Ordinance 2001-54
ORDINANCE NO. 170() I - 6~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A
COMPREHENSIVE RIGHT-OF-WAY MANAGEMENT ORDINANCE GOVERNING
ANY AND ALL CONSTRUCTION OCCURRING WITHIN THE PUBLIC RIGHTS-OF-
WAY IN THE CITY OF WYLIE; PROVIDING FOR A PENALTY NOT TO EXCEED
$2,000 PER DAY FOR EACH OFFENSE; AND PROVIDING A REPEALER CLAUSE,
A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Wylie, Texas ("City") is charged with maintaining control
of and access to the Public Right-of-Way in order to protect the health, safety and
welfare of its citizens; and
WHEREAS, Excavations in City Streets may significantly interfere with public use
of the Streets and result in negative impact in air quality, loss of parking, and in a loss of
business to merchants; and
WHEREAS, Excavations in paved Streets may significantly degrade and shorten
the life of the surface of the Streets and increase the frequency and cost to the public of
requisite resurfacing, maintenance and repair, regardless of the quality of restoration;
and
WHEREAS, It is desirable to adopt regulations that will provide the City greater
control over Excavations in City Streets; and
WHEREAS, Substantial public funds have been invested to build, maintain and
repair the City Streets and the City holds these Streets as an asset in trust for its
citizens. It is desirable to adopt regulations to protect the structural integrity of City
Streets and safeguard the value of the public investment for the benefit of City
residents, by providing incentives to reduce the number of Excavations in City Streets.
Such incentives will encourage coordination among Utilities and minimize the number of
Excavations where feasible, so as to ensure Excavations are performed to the extent
possible, in Streets scheduled for resurfacing within the same or succeeding fiscal year
as the Excavation; and
WHEREAS, When a repair fails in a paved Street that is not scheduled for
resurfacing within the same or succeeding fiscal year, the Excavator should be required
to make repairs necessary for proper use and appearance of the street. Excavations
and faulty repairs cause the greatest damage in newly surfaced Streets; and
WHEREAS, Entities making and benefiting from an Excavation in a City street
also should comply with standards and requirements for compaction, backfill and
pavement restoration and resurfacing that ensures the best possible restoration of the
paved surface over and adjacent to the trench; and
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WHEREAS, Regulation of Excavations in City Streets helps reduce disruption of. .
and interference with public use of the Streets, helps prevent pavement damage, helps
maintain the safe condition of the Streets, protects the public health, safety and welfare,
is a valid and appropriate exercise of the City's police power, and is a municipal
responsibility; and
WHEREAS, the City Council finds there is increasing demand for use of the
Right-of-Way; and
WHEREAS, Section 283 of the Texas local Government Code (the "Act"), sets
forth certain regulations governing municipalities and Certificated Telecommunications
Providers ("CTP"). It is the City's intent to comply with these regulations; and
WHEREAS, the purpose of the Act is to establish a uniform method of
compensation for the use of Public Right-of-Way by CTPs that is fair and reasonable,
administratively simple, competitively neutral (relative to all CTP's), nondiscriminatory,
and consistent relative to the municipalities and CTPs; and
WHEREAS, this Ordinance promotes compliance with the Texas Utilities Code;
and
WHEREAS, the City Council of the City of Wylie adopted regulations governing
street reconstruction occurring within the City's Rights-of-Way, and such Ordinance was
codified as Chapter 102, Streets, Sidewalks and Other Public Places, of the Code of
Ordinances of the City of Wylie ("Current Ordinance"); and
WHEREAS, in an effort to cooperate with and meet the needs of the entities that
will be affected by this ordinance, City Staff allowed the various entities to participate in
the drafting of the ordinance through holding a meeting to review and comment on the
provisions of the ordinance and allowing written comments and suggestions to be
submitted; and
WHEREAS, the Current Ordinance contains no provIsions for Right-of-Way
management, a!1d taking into consideration the comments and suggestions made by
the entities, City Staff has created a new and comprehensive Right-of-Way
management ordinance that will accommodate the entities' need to use the Public
Rights-of-Way to provide services to the public while allowing the City: to insure that the
public safety is maintained and that public inconvenience is minimized; to protect the
City's infrastructure investment; to facilitate work within the Public Rights-of-Way; and to
fairly and responsibly protect the public health, safety, and welfare; and
WHEREAS, the City Council finds it is in the best interest of the City of Wylie and
its citizens to adopt a comprehensive Right-of-Way management ordinance; and
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WHEREAS, the City Council finds that all legal notices, hearings, procedures..
and publishing requirements have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, THAT:
Section l. The proposed right-of-way management ordinance be entitled
URight-of-Way Management Ordinance" and to read in its entirety as follows:.
RIGHT-OF-WAY MANAGEMENT ORDINANCE
Sec. 1-1. Title.
This Article shall be known and cited as the Right-of-Way Management
Ordinance for the City of Wylie, Texas.
Sec. 1-2.
Findings Incorporated.
The findings set forth above are incorporated into the body of this Ordinance as
if fully set forth herein.
Sec. 1-3.
Scope
This Article shall be effective within the geographical limits of the City, including
any areas subsequently annexed by the City.
Sec. 1-4.' Purpose; objectives; applicability.
A. Purpose. The City Council hereby declares that its purpose in enacting this
Ordinance is to protect the health, safety and welfare of the public in connection with the
use of City streets. This Ordinance provides principles, procedures and mechanisms
for the placement of Structures and Facilities, construction, excavation, encroachments,
and work activities within or upon any Public Right-of-Way and to protect the integrity of
the road and City utility system. This Ordinance does not grant any specific authority for
occupation of the Rights-of-Way. To achieve these purposes, it is necessary to require
permits of private users of the Public Rights-of-Way and to establish permit procedures,
rules, and regulations for work done within or upon the Public Rights-of-Way.
B. Obiectives.
Public and private uses of Public Rights-of-Way for location of Facilities
employed in the provision of public services should, in the interests of the general
welfare, be accommodated; however, the City of Wylie must insure that the primary
purpose of the Rights-of-Way, safe passage of pedestrian and vehicular traffic, is
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maintained to the greatest extent possible. In addition, the' value of other public and' ;
private installations, roadways, the City utility system, Facilities and properties should
be protected, competing uses must be reconciled, and the public safety preserved. The
use of the Public Rights-of-Way by Persons, Agencies, and Public Infrastructure
Contractors is secondary to these public objectives and the movement of traffic. This
Ordinance is intended to strike a balance between the public need for efficient, safe
transportation routes and the use of Public Rights-of-Way for location of Facilities by
public and private entities. The Ordinance thus has several objectives:
1 . To insure that the public safety is maintained and that public
inconvenience is minimized by reducing disruption of and interference with
the public use of streets.
2. To protect the City's infrastructure investment by establishing repair
standards for the pavement, Facilities, and property in the Public Rights-
of-Way when work is accomplished.
3. To facilitate work within the Public Rights-of-Way through the
standardization of regulations.
4. To maintain an efficient permit process.
5. To conserve and fairly apportion the limited physical capacity of the Public
Rights-of-Way held in public trust by the City.
6. To establish a public policy for enabling the City to discharge its public
trust consistent with the rapidly evolving federal and state regulatory
policies, industry competition, and technological development.
7. To promote cooperation among the Agencies and Public Infrastructure
Contractors and the City in the occupation of the Public Rights-of-Way,
and work therein, in order to (i) eliminate duplication that is wasteful,
unnecessary or unsightly, (ii) lower the Agencies', Public Infrastructure
Contractors' and the City's costs of providing services to the public, and
(iii) preserve the physical integrity of the streets and highways by
minimizing street cuts.
8. To assure that the City can continue to fairly and responsibly protect the
public health, safety, and welfare.
C. Applicability.
1. The requirements of this Ordinance apply to all Persons, Agencies, Public
Infrastructure Contractors and private users of the Public Rights-of-Way
except:
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2.
Sec. 1-5.
(a)
Persons, Agencies, or Public Infrastructure Contractors conducting. .
projects for Single-Family and Two-Family Residence zoned
properties. All permits for these properties will be issued through
the City's Building Inspection Department.
(b)
New residential service connections that are permitted through the
Building Inspection Department of the City of Wylie as provided in
Section 1-1 O(A)( 4) below.
Any permit issued prior to the effective date of this Ordinance, will remain
subject to the terms and conditions of City ordinances and requirements in
effect at the time of issuance of the permit and is not affected by this
Ordinance, except that, upon expiration or conclusion of the permit, a new
or renewal permit must be obtained in accordance with this Ordinance.
Definitions.
A.
AGENCY means any Person (including franchised or licensed person), or
certificated telecommunications provider. "Agency" includes all contractors
and sub-contractors hired or retained to do construction for an Agency.
B.
BACKFILL means the restoration of excavated material.
C.
CERTIFICATED TELECOMMUNICATIONS PROVIDER (CTP) means a
person who has been issued a certificate of convenience and necessity,
certificate of operating authority, or service provider certificate of operating
authority by the Public Utility Commission of Texas to offer local exchange
telephone service.
D.
CITY means the City of Wylie, Texas. As used throughout, the term City
also includes the designated agent of the City.
E.
CITY ENGINEER means the City Engineer of the City or his designee(s).
F.
CITY MANAGER means the City Manager of the City or his designee(s).
G.
CLOSURE means a complete or partial closing of one or more lanes of
traffic of a Major Thoroughfare and the complete closure of any other type
street.
H.
COMPACTION means 95% of maximum density with a moisture content
of -2% to +4% of optimum under paved surfaces and 90% of maximum
density with a moisture content of -2% to +4% of optimum outside of
paved surfaces.
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I. CONSTRUCTION means excavation, installation of Facilities, boring or. '
jacking of utilities, restoration of pavement cuts, or other work by an
Agency or Public Infrastructure Contractor in a Public Right-of-Way.
J. DUCT or CONDUIT means a single enclosed raceway for cables, fiber
optics, or other wires. "Duct" or "Conduit" shall not include the
maintenance duct associated with a conduit that is reserved for use in
replacing damaged cable or for rerouting purposes.
K. EMERGENCY means any event that may threaten public health or safety,
including, but not limited to, damaged or leaking water or gas conduit
systems, damaged, plugged, or leaking sewer or storm drain conduit
systems, damaged Facilities, downed aerial Facilities, service outages
whether to one customer or an area of the City, or other events where
citizen(s) are out of service or in imminent danger of being out of service.
L. EROSION CONTROL means compliance with the design and construction
standards adopted by the City of Wylie, as amended.
M. EXCAVATE or EXCAVATION means any activity that removes,
penetrates or otherwise disturbs any part of a Public Right-of-Way.
N. FACILITIES means the plant, equipment, and property, including, but not
limited to, lines, poles, mains, pipes, conduits, ducts, cables and wires
located under, on or above the surface of the ground within the Public
Right-of-Way and valves, and related facilities and equipment used or
useful for the provision of utility services.
O. LOCAL EXCHANGE TELEPHONE SERVICE means telecommunications
service provided within an exchange to establish connections between
customer premises within the exchange, including connections between a
customer premises and a long distance provider serving the exchange.
The term includes tone dialing service, service connection charges, and
directory assistance services offered in connection with basic local
telecommunications service and interconnection with other service
providers. The terms does not include the following services, whether
offered on an intraexchange or interexchange basis:
(1) Central office based PBX-type services for system of 75 stations or
more;
(2) Billing and collection services;
(3) High-speed private line services of 1.544 megabits or greater;
(4) Customized services;
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Sec. 1-6.
(5) Private line or virtual private line services;
(6) Resold or shared local exchange telephone services if permitted by
tariff;
(7) Dark fiber services;
(8) Non-voice data transmission service offered as a separate service
and not as a component of basic local telecommunications service;
(9) Dedicated or virtually dedicated access services; or
(10) Any other service the Public Utility Commission determines is not a
"local exchange telephone service."
P.
MAJOR THOROUGHFARE means any Thoroughfare as shown on the
City of Wylie Thoroughfare Plan, as amended.
Q.
PAVEMENT CUT means a cut made into the paved surface of a public
street, alley, curb, sidewalk, or public easement.
R.
PERSON means a natural person (an individual), corporation, company, .
cooperative, association, partnership, firm, limited liability company, joint
venture, joint stock company or association, and other such entity who
owns or controls Facilities.
S.
PUBLIC INFRASTRUCTURE CONTRACTOR means a person hired or
retained to do construction of Facilities that will be maintained by the City.
"Public Infrastructure Contractor" includes all sub-contractors.
T.
PUBLIC RIGHT(S)-OF-WAY means the surface of, and the space above
and below a public street, road, highway, freeway, land, path, public way
or place, alley, court, boulevard, parkway, drive, or other easement now or
hereafter held by or under the control of the City to which the City holds
the property rights in regard to the use for utilities. The term does not
include the airwaves above a public right-of-way with regard to wireless
telecommunications. The term is synonymous with "street," "public way,"
and "right(s)-of-way."
U.
THOROUGHFARE means any public traffic artery, major street,
secondary street or alley.
City engineers authority; enforcement; violations.
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A. City Enaineer's Authority. The City Engineer or his/her designee is authorized to' '
administer and enforce the provisions of this Ordinance and to promulgate
regulations, including but not limited to, engineering, technical, and other special
criteria and standards to aid in the administration and enforcement of this
Ordinance that are not in conflict with this Ordinance, the Code of Ordinances of
the City, or state or federal law.
B. Enforcement. The City Engineer or his/her designee is authorized to enter upon
a construction site for which a permit is granted or required under this Ordinance
or, where necessary, upon private property adjacent to the construction site for
purposes of inspection to determine compliance with the permit or this
Ordinance.
C. Violations. A Person, Agency, or Public Infrastructure Contractor commits an
offense if he:
1. Performs, authorizes, directs, or supervises construction without a valid
permit issued under this Ordinance;
2. Violates any provision of this Ordinance;
3. Fails to comply with restrictions or requirements of a permit issued
pursuant to this Ordinance; or
4. Fails to comply with an order or regulation of the City Engineer issued
pursuant to this Ordinance.
D. This Ordinance may be enforced by civil court action in accordance with state or
federal law, in addition to any other remedies, civil or criminal, the City has for
violation of this Ordinance.
E. Prior to initiation of civil enforcement litigation, a Person, Agency, or Public
Infrastructure Contractor who has violated a provision of this Ordinance must be
given the opportunity to correct the violation within the timeframe specified by the
City Engineer. This Section does not prohibit the City Engineer or the City from
taking enforcement action as to past or present violations of this Ordinance,
notwithstanding their correction.
Sec. 1-7.
Penalties.
Any Person, Agency, human, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00),
unless the violation relates to fire safety or public health and sanitation, including
dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this
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Ordinance shall constitute a separate offense. The penal provisions imposed under this"
Ordinance shall not preclude the City from filing suit to enjoin the violation. The City
retains all legal rights and remedies available to it pursuant to local, state and federal
law.
Sec. 1-8.
Registration.
A. In order to protect the public health, safety and welfare, all Agencies and Public
Infrastructure Contractors placing Facilities or engaging in construction,
excavation, encroachments, and work activities within or upon any Public Right-
of-Way must register with the City of Wylie. Registration must be renewed
annually on or before January 31. The Registration Form to be used may be
obtained from the Engineering Department. If a registration is not renewed,
construction permits will not be issued to the Agency or Public Infrastructure
Contractor by the City, and the penalty provisions and/or the abandonment and
removal provisions contained herein shall apply. When any information provided
for the registration changes, the Agency or Public Infrastructure Contractor shall
notify the City of Wylie of the change no more than thirty (30) days after the date
the change is made. Registration shall include:
1. The name, address, and telephone number(s) of the Agency that is the
owner of the Facilities to be located in the Public Rights-of-Way, including
the business name, assumed name, or trade name under which the
Agency operates or under which it has operated within the past five (5)
years. In the case of a Public Infrastructure Contractor, the name,
address, and telephone number(s) of the Public Infrastructure Contractor
and the name, address, and telephone number(s) of the developer for
whom the Public Infrastructure Contractor is working.
2. The name(s), address(es) and telephone number(s) of the person(s) who
will be contact person(s) for the Agency or Public Infrastructure
Contractor.
3. The name(s), address(es) and telephone number(s) of any contractor(s)
or subcontractor(s) who will be working in the Public Rights-of-Way on
behalf of the Agency or Public Infrastructure Contractor.
4. The name and telephone number(s) of an emergency contact for the
Agency or Public Infrastructure Contractor who shall be available twenty-
four (24) hours a day.
5. (Reserved)
6. The name(s), address(es) and telephone number(s) of the person(s) who
will be receiving plans of City construction projects on behalf of the
Agency or Public Infrastructure Contractor.
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.'
7. The name, address, and telephone number(s) of the person who will be
responsible for receiving notifications or citations from the City on behalf of
the Agency or Public Infrastructure Contractor.
8. Proof of insurance as required by Section 1-12 below.
9. For Agencies that are Certificated Telecommunications Providers, a copy
of the Notice of Approval issued by the Public Utility Commission of Texas
that grants the Certificated Telecommunications Provider a service
provider certificate of operating authority (SPCOA) or certificate of
convenience and necessity (CCN).
10. The ordinance number of any franchise or license issued by the City of
Wylie that authorizes the Agency to use the Public Rights-of-Way.
11. A City street map, to be updated annually, marked in such a manner as to
evidence which streets, thoroughfares and/or Public Rights-of-Way the
Agency or Public Infrastructure Contractor has placed facilities.
B. Registration shall be a prerequisite to issuance of a construction permit. Each
Agency and Public Infrastructure Contractor shall update and keep current its
registration with the City at all times.
Sec. 1-9.
Permit required.
A. Any Agency or Public Infrastructure Contractor seeking to place Facilities on, in
or over a Public Right-of-Way or to engage in construction, excavation,
encroachments, and work activities within or upon any Public Right-of-Way shall
first file an application for a construction permit with the City and shall abide by
the terms and provisions of this Ordinance pertaining to the use of the Public
Rights-of-Way.
B. Exception. City maintenance activities are excepted from the permitting
requirements outlined herein.
C. This Ordinance does not constitute or create authority to place, reconstruct, or
alter Facilities in, on or over the Public Rights-of-Way nor to engage in
construction, excavation, encroachments, or work activity within or upon any
Public Right-of-Way, and said authority must be obtained by obtaining a permit.
D. Permits will be issued in the name of the Agency that will own the Facilities.
Permits for public infrastructure will be issued in the name of the Public
Infrastructure Contractor.
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E. Any Agency or Public Infrastructure Contractor with a current, unexpired consent, /
franchise, agreement or other authorization from the City (Grant) to use the
Public Rights-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
under its own terms or until it is terminated by mutual agreement of the City and
the Agency or Public Infrastructure Contractor or as otherwise provided for by
law.
F. Construction. Excavation. or Work Area. No Agency or Public Infrastructure
Contractor shall perform construction, excavation, or work in an area larger or at
a location different, or for a longer period of time than that specified in the permit
or permit application. If, after construction, excavation, or work is commenced
under an approved permit, it becomes necessary to perform construction,
excavation, or work in a larger or different area than originally requested under
the application or for a longer period of time, the Agency or Public Infrastructure
Contractor shall notify the City Engineer immediately and stop work and secure
site until such time as a supplementary application for the additional construction,
excavation, or work is approved.
G. Permit Transferability or Assiqnability. The Agency or Public Infrastructure
Contractor may subcontract the work to be performed under a permit provided
that the Agency or Public Infrastructure Contractor shall be and remain
responsible for the performance of the work under the permit and all insurance
and financial security as required. Permits are transferable and assignable upon
written notice to the City Engineer that the transferee or assignee has registered
and posted all required security pursuant to this Ordinance. Any transferee or
assignee shall be bound by all requirements of the permit and this Ordinance.
H. In the City, the physical construction of public infrastructure, excluding Agency
infrastructure, in new developments is the responsibility of the developer of the
land. Ownership of that infrastructure remains with the developer of the land until
accepted by the City. Any Agency or Public Infrastructure Contractor performing
work on infrastructure which is within a Public Right-of-Way, but prior to
acceptance by the City, shall obtain a permit from the City and permission from
the owner of the infrastructure in the Public Right-of-Way. The Agency shall be
financially responsible to the owner of the infrastructure to carry out all remedial
work necessary to receive acceptance by the City of that infrastructure. This
financial obligation shall apply only to the work in the Public Right-of-Way done
by the Agency or Public Infrastructure Contractor. The City will not accept for
dedication Public Rights-of-Way, or other property where work performed is not
in accordance with applicable City specifications.
I. Any Agency or Public Infrastructure Contractor found to be conducting any
excavation activity within the Public Right-of-Way without having first obtained
the required permit(s) will be subject to the penalty provisions contained herein
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and shall immediately cease all activity (exclusive of actions required to stabilize.,
the area) and be required to obtain a permit before work may be restarted.
J. The City may institute all appropriate legal action to prohibit any Agency or Public
Infrastructure Contractor from knowingly using the Public Rights-of-Way unless
the Agency or Public Infrastructure Contractor has complied with the terms of this
Ordinance.
Sec. 1-10. Permit application; permit contents.
A. General.
1. No Person, Agency, or Public Infrastructure Contractor shall install any
Facilities or other encroachment or make a pavement cut or excavate in a
Public Right-of-Way without first obtaining a permit from the City Engineer,
except in an emergency.
2. Franchised Agencies and Agencies that are certificated
telecommunications providers have prior authorization to do work in Public
Rights-of-Way. However, an Agency's use of the Public Rights-of-Way is
subject to and must occur in accordance with State of Texas laws and City
ordinances, policies, standards and procedures. Said use is non-
exclusive and does not establish priority for use over other franchise
holders, permit holders, or the City. A permit issued by the City of Wylie is
required for all work done in the Public Rights-of-Way.
3. Each application for a permit shall be submitted using the required form
which may be obtained from the Engineering Department. The Agency or
Public Infrastructure Contractor requesting a permit shall provide the City
Engineer with documentation in the format specified by the Engineering
Department. The application form shall request at a minimum, the
following information:
a. The proposed location and route of all Facilities to be
constructed or installed and applicant's plan for Right-of-Way
construction.
b. Engineering plans, which will: (i) be on a reasonable scale;
or (ii) provide sufficient information, acceptable to the Public
Works Department.
c. Details of the location of all Right-of-Way that applicant
and/or owner plans to use.
d. Description of all known existing City utilities in relation to
applicant's proposed route.
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. .
e. Description of what applicant proposes to install.
f. Detail of plans to remove and replace asphalt and/or
concrete in streets, driveways, alleys, and sidewalks.
g. Drawing of any bores, trenches, hand holds, manholes,
switch great transformation, pedestals, etc. (including
approximate depth) located in Public Right-of-Way.
h. Typical details of manholes and/or handholds applicant
plans to use or access.
Complete legend of drawings submitted by applicant, which
may be provided by reference to previously submitted
documents.
J. One (1) set of plans must be submitted with permit
application.
k. 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
estimated dates and times work will occur, all of which
(methods, dates, times, etc.) are subject to approval of the
City Engineer.
I. Proof of insurance or net worth as required herein.
m. If traffic is to be obstructed, a traffic control plan.
n. The name(s), address(es) and telephone number(s) of any
contractor(s) or subcontractor(s) who will be working in the
Pubic Rights-of-Way on behalf of the Agency or Public
Infrastructure Contractor.
4. New residential service connections do not require a permit under this
Ordinance. However, a permit may be required from the Building
Inspections Department. An Agency or Public Infrastructure Contractor
must inquire with the Building Inspections Department as to whether a
permit is required for such service connections.
a. Exception. Maintenance or replacement of existing service
connections that requires excavation by mechanical means will
require a permit under this Ordinance.
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5. The City Engineer shall state on the permit the activity for which the permit.
is issued and any restrictions or requirements that have been placed upon
the permit.
6. All construction and installation in the Public Rights-of-Way shall be in
accordance with the permit issued for the Facilities. The City Engineer
shall be provided access to the work and to such further information as he
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 City Engineer at all times when construction or installation work is
occurring.
8. The Agency or Public Infrastructure Contractor shall update any new
information on permit applications within ten (1 0) days after any change
occurs.
9. Joint Applications. Agencies or Public Infrastructure Contractors may
apply jointly for permits to work in Public Rights-of-Way at the same time
and place.
B. Types of Permits:
1 . Standard Permits
a. A Standard Permit is required whenever a cut or excavation,
including borings and directional drilling, is made in a Public Right-
of-Way.
b. Application for a standard permit shall be made no less than two (2)
City of Wylie working days prior to the date of the proposed activity.
If the proposed cut or excavation is to be made in the Public Rights-
of-Way dedicated to the State of Texas, a City permit is required in
addition to any and all permits required by the State. A City permit
is required although specific authority has been granted by the
Engineering Department to cut a paved street, curb or alley as a
part of a new construction project.
2. Maintenance Permits
a. A Maintenance Permit is allowed whenever setting poles or work is
being done in or on a Thoroughfare and no cut or excavation is
required.
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b. Application for a Maintenance Permit must be submitted no later:'
than the business day prior to the date of the proposed
maintenance work. Applications may be submitted in person or via
fax or e-mail to the Engineering Department.
3. Permits Issued under Emeraencv Conditions. Any Agency or Public
Infrastructure Contractor maintaining Facilities in the Public Rights-of-Way
may proceed with repairs upon existing Facilities without a Standard or
Maintenance Permit when emergency circumstances demand that the
work be done immediately. If emergency work requires more than 12
hours to complete, the Agency or Public Infrastructure Contractor doing
the work shall notify:
a. the City's police department by telephone immediately; and
b. the Engineering Department no later than the next business day by
telephone, fax, or e-mail when an emergency permit is required. A
permit application must be submitted no later than the next
business day after the work is commenced.
C. Denial. Suspension. or Revocation of a Permit
1. Denial of a Permit. A permit may .be denied for anyone of the following
reasons:
a. The proposed activity will substantially interfere with vehicular or
pedestrian traffic and no procedures, or procedures which are
inconsistent with this Ordinance, have been implemented to
minimize the interference.
b. The proposed construction will substantially interfere with another
activity for which a permit has been issued, or will conflict or
interfere with existing Facilities already in the Public Right-of-Way.
c. The proposed barricading, channelizing, signing, warning or other
traffic control procedures or equipment do not comply with the
requirements of the Texas Manual on Uniform Traffic Control
Devices. .
d. The activity or the manner in which it is to be performed will violate
a City ordinance or regulation or a state or federal statute or
regulation.
e. The Agency or Public Infrastructure Contractor:
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(1) Does not have liability insurance' as required by Section 1.! .
12;
(2) Has consistently failed to perform in accordance with the
requirements of this Ordinance;
(3) Has failed to furnish all of the information required by this
Ordinance or, except for good cause shown, to file the
applications within the time prescribed by this Ordinance;
(4) Has misrepresented or falsified any information in the.
applications;
(5) Has failed to comply with the Performance
Warranty/Guarantee as provided in this Ordinance;
(6) Has outstanding debts to the City; or
(7) Is not in compliance with applicable requirements of an
existing permit issued under this Ordinance.
f. The Agency or Public Infrastructure Contractor requests to cut a
City-maintained street that can be crossed by jacking, boring or
tunneling.
g. There is a lack of available space.
h. The activity would cause a public health or safety hazard.
2. Suspension or Revocation of a Permit. The City Engineer may suspend
by stop work order or revoke any or all permits granted to allow work in
the Public Rights-of-Way on the same grounds on which a permit may be
denied under this Subsection C or for the following reasons and subject to
the procedural guidelines noted in this Ordinance and any agreement that
applies to the Agency or Public Infrastructure Contractor using the Public
Rights-of-Way, as well as any limitations imposed by federal, state or local
law:
a. Failing to comply with an order of the City Engineer;
b. The recognition that a permit was issued in error;
c. Failing to comply with restrictions or requirements placed on the
permit by the City Engineer; or
d. Violating any provision of this Ordinance.
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3. Automatic Revocation of a Permit. If no work has begun on a permitted '
project within thirty (30) calendar days of issuance of the permit, the
permit shall be null and void, and a new permit shall be required.
4. Extension of a Permit. A sixty (60) day extension to a permit may be
granted if requested by the Agency or Public Infrastructure Contractor in
writing to the Engineering Department. Such a request must be made
before the permit expires. If no call for the cancellation of a permit or for
an inspection is received within the sixty (60) day extension period, the
permit shall be null and void, and a new permit shall be required.
5. The City Engineer shall provide written notice of a denial, suspension or
revocation to the Agency or Public Infrastructure Contractor. Construction
that is suspended may not resume until the City Engineer determines that
the Agency or Public Infrastructure Contractor has corrected the violation,
noncompliance, or hazard that caused the suspension. A permit that has
been denied or revoked may be issued or reinstated by the City Engineer
if the City Engineer determines that: .
a. The Agency or Public Infrastructure Contractor has corrected the
violation, noncompliance, or hazard that caused the revocation or
denial; and
b. The health or safety of the public is not jeopardized by reinstating
or issuing the permit.
6. An Agency or Public Infrastructure Contractor may appeal a permit denial,
suspension, or revocation in accordance with the provisions of Section 1-
11 of this Ordinance.
7. Any variance from the requirements of this Ordinance must be approved
in advance by the City Engineer. The City Engineer may grant a variance
only if an extreme hardship exists and the public health, safety, welfare,
and convenience is not adversely affected by granting the variance. The
City Engineer may not approve any variance that would give a competitive
advantage to one Agency over another Agency providing the same or
similar service. The City Engineer may not grant a variance from the
indemnity requirements of Section 1-14.
Sec. 1-11. Appeals.
A. Applicabilitv. Appeals may be filed pursuant to this Section for decisions of the
City Engineer related to the denial, suspension, or revocation of a permit.
However, the appeal process provided by this Section shall not be available for
criminal violations of this Ordinance.
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B. Appeal to City ManaQer. A permittee may appeal decisions made by the City..
Engineer by filing a written appeal with the City Manager within seven (7) working
days of receipt of denial, suspension, or revocation of the permit. An appeal filed
pursuant to this Section shall specifically state the basis for the aggrieved party's
challenge to the City's authority under this Ordinance.
C. Issuance of Decision by City ManaQer. Decisions of the City Manager shall be
issued within seven (7) working days of receipt of the written appeal.
D. Appeal to City Council. A permittee may appeal a decision made by the City
Manager to the City Council by filing a written appeal with the City Secretary
within five (5) working days of the date of the City Manager's decision. An
appeal filed pursuant to this Section shall specifically state the basis for the
aggrieved party's challenge to the City's authority under this Ordinance. If
reasonably possible, and to the extent allowed by law, an appeal to the City
Council will be placed on the City Council's agenda for the next regularly
scheduled meeting. Decisions of the City Council shall be final.
Sec. 1-12. Insurance requirements.
A. AQencies. Each Agency applying for a permit shall obtain, maintain, and provide
proof of each of the following types of insurance and coverage limits. These
insurance policies shall be underwritten by insurance companies with an A.M.
Best Rating of A VI or better.
1. Commercial General Liability on an occurrence form with minimum limits
of Five Million Dollars ($5,OOO,OOO) per occurrence and Ten Million Dollars
($10,000,000) aggregate. This coverage shall include the following:
a. Products/Completed Operations to be maintained for one year.
b. Personal and advertising injury.
c. Owners and contractors protective liability.
d. Explosion, Collapse, or Underground (XCU) hazards.
2. Automobile liability coverage with a minimum policy limits of One Million
Dollars ($1,000,000) combined single limit. This coverage shall include all
owned, hired and non-owned automobiles.
3. Workers Compensation and Employers Liability Coverage. Statutory
coverage limits for Coverage A and Five Hundred Thousand Dollars
($500,000) Coverage 8 Employers Liability is required.
B. Public Infrastructure Contractors. Each Public Infrastructure Contractor applying
for a permit shall obtain, maintain, and provide proof of insurance for the same
types of insurance coverages outlined in Subsection A above; however, the
policy limits under the General Liability insurance shall be One Million Dollars
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($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. All"
other coverages provisions outlined in Subsection A above shall apply.
C. An Agency or Public Infrastructure Contractor that has registered and filed proof
of insurance under Section 1-12 of this Ordinance is not required to furnish
separate proof of insurance under this Section when obtaining a permit but must
comply with all other requirements of this Section.
D. The preferred method for proof of insurance is the Accord form Certificate of
Insurance.
E. The City reserves the right to review the insurance requirements and to
reasonably adjust insurance coverage and limits when the City Manager
determines that changes in statutory law, court decisions, or the claims history of
the industry, the Agency or Public Infrastructure Contractor require adjustment of
the coverage.
F. The City will accept certificates of self-insurance issued by the State of Texas or
letters written by the agency in those instances where the State does not issue
such letters, which provide the same coverage as required herein. However,
certificates of self-insurance must be approved in advance by the City.
G. The Agency or Public Infrastructure Contractor shall furnish, at no cost to the
City, copies of certificates of insurance evidencing the coverage required by this
Section to the City. If the City requests a deletion, revision or modification, the
Agency shall exercise reasonable efforts to pay for and accomplish the change.
H. The Agency or Public Infrastructure Contractor shall file and maintain proof of
insurance with the Engineering Department. An insurance certificate obtained in
compliance with this Section is subject to City approval. The City may require
the certificate to be changed to reflect changing liability limits. An Agency or
Public Infrastructure Contractor shall immediately advise the City Attorney of
actual or potential litigation that may develop which may affect an existing
carrier's obligation to defend and indemnify the City.
I. Such insurance shall be kept in full force and effect during the period of time for
which a permit shall be issued or the space occupied. Proof of insurance
coverage must be available on a "per project" basis.
J. An insurer has no right of recovery against the City. The required insurance
policies shall protect the Agency or Public Infrastructure Contractor and include
the City as an additional insured. The insurance shall be primary coverage for
losses covered by the policies.
K. The policy clause "Other Insurance" shall not apply to the City.
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L. The Agency or Public Infrastructure Contractor shall pay premiums and'
assessments. A company that issues an insurance policy has no recourse
against the City for payment of a premium or assessment. Insurance policies
obtained by an Agency or Public Infrastructure Contractor must provide that the
issuing company waives all right of recovery by way of subrogation against the
City in connection with damage covered by the policy.
M. Each policy must include a provision that requires the insurance company to
notify the City in writing at least thirty (3D) days before canceling or failing to
renew the policy or before reducing policy limits or coverages.
N. The insurance requirements of this Section do not apply to an Agency operating
Facilities or performing construction pursuant to a valid existing franchise or
license approved by the City.
Sec. 1-13. Performance warranty/guarantee.
A. Any warranty made hereunder shall serve as security for the performance of
work necessary to repair the Public Rights-of-Way if the Agency or Public
Infrastructure Contractor fails to make the necessary repairs or to complete the
work under the permit.
B. The Agency or Public Infrastructure Contractor, by acceptance of the permit,
expressly warrants and guarantees complete performance of the work in a
manner acceptable to the City and warrants and guarantees all work done for a
period of one (1) year and agrees to maintain upon demand and to make all
necessary repairs during the one-year period. This warranty shall include all
repairs and actions needed as a result of:
1. Defects in workmanship;
2. Settling of fills or excavations;
3. Any unauthorized deviations from the approved plans and specifications;
4. Failure to barricade;
5. Failure to clean up during and after performance of the work;
6. Restoration of improvements including, but not limited to, landscaping and
irrigation; or
7. Any other violation of this Ordinance or the ordinances of the City.
C. The one-year warranty period shall run from the date of the City's acceptance of
the work which shall be the date of the letter of acceptance issued by the City to
the Agency or Public Infrastructure Contractor. If repairs are required during the
one-year warranty period, those repairs need only be warranted until the end of
the initial one-year period starting with the date of acceptance. It is not
necessary that a new one-year warranty be provided for subsequent repairs after
probationary acceptance.
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D. At any time prior to completion of the one-year warranty period, the City ~ay. .
notify the Agency or Public Infrastructure Contractor of any needed ~epalrs.
Such repairs shall be completed within 24 hours if the defects are determined by
the City to be an imminent danger to the public health, safety, and welfare. Non-
emergency repairs shall be completed within fifteen (15) calendar days after
notice.
Sec. 1-14. Indemnification.
A. To the extent authorized by law, each Agency or Public Infrastructure Contractor
placing Facilities in the Public Rights-of-Way shall agree to promptly defend,
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 that are damaged,
destroyed, or found to be defective as a result of the Agency's or Public
Infrastructure Contractor's acts or omissions, (ii) from and against any and all
claims, demands, suits, causes of action, and judgments for (a) damage to or
loss of the property of any Agency or Public Infrastructure Contractor (including,
but not limited to, any Person, 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, damage to property or
loss of income or wages to any Person (including, but not limited to, the agents,
officers, and employees of the Person, Person's subcontractors and City, and
third parties), arising out of, incident to, concerning, or resulting from the
negligent or willful act or omissions of the Agency or Public Infrastructure
Contractor, its agents, employees, and/or subcontractors, in the performance of
activities pursuant to this Ordinance.
B. An 'Agency that is a certificated telecommunications provider as defined in
Chapter 283 of the Texas Local Government Code, as amended, agrees to give
to the City the indemnity provided in Section 283.057, Texas Local Government
Code, as amended.
C. This indemnity provision shall not apply to any liability resulting from the
negligence or willful misconduct of the City, its officers, employees, agents,
contractors, or subcontractors.
D. 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
Person or entity.
Sec. 1-15. General rights-of-way use and construction.
A. Minimal Interference. Work in the Public Rights-of-Way shall be done in a
manner that causes the least interference with the rights and reasonable
convenience of property owners and residents. Agency's or Public Infrastructure
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Contractor's Facilities shall be constructed or maintai'ried in such a manner as' .
not to interfere with sewers, water pipes, or any other property of the City, or with
any other pipes, wires, conduits, pedestals, structures, or other Facilities that
may have been laid in the Rights-of-Way by, or under, the City's authority. The
Agency's or Public Infrastructure Contractor's Facilities shall be located, erected,
and maintained so as not to endanger or interfere with the lives of Persons, or to
interfere with improvements the City may deem proper to make or to
unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public
property, and shall not interfere with the travel and use of public places by the
public during the construction, repair, operation, or removal thereof, and shall not
obstruct or impede traffic.
B. Responsibilities Under Permit; Location of Facilities.
1. A permit does not relieve an Agency or Public Infrastructure Contractor of
the responsibility to coordinate with other utilities and to protect existing
facilities. An Agency or Public Infrastructure Contractor working in the
Right-of-Way is responsible for obtaining line locates from all affected
utilities or others with facilities in the Right-of-Way prior to any excavation.
Use of the Geographic Information System or the plans of record does not
satisfy this requirement.
2. In performing location of Facilities in the Public Rights-of-Way in
preparation for construction under a permit, Agency or Public
Infrastructure Contractor shall compile all information obtained regarding
its or any other Facilities in the Public Rights-of-Way related to a particular
permit and shall make that information available to the City in a written
and verified format acceptable to the City Engineer.
3. Protection of Utilities. Before beginning excavation in any Public Right-of-
Way, an Agency or Public Infrastructure Contractor shall contact the
Texas One-Call System or any other company operating under the One-
Call Statute and, to the extent required by Chapter 251 of the Texas
Utilities Code, make inquiries of all ditch companies, utility companies,
districts, local government departments, and all other agencies that might
have Facilities in the area of work to determine possible conflicts.
a. Field locations shall be marked prior to commencing work. The
Agency or Public Infrastructure Contractor shall support and protect
all pipes, conduits, poles, wires, or other apparatus that may be
affected by the work from damage during construction or settlement
of trenches subsequent to construction.
C. UnderQround Construction and Use of Poles.
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1. As required by the Subdivision Ordinance of the City and the.
Comprehensive Zoning Ordinance and when required by general
ordinances, regulations or rules of the City or applicable State or Federal
law, Agency's or Public Infrastructure Contractor's new Facilities within
subdivisions shall be placed underground at Agency's or Public
Infrastructure Contractor's expense. Agencies and Public Infrastructure
Contractors may require developers or other third parties to bear this
expense. Placing Facilities underground does not preclude the use of
ground-mounted appurtenances. Related equipment, such as pedestals,
must be placed in accordance with the City's applicable code
requirements and rules, including all visibility easement requirements. In
areas where existing Facilities are aerial, the Agency or Public
Infrastructure Contractor may install aerial Facilities if doing so does not
violate any other City ordinance.
2. The City will not require existing Facilities to be placed underground.
3. For above-ground Facilities, the Agency shall utilize existing poles
wherever possible. Facilities shall be maintained in an appropriate
manner.
4. Should the City desire to place its own Facilities in trenches or bores
opened by the Agency or Public Infrastructure Contractor, the Agency or
Public Infrastructure Contractor shall cooperate with the City in any
construction by the Agency or Public Infrastructure Contractor that
involves trenching or boring, provided that the City has first notified the
Agency or Public Infrastructure Contractor in some manner that it is
interested in sharing the trenches or bores in the area in which the
Agency's or Public Infrastructure Contractor's construction is occurring.
The Agency or Public Infrastructure Contractor shall allow the City to place
its Facilities in the Agency's or Public Infrastructure Contractor's trenches
and bores, provided the City incurs a pro-rata share of costs to any
increase in cost of the trenching and boring. The City shall be responsible
for maintaining its respective Facilities buried in the Agency's or Public
Infrastructure Contractor's trenches and bores under this paragraph.
D. Joint TrenchinQ. The Public Rights~of-Way have a finite capacity for containing
Facilities. The City Engineer may require an Agency or Public Infrastructure
Contractor to share trench space to minimize the disruption of vehicular or
pedestrian traffic.
1. All Facilities shall meet any applicable local, State, and federal clearance
and other safety requirements, be adequately grounded and anchored,
and meet the provisions of contracts executed between Agency or Public
Infrastructure Contractor and the other joint user. Agency or Public
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Infrastructure Contractor may, at its option,' 'correct any attachment..
deficiencies and charge the joint user for its costs.
E. Excavation Safety. On construction projects in which excavation will exceed a
depth of five (5) feet, the Agency must have detailed plans and specifications for
excavation safety systems. The term "excavation" includes trenches, structural
or any construction that has earthen excavation subject to collapse. The
excavation safety plan shall be designed in conformance with State law and
Occupational Safety and Health Administration (OSHA) standards and
regulations.
F. Erosion Control. The Agency shall be responsible for storm water management
erosion control that complies with city, state and federal guidelines. All
installations shall be in accordance with the design and construction standards
adopted by the City of Wylie, as amended, unless an alternative location has
been approved by the City Engineer.
G. On-Site Requirements. Agencies and Public Infrastructure Contractors subject to
this Ordinance must have a minimum of one English-speaking representative at
the site where work is being performed at all times. Additionally, each of
Agency's or Public Infrastructure Contractor's vehicles shall bear a sign
identifying the Agency or Public Infrastructure Contractor that owns the vehicles.
Sec. 1-16. No directional boring zones.
In the City, the public infrastructure must be maintained and protected by all
Agencies and Public Infrastructure Contractors. The public health, safety and welfare is
at risk when damages to water and sewer mains occur. To protect the water and sewer
system, no Person, Agency, or Public Infrastructure Contractor will be allowed to
directionally bore within five feet longitudinally with water mains that are larger than
twelve inches (12") and sewer mains that are twelve inches (12") or larger unless
approved by the City Engineer. The installation of Facilities in the Public Rights-of-Way
or easements will be installed by open excavation to assure the protection of the City's
water and sewer system, unless approved by the City Engineer. The City has available
mapping that identifies such mains. The Agency or Public Infrastructure Contractor is
responsible for obtaining and using this information in the design of new Facilities.
Sec. 1-17. Joint planning and construction; coordination of excavations.
(Reserved)
Sec. 1-18. Minimizing the impacts of work in the rights-of-way.
A. Noise. Dust. Debris. Hours of Work. Each Agency and Public Infrastructure
Contractor shall conduct work in such a manner as to avoid unnecessary
inconvenience and annoyance to the general public and occupants of
neighboring property. In the performance of the work, the Agency or Public
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Infrastructure Contractor shall take appropriate measures to reduce noise, dustr
and unsightly debris. Except in an emergency or as provided in Section 1-20
Traffic Control, permitted work shall be done between the hours of 6:00 a.m. and
7:00 p.m., Monday through Saturday. Permitted work that needs to be
performed outside the above work hours must be approved by the City Engineer
in writing, twenty-four (24) hours in advance.
B. Trash and Construction Materials.
1. Each Agency and Public Infrastructure Contractor shall maintain the work
site so that:
a. Trash and construction materials are contained so that they are not
blown off of the construction site.
b. Trash is removed from a construction site often enough so that it
does not become a health, fire, or safety hazard.
c. Trash dumpsters and storage or construction trailers are not placed
in the street without written approval of the City Engineer.
2. Agency or Public Infrastructure Contractor must comply with applicable
local, state, and federal regulations concerning trash disposal when
working in the Public Rights-of-Way.
C. Deposit of Dirt and Material on Roadwavs. Each Agency and Public
Infrastructure Contractor shall eliminate the tracking of mud or debris upon any
street or sidewalk. Equipment and trucks used during construction, excavation,
or work activity shall be cleaned of mud and debris prior to leaving any work site.
D. Protection of Trees and LandscapinQ. Each Agency and Public Infrastructure
Contractor shall protect trees, landscape, and landscape features as required by
the City and shall be responsible for supplemental maintenance and watering
during construction and until restoration is complete and in accordance with the
performance warranty made by the Agency or Public Infrastructure Contractor
under this Ordinance. All protective measures shall be provided at the expense
of the Agency or Public Infrastructure Contractor.
E. Protection of Paved Surfaces from Equipment DamaQe. Backhoe equipment
outriggers shall be fitted with rubber pads whenever outriggers are placed on any
paved surface. Tracked vehicles with grousers are not permitted on paved
surface unless specific precautions are taken to protect the surface. Agency or
Public Infrastructure Contractor shall be responsible for any damage caused to
the pavement by the operation of such equipment and shall repair such surfaces.
Failure to do so will result in the use of the Agency's or Public Infrastructure
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Contractor's performance warranty/guarantee by the City to repair any damage, .
and, possibly, the requirement of additional warrantee(s).
F. Protection of Property. Each Agency and Public Infrastructure Contractor shall
protect from injury any Public Rights-of-Way and adjoining property by providing
adequate support and taking other necessary measures. Agency or Public
Infrastructure Contractor shall, at its own expense, shore up and protect all
buildings, walls, fences, or other property likely to be damaged during the work
and shall be responsible for all damage to public or private property resulting
from failure to properly protect and carry out work in the Public Rights-of-Way.
G. Clean-Up. As the work progresses, all Public Rights-of-Way and private property
shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All
clean-up operations shall be done at the expense of the Agency or Public
Infrastructure Contractor. Agency or Public Infrastructure Contractor shall
restore any disturbed area to its original condition.
H. Vehicle Parkinq. Each Agency and Public Infrastructure Contractor shall make
provisions for employee and construction vehicle parking so that neighborhood
parking adjacent to a work site is not impacted.
I. Walkways. Each Agency and Public Infrastructure Contractor shall maintain an
adequate and safe unobstructed walkway around a construction site or blocked
sidewalk in conformance with City Code.
Sec. 1-19. Facility locations.
A. All Facilities in new developments shall be located in accordance with the design
and construction standards adopted by the City of Wylie, as amended, unless an
alternative location has been approved by the City Engineer. Such utility
locations are hereby adopted as standard locations for utilities in new
developments. The intent of these items is that they serve as a standard, not
only to Agencies and Public Infrastructure Contractors working under City permit,
but also to all City agencies whose routine business requires the installation,
repair or relocation of utilities.
B. New Facilities to be installed in previously developed streets should be located in
accordance with the design and construction standards adopted by the City of
Wylie, as amended. If that location is already being used by another Facility, the
new Facility shall be located such that it does not interfere with other Facilities,
both existing and future. With the exception of street lights, no new Facilities
shall be located longitudinally in a median or under existing or proposed
pavement. No overhead Facilities shall be placed in streets or Thoroughfares.
The City Engineer shall have final decision over the location of all Facilities
located in Public Rights-of-Way.
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C. Guy wires, anchors, pedestals, boxes, and other above ground Facilities shall not
encroach within a sidewalk area, including a vertical clearance of seven and one-
half (7.5) feet above the sidewalk. No above-ground Facilities shall be located
closer than three (3) feet from the back of street curbs or edge of alley or within
the sight visibility area unless approved by the City Engineer.
D. Above-ground Facilities such as pedestals, switching boxes and similar Facilities
shall be located no less than three (3) feet from the edge of an alley or the back
of street curbs and such that they do not create a physical or visual barrier to
vehicles leaving or entering roads, driveway or alleys. They shall also not be
located in front of residential lots creating an unreasonable visual or aesthetic
impairment for the property owner. Above-ground Facilities located in Public
Rights-of-Way shall be no larger than six (6) feet wide by four (4) feet six (6)
inches high by two (2) feet deep. In the event that an Agency or Public
Infrastructure Contractor needs to install above-ground Facilities that are larger
than such size for traffic signals, street lights, etc., approval of the City Engineer
is required. All other such Facilities larger than the size previously stated in this
paragraph shall be considered buildings and must be placed on private property
and comply with all requirements of the City's Building Code, including receipt of
a building permit prior to installation.
E. Temporary utilities may be located in non-standard locations, if written approval
of the City Engineer is obtained in advance. Paragraph A above shall govern, if
applicable. For purposes of this section, a temporary utility is any Facility, as
defined, that is installed for a period of not greater than sixty (60) calendar days
and is subsequently removed by the responsible owner of the Facility.
Sec. 1-20. Traffic control.
A. When it is necessary to obstruct traffic four more than four hours, a traffic control
plan shall be submitted to the City Engineer prior to starting construction, except
in an emergency. No permit will be issued until the traffic control plan is
approved by the City Engineer. No Agency or Public Infrastructure Contractor
shall block access to and from private property, block emergency vehicles, block
access to fire hydrants, fire stations, fire escapes, water valves, underground
vaults, valve housing structures, or any other vital equipment unless the Agency
or Public Infrastructure Contractor provides the City with written verification of
written notice delivered to the owner or occupant of the facility, equipment, or
property at least 48 hours in advance. If a proposed construction project is to be
made in the Public Right-of-Way dedicated to the State of Texas, a City permit
shall be required in addition to any and all permits required by the State.
B. When necessary for public safety, the Agency or Public Infrastructure Contractor
shall employ flag persons whose duties shall be to control traffic around or
through the construction site. The use of flag persons may be required by the
City Engineer.
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C. Unless approved by the City Engineer or in an emergency, the Agency or Public
Infrastructure Contractor shall not impede rush hour traffic on Thoroughfares
during the morning or evening rush hours. No construction shall be performed
nor shall any traffic lane be closed to traffic during the hours of 6:00 a.m. to 9:00
a.m. or 4:00 p.m. to 7:00 p.m., Monday through Friday, without the written
approval of the City Engineer.
D. Lane closures on Thoroughfares shall be kept to a minimum duration at any time
outside of the morning and evening rush hours unless approved by the City
.Engineer.
E. Traffic control devices and barricades, as defined in the Texas Manual on
Uniform Traffic Control Devices, must be used whenever it is necessary to close
a traffic lane or sidewalk. Traffic control devices and barricades are to be
supplied by the Agency or Public Infrastructure Contractor. If used at night, they
must be reflectorized and must be illuminated or have barricade warning lights.
F. The Texas Manual on Uniform Traffic Control Devices, or any successor
publication thereto, shall be used as a guide for all maintenance and construction
signing. The Agency or Public Infrastructure Contractor shall illustrate on the
permit the warning and control devices proposed for use. At the direction of the
City Engineer, such warning and control devices shall be modified.
G. The City Engineer may refuse to issue a permit if proposed construction activity
will substantially interfere with vehicular traffic flow on Thoroughfares or is
inconsistent with procedures of this Ordinance.
Sec. 1-21.. Requirements for street cuts and repairs.
A. Except in the case of an emergency, which is governed by Section 1-10(8)(3) of
this Ordinance, when a street or sidewalk cut is required, the permittee must
obtain a Standard Permit from the City Engineer. All requirements of the City's
Engineering Department shall be followed. Repairs of all street and sidewalk
cuts must be made promptly and in such a manner as to avoid a hazard to
vehicular and pedestrian traffic until permanently repaired.
1. When emergency repairs are deemed necessary by the City Engineer to
correct a situation that is hazardous to the public, the Agency or Public
Infrastructure Contractor that is responsible for the cut shall be notified
immediately. If the Agency or Public Infrastructure Contractor does not
provide an acceptable schedule for making the emergency repair within
six (6) hours of being notified, the repairs will be performed by the City,
and the Agency or Public Infrastructure Contractor will be billed for the
actual cost of the repairs necessary to complete the project, which shall
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include clean up and the cost of removing City employees and/or workers. .
from other projects.
2. Agency or Public Infrastructure Contractor will be required to maintain the
interim cut repair until they have completed final repairs.
3. Traffic bearing steel plates shall be utilized on all concrete paving cuts
until required curing is accomplished. Asphalt shall be used to provide
smooth ramps at the edges. Plates or asphalt may be used for temporary
repairs.
B. All damage caused directly or indirectly to the street surface or subsurface
outside the pavement cut area shall be regarded as a part of the street cut.
These areas, as established by the City Inspector, will be included in the total
area repaired.
C. The Agency or Public Infrastructure Contractor shall notify the Public Works
Department immediately of any damage to other utilities, either City- or privately-
owned.
D. Construction Standards and Methods:
1. The design and construction standards adopted by the City of Wylie, as
amended, shall govern the cutting and restoration of street and alley
pavements in the City. These requirements shall apply equally to any
Person, Public Infrastructure Contractor, Agency or City department who
makes cuts and repairs to streets and alleys in the City of Wylie.
2. . Permanent repairs of utility cuts in existing streets, alleys or easements
will be completed by the Agency or Public Infrastructure Contractor within
fourteen (14) calendar days of beginning the work. If an Agency or Public
Infrastructure Contractor does not believe that it will be able to meet this
schedule, the Agency or Public Infrastructure Contractor must contact the
City Engineer concerning an alternative schedule for the repairs. Any
alternative schedule must be approved by the City Engineer prior to the
beginning of the work. The Agency or Public Infrastructure Contractor will
be responsible for any maintenance of the repair for a period of one (1)
year after the repair is complete. Failure to do so will result in the use of
the Agency's or Public Infrastructure Contractor's performance
warranty/guarantee by the City to repair any damage, and, possibly, the
requirement of additional warrantee( s) and/or the denial of future permits.
3. Steel plates left in the right-of-way after repairs are completed will be
removed by the City and become the City's property.
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4. Excavation in street or alley pavements should' begin with an air-hammer'
shovel, a pavement breaker or other equipment that will not damage the
pavement outside an approximate width of the ditch prior to beginning
trenching operations. All street excavations will be saw cut before the
street is repaired. Full depth saw cuts are required.
5. If the excavation is to pass under where the curb is installed without
dummy/expansion joint, the Agency or Public Infrastructure Contractor
may saw cut a smooth line one (1) foot beyond each side of the disturbed
base. If no damage to curb is evident to the City Inspector, the Agency or
Public Infrastructure Contractor may pump concrete under curb and gutter
on cuts less than one (1) foot wide. The City Inspector will make this
determination prior to concrete being placed under existing curb and
gutter.
Sec. 1-22. Standards for repair and restoration.
A. Aoency or Public Infrastructure Contractor Responsibility. The Agency or Public
Infrastructure Contractor shall be fully responsible for the cost and actual
performance of all work in the Public Rights-of-Way. The Agency or Public
Infrastructure Contractor shall do all work in conformance with any and all
engineering regulations, construction specifications, and design standards
adopted by the City. These standards shall apply to all work in the Public Rights-
of-Way unless otherwise indicated in the permit.
B. All restoration shall result in a work site condition equal to or better than the
condition in which the site existed prior to construction. Restoration must be
approved by the City Engineer. In addition to the regulations, specifications, and
standards referred to in Subsection A above, the following provisions shall apply
to work in the Public Rights-of-Way of the City:
1. Restoration must be to the reasonable satisfaction of the City Engineer.
The restoration shall include, but not be limited to:
a. Replacing all ground cover with the type of ground cover damaged
during work or better by sodding, as directed by the City;
b. Installation of all manholes and handholes, as required;
c. Backfilling of all bore pits, potholes, trenches or any other holes
which must be done within seven (7) days after excavation of the
bore pits, potholes, trenches or other holes, unless other safety
requirements are .approved by the City Engineer;
d. Leveling of all trenches and backhoe lines;
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e. Restoration of excavation site to City specifications; .'
f. Restoration of all landscaping, trees, shrubs, ground cover, and
sprinkler systems; and
g. Repairing and replacing existing erosion control devices that have
been damaged or destroyed as a part of the work.
2. All locate flags shall be removed during the clean up process by the
Agency or Public Infrastructure Contractor at the completion of the work.
3. Restoration must be made in a timely manner as agreed upon by the City
Engineer and the Agency or Public Infrastructure Contractor. If restoration
is not satisfactory and/or is not performed within the agreed upon
timeframe, 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 permits not approved until all restoration
is complete, or the City may complete the work and bill the Agency or
Public Infrastructure Contractor for the repairs performed by the City.
Sec. 1-23. Construction and restoration standards for newly constructed or
overlayed streets.
A. No Agency or Public Infrastructure Contractor shall cause an open trench
excavation or potholing of Facilities in the pavement of any Public Right-of-Way
for a period of three (3) years from the completion of construction or resurfacing
except in compliance with the provisions of this Section or as approved by the
City Engineer.
B. Criteria for Approval. No permit for excavation in the Right-of-Way of new streets
shall be approved unless the City Engineer finds that all of the following criteria
have been met:
1. Boring or jacking without disturbing the pavement is not practical due to
physical characteristics of the street or alley or other utility conflicts.
2. Alternative utility alignments that do not involve excavating the street or
alley are found to be impracticable.
3. The proposed excavation cannot reasonably be delayed until after the
three-year deferment period has lapsed.
C. Exemptions for EmerQency Operations. Emergency maintenance operations
shall be limited to circumstances involving the preservation of life, property, or
the restoration of customer service. Agencies or Public Infrastructure
Contractors with prior authorization from the City Engineer to perform emergency
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maintenance operations within the Public Rights-of-Way shall be exempted from'
this Section. Any Agency or Public Infrastructure Contractor commencing
operations under this Section shall submit detailed engineering plans,
construction methods, and remediation plans no later than the next business day
after initiating the emergency maintenance operation.
D. Construction and Restoration Standards for Newly Constructed or Overlayed
Streets and Alleys. The streets shall be restored and repaired in accordance
with design and construction standards adopted by the City and guaranteed in
accordance with Section 1-13.
Sec. 1-24. Relocation of facilities for public improvements.
A. In the exercise of governmental functions, the City has first priority over all other
users of the Public Rights-of-Way. The City reserves the right to lay sewer,
water, and other pipelines or cables and conduits, and to do underground and
overhead work, and attachments, restructuring, or changes in aerial Facilities in,
across, along, over, or under a public street, alley, or Public Rights-of-Way
occupied by an Agency or Public Infrastructure Contractor, and to change the
curb, sidewalks, or the grade of streets.
B. The Agency or Public Infrastructure Contractor must relocate its Facilities at its
own expense prior to the start of construction of a City project for street widening,
street straightening, other City project that is deemed to be essential for the
public's health, safety or welfare. Failure to comply with this provision shall
subject the Agency or Public Infrastructure Contractor to the enforcement
provisions contained herein.
C. Registration and a permit will be required when making Facility adjustments in
preparation for City projects.
Sec. 1-25. "As Built" Plans.
A. Right-of-Way users will provide the City Engineer 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 in a' format used in the ordinary course of user's business
to the extent they are prepared in the ordinary course of business.
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.<--'
B.
The City Engineer may, for good cause, waive all or portions of this requirement:
The determination of good cause shall include, but not limited to, assessment of
(i) the Right-of-Way user's ability to feasibly and economically remove customer
specific, proprietary or confidential information from its plans, and (ii) the Right-
of-Ways user's standard business practice relative to the preparation of
construction and as-built plans. The City Engineer may reassess waivers from
time to time to determine whether a Right-of-Way user's ability to provide as-built
plans has changed.
Sec. 1-26. Abandonment and removal of facilities.
A. If a registration is not renewed, and subject to sixty (50) days notification to the
Agency, the City, in its own discretion, may: (i) deem all or a portion of the
Facilities to have been abandoned and shall become the property of the City; or
(ii) require the Agency or Public Infrastructure Contractor, at the Agency or Public
Infrastructure Contractor's sole cost and expense, to remove all or a portion of
the Facilities, without interfering with any other Right-of-Way Facility.
B. Any Agency that intends to discontinue use of any Facilities within the Public
Rights-of-Way shall notify the City Engineer in writing of the intent to discontinue
use. Such notice shall describe the Facilities for which the use is to be
discontinued, a date of discontinuance of use, which date shall not be less than
thirty (30) days from the date such notice is submitted to the City Engineer.
Upon receipt of notice of discontinuance of use the City may: (i) have a right of
first refusal to acquire Agency's Facilities, if the Agency has a valid or serious
offer to purchase from a third party, at such cost as the offer received from the
third party; (ii) accept dedication of the Facilities; or (iii) require the Agency or
Public Infrastructure Contractor, at the Agency or Public Infrastructure
Contractor's sole cost and expense, to remove all or a portion of the Facilities,
without interfering with any other Right-of-Way Facility.
Section II. Savings/Repealing Clause. All provisions of the ordinances of the
City of Wylie, codified or uncodified, in conflict with the provisions of this Ordinance are
hereby repealed upon the effective date of this Ordinance, except that nothing
contained herein shall be considered as repealing any portion of, or any amendment
thereto, the "The Subdivision Ordinance" or any ordinance relating to paving standards
of the City of Wylie. All other provisions of the ordinances of the City of Wylie, codified
or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full
force and effect. Any repeal of another ordinance shall not abate any prosecution for
violation of the repealed ordinance nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance.
Section Ill. Severability. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. The City hereby declares that it would have passed
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this Ordinance, and each section, subsection, clause or phrase thereof irrespective of
the fact that anyone or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
Section IV. Existing Franchise. If any provision of the Ordinance conflicts
with an existing franchise agreement, the franchise agreement shall prevail until the
expiration thereof.
Section V. Effective Date. This Ordinance shall become effective upon its
passage and publication as required by law.
JA DULY PASSED AND
~hV1 ~ , 2001.
APPROVED this
the
\\
day
of
ATTEST:
CRETARY
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APPROVED AS TO FORM:
Richard Abernathy, CITY ATTORNEY
C:\OFFICE\COUNCIL\12-11-01 AGENDA ITEMS'ATTACHMENT - ROW ORDINANCE.doc
l'I-IE WYLIE NEWS
"ON. llallmtlSI.
I'.(). I1w< .'(i9
Wylil', Tcxns 7509R
~;;~;;;r.;g-Wyiicl Soc,,~c, Mlltt'''Y nlllll"c SlIttllllllllillg nrr.n
(972) 442-5515
Fnx (972) 442-43 I R
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, oli this day personally appeared Chad Engbrock, or '..HE WYLII~
NEWS, a newspaper regularly published 'n Collin County; Texas alid having general cltculaUohln Collin
Count)', Texas, who being by me duly sworn deposed and says tbat the foregoing aUached
4 \ / L.-
Dtd. JiJOJ - 5 4-
was published in said newspaper on the following dates, to-wit:
.,:;..
~c . 'C)
, 2001, and
~
Chad Engbrock
Suhscrlbed and swotn to before me this the r1-+n
to certlf)' which n.ltness my hand and seal of office.
day of
yn.o~
(!".
Notary Public in dud for
The State of Texas
, 2001.
, 2(JO r ,
{Jd/ C5p~~!
My Commission Expires
ORDINANCE NO.
2001-54
AN ORDiNAf\JCE OF
THE CITY OF V-JYLlE.
TEXAS. ADOPTING A
COMPREHENSIVE
RIGHT-OF-WAY MAN-
AGEMENT ORDI-
NANCE GOVER~'JING
ANY AND ALL CON-
STRUCT10N OCCUR-
RING \;VlTHIN THE
PUBLIC RICiHTS-OF-
W;..\Y IN THE CITY OF
W'lLlE: PROVIDING
FOR A PEf\JALTY NOT
TO EXCEED $2,000
PER DAY FOR EACH
OFFENSE; AND PRO-
VIDING A REPEALER
CLAUSE. A SEVER-
ABILITY CLAUSE, A
SAVINGS CLAUSE, A
PENALTY CLAUSE,
f\ND A,N EFFECTIVE
DATE.
DULY PASSED AND
APPROVED BY THE
CITY COUNCIL OF
THE CIT'\" OF WYLIE,
TEXAS, THIS 11 TH
Df\,Y OF DECEMBER,
2001.
John Mondy. Mayor
ATTEST:
Barbar8 Salinas.
City Secretary