public Information Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law or as otherwise required by law. This section may not be construed to authorize a person to designate all matters as confidential or as trade secrets.

(L)

(1)

The Director shall require reasonable bonding requirements of a person, as are required of other entities that place facilities in the public rights-of-way. Such bonding amounts will be reasonably determined by the Director depending on several factors as to public safety and risk of harm to persons and property. Such factors include:

(a) The nature of the construction project (overhead, trenchless, open trench);

(b) Type of facility (gas, electric, water, telecommunications, cable, fiber);

(c) Past construction history of person in the city as to any damage claims, repairs and timeliness of construction.

(2) The city may in a non-discriminatory manner waive or reduce the amount of the bond in the event the person provides written documentation as to reserves available to compensate the city for damages and has a two year history of no claims or damages to city property by the city or of prompt payment on such claims.

(M) In determining whether any requirements under this section is unreasonable or unfeasible, the Director or his or her designee shall consider, among other things, whether the requirement would subject the person or persons to an unreasonable increase in risk or service interruption, or to an unreasonable increase in liability for accidents, or to an unreasonable delay in construction or in availability of its services or to any other unreasonable technical or economic burden.

(N) A person issued a permit pursuant to this chapter shall, at all times, employ the standard of care attendant to the risks involved to prevent actions, failures and accidents which may cause damage, injury or nuisance to persons, the public, the facilities of other persons, or to any city structures or structures owned by other persons located in the public rights-of-way. A person issued a permit pursuant to this chapter shall observe all federal and state statutes and regulations and all applicable city ordinances and safety codes. A person issued a permit pursuant to this chapter shall keep and maintain its facilities in a safe and suitable condition and in good order and repairs sufficient for its intended purpose.

(Ord. O-16-05, passed 11-15-05)

refcross

Penalty, § 155.99.