Loading...
HomeMy WebLinkAboutItem 16 - Right of Way Management OrdinanceITEM # 4 EMENOW MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 'FROM: ROGER NELSON, CITY MANAGER2G MEETING DATE: APRIL 18, 2000 SUBJECT: RIGHT-OF-WAY MANAGEMENT ORDINANCE RECOMMENDATION: The City Council consider the adoption of a Right -of -Way Management Ordinance and take any necessary action. BACKGROUND: The Staff presented the draft Right -of -Way (ROW) Management Ordinance at the City Council Work Session on April 4th. The ROW Ordinance directly addresses the management and regulation of the public rights-of-way with regard to public utility and telecommunications companies. Given the major changes in the telecommunications and electricity industry, the implementation of effective measures to insure the protection and management of the city's public ROW is now critical and timely. The Staff conducted research on different ROW policies implemented successfully in Texas and in other states facing these issues. A comprehensive document was developed last fall. The Staff coordinated two meetings inviting current and interested users of the public right-of-way to discuss a variety of issues such as permitting, assignment of space, restoration, inspections, signage, etc. on September 22nd and October 20th. The companies represented at the meetings included TXU, Paragon Cable, ACSI, MCI Worldcom, GTE, SWB, and Caprock Communications. Based on the feedback received from representatives at those meetings, the Staff re-created the document using the City of Irving's ordinance as a guideline. The draft ordinance was written and modified per our legal and telecommunications consultants so that the final document comprehensively addressed ROW issues. Upon completion of the draft ROW ordinance, the Staff sent copies of it to the company representatives. The Staff met with company representatives from TXU Electric, Southwestern Bell, and GTE, Inc. to discuss the ordinance and the process for its adoption. An executive summary and the ordinance are attached for your review. April 12, 2000 (3:36PM) At the April 4 h Work Session a few concerns were raised which will be addressed in the following manner: a) Tree Preservation on Utility Easements: The Row Ordinance does by definition of "public right of way" include drainage easements. Also, the Code of Ordinances addressing Tree Preservation (Section 52 Zoning Ordinance) was recently amended to require approval from Public Works on the clearing of trees on any drainage easement. b) Emergency Work—Traffic Delays: The Public Works Department will address through standard operating policy the requirements for prompt (24 hours, or less depending on circumstances) notification of emergency work affecting traffic. c) Violations to the Ordinances: Any violations of this ordinance are punishable by fine pursuant to the existing Code of Ordinances (Chapter 1, Section 1-6). The City Attorney and Clarence West, telecommunications consultant, have reviewed the document and recommend the City Council approve the ordinance. 0Aagenda\040400\W KSHP_ROWORD April 12, 2000 (3:36PM) Right -of -Way Management Ordinance Executive Summary The Right -of -Way Management Ordinance was written in anticipation of a proliferation of utility companies competing for space in the City's Rights -of -Way due to the impending utility deregulation. It also addresses another side effect of utility deregulation, the demise of Franchise Agreements. With House Bill 1777, telecommunication companies are no longer required to have municipal consent to occupy public rights-of-way. Rules and regulations were needed effectively manage the use of public rights-of-way and easements. This ordinance insures that we maintain our police powers to manage our own public ways by requiring registration, permitting, insurance, establishing construction standards and requiring indemnification. Any utility company wishing to use a public right-of-way or easement will be required to register with the City and acquire a construction permit. The registration provides basic information on the entities placing facilities within our rights-of-way and requires proof of insurance and bonding. The permitting requires plans to be submitted and specific dates identified for the construction. Construction details are attached to the ordinance to provide uniform and adequate restoration of the rights-of-way. Signs are required in advance of and along the construction area identifying the owner, the contractor and providing telephone numbers. Traffic lane closures will be limited to certain hours to avoid unnecessary congestion or delays. Standards are established for handling of mud and storm water generated from construction sites. Other provisions of this ordinance requires as -built plans to allow the City to track the locations of utilities in public rights-of-way, requires the utility to relocate their facilities for public works projects, requires aerial utilities to assist in the moving of houses or bulky structures through the City and requires the prompt removal of any tree trimmings. Certain standards are set to determine if facilities are improperly installed. The utilities are generally given five working days to restore their construction site after work is complete. The site must be restored to a condition at least as good as it was prior to construction. Trenches must be leveled and any ground cover, shrubs or sprinkler systems must be repaired or replaced. At the request of the utility companies, this ordinance was patterned after an ordinance adopted by the City of Irving. It incorporates some aspects of a draft ordinance prepared for a coalition of cities of which Grapevine is a member. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 20 STREETS, SIDEWALKS, PUBLIC WAYS OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS; AND ADOPTING THIS ORDINANCE AS ARTICLE IV "MANAGEMENT OF PUBLIC RIGHTS-OF-WAY", IN ORDER TO ADMINISTER AND REGULATE THE USE OF PUBLIC RIGHTS -OF WAY IN THE PUBLIC INTEREST, HEALTH, SAFETY AND WELFARE; PROVIDING FOR THE ISSUANCE AND REGULATION OF CONSTRUCTION PERMITS; PROVIDING A SEVERABILITY CLAUSE; AND THEREBY ADOPTING STANDARDS FOR MANAGEMENT OF PUBLIC RIGHTS-OF-WAY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine Director of Public Works has reviewed the policies of the City of Grapevine (the "City") regarding management of Public Rights -of - Way within the jurisdiction of the City and has determined that said policies are insufficient to protect the health, safety and welfare of the citizens of the City; and, WHEREAS, in accordance with applicable federal, including, but not limited to, 47 U.S.C., Section 253(c) and state laws, including, but not limited to, Texas Utility Code, Section 14.008 and Section 54.205, Texas Civil Statutes, Article 1175(2) and the Local Government Code, Section 283.056, the City seeks to exercise its historical rights to control and manage its Public Rights -of -Way in a competitively neutral and nondiscriminatory basis; and implement certain police power regulations in the use of those Public Rights -of -Way; and WHEREAS, establishing a permitting process to improve coordination of work in Public Rights -of -Way under City jurisdiction will ease traffic congestion and limit inconvenience to citizens of and visitors to the City; and WHEREAS, the permitting process is necessary to enhance the public's access to information about construction in Public Rights -of -Way, and to protect and preserve the valuable investment of the City's taxpayers in the construction and maintenance of the Public Rights -of -Way; and WHEREAS, the permitting process is necessary to minimize the impact of construction on neighborhood residents and businesses by enforcing cleanliness and safety standards for construction sites, imposing strict timelines for construction, and requiring Owners to install finished pavement with a uniform visual appearance and uniform structural integrity; and WHEREAS, the permitting process is necessary to allow the City to properly enforce violations of this Ordinance by the imposition of civil, criminal, or administrative penalties; and WHEREAS, in an effort to minimize disruption caused by Construction in Rights - of -Way, the City may create an Advisory Utility Coordination Committee that will be responsible for planning and coordinating Construction or excavation in Public Rights - of -Way; and WHEREAS, the permitting process is necessary to conserve the limited physical capacity of the Public Rights -of -Way held in public trust by the City; and WHEREAS, the permitting process is necessary to preserve the physical integrity of the streets and highways; and WHEREAS, the permitting process will assist in keeping track of the different entities using the Rights -of -Way to prevent interference between them; and WHEREAS, the permitting process will protect the safety, security, appearance, and condition of the Public Rights -of -Way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 20 Streets, Sidewalks, Public Ways of the City Code of Ordinances is hereby amended by deleting Sections 20-8, 20-9, 20-10, 20-11 and 20- 24 in their entirety and renumbering Article I in its entirety. Section 2. That Chapter 20 Streets, Sidewalks, Public Ways of the City Code of Ordinances is hereby amended by the addition of a new Article IV Management of Public Rights -of -Way to read as follows: "Article IV Management of Public Rights -of -Way Sec. 20-55 Definitions. For the purpose of this chapter, the following words shall be defined hereinbelow: "Certificated Telecommunications Provider" shall mean the same as in Local Government Code, Section 283.002(2) [any entity that has been granted a certificate from the Public Utility Commission of Texas under Chapter 54 of the Texas Utility Code authorizing that entity to provide local exchange telephone service]. "City" shall mean the City of Grapevine or the designated agent of the City. ORD. NO. -2- "Construction" shall mean any work above the surface, on the surface or beneath the surface of a Public Right -of -Way, including, but not limited to, installing, servicing, repairing or modifying any Facility(s) in, above or under the surface of the Public Right -of -Way, and restoring the surface and subsurface of the Public Right -of -Way, subject to the provisions of Section 20-57(b)(3). "Construction Performance Bond" means any of the following forms of Security provided at the Owner's option: (a) Individual project bond (b) Cash deposit (c) Security of a form listed or approved under State of Texas Statutes (d) Letter of Credit, in a form acceptable by City "Construction Permit" shall mean the permit which, pursuant to this Ordinance, must be obtained before an Owner may construct in a Right -of -Way. A Construction Permit allows the holder to construct Facilities in that part of the Right -of -Way described in such permit. "Department" shall mean the Department of Public Works of the City. "Director' shall mean the Director of the Department of Public Works of the City or his or her designee. "Emergency" means a condition that the City, Director or Department determines (1) poses a clear and immediate danger to life or health, or an immediate and significant loss of property; or (2) requires immediate repair or replacement of Facilities in order to restore service to a customer. "Facility" or "Facilities" shall include, but not be limited to, any and all cables, pipelines, splice boxes, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an Owner or Owners, that are located or are proposed to be located in the Public Right -of -Way. "Municipal Authorization" shall mean the individual grant to use the Public Rights - of -Way issued by the City and accepted by the individual Owners in accordance with Ordinance No. 99-30 of the City of Grapevine, Texas, as amended. "Owner" shall mean any Person who owns any Facility or Facilities that are or are proposed to be installed or maintained in the Public Right -of Way. Included within this definition is the Owner's contractor, subcontractor, agent or authorized representative. -3- "Permit" or "Permit to Construct" shall mean a Permit to perform Construction in accordance with this ordinance. "Person" shall mean any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, excluding the City, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. "Public Rights -of -Way" means the same as in Local Government Code Section 283.002(6). "Restore" or "Restoration" means the process by which a Right -of -Way is returned to a condition that is equal to or better than the condition that existed before Construction. Sec. 20-56 Right -of -Way Occupancy, Any person, except a Certificated Telecommunications Provider, prior to constructing facilities in, on or over the Public Rights -of -Way, must obtain separate municipal authorization from the City. Any Person with a current, unexpired Franchise, Municipal Authorization, License or other authorization from the City (Grant) to use the Public Right -of -Way that is in effect at the time this Ordinance takes effect shall continue to operate under and comply with that Grant until the Grant expires or until it is terminated by mutual agreement of the City and the Person, or is terminated as otherwise provided for in law. Sec. 20-57 Registration and Construction Permits. (a) Registration. In order to protect the public health, safety and welfare, all Owners of Facilities in the Right -of -Way will register with the City of Grapevine. Registration and Permits will be issued in the name of the Person who will own the Facilities. When any information provided for the registration changes, the Owner will inform the City of Grapevine of the change no more than thirty (30) days after the date the change is made. Registration shall include: (1) The name of the Owner; (2) The names, addresses and telephone numbers of the contact person(s) for the Owner; ORD. NO. -4- (3) The names, addresses and telephone numbers of any contractor or subcontractor, if known, who will be working in the Right -of -Way on behalf of the Owner; (4) The name(s) and telephone number of an emergency contact who shall be available twenty-four (24) hours a day; (5) Proof of Insurance and Bonds. a. An Owner must provide acceptable proof of insurance in the total amount required by Section 20-66, Insurance Requirements for Permits for Construction Within Public Rights -of -Way, or make other provisions acceptable to the Director 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 (30) days before canceling, failing to renew, or reducing policy limits. d. The Owner 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. Owner shall file an annual surety bond, which will be valid for one full year, from a surety company authorized to do business in the State of Texas in the amount equal to the estimated amount of the cost to Restore the Right -of -Way for the work anticipated to be done in that year, in the event the Owner leaves a job site in the Right -of -Way unfinished, incomplete or unsafe, or make other provisions, in lieu of a bond, as acceptable to the Director or his/her designee. f. Owner shall file a Maintenance Bond for twenty-five (25%) percent of the cost of Restoring the Right -of -Way for the preceding year. Said bond shall be in force for two (2) years. 9. The above requirements may be met by utilities with a current franchise, license or Municipal Authorization if their current franchise, license or Municipal Authorization adequately provides for insurance or bonds or provides an indemnity in favor of the City. h. The above requirements may be waived by the Director if the Owner submits documentation, in a form acceptable to the City Attorney, that demonstrates the Owner has assets in excess of twenty million dollars. (b) Construction Permits. (1) No Owner 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 Facilities to be constructed. The Permit must be completed and signed by a representative of the Owner of the Facilities to be constructed. (2) Emergency responses related to existing Facilities may be undertaken without first obtaining a Permit; however the Department shall be notified in writing within two (2) business days of any Construction related to an emergency response; including a reasonably detailed description of the work performed in the Right -of -Way. An updated map of any Facilities that were relocated, if applicable, shall be provided within 90 days. (3) The phrase "Construction or installation of Facilities" does not include the installation of Facilities necessary to initiate service to a customer's property, or repair or maintenance of existing Facilities unless such repair or maintenance requires the breaking of pavement, excavation or boring. The closure of traffic lanes or sidewalks during peak traffic periods between 7:00 AM to 9:00 AM, and 4:30 PM to 6:30 PM on weekdays or for more than two hours during any non -peak traffic period shall also require a Permit. (4) The Permit shall state to whom it is issued, location of work, location of Facilities, dates and times work is to take place and any other conditions set out by the Director or his/her designee. If the Owner fails to act upon any Permit within 90 calendar days of issuance, the Permit shall become invalid, and the Owner will be required to obtain another Permit. (5) The person requesting a Permit will provide the Director or his/her designee with documentation in the format specified by the Department, at the time of Permit submittal, describing: ORD. NO. a. The proposed location and route of all Facilities to be constructed or installed and the Owner's plan for Right -of - Way Construction. b. Engineering plans, which will be on a reasonable scale, acceptable to the Department. C. Detail of the location of all Right -of -Way that Owner plans to use. d. Detail of all existing City utilities in relationship to Owner's proposed route. e. Detail of what Owner proposes to install, such as pipe size, number of ducts, valves, etc. f. Detail of plans to remove and replace asphalt or concrete in streets in accordance with Exhibit "A", Standard Specifications and Details for Restoration within Public Rights -of -Way. g. Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc. including depth located in Public Right -of -Way. h. Typical details of manholes and/or handholes Owner plans to use or access. Complete legend of drawings submitted by Owner. Five (5) sets of engineering plans must be submitted with Permit application. k. 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. Such information shall be required prior to the commencement of any work. I. The construction and installation methods to be employed for the protection of existing structures, fixtures, and Facilities within or adjacent to the Right -of -Way, and the dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the Director or his/her designee. ORD. NO. -7- M. A statement that the requirements of Section 20-57(a)(5) are met. (6) All Construction and installation in the Right -of -Way shall be in accordance with the Permit for the Facilities. The Director or his/her designee shall be provided access to the work and to such further information as he or she may reasonably require to ensure compliance with the Permit. (7) 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 or his/her designee at all times when Construction or installation work is occurring. (8) All Construction or installation work authorized by Permit must be completed in the time specified in the Construction Permit. If the work cannot be completed in the specified time periods, the Owner may request an extension from the Director or his/her designee. The Director or his/her designee will use his/her best efforts to approve or disapprove a request for Permit as soon as possible. If the request for the extension is made prior to the expiration of the permit, work may continue while the request is pending. (9) 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 of Grapevine shall be provided, if requested by the Department. (10) A request for a Permit must be submitted at least five (5) working days before the proposed commencement of work identified in the request, unless waived by the Director or his/her designee. (11) Requests for Permits will be approved or disapproved by the Director or his/her designee within a reasonable time of receiving all the necessary information. The Director or his/her designee will use his/her best efforts to approve or disapprove a request for Permit as soon as possible. (12) The Department or the Owner can request a pre -construction meeting with the construction contractor. Sec. 20-58 Construction Standards. (a) The Department must be notified twenty-four (24) hours in advance that Construction is ready to proceed by either the Owner, their contractor or representative. At the time of notification, the Owner will inform the ORD. NO. a • Department of the number (or other information) assigned from the appropriate one -call notification center. "Notification center" means the same as in Texas Civil Statutes, Article 9033, or its successor. (b) All Construction shall be in conformance with all City codes and applicable local, state and federal laws. (c) Three by three (3 x 3) feet informational signs stating the identity of the person doing the work, telephone number and Owner's identity and telephone number shall be placed at the location where Construction is to occur forty-eight (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. An informational sign will be posted on Public Right -of -Way one hundred (100) feet before the Construction location commences and each three hundred (300) feet thereafter, unless other posting arrangements are approved or required by the Director. (d) Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins. (e) Lane closures on major thoroughfares will be limited to between 9:00 a.m. and 4:30 p.m. unless the Director grants prior approval. Arrow boards will be required for lane closures on all arterials and collectors, with all barricades, advanced warning signs and thirty-six (36) inch reflector cones placed according to the Texas Manual on Uniform Traffic Control Devices. (f) Without affecting the legal relationship between the Owner and their contractor, Owners are responsible for the workmanship of, and any damages by, their contractors or subcontractors. A responsible representative of the Owner will be available to the Department at all times during construction. (g) Owner shall be responsible for storm water management, erosion control and excavation safety measures that comply 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. Upon request Owner may be required to furnish documentation submitted or received from federal or state government. (h) Owner or contractor or subcontractor will notify the Department immediately of any damage to other utilities, either city or privately owned. IBM (i) It is the City's policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior approval must be obtained from the Department and all requirements of the Department shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic, and shall be in accordance with Exhibit "A", Standard Specifications and Details for Restoration within Public Rights -of -Way. (j) Installation of Facilities must not interfere with City utilities, in particular gravity dependent facilities. Facilities shall not be located over, or within two (2) feet, horizontally or vertically, of any water or sanitary sewer mains, unless approved by the Director. (k) New Facilities must be installed to a depth approved by the Department. (1) All directional boring shall have a locator place bore marks and depths while the bore is in progress. Locator shall place mark at each stem with paint dot and depth at least every other stem. (m) The working hours in the Rights -of -Way are 7:00 a.m. to 7:00 p.m., Monday through Saturday. Work that needs to be performed after 7:00 p.m. Monday through Saturday must be approved in advance by the Department. No work will be done, except for emergencies, on City holidays. Lane closures on collectors and arterials will not be allowed between 7:00 AM and 9:00 AM, and between 4:30 PM and 6:30 PM on weekdays or for more than two hours during any non -peak traffic period, unless otherwise approved by the Director. (n) Persons working in the Right -of -Way are responsible for obtaining line locates from all affected utilities or others with Facilities in the Right - of -Way prior to any excavation. Use of a Geographic Information System or the plans of records does not satisfy this requirement. (o) Owner will be responsible for verifying the location, both horizontal and vertical, of all Facilities. When required by the Department, Owner shall verify locations by pot holing, hand digging or other method approved by the Department prior to any excavation or boring. (p) Placement of all manholes and/or hand holes must be approved in advance by the Department. Handholes or manholes will not be located in sidewalks, unless approved by the Director. (q) Locate flags shall not be removed from a location while Facilities are being constructed. ORD. NO. (r) When Construction requires pumping of water or mud the water or mud shall be contained in accordance with City of Grapevine ordinances and federal and state law and the directives of the Department. (s) A Person may be required to place certain Facilities within the Public Rights -of -Way underground according to applicable City requirements absent a compelling demonstration by the Person that, in any specific instance, this requirement is not reasonable, not feasible or it is not equally applicable to other similar users of the Public. Rights -of -Way. (t) A Person shall perform operations, 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 requirements of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the City by the Person. 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. A Person shall follow all reasonable construction directions given by the City in order to minimize any such interference. Sec. 20-59 As -Built Plans. (a) Right -of -Way users will provide the Director or his/her designee with "as -built plans" within ninety (90) days of completion of Facilities in the Right -of -Way. The plans shall be provided to the City with as much detail and accuracy as required by the Director. All the requirements specified for the plans submitted for the initial Permit, as set forth in Section 20-57(b)(5), shall be submitted and updated in the "as -built plans". The detail and accuracy will concern issues such as location, size of Facilities, materials used, and any other health, safety and welfare concerns. The detail will not include matters such as capacity of lines, customers, or competitively sensitive details. Submittal of "as -built plans" shall be in digital format but shall include one set of plans in a paper format. (b) This requirement, or portions of this requirement, may be waived by the Director of Public Works for good cause. Sec. 20-60 Conformance with Public Improvements. (a) Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other public works projects, (e.g. install or improve storm drains, water lines, sewer lines, etc.) it shall be deemed -11- necessary by the governing body of the City to remove, alter, change, adapt, or conform the underground or overhead facilities of an Owner to another part of the Right -of -Way, such alterations shall be made by the Owner of the Facilities at their expense (unless provided otherwise by state law , a franchise, a license or a Municipal Authorization until that grant expires or is otherwise terminated) within the time limits set by the Director or his/her designee working in conjunction with the Owner of the Facilities, or if no time frame can be agreed upon, within ninety (90) days from the day the notice was sent to make the alterations, unless a different schedule has been approved by the Director or his/her designee. Facilities not moved after ninety (90) days or within the approved schedule, as same may be extended from time to time, shall be deemed abandoned after thirty (30) days notice, and any costs incurred in moving or removing said Facilities shall be borne by the Owner. (b) An Owner may trim trees in or over the Public Rights -of -Way for the safe and reliable operation, use and maintenance of its Facilities. All tree trimming shall be performed in accordance with standards promulgated by the National Arborist Association and the International Society of Arborculture. Should the Owner, its contractor or agent, fail to remove such trimmings within twenty-four (24) hours, the City may remove the trimmings or have them removed, and upon receipt of a bill from the City, the Owner shall promptly reimburse the City for all costs incurred within thirty (30) calendar days. (c) An Owner shall temporarily remove, raise or lower its aerial Facilities to permit the moving of houses or other bulky structures. The Owner shall temporarily remove, raise or lower its aerial Facilities within five (5) working days of receiving a copy of a permit issued by the City. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefiting from the temporary rearrangements. The Owner may require prepayment or prior posting of a bond from the party requesting the temporary move. Sec. 20-61 Improperly Installed Facilities. (a) Any Owner doing work in the City Right -of -Way shall properly install, repair, upgrade and maintain Facilities. (b) Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if: (1) The installation, repair, upgrade or maintenance endangers people or property, (2) The Facilities do not meet the applicable City codes, ORD. NO, (3) The Facilities are not capable of being located using standard practices; (4) The Facilities are not located in the proper place at the time of construction in accordance with the directions provided by the Department or the plans approved by the Department. Sec. 20-62 Restoration of Property. (a) Owners shall Restore property affected by Construction of Facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved by the Department. (b) Restoration must be made within five (5) working days of completion of trench backfill for a length of three hundred (300) feet, or within the limits of one city block, unless otherwise approved by the Director or his/her designee. If Restoration is not satisfactory and performed in a timely manner, after written notice, then all work in progress, except that related to the problem, including all work previously permitted but not complete may be halted and a hold may be placed on any future Permits until all Restoration is complete. (c) Upon failure of an Owner to perform such Restoration, and five (5) days after written notice has been given to the Owner by the City, and in the event Restoration has 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 Owner, its contractors or agents. Upon receipt of an invoice from the City, the Owner will reimburse the City for the costs so incurred within thirty (30) calendar days from the date of the City invoice. (d) If the City determines that the failure of an Owner 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. An Owner shall promptly reimburse the City for all costs incurred by the City within thirty (30) calendar days from the date of the City invoice. (e) Should the City reasonably determine, within two (2) years from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional Restoration work to meet existing standards of the City, an Owner shall perform such additional Restoration work to the satisfaction of the City, subject to all City remedies as provided herein. -13- (f) Restoration must be to the reasonable satisfaction of the Department. The Restoration shall include, but not be limited to: (1) Replacing all ground cover with the type of ground cover damaged during work to a condition equal to or better either by sodding or seeding, or as directed by the Department; (2) Installation of all manholes and handholes, as required; (3) Backfilling all bore pits, potholes, trenches or any other holes shall be completed daily, unless other safety requirements are approved by the Department. Holes with only vertical walls shall be covered and secured to prevent entry by children. If bore pits, trenches or other holes are left open for the continuation of work, they shall be fenced and barricaded as approved by the Department; (4) Leveling of all trenches and backhoe lines; (5) Restoration of excavation site to City specifications; (6) Restoration of all landscaping, ground cover, and sprinkler systems. (g) All locate flags shall be removed during the clean up progress by the Owner or his/her contractor at the completion of the work. Sec. 20-63 Revocation or Denial of Permit. If any of the provisions of this ordinance are not followed, a Permit may be revoked by the 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. Sec. 20-64 Appeal From Denial or Revocation of Permit. Appeal from denial or revocation of Permit or from the decision of the Director shall be to the City Council. Appeal shall be filed with the City Secretary within fifteen (15) days from the date of the decision being appealed. Sec. 20-65 Indemnity. (a) Except as to Certificated Telecommunications Providers, each Owner placing Facilities in the Public Rights -of -Way shall agree to promptly defend, ORD. NO. -14- indemnify and hold the City harmless from and against all damages, costs, losses or expenses (i) for the repair, replacement, or Restoration of City's property, equipment, materials, structures and Facilities which are damaged, destroyed or found to be defective as a result of the Owner's acts or omissions, (ii) from and against any and all claims, demands, suits, causes of action, and judgements for (a) damage to or loss of the property of any Owner (including, but not limited to the Owner, its agents, officers, employees and subcontractors, City's agents, 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 Owner (including, but not limited to the agents) arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the Owner, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this Ordinance. (b) This indemnity provision shall not apply to any liability resulting from the negligence of the City, its officers, employees, agents, contractors, or subcontractors. (c) The provisions of this indemnity are solely for the benefit of the City and is not intended to create or grant any rights, contractual or otherwise, to any other Owner or entity. Sec. 20-66 Insurance Requirements. 1. INSURANCE Except as otherwise specified, the Contractor and his subcontractors (of any tier) will be required at their own expense to maintain in effect at all times during the performance of the work, insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City of Grapevine. It shall be the responsibility of the Contractor to insure that he and his subcontractors are adequately insured at all times. Failure of the Contractor and his subcontractors to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. 2. CERTIFICATES OF INSURANCE Prior to commencing work at the job site, the Contractor shall furnish the City of Grapevine with certificates of insurance as evidence that both the Contractor and subcontractor have the policies providing the required coverages and limits of insurance are in full force and effect. The certificates of insurance shall state the City as an additional insured where applicable. The certificates shall provide that any company issuing an insurance policy under this contract shall provide not less than 30 -days advance notice in writing of cancellation, non -renewal, or material change in the policy of insurance. In addition, the Contractor shall immediately provide written notice to the City of Grapevine upon receipt of notice of cancellation of an insurance policy or a decision to terminate or alter any insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied including certification that the policies are of the "occurrence" type. Certificates of insurance for Contractors and subcontractor furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to Risk Management, City of Grapevine, P.O. Box 95104, Grapevine, Texas 76099. 3, COMPREHENSIVE GENERAL LIABILITY This insurance shall be an occurrence type policy written in comprehensive form and shall protect the Contractor and his subcontractors and the additional insureds against all claims arising from bodily injury, sickness, disease or death of any person other than the Contractor's employees or damage to property of the City of Grapevine or others arising out of the act of omission of the Contractor or his subcontractors or their agents or employees or subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, a (protective liability) endorsement to insure the contractual liability assumed by the Contractor and his subcontractors under the article entitled indemnification and completed operations, products liability, contractual liability, broad form property coverage, xcu, premises/operations, and independent contractors. Bodily Injury $1,000,000 per occurrence Property Damage $2,000,000 aggregate 4. COMPREHENSIVE AUTOMOBILE LIABILITY This insurance shall be written in the comprehensive form and shall protect the Contractor and his subcontractors and the additional insured against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on and off the site of all motor vehicles licensed for highway use, whether they are owned, non -owned, or hired. The liability shall not be less than: Bodily Injury Property Damage $1,000,000 Combined Single Limit 5. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY This insurance shall protect the Contractor and his subcontractors and the additional insurers against all claims under applicable state workers' compensation laws. The insured shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers' compensation law. This policy shall include an all -states endorsement. The liability limits shall not be less than: ORD. NO. Workers' Compensation Statutory Employers' Liability - $500,000 Each Accident Disease policy limit - $500,000 Disease - Each Employee Refer to Rule 28 TAC 110.110 relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES found in Appendix "D"." Section 3. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, due to state legislation, have become inadequate to control Right -of -Way management within the corporate limits of the City of Grapevine, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Grapevine. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE TEXAS on this the 18th day of April, 2000. ATTEST: ATTEST: APPROVED AS TO FORM: ORD. NO. -18-