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.
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"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
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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-