HomeMy WebLinkAbout033299 ORD - 02/13/2024Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets
and Sidewalks and Chapter 53 Traffic regarding requirements for performing
work in the public right of way and placement of utilities; providing for
penalty; providing for publication.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
S ECTION 1. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street,
S idewalk, Curb and Gutter and Driveway Construction, Division I Generally is revised to amend
the City department responsible for supervising work done within the public right of way.
"Sec. 49-20. Permission to make improvements.
It shall be unlawful for any person to pave or improve or in any manner to change or disturb
the surface or grade of any street avenue or alley in the city, or attempt to do so, unless done
under the direction and supervision of the director of engineering and physical development public
works or unless done with the consent and permission of the city council, which consent or
permission shall be in writing and signed by the mayor."
S ECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street,
S idewalk, Curb and Gutter and Driveway Construction, Division II Sidewalks, Curbs and Gutters
is revised to amend the City department responsible for supervising work done within the public
right of way and remove the permit fee language that conflicts with language in Chapter 49, Article
III Cuts and Excavations.
"DIVISION 2. — DRIVEWAYS, SIDEWALKS, CURBS AND GUTTERS
S ec. 49-30. Permit.
All persons within the city desiring to build, construct or repair driveway approaches,
sidewalks, and curbs and gutters in the city shall first secure from the director of engineering and
physical development public works a permit to do such work, and the contractor doing such work
or in charge of the same shall secure such permit from the director, including*
(a) New construction driveways — Permit is required and is subsidiary to building permit
This applies to new single-family or two-family dwelling
units/mult'family/commercial/industrial. New construction driveways for single-family or
two-family residential units are subject to random inspections.
(b) Repairs/modifications to existing driveway approaches — Permit is required.
(c) New sidewalk/curb and gutter — Permit is required.
(d) Repairs/modifications to existing sidewalk/curb and gutter - Permit is required.
All work shall be performed in accordance with the City s Construction standards. A permit
shall not be issued for any tract or property where a final plat is required to obtain a building
permit This section shall not apply to public improvements required for new subdivisions where
a final plat has not been recorded.
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Restrictions on driveway areas are designed to avo'd the domination of front yards by large
expanses of impervious surfaces which deaden the streetscape and discourage pedestrian
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activity. Reducing the width of driveways can reduce total site imperviousness. For residential
uses abutting local, residential streets, the driveway aprons shall not comprise more than 50%
percent of the lot frontage (per roadway) Residential uses abutting collector or arterial streets
shall be limited to no more than three driveways if the lot frontage exceeds 200 feet. "
S ECTION 3. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article III Cuts and
Excavations is hereby repealed and replaced in its entirety to amend the requirements and
procedures for working in the public right of way.
"DIVISION 1. GENERAL PROVISIONS
S ec. 49-39-1. Administration.
The Director of Public Works is the principal city official responsible for the administration of
the right-of-way, right-of-way permits the regulation of same and ordinances related thereto. The
director is authorized to administer and enforce the provisions of this article, and to promulgate
regulations, includ ng but not limited to engineering, technical, and other special criteria and
standards, to aid in the administration and enforcement of this article that are not in conflict with
this article, this code or state or federal law. To further aid in the administration and enforcement
of this article the director is also authorized to promulgate regulations and operat'onal standards
governing the shared use of the public right-of-way by transportation uses and pubic service
providers so long as those regulations and standards are not 'n conflict with this article, this code,
or state or federal law The director may delegate any or all of the duties hereunder.
(a) The Right of Way Manager, who shall be an Executive Manager overseeing the Right -
of -Way Division in the Department of Public Works shall have the same duties
responsibilities and authority as specified for the director stated herein except in
granting variances and appeals
(b) Nothing in this article authorizes the city to charge any fee in conflict with state law,
franchise agreements authorized by the city council article VII of chapter 49 of this
Code, or Ordinance No. 026217, as amended.
Sec. 49-39-2. Definitions.
As used in this article, the following terms shall have the meanings ascribed in this article,
u nless the context of their usage clearly indicates another meaning. Words used in the present
tense include the future, words in the plural number include the singular number and words in the
singular include the plural. The word "shall' is mandatory and not merely permissive.
Abandoned facilities means facilities no longer in service or physically disconnected from the
o perating facilities, or from any other facilities that are in use or that still carry service.
Applicant means an owner or authorized agent of an owner, who submits or receives a permit
u nder these provisions of the City Code The term includes:
(a) any officer, director, partner, manager, superintendent, or other authorized person
exercising control over or on behalf of the permittee; and
(b) any contractor or subcontractor of the applicant, for purposes of compliance with the
City of Corpus Christi Infrastructure Design Manual and the traffic control,
construction and maintenance requirements of this article.
Backfill means the placement of new dirt, fill or other material to refill an excavation; or the
return of excavated dirt, fill or other material to an excavation.
Certificated telecommunications provider or 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 Texas Public utility Commission or "PUC' to offer local
exchange telephone service as defined by Local Government Code Ch. 283 or' the Act.
Closure means a complete or partial closing of a sidewalk, parking space, or one or more
lanes of traffic of a publicly maintained street for any period of time.
Construction means any of the following activities performed by any person within a public
right-of-way:
(a) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation
of facilities or other improvements, whether temporary or permanent.
(b) Modifcation or alteration to any surface, subsurface, or aerial space within the public
right-of-way.
Lci Performance, restoration, or repair of pavement cuts or excavations.
(d) Reconstruction of any of the work described in this article.
(e) Network nodes and related infrastructure, as defined in Chapter 284 of the Texas Local
Government Code
kf Other similar construction work.
Construction standards means the City of Corpus Christi Infrastructure Design Manual (IDM),
any manual, or standard specifications and details published by the City that contains
engineering, technical, and other special criteria and standards established by the director for
construction, as defined in this article in the public right-of-way as they may be amended from
time to fine by the Department of Engineering Services and Department of Public Works and
approved by the city engineer.
Contractor means any public or private person or organization, other than the city.
Day means business day unless otherwise specified.
Department means the department of public works or a successor department that is
responsible for management of the right-of-way and roadway infrastructure.
Director means the director of the city department of public works or designated
representative responsible for the administration of right-of-way, right-of-way permits, the
regulation of same and ordinances related thereto.
Emergency operations means operations and repairs necessary to prevent damage or injury
to the health or safety of the public or any person due to an unforeseeable event or occurrence
that endangers health, life or property, or a situation in which public need for uninterrupted utility
service requires immediate corrective action to restore or prevent the loss of services. Written
notice to the director is required within 24 hours to ensure compliance with this article of the Code.
Upgrading of facilities, new service installation and neighborhood improvement projects are not
emergency operations.
Excavation means an activity that removes or otherwise disturbs pavement driveways,
curbs, s'dewalks, soil, fill, or other material, in the right-of-way, including but not limited to the
methods of open trenching, boring, tunneling, jacking, or backfilling. Excavation does not include
routine homeowner maintenance and landscaping activity immediately adjacent to the
homeowner's property line unless the activity removes or disturbs the paved portion of the right-
of-way.
Facility means the plant, equipment, buildings structures and property including but not
limited to Ines poles, mains, pipes, conduits, ducts, cables, micro network nodes, network nodes,
n ode support poles, vaults, wire, and other appurtenances of a public service provider located
u nder, on, or above the surface of the ground within the right-of-way and valves, and related
facilities and equipment used or useful for the provision of utility services whether owned,
o perated, leased, licensed controlled, or supplied for, by, or in connection with the business of
the public service provider
IDM means the City of Corpus Christi Infrastructure Design Manual.
Inspection means the inspection of construction by any person approved by the director to
determine compliance with this article.
Micro network node means a network node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not
longer than 11 inches.
Network node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term includes equipment
associated with wireless communications a radio transceiver an antenna, a battery -only backup
power supply, and comparable equipment, regardless of technological configuration, and coaxial
o r fiber-optic cable that is immediately adiacent to and directly associated with a particular
collocation. The term does not include an electric generator, a pole, or a macro tower.
Network provider means a wireless service provider, or a person that does not provide
wireless services and that is not an electric utility but builds or installs on behalf of a wireless
service provider, network nodes or node support poles or any other structure that supports or is
capable of supporting a network node.
New street means the paved portion of the right-of-way that has been constructed,
reconstructed or resurfaced with an asphalt overlay hot in place recycling, full depth reclamat'on,
reconstruction or other structural street maintenance treatment ' New street" includes all concrete
paved streets streets constructed or structurally resurfaced during the preceding six years or any
street with a pavement condition index greater than 80, as defined herein.
Owner means a person company, partnership, agency or other public or private entity, who
is the owner or will, following the completion of the installation, become the owner of any facility
that is installed or is proposed to be installed or maintained in the public way.
Pavement condition index (PCI) means a measure of the condition of the right-of-way on a
scale of 1-100. The PCI for a specific street segment can be requested through the department.
Permit means a permit issued under this article authorizing construction in the right-of-way.
Permittee means any person or right-of-way user to whom a permit is issued to construct
within a right-of-way.
Person means any person, company, partnership, agency or other public or private entity,
excepting city departments.
Pole means a municipally owned service pole used to support traffic control functions,
signage, lighting, operations or decoration; a municipally owned utility pole; node support pole; or
a utility pole
Public service provider means any energy delivery or transport company, wholesale or retail
e lectric utility, gas utility, telecommunications company cable company, water util ty, storm water
utility, or wastewater utility, regardless of whether the public service provider is publicly or privately
owned or required to operate within the city pursuant to a franchise, including a network provider
as that term is defined in Chapter 284 of the Texas Local Government Code, as amended.
Repair means the temporary or permanent construction work necessary to make the right-
of-way useable.
Repair area means that area around an excavation where the pavement and subgrade is
impacted by an excavation
Restoration means the process by which an excavated right-of-way and surrounding area,
including pavement and foundation, is returned to the same condition, or better, than existed
before the commencement of the work.
Resurfacing means any repaving, overlay, seal or reconstruction which creates a new
pavement surface over the entire width of the street, excluding crack seals and localized base
and pavement repairs.
Right-of-way or public right-of-way or public way means the surface of, and the space above
and below, any street, road, highway, freeway, lane, path, trail, drainage way channel, br dge,
tunnel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other
e asement now or hereafter held by the city or over which the c ty exercises any rights of
management or control and shall include, but not be limited to, all easements now held or
hereafter held by the city. The public right-of-way includes the entire area between the boundary
lines of every right-of-way.
Right-of-way (ROW) user means a person that identifies as the Contractor on the permit
application, its successors and assigns, that uses the right-of-way for purposes of work,
excavation, provision of services, or to install, construct, maintain repair facilities thereon,
including, but not limited to, landowners, utilities contractors and public service providers.
Routine service operation means a work activity that makes no material change to the
facilities and does not disrupt traffic.
Spoils or Excavated Material means construction waste, construction supplies, or excavated
dirt, fill or other similar material that is stored or placed upon the surface of a public right-of-way
Street means the pavement,--st+ a butter and sub -grade of a city alley, residential local,
collector or arterial roadway
Supplementary application means an application made to excavate, construct within or
o bstruct more of the right-of-way than allowed in, or to extend a permit that has already been
issued.
TMUTCD shall mean Texas Manual on Uniform Traffic Control Devices, latest edition.
Traffic -control device means a traffic sign, signal, or marking that is placed and maintained
in accordance with state law and this Code.
Transport facility means each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the network, for the purpose of
providing backhaul for network nodes
Transportation improvement means the portion of work within the finished paved surface of
a public way undertaken by or pursuant to contract for the state or a political subdivision of the
state for the purpose of improving or maintaining public way transportation and related storm
drainage and street lighting infrastructure, but does not include any activity, such as connection
to other facilities, that cuts penetrates or bores under a public way other than the one being
improved or maintained pursuant to the contract or that cuts penetrates or bores under the public
way after installation of new paving.
UDC shall mean Unified Development Code.
Utility shall mean any privately or publicly owned entity which uses public rights -of -way to
furnish to the public any general public service, including, without limitation wastewater, gas,
electricity, water, mobile services, telecommunications services information services, cable
services, video services, wireless services telephone, petroleum products telegraph, heat,
steam or chilled water, together with the equipment structures, and appurtenances belonging to
such ent ty and located within and near the right-of-way. Poles are regulated herein only as
specifically set forth in this Article
White lining means marking the excavation site with white washable marking paint or flags
prior to requesting a utility locate in order to further identify the site.
Wireless service means any service, using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a
network node.
Wireless service provider means a person that provides wireless service to the public.
Sec. 49-39-3. Field utility coordination.
(a) The ROW user shall notify the department at each of the following times during a project:
(1) 72 hours before the start of construction;
(2) Upon completion of the initial backfill; and
(3) Upon completion of the project.
(b) The ROW user shall mark the site of the proposed excavation with white lining and/or flags
prior to making a request for locates and actual excavation. White lining 's not required for
excavations of more than 60 feet long unless the excavation is located in pavers,
cobblestone, pavements, sidewalks, or other public flatwork.
(c) The ROW user shall make a request for a ut I ty locate not more than 14 days and not less
than 72 hours prior to the commencement of the proposed excavation. Such request shall
be made to the state One -Call Center and the City of Corpus Christi. A request made
using the One -Call Center (811) shall be made by telephone or facsimile and shall 'nclude
the date, location extent and reason for such proposed excavation. A request to City shall
be in accordance with procedures established by the Director.
(d) The use of markers, stakes, poles, barricades or other devices shall be used in such a
way to avoid damage to adjoining property. The use of "non -washable" markers is
prohibited.
(e) The ROW user shall mark the proposed excavation site with paint and/or flags in colors
established by the One -Call System. The markings shall be placed a distance of not less
than 5 feet in all directions from the outside boundary of the site to be excavated.
All excavations shall commence within 14 days of the date of the utility locate. In the event
that the excavator fails to commence work within 14 days or the utility locate marks are
not visible at the time the excavation is scheduled to commence the ROW user is required
to request a new utility locate
(f)
(g) Compliance with the Texas Utilities Code is required at all times.
(h) All barricades, plates, cones, traffic directional equipment, and all other traffic control
devices owned by the ROW user and used on or near any excavation shall be clearly and
visibly marked with the name of the permittee and/or ROW user, as applicable, at all times
such equipment is used on or near the right-of-way. An exception to the mark rig
requirement may be made in the event the traffic control equipment is not owned by the
permittee or ROW user. Failure to mark equipment shall be a violation of this article.
(i) It shall be unlawful to place a steel plate at an excavat on without a permit. The director
may authorize as a condition of a permit the use of a steel plate as a temporary surface
for an excavation. Any such permit shall specify the length of time the steel plate is allowed
to remain in the public way. It shall be unlawful for any permittee or former permittee to
maintain or cause to be maintained a steel plate 'n the public way after the time specified
in the permit for the excavation at which the steel plate is located. Failure to use a steel
plate so marked shall be a violation of this article.
(j) A network provider conducting routine maintenance on network nodes, including micro
network nodes, or network support poles that do not require excavation or closing of
sidewalks or vehicular lanes in the right-of-way as provided for in Local Government Code
284.157, shall provide the Department notice not more than 14 days and not less than
48 hours prior to commencement of the planned routine maintenance.
S ec. 49-39-4. Maps and records of registrants.
Each ROW user must maintain accurate maps and records of its facilities. The information
shall be made available to the Department within 5 days of request by the Department. The maps
and records shall depict horizontal and vertical locations of all facilities in and near the right-of-
way. The information shall be provided in electronic format compatible with city software or shall
be subject to a conversion fee. Maps and records shall indicate horizontal location and a
description of the facility for the area involved in the permit application and 2 block radius. The
Department may have facilities located if the ROW user does not provide the requested
information In such event the ROW user shall reimburse the cost to the city to locate the facilities
S ec. 49-39-5. Notice.
Notice for purposes of this article shall be made to city via electronic message (e-mail),
overnight courier (generally used carrier with tracing available), or hand delivery with signed
receipt facsimile to the Department, or United States mail return receipt required.
S ec. 49-39-6. Registration.
All right-of-way users must register with the Public Works Department yearly. Registration,
evidence of insurance, and performance/assurance bond and sureties, if appl cable, shall be
successfully performed on a one-time basis and must be approved and on file with the city prior
to commencement of any work. A certification shall be provided to each applicant that successfully
completes the registration process. Annual registration updates shall be performed on the
ann versary of the initial registration certification. No ROW user shall be authorized to utilize the
right-of-way in any capacity or manner without registering and obtain nq the necessary right-of-
way permit from the director in accordance with the following requirements:
(a) The registration must be on a form furnished by the director and made in the name of
the public service provider that owns the facilities person or contractor working in the
public right-of-way.
(b) The names, telephone numbers, mailing address, e-mail address, of the officer or
agent designated as the person authorized to receive service of process on behalf of
the public service provider or person
(c) If the public service provider is a certificated telecommunications provider, the
certificate number issued by the Texas Public Utility Commission shall be provided
(d) The ordinance number of any franchise or license issued by the city that authorizes
the public service provider or person to use the public right-of-way.
(e) The names, mailing addresses, e-mail addresses, and telephone numbers of at least
two persons who will be general, day-to-day contacts for the Right -of -Way User. At
least one of the users must be within the city and shall be available at all times to act
on behalf of the ROW user in the event of an emergency The telephone numbers
should be accessible without the city having to pay a long distance telephone or toll
charge.
(f) Proof of existing insurance that complies with the requirements in this Article.
(g) Employee safety certification information.
S ec. 49-39-7. Employee safety certification.
The ROW user operating facilities or construct nq facilities in any public right-of-way is
responsible for the safe movement of pedestrian and vehicular traffic through the construction
area. The ROW user shall obtain certification through a city approved training organization for a
sufficient number of employees working within the right-of-way such that a certified employee is
present at the job site during construction activities. The ROW user shall meet all requirements
for barricad nq and traffic control as specified in the TMUTCD. Alternative training programs may
be submitted to the Director for c ty certification Only those individuals who are qualified by means
of adequate tra n nq in safe traffic control practices and have a basic understanding of the
principles established by applicable standards and regulations, includ nq those in TMUTCD, as
evidenced by certification, shall place and maintain the traffic control devices in the construction
area. Employee certificates shall be maintained current by ROW user at all times An employee
shall produce, upon request of an inspector or certified police officer, proof of a valid training
certificate.
S ec. 49-39-8. Reporting obligations.
All ROW users shall provide on demand, proof of any necessary permit, license, certification,
grant, registration, franchise agreement or any other authorization required by any governmental
entity, including, but not limited to, the city State or Federal Government, including a description
of the ROW user's intended use of the right-of-way information sufficient to determine whether
the ROW user is subject to franchising or licensing by the c ty, and information to determine
whether the ROW user has applied for and received any certificate of authority required by the
P UC The information provided shall be sufficient to determine that the ROW user has applied for
and received any permit or other approvals required by the FCC. ROW users shall provide all
such other information as may be reasonably required by the city to complete the registration
statement
S ec. 49-39-9. Damage to and in Public Right -of -Way.
(a) A person commits an offense for the following:
(1) Construction, excavation, cut, opening, or any act vity in, or along any public street,
alley, sidewalk, driveway, public easement or any portion of the right-of-way
without a valid permit, license, or agreement
(2) Failure to comply with restrictions or requirements of a permit, license, or
agreement issued by the City of Corpus Christi.
Damaging a public street, alley, sidewalk, driveway, or any portion of the right-of-
way beyond what is incidental or necessary to the permitted activity.
(4) Damaging the public or private facilities in, on, or along any public street, alley,
sidewalk, driveway or any portion of the right-of-way
(b) It is a defense to prosecution under subsection (a)(4) if the person complied with all of the
requirements with a permit, license or agreement City and State law and caused damage
because the facilities in question:
(1) Were not shown or indicated in a construction plan, plan of record, record
construction drawings, or field survey, or utility locate; and
(2) Could not otherwise be discovered in public street, alley, sidewalk, driveway, or
any portion of the right-of-way.
(c) A person who violates the provision of this article is subject to a Non -Compliance Fee for
each day or portion of a day during which the violation is committed, continued, authorized,
directed, or permitted.
(d) The Director has the authority to enforce violations under this section.
(3)
Sec. 49-40-1. Permit required.
It is unlawful for any person, its agents, servants or employees to excavate or cut 'n or under
any street alley, sidewalk, or driveway within the right-of-way for any purpose without first having
made application and obtained a permit as required in this article. It is unlawful for any person, its
agents, servants or employees to make or cause to be made any excavation in or under the
surface of any right-of-way for the installation, repair or removal of any facilities or for any other
purpose without first obtaining from the Director a permit in compliance with this article.
(a) Before issuing a permit, the Director shall have been provided a written application, on a
form furnished by the Director setting forth the name and residence or business address
of the applicant; the location and approximate area of the excavation, including its
approximate length and width, and, if the excavation 's in a street, whether it is parallel
or transverse to the direction of the travel lanes; and, the purpose of the excavation. The
application form shall include plans prepared in accordance with city specifications.
(b) At the time the permit is issued, the applicant shall pay a nonrefundable application fee
in an amount as provided for in this article.
(c) The proposed location, depth and other characteristics of any facilities for which the
permit is issued shall be subject to approval of the director, and all backfilling, compaction
and pavement restoration performed for any excavation shall comply with the
requirements of this article
(d) No fee or requirement authorized or imposed pursuant to this article shall be construed
to affect or alter in any way any obligation of public and private utilities with facilities
installed in any right-of-way to relocate the facilities at no cost to the city, subject to state
law, if applicable, in the event that relocation is required by the city to accommodate a
proper governmental use of the right-of-way.
Combinations of permits shall be permitted at the discretion of the director. Fees shall be
assessed based on the excavations permitted.
Subd'vision monuments, historical markers, and any other signs or structures with
foundations in the right-of-way, excluding billboards, are subject to this article.
Sec. 49-40-2. Excavation permit application.
Application for a permit shall be addressed to the Director and made on a form furnished for
that purpose, stating the name mailing address, email, and 24 hour emergency telephone
number of the applicant and owner of the facility; extent, dimensions character and purpose of
the cut or excavation to be made, the location, by street and number, 'f possible where the work
is to be done; evidence of insurance as required in this Article; and the time in which it is to be
completed. The application form shall be accompanied by the nonrefundable application feet
maps of the existing facilities in the area to the extent available, and the location of the proposed
facilities, methodology of construction; proposed start and completion dates.
(a) Joint applications. Applicants may apply jointly for permits to excavate the right-of-way
at the same time and place. Applicants who apply jointly for a right-of-way permit may
share in the payment of the permit fee. Applicants must agree among themselves as to
the portion each shall pay The city will recognize only 1 point of contact
(b) Supplementary applications. A permit shall only be valid for the area of the right-of-way
specified within the permit. No permittee may cause any work to be done outside the
area specified 'n the permit, except as provided herein Any permittee who determines
that an area greater than that which is specified in the permit must be excavated must:
(1) Make application for a permit extension and pay any additional fees required
thereby; and
(2) Receive a new right-of-way permit or permit extension.
Permits will be issued or denied within 30 working days of application. Unless granted for a
longer period, an excavation permit shall be valid for 60 days and for the dates specified in the
permit. The applicant may request the permit be yard for such longer period as may be necessary
in the circumstances, in advance as part of the application. The city may approve or deny the
application for such extended permit period. No permittee may commence work before the permit
start date or except as provided herein, may continue working after the end date. If a permittee
does not complete the work by the permit end date, the permittee must apply for and may receive
a new right-of-way permit or a permit extension for additional time. This supplementary application
must be submitted to the city prior to the permit end date.
An exped'ted permit may be requested and shall be issued within 10 working days of
application upon a showing of good cause.
Sec. 49-40-3. Issuance of permit.
Every person making application for a permit in accordance with the provisions of this article
and having complied with such provisions shall be entitled thereto, and, upon filing such
application with the director, it shall be his duty to issue the permit when the provisions of this
article shall have been complied with.
(a) Upon receiving a written application for an excavation permit and a plan prepared in
accordance with city specifications the director's designee shall set forth all
requirements, approve or disapprove the application, sign and return it to the applicant.
(b) No permit shall be transferable. A permit shall be void unless the excavation to be made
pursuant thereto is commenced within the time stated therein and the work diligently
completed.
Each permit shall state a time period for completion of all the work to be done thereunder.
The director may grant extensions of time.
(d) No person in violation of any requirement of this article shall be issued an excavation
permit nor shall any contractor or agent apply for or be issued an excavation permit on
the person's behalf, until the outstanding violation is corrected or a plan for correcton is
approved by the director The foregoing requirement is in addition to any penalty or
remedy for violation that may be imposed or sought by the city at law or equity.
(e) No work shall be done under any permit issued under this article except as stated in the
permit If the permit is allowed to expire the ROW user shall procure a new permit, paying
the applicable fee therefor as before before proceeding with any such work.
(c)
Sec. 49-40-4. Excavation to be under supervision of the director.
(a) Any ROW user engaged in making or backfillinq any excavation in any right-of-way shall
at all times while such work is in progress keep at the job location the permit or a copy
thereof, and shall, on demand, exhibit the permit to the director or designee or any police
officer.
(b) At all times while the work is in progress the ROW user shall also maintain at the lob
location traffic control devices installed in accordance with an approved traffic control
plan signs bearing the contractor's name, the name of the utility that is having facilities
installed maintained, repaired, replaced, and/or removed under, on, or above the ROW,
contact information for both the contractor and utility, and a brief description of the
permitted work Employees and contractors of the ROW user engaged in carrying out
the permitted work shall also have on their person a conspicuous identifier of the utility
for whom permitted work is being performed.
The ROW user shall protect from damage, utility conduits, sewer conduits, water
conduits, lawns, shrubbery, trees, fences, structures, or other property at, near or
encountered during the course of work. The ROW user shall determine the boundary of
the right-of-way
(d) All excavations and other construction in the streets shall be conducted so as to interfere
as little as practicable with the use of rights -of -way and with the use of private property,
in accordance with any lawful and reasonable direction given by or under the author ty
of the governing body of the city under the policy and regulatory powers of the c ty
necessary to prov'de for public convenience. The ROW user shall reasonably protect
from damage, utility facilities sewer facilities, water facilities, lawns, shrubbery trees,
fences, structures, or other property encountered in his work The ROW user shall not
trespass upon private property The ROW users shall determine the boundary between
public right-of-way and private property.
(e) All transmission and distribution structures, lines, equipment and facilities erected by a
ROW user within the city shall be so located as to cause minimum interference with the
proper use of the public rights -of -way and to cause minimum interference with the rights
and reasonable convenience of property owners who join any of the said streets.
(f) The city reserves the right to lay, and allow to be laid, electricity, sewer, gas, water and
other pipe lines or cables and facilities, as well as drainage pipes and channels and
streets and to perform and allow to be performed, any underground and overhead
(c)
(g)
'nstallation or improvement that may be deemed necessary or proper by the governing
body of the city, in across, along, over or under any right-of-way or public place occupied
by a ROW user and to change any curb or sidewalk or the grade of any street and to
maintain all of the c ty's facilities. In allowing such work to be performed by others, the
city shall not be liable to a ROW user for any damage caused by those persons or
e ntities. Nothing herein shall relieve any third party from responsibility for damages
caused to a ROW user by such third party.
If the c ty requires a ROW user to adapt or conform its facilities, or in any way or manner
to alter, relocate or change its property to enable any other corporation or person except
the city, to use, or to use with greater conven'ence any right-of-way or public place, the
ROW user shall not be requ'red to make any such changes until such other corporation
o r person shall have undertaken, with solvent bond to reimburse a ROW user for any
loss and expense which will be caused by, or arise out of such removal, change,
adaptation, alteration conformance or relocation of a ROW user's facilities; provided,
however, that the city shall never be liable for such reimbursement.
S ec. 49-40-5. Additional excavation permit.
Subsequent to issuance of a permit, if it is necessary to excavate a larger area than
originally estimated, the permittee shall at once pay to city the amount necessary to obtain
the additional permit necessary
S ec. 49-40-6. Appeal.
A right-of-way user that has been denied registration, has been denied a permit, has had a
permit revoked, or believes that fees imposed are invalid, may have the denial, revocation, or fee
imposition reviewed, upon written request as follows:
(1) Appellant shall provide, within 5 days of denial, a written notice of appeal filed with the
right-of-way manager of the Department. The notice must state the alternat'ves
available and routes explored, hardship encountered, cost comparison of other
alternatives and a statement of any other significant factors. The right-of-way manager
shall provide a written decision within 5 days of receipt of the appeal. Failure to render
a decision within 5 business days shall constitute a denial.
(2) If a further denial is given, the appellant may thereafter file a written notice of appeal
with the director with n 5 days. The notice must state the alternatives available and
routes explored hardship encountered, cost comparison of other alternatives and a
statement of any other significant factors. The director shall provide a written decision
within 10 business days. Failure to render a decision within 10 days shall constitute a
denial.
(3) If a further denial is given, the appellant may thereafter file a written notice of appeal
with the Assistant City Manager for the department within 5 business days of receipt of
the director's written decision. The Assistant City Manager shall provide a written
decision within 10 business days. Failure to render a decision within 10 days shall
constitute a denial.
(4) If a further denial is given, the appellant may thereafter file a written notice of appeal
with the City Council within 5 business days of receipt of the Assistant City Manager's
written decision. The appeal will be held at the City Council meeting within 20 business
days of receipt of the written appeal.
Sec. 49-40-7. Denial of permit.
A permit may be denied or suspended for any of the following reasons:
(1) Failure to provide proof of liability insurance acceptable to the city.
(2) Failure to secure a contractor's license or other required license.
(3) Failure to perform in accordance with the requirements of the Construction standards
or in accordance with these provisions.
(4) The excavation would be in a new street and not otherwise permitted by this article.
(5) The proposed warning or other traffic control procedures or equipment do not comply
with the requirements of the TMUTCD or the requirements of the director.
(6) The proposed activity would violate a city ordinance or State or Federal statute.
(7) The permit application contains false or misleading information.
(8) The activity would cause a public health or safety hazard.
(9) The ROW user is not authorized within the city.
(10) The ROW user is in violation of this article relative to work in progress.
DIVISION 2. TECHNICAL SPECIFICATIONS
S ec. 49-41. Energy, electric, gas, water, and sewer standards.
Technical standards for energy, electric, gas, water, sewer and storm sewer are defined in
the Construction standards.
S ec. 49-42. Compliance with safety regulations.
The permittee and ROW user shall comply with all applicable federal, state and local safety
regulations and requirements, including, by example and not limitation, the occupational safety
and health standards for the construction industry.
S ec. 49-43. Commencement and completion.
After obtain nq the permit and prior to commencing the work, the permittee shall notify the
director, and shall commence and complete all work within the time specified in the permit unless
an extension of time is granted by the director
S ec. 49-44. Safe conduct of work.
Every permittee and ROW user shall prosecute Is work diligently and in a good, safe, and
workmanlike manner and shall safeguard and protect the public using the street or right-of-way
where the work is being performed from accidents or damage by placing barriers, lights and other
sufficient safeguards around all cuts, openings and excavalons. All material, implements and
tools stored upon the premises and used in connection with the excavation shall be stored in a
safe and non -hazardous manner. All work must be performed only within the hours and days as
set forth in the Construction standards and in accordance with the requirements of the permit.
Work in res'dential areas may only occur during daylight hours. Certain commercial areas and
hospital districts are subject to noise controls and other limitations. Details are available in the
Construction standards and from the Department.
S ec. 49-45. Emergency excavations.
Nothing in this article shall be construed to prevent any person maintaining any pipe, conduit,
o r duct in or under any street, or right-of-way by virtue of any law, ordinance or permit, from
making such excavation as may be necessary for compliance with law or for the preservation of
life or property when the necessity arises, provided that the person making the excavation shall
n otify the director within 24 hours. Except as specifically provided otherwise in this article
excavations authorized by this section shall be subject to all fees and requirements of this article
S ec. 49-46-1. Traffic control safety.
In the event of non-compliance with the TMUTCD, the ROW user shall be notified in writing
of the violation In the event of continued non-compliance, the director may revoke the permit, in
addition to any other remedies available to the city
S ec. 49-46-2. Responsibility for signs, barricades and warning devices.
The ROW user working in any right-of-way is responsible for the safe movement of traffic,
both pedestrian and vehicular, through the construction area. The ROW user shall meet all
requirements for barricading and traffic control as specified in the TMUTCD.
(1) Only those individuals who are qualified by means of adequate training in safe traffic
control practices and have a basic understanding of the principles established by
applicable standards and regulations, including those in TMUTCD, may place and
maintain the traffic control devices in a construction area.
(2) The ROW user must either subcontract the barricading to a firm specializing in traffic
control or submit the qualifications and name(s) of employees to the director for
approval prior to the work commencing They must also submit a traffic control plan for
review. All signs and barricades must conform to the requirements of the TMUTCD
(3) All barricades, plates, and other traffic control equipment must conform to TMUTCD
specifications and must be inspected and approved by the director if not provided by a
traffic control firm
(4) All barricades, plates, and other traffic control equipment must display accurate and
sufficient information including the name of the ROW user.
(5) Non-compliance with the TMUTCD shall be cited in writing. In the event of non-
compliance after citation the director may place the necessary devices as required, and
the ROW user shall pay all related charges The ROW user shall reimburse the city for
all such expenses as well as a non-compliance fee. Failure to comply with this provision
may result in denial of application for future permits
(6) All traffic control devices must be removed immediately upon completion of work.
Prior to commencement of any excavation, or any work relative to a permit, the ROW user
shall install at the work site an informational sign in conformance with the requirements of the
Construction standards.
S ec. 49-46-3. Duty to barricade.
At all times during construction activity, the contractor and/or ROW user, as applicable, shall
place and maintain all necessary and proper barriers and other safeguards including watchmen
certified in accordance with the safety training described in this article if necessary, upon and
around the work for the prevention of accidents and after daylight hours, shall place, maintain
and keep suitable sufficient lights, in accordance with the TMUTCD.
Sec. 49-46-4. Duties of persons making excavations or creating obstructions.
Any person who shall cause to be made any excavation or obstruction in any street or right-
of-way may not suffer the same to remain there beyond a time reasonably sufficient for the
completion of the work and/or removal of the obstruction, and shall repair the subject portion of
such street, or right-of-way so as to restore the same to its condition prev'ous to the making of
such cut or obstruction. It shall be the duty of such excavators to protect the area while such
condition exists and promptly to repair the same so as to leave the street or right-of-way in as
good condition as before the excavation.
Sec. 49-47-1. Excavation in new or streets in good condition.
The perm'ttee shall complete pavement restoration of the excavated area within 30 days on
arterial and collector streets and within 30 days on residential and alley streets after final backfill
is completed and accepted by the director. The perm'ttee shall conduct the work w'th a minimum
d'sturbance to existing utilities and shall coordinate all work in or near the existing utilities with the
utility owners.
(a) Excavation in new asphalt pavement streets and alleys. There shall be no excavation in
new streets, as defined in this article, w'thout a variance from the director Any request for
a permit to excavate a new street shall include a descript'on of the proposed work and
proposed restoraton of the area, per requirements by the Director or defined in the
Construction standards, as well as a statement as to why alternate procedures cannot or
should not be used in lieu of excavating a new street.
(1) The minimum width of restoration for excavations granted in new streets shall
extend from the full width of impacted lane(s) up to curb to curb on any street.
(2) Any street (0-6 Years and PCI >_ 80). For excavations granted in new streets, the
length of restoration shall extend a minimum of 25 feet beyond the edge of the
excavation. The age 's measured from the date of acceptance by the City. The
overlay thickness shall match the existing pavement section at a minimum.
(3) The final surface shall be in accordance with Construction standards.
(4) The Director may require additional restoration limits, in addition to the minimum
lengths defined in this article for diagonal cuts or perpendicular cuts 10 feet or less
apart.
(5) Permittee shall be required to submit a Letter of Variance if restoration is proposed
to vary from the Construction standards.
(b) Permitted Excavation in streets and alleys.
(1) A permit shall be granted in accordance with this article for streets and alleys with
a pavement condition index less than 80 or greater than 6 years in age The age
is measured from the date of acceptance by the city
(2) Streets and alleys (> 6 years or PCI < 80). The width of restoration limits shall be
the full lane, at minimum. The length of restoraton shall extend a minimum of 10
feet beyond the outermost edge of excavation. The overlay thickness shall match
the existing pavement section at a minimum. Trench requirements shall comply
with the Construction standards.
(3) The final surface shall be in accordance with Construction standards.
(4) A permit holder shall perform jacking and boring operations in a manner that does
not weaken or impair the right-of-way upon completion of restoration of the
excavation
(5) Excavation in all streets in good condition regardless of age should not occur
without prior approval of the director. Streets assigned a PCI of 70 or above by the
pavement management system are deemed to be in good condition and are
subject to the review procedures of excavation of new streets.
(6) Restoration of the excavated area of streets in good condition shall be in
accordance with this article.
(7) The D'rector may require additional restoration limits, in addition to the minimum
lengths defined in this article for diagonal cuts or perpendicular cuts 10 feet or Tess
apart.
(c) Excavation in Portland Cement Concrete (PCC) pavement surface. If the existing
pavement is PCC, the concrete shall be cut frst with a saw to a minimum depth of half the
thickness of the concrete which shall also cut the reinforcing steel The concrete can then
be broken out with an a'r chisel or pavement breaker. No more than 6 inches of PCC shall
be broken back beneath the saw cut. Any street excavation/cut shall repair the impacted
trench and replace full panels, at minimum. Further criteria is set forth in the Construction
standards. The guidelines for jacking and boring are set forth in the Construction
standards.
Sec. 49-47-2. Variances/exemptions.
A permittee or ROW user may request a variance from any of the requirements of this article
by f ling a written request with the director stating the requirement and the basis for the variance.
Incomplete variance requests may be rejected The applicant shall bear its own expenses of the
application process.
(1) Any request for a variance from any right-of-way restoration requirement shall be made
in writing in advance of any contemplated work and shall be accompanied by digitally
formatted detailed plans of the substituted reconstruction and/or repair of the excavated
area, if applicable.
(2) Any request for an exemption from any penalty or fee other than as prov'ded in this
article shall be made in wntinq and shall be accompanied by a written detailed request
stating the reasons why a variance or exemption should be granted.
(3) Any request for an exemption from any permit or any other requirement of this article
shall be made in writing and shall be accompanied by a written detailed request stating
the reasons why a variance or exemption should be granted
(4) The Department shall grant or deny an application for a variance within 10 days of
receipt of the application for variance.
(5) Denial of the variance may be appealed in accordance with the appeal section of this
article.
Sec. 49-47-3. Exception for driveways, irrigation, sprinkler and residential purposes.
(a) This article shall not be applicable to excavations which are not in the pavement and are
solely for the purpose listed below:
(1) Installing a sprinkler system for one or more single or two-family residential units.
(2) Construction, reconstruction, alteration, removal, repair or replacement of
driveway approaches sidewalks or curb and gutter on local, residential streets
for a single or two-family residential dwelling unit.
(b) This article shall apply to construction of driveway approaches and curb and putter on
collector or arterial streets if excavation of the street is required for installation or repair.
(c) Denied permits may be appealed as set forth in this article.
S ec. 49-48-1. Lawful use of right-of-way.
(a) The use of the right-of-way in any manner which violates federal, state, or local laws, or
city codes and regulations, including, without limitat'on, those relating to health, safety,
noise, environmental protection, waste disposal and water and air quality is prohibited.
All permittees shall provide satisfactory evidence of compliance with the foregoing upon
request of the city.
(b) Permittee shall dispose of all material removed from the right-of-way and any waste
created by permittee in compliance with all state, federal and local laws and requirements.
(c) If a permittee discovers any contaminated, regulated or hazardous materials in the right-
of-way, permittee shall be responsible for environmental assessment, excavation testing,
transportation, and disposal of any such contaminated or regulated material in accordance
with applicable law, or the permittee may elect to abandon the contaminated area of the
right-of-way and reroute around the contaminated area. The permittee shall promptly
notify the city in writing of the condition.
S ec. 49-48-2. Tree trimming and graffiti abatement.
Permission is granted to a ROW user, subject to the requirements of Chapter 53 Vision and
P assage Obstructions, which may be amended from time to time, to trim trees upon and
overhanging the public right-of-way, so as to prevent the branches of such trees from coming in
contact with a ROW user's facilities. When so directed by the city, the tree trimming shall be done
u nder the supervision and direction of the city. The city shall report damage or vandalism to the
ROW user's facilities as soon as practicable after city discovers or learns of such event The ROW
u ser shall make the necessary repairs or restoration, including cleaning of graffiti, within 48 hours
after the ROW user discovers or learns of any misuse, destruction, damage, or vandalism to its
facilities.
S ec. 49-48-3. Conformance with City Master Plans.
A ROW user shall consult the city's master plans for transportation and utilities prior to the
acquisition of any interest in real property in the city for the installation or relocation of service
lines or other equipment or facilities along or adjacent to any street, r'ght-of-way thoroughfare,
highway, or any proposed street, right-of-way highway or thoroughfare to attempt to minimize
any future conflict regarding the location of such facilities. All ROW users are charged at all times
with construct ve notice of the master plans subsequent to the effective date of the ordnance from
which this article derives The city shall have no Iiabil ty for the value of or loss by a ROW user of
any improvements constructed 'n the area shown in the master plan subsequent to the effective
date of the ordinance from which this article derives
S ec. 49-48-4. Rights in the event of abandonment.
In the event the city closes, vacates, abandons or conveys any right-of-way containing
facilities of the ROW user, any such closure, vacation, abandonment or conveyance of land shall
be subject to the rights of the ROW user.
S ec. 49-48-5. Supervision by city of location of poles and conduits.
All poles in the (ghts-of-way shall be of sound material and straight, and shall not interfere
with the flow of water in any gutter or drain, and shall be placed so as not to unduly interfere with
either vehicular nor pedestrian travel. The location and route of all conduits, fiber, cables, and
utilities, and facilities placed and constructed by a ROW user in the construction and maintenance
of its system in the city shall be subject to the reasonable and proper control, direction and
approval of the city. Any "non-standard" placement of poles, stubs, guys and anchors is subject
to all provisions of this article. Any "standard" placement of poles, stubs, guys, and anchors is
exempt from this article. ' Standard" is defined by the provisions of the Construction standards.
S ec. 49-48-6. Attachments to poles.
(a) Nothing shall obligate or restrict a ROW user from exercising its rights to enter into pole
attachment, pole usage joint ownership or other wire space or facilities agreements with
light and/or power companies or with other wire -using companies authorized to operate
within the city.
(b) A ROW user shall utilize exist nq poles, conduits, and other facilities whenever reasonably
and/or economically possible Prior to the utilization of any right-of-way for the placement
of any of its facilifes, the ROW user shall make available to the director any utility pole
usage agreement with each utility within the city currently owning poles, conduits, and
other facilities, whose poles, conduits and facilities are to be used
(c) Where anticipated construction activities will involve service pole re -enforcement or
replacement, network providers shall notify the city right-of-way manager before
submitting application materials Replacement pole must comply with Texas Department
of Transportation specifications and standards, Texas Manual on Uniform Traffic Control
Devices requ'rements, and applicable federal or state standards. Prior to construction,
network provider shall agree that all re -enforced or replaced service poles will be owned
by the city. Where a traffic signal pole is reinforced or replaced, the traffic signal must
remain operational throughout construction and if necessary, network provider must
provide a temporary signal trailer or other temporary pole during construction.
S ec. 49-48-7. Temporary rearrangement of aerial wires.
The ROW user shall rearrange its transmission media temporarily as necessary to permit
the moving of houses or other bulky structures The request nq parties shall pay the reasonable
and necessary expense of such temporary rearrangements. The ROW user may require payment
in advance. The ROW user shall be given not less than 5 days advance notice to arrange for such
temporary rearrangements. The ROW user shall remove its transmission media in connection
with the demolition of unsafe structures including emergency or ordered demolitions at no cost
to the city. The ROW user may invoice third parties for the cost of this work where applicable.
S ec. 49-49-1. Backfill of excavated area.
(a) Open trenches may be temporarily backfilled for the convenience of the permittee or the
public safety. At least 48 hours prior to beginn nq permanent backfill operations the
permittee shall notify the director of the time the backfill will begin.
(b) All excess water and mud shall be removed from the trench prior to backfillinq. Any backfill
placed during a rainy period or at other times, where excess water cannot be prevented
from entering the trench, will be considered temporary and shall be removed as soon as
weather permits. All disturbed base material or any base that has been underm'ned shall
be removed and discarded. The new roadway base material shall be a minimum depth of
6 inches asphalt treated base or other approved roadway base material as detailed in the
Construction standards
Sec. 49-49-2. Restoration of pavement.
Unless otherwise specified in the permit, restoration of the asphalt pavement of any street
alley right-of-way or other public place shall be performed by the permittee or by the city, upon
request by the permittee. Nothing in this section shall relieve the ROW user from the responsibility
to maintain the excavation or installation in a safe condition until it is repaved by city or otherwise
restored. In addition to all other applicable fees or charges if the ROW user or permittee making
the excavation requests repaving by the city, the ROW user shall pay for repaving at a rate to be
established by the city
(1) No trench shall be opened in any street for the purpose of laying pipes conduits or ducts
more than 400 feet in advance of the p'pe, conduit or ducts being placed in the trench,
other than with the prior written consent of the director.
(2) All excavations shall comply with the standards and requirements established from time
to time by the director for compaction, backfill and pavement restoration.
(3) Any excavated pavement, debris and other rubble shall be removed, together with any
surplus material within 1 work nq day from the time such material is placed upon the
street After backfillinq is completed, and prior to repaving the cut the ROW user shall
remove all loose paving material and trim the edges of the excavation at the street surface
to the satisfaction of the director.
(4) Whenever any caving occurs in the sidewalls of any excavation the pavements above
such caving shall be cut away trench backfilled and pavement restored in accordance
with the Construction standards. In no case shall any side or lateral tamping fill any void
under a pavement.
Sec. 49-49-3. Excavation specifications.
All excavations shall be made 'n accordance with plans submitted with the permit application
and in accordance with specifications set forth in the Construction standards. All plans shall be
prepared in accordance with all city specifications and the Construction standards. All excavations
shall be repaired in such a way so as not to become depressed, cracked broken, or in any way
fail during the remaining "life of the street " The remain nq "life of the street' for this purpose shall
be until the PCI index drops to below 80 or until the subject area is repaved by the city or other
entity. Additional specifications may be contained in the Construction standards.
Sec. 49-50. Cleanup of right-of-way.
In every case and at all times, the work of removing from the right-of-way all obstructions,
surplus materials, debris and waste matter of every description caused by and accumulated from
the excavation shall be the responsibil ty of the ROW user. The ROW user shall clean the
surrounding area as outlined above, within one day upon completion and approval of all trench
work and pavement restoration unless the director, in the director's sole discretion, grants an
extension of time.
S ec. 49-51-1. Substandard repair of pavement or right-of-way.
In case the pavement or the surface of the street, alley, or right-of-way in, over or near any
excavation should become depressed, cracked, or broken any time or fails in any way at any time
after the excavation has been made and during the remaining life of the street, the ROW user
shall comply with any applicable obligations of this article, including, without limitation,
reimbursement to city of the cost to restore the street or right-of-way
S ec. 49-51-2. Failure to complete work within specified time.
In the event any work governed by this article is not completed by the ROW user within the
time required or in accordance within the specifications required herein or by the director, the
director may cause such work to be performed as is necessary to secure the work area to a safe
and passable condition The ROW user shall reimburse the city for the costs of securing the site.
S ec. 49-52. Permanent pavement repairs.
All permanent pavement repairs shall be made under 1 of the following methods:
(1) Permanent pavement repairs by city. If the city is to make the permanent pavement
repairs, the ROW user shall maintain the excavated area for a period of 2 weeks after
acceptance by the director. After the two -week period, the city will be responsible for
maintaining the excavated area until final restoration is made. Backfill failures shall
remain the responsibility of the ROW user The ROW user shall reimburse the city for
all costs of any backfill failure before and/or after permanent pavement repair.
(2) Permanent pavement repairs by ROW user. If the ROW user is authorized to make
permanent pavement repairs, the ROW user w'll maintain the excavated area until
permanent pavement restoration of the excavated area is complete. The ROW user
shall make final repairs within 30 days on arter'al and collector streets and within 30
days on residential, local and alley streets after the director makes final inspection.
Backfill failures shall remain the responsibility of the ROW user
S ec. 49-53-1. Inspection.
The permittee shall make the work -site accessible to the city, and others as authorized by
law, for inspection at all reasonable times during performance of the work.
S ec. 49-53-2. Materials testing.
The Department may require testing of materials used in construction 'n or near the right-of-
way to determine conformance to required specifications, 'ncludinq, but not limited to, compaction
tests on backfill materials subgrade, aggregate base course Portland concrete (rigid pavement),
asphaltic concrete (flexible pavement) and other construction materials as deemed necessary by
the Department.
S ec. 49-54-1. Cease work.
At any time, the director may order the immediate cessation of any work wh'ch poses a threat
to the health safety or well be ng of the public. The director may revoke the permit of any
permittee in any instance where there is a threat to the health safety or well being of the public.
S ec. 49-54-2. Requirements.
The director may issue a written notice to the permittee indicating work that does not conform
to the terms of the permit, applicable standards, conditions, or codes, or other applicable
regulation. Within 10 days after issuance of written notice, the permittee shall present proof to the
director that the violation has been corrected If such proof has not been presented within the
required time the director may revoke the permit. If the repairs are not timely made, the director
shall at once make or cause the repairs to be made at the expense of the permittee.
S ec. 49-54-3. Reporting.
When the work under any permit hereunder is completed, the permittee shall furnish the
director a completion certificate.
S ec. 49-54-4. Revocation of permit.
The city reserves its right, as provided herein, to revoke any permits, without refund of the
permit fee, in the event of a breach by the permittee of the terms and/or conditions of the permit
or of th's article or any city ordinance. A breach of the terms of the permit shall include, but not be
limited to the following:
(1) The violation of any provision of the permit;
(2) An evasion or attempt to evade any provision of the permit, or the perpetration or attempt
to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of any fact in the permit application;
(4) The failure to meet insurance, surety bond, or indemnification requirements;
(5) The failure to complete the work in a timely manner;
(6) The failure to correct a condition indicated on an order issued pursuant to this article;
(7) Repeated traffic control violations;
(8) Failure to repair facTties damaged in the right-of-way; or
(9) Violation of any part of this article.
If the director determines that the permittee has committed a breach of any law or condition
of the right-of-way permit the director shall make a written demand upon the permittee to remedy
such violation. Continued violation may be cause for revocation of the permit, or legal action, or
both. The director may revoke the permit provide specifications to cure the breach, or both. Within
5 calendar days of receiving notification of the breach, permittee shall contact the director with a
plan acceptable to the director for correction of the breach Permittee's failure to do so or
permittee's failure to timely implement the approved plan shall be cause for revocation of the
permit
Sec. 49-54-5. Work done without a permit.
No cut, excavation, grading or disturbing of the right-of-way in any way shall be made other
than excavations necessary for emergency work without first securing a permit. No person or
ROW user shall at any time open or encumber more of the right-of-way than shall be reasonably
necessary to complete a project in the most expeditious manner.
Sec. 49-54-6. Right-of-way restoration requirements.
The work to be done pursuant to the permit and any repair and subsequent restoration of the
right-of-way must be completed within the dates specified in the permit In the event of
circumstances beyond the control of the permittee or when work is prohibited by unseasonable
or unreasonable conditions, the director may extend the dates on receipt of a substantiated
supplementary application, includ nq the nonrefundable application fee established pursuant to
this article and indicating the number of additional days needed for final completion for a permit
extension. All earth, materials sidewalks, paving crossing, or improvements of any kind which
are owned or possessed by city and damaged, disturbed, or removed by a ROW user shall be
fully repaired promptly by the ROW user at its sole expense, to the reasonable satisfaction of the
director.
(1) After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench
envelope, pavement structure and the surrounding area, to the same or better condition
than it was prior to the excavation. The restoration shall be made in accordance with
specifcations set forth in the Construction standards and the repair shall endure without
failure for the remaining life of the street, as such period is described in this article.
(2) In the event the ROW user fails to restore the right-of-way in the manner and to the
condition required herein, or fails to satisfactorily and timely complete all restoration, the
city may at its option serve written notice upon the ROW user that, unless within 5 days
after serving of such notice a satisfactory arrangement can be made for the proper
restoration of the right-of-way by the ROW user, the city may take over the work and
prosecute same to completion, by contract or otherwise, at the expense of the ROW user,
and the ROW user and its surety shall be liable to the city for any and all cost 'ncurred by
the c ty by reason of such prosecution and completion, includ nq, without limitation, the
applicable public inconvenience penalty Nothing contained herein shall limit any other
remedies available to the city.
If any excavation cannot be back -filled immediately, the ROW user shall securely and
adequately cover the excavation and maintain proper barricades, safety fencing and/or
lights as required, from the time of the opening of the excavation until the excavation is
surfaced and opened for travel
(4) In all right-of-way restoration, the ROW user guarantees its work and shall maintain it for
the remaining life of the street following completion of the restoration. During the period
following completion, the ROW user shall, in the event of any failure of the restoration,
u pon notification from the director, reimburse the city for pavement restoration costs.
Additionally, the ROW user, in the event of such failure, shall within 48 hours of notice
from the city, repair the subject trench envelope.
All repairs, for streets or right-of-way of any PCI are guaranteed by the excavator making
the repair, and the excavator causing the repair to be made, for the "life of the street " The
"life of the street" for these purposes is defined to be until such time as that certain street
o r right-of-way is repaved by the city or another, in the same location as the excavation,
o r until such time as the PCI index of such street or right-of-way drops to below 80.
(6) The life of the street" guarantee period shall be applicable to failure of the pavement
surface as well as failure of the trench envelope. Notwithstanding remediation of the
pavement structure by city, the ROW user retains repair responsibility at all times during
the guaranty period for the trench envelope
Excavations in streets and/or right-of-way on arterials and collectors with PCI values of 80
o r higher and less than 2 years of age shall be deemed 100 percent Toss of pavement life
(3)
(5)
(7)
These excavations require i) Block to block and curb to curb pavement reconstruction, ii)
Use of a hot mix asphalt repaving process, or iii) Such other method of repair as the
director approves, for all cuts. Specifications are available in the Construction standards.
(8) A right-of-way user whose work is completed by the city shall, on completion of the work
and according to the certified bill of the cost thereof to be prepared by the director, pay to
the city, on its order, the amount of the certified bill as reimbursement for such work.
S ec. 49-54-7. Excavations not in accordance with permit declared unlawful.
(1) It shall be unlawful for any person to make, cause or allow to be made, any excavation, or
to install, cause or allow to be installed any tank, pipe conduit, duct, tunnel, utility pole or
other utility or appliance in or under the surface of any street, alley, sidewalk, right-of-way
or other public place, at any location, other than that described in the application for the
permit and as shown on the plans filed with the director, and in accordance with the
requirements of the permit If the circumstances appearing after the excavation begins
make it impossible to comply with the permit, the director may grant a waiver to take the
circumstances into account.
(2) Failure to comply with requirements set forth in the article or on any permit shall be cause
for revocation of the subject permit and of any other permits held by the same permittee
until the violations have been corrected or the director has approved alternative
requirements
S ec. 49-54-8. Removal and reconstruction where work defective.
All construction work in the streets, right-of-way, sidewalks and public places of the city is
declared to be subject to the exclusive control of the city, and whenever, in the opinion of the
director, any such work shall not have been duly completed within a reasonable time or shall have
been executed in a defective manner, whether because of bad workmanship or materials or
because not true to the lines or grades or specifications therefor given to him by the director, then
upon written demand or notice from the director, such ROW user or contractor shall promptly
remedy complete or remove and reconstruct such incomplete or defective work all as the director
may require and these provisions shall also apply to ail repair and maintenance work If the
contractor or ROW user shall fail or refuse to do so within a reasonable time to be specif ed by
the director, then, if the director shall so order, such work shall be completed or corrected or
removed and wholly or partially reconstructed by the city, in such manner as in the opinion of the
director may be necessary to make such work as good as originally required, and such work may
be done by contract or otherwise, under the direction of the director
S ec. 49-55-1. Location and relocation of facilities.
Subject to applicable federal, state, and local law, the ROW user shall, upon the request of
the city, locate and/or relocate its facilities situated within any right-of-way at no expense to the
city, where reasonable and necessary to accommodate street construction, widening or public
improvement projects of the city. When relocation is necessitated by federal government
requirements, and includes reimbursements the city will reimburse applicant for its proportionate
share from funds provided the city in such reimbursements.
S ec. 49-55-2. Pre -excavation facilities location.
The ROW user shall contact the One Call Center (811), so long as that center is in existence
and utilized by the city, or such other center at the time utilized by city, at least 48 hours prior to
excavation The ROW user shall protect and support all utility facilities during construction. The
ROW user shall also contact the City of Corpus Christi per regulations provided in the
Construction standards.
S ec. 49-55-3. Relocation of facilities for city.
In the event the city finds it necessary to move a ROW user's equipment to protect it city
shall notify the local representative of the ROW user. ROW user shall promptly move or facilitate
the relocation of the subject facilities at ROW user's expense. Relocation must comply with
Chapter 49, Article VIII. - Management of Rights -of -Way.
S ec. 49-55-4. Right-of-way vacation and reservation of right.
In the event of vacation of a right-of-way requiring the relocation of facilities, the ROW user
being relocated shall pay the costs of the relocation where the ROW user does not own an
easement or other real property interest.
S ec. 49-55-5. Abandoned facilities.
A ROW user owning abandoned facilities in the right-of-way shall:
(1) Remove its facilities and repair, at its expense, any damage caused by the removal. The
director may allow some or all facilities to remain if the director determines same is in the
best interest of the public to do so; or
(2) Provide information satisfactory to the city that the ROW user's obligations for its facilities
in the right-of-way have been lawfully assumed by another authorized ROW user.
Abandonment must comply with Chapter 49, Article VIII. - Management of Rights -of -
Way.
S ec. 49-55-6. Routing and spatial assignment.
The city reserves the right, in the permit or otherwise, to restrict or determine the route
(pathway) and/or spatial location whether horizontal, vertical or depth, of any facility and/or
structure or improvement in the right-of-way.
(3)
DIVISION 3. COSTS, FEES AND ENFORCEMENT
S ec. 49-57-1. Fees.
(a)
Right-of-way (ROM user registration fee. There is a fee of $45.00 per right-of-way user
per year for processing registration information, which fee will be collected upon
registration.
(b) Permit application fee. There is a permit application fee of $95.00 for each right-of-way
application. Permits shall be issued or denied within 30 business days of complete
application submittal. The fee is paid by an applicant upon application. The fee includes
1 inspection. Permit applications to modify and/or repair a driveway approach, sidewalk,
and/or curb and gutter do not include an application fee.
Emergency permit application fee. There is a permit application fee of $145.00 for
e mergency or expedited permits. The fee is paid by an applicant upon application. The
fee includes 1 inspection.
Planned right-of-way (ROW) fee. Excavations in c ty right-of-way are subject to the ROW
o perator fee, permit application fee, and daily fee planned right-of-way fee per day per
project permit. The planned right-of-way fee shall be subject to a tier rate that is based
on the number of days estimated by the applicant in the application. In the event the
excavation takes longer than the days estimated, the applicable tier rate shall be applied
to the total number of days required to complete the project. The fee is paid by an
applicant prior to permit issuance.
(1) Tier 1: $60.00 per day, anticipated number of days to complete work zero to 60
days.
(2) Tier 2: $90.00 per day; anticipated number of days to complete work 61 to 120
days.
(3) Tier 3: $120.00 per day; anticipated number of days to complete work 121 to 180
days.
(4) Tier 4: $150.00 per day; anticipated number of days to complete work greater than
180 days.
(e) Barricade fees. Closure of city streets to install or repair sidewalks or driveway
approaches, perform work above ground, or closure of right-of-way abutting buildings
shall be assessed on a per square foot of closure per day $0.0629. The fee is paid by an
applicant prior to permit issuance.
Parking meter removal or bagging fee. There is a one-time fee for each parking meter
removed or temporarily bagged of $28.50 The fee is paid by an applicant prior to permit
issuance.
Re-'nspection fee. A re -inspection fee of $75.00 per hour shall be assessed if repairs to
the ROW do not pass initial inspection. Overtime inspection fees are incurred at a rate
of $100.00 per hour after business hours, on weekends, and holidays. The fee is paid by
an applicant prior to inspection.
(h) Non-compliance fee A fee of $1,500.00 per day shall be assessed to the violator for any
work performed without a permit, for any permit that has not been extended before its
exp'ration date, and for any permit wherein work has not been completed by the
exp'ration date provided for in the permit. The fee shall be paid within timeframe provided
on notice from the city.
Traffic plan rev"ew fee. Review of construction plans as part of a private development
shall be assessed and paid by an applicant upon application based on the following tier
system.
(1) Level 1: $204.00 for developments less than 1 acre.
(2) Level 2: $256.00 for developments between 1 and 5 acres.
(3) Level 3: $459.00 for developments greater than 5 acres.
(j) Traffic study fee. Review of traffic studies for private developments including traffic
impact analyses urban transportation plan amendments, and access management shall
be assessed and paid by an applicant upon application based on the following tier
system:
(1) Level 1: $400.00 for developments less than 1 acre.
(2) Level 2: $700.00 for developments between 1 and 5 acres.
(3) Level 3: $900.00 for developments greater than 5 acres.
(I)
S ec. 49-57-2. Penalty for violation of this article.
Each violation of this article shall be punishable by a payment of the Non -Compliance Fee.
Each day during which a violation continues shall be deemed a separate violation of this article.
Any fees that are collected pursuant to this section shall be paid prior to permit issuance or
continuation of work after notice of violation.
S ec. 49-57-3. Clean up costs.
The ROW user shall maintain the area on and around the excavation and related work in a
clean safe and orderly fashion at all times during conduct of the excavation and shall clean the
same area upon completion of work.
DIVISION 4. INDEMNIFICATION, INSURANCE, BONDING, AND LIABILITY
S ec. 49-58-1. Liability of right-of-way user.
The right-of-way user shall be liable to the city for any damage or loss occasioned by any
act or omission occurring in connection with the excavation or construction, and subject to state
law, the ROW user shall FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, its officers
and employees from and against any and all suits, actions, judgments, losses, costs, demands,
claims expenses (including attorney's fees), damages, and liabilities of every kind to which the
city its officers or employees may be subjected for injury of any type, death or property damage
arising from or connected with any such act or omission. City shall promptly notify a permittee, or
ROW user, at the address set forth 'n the permit or last known address, of any claim or suit
served upon the city and alleging negligent or wrongful conduct by the permittee or ROW user in
connection with an excavation.
S ec. 49-58-2. Insurance.
(a) Right-of-way users shall furnish an original completed certificate of insurance or the city's
standard certificate of insurance form to the city s public works department, which shall
be completed by an agent authorized to bind the named underwriter(s) and their
company to the coverage, limits, and termination provisions shown thereon, and which
shall furnish and contain all required Information referenced or indicated thereon. The
o riginal certificate(s) or form must have the agent's original signature, including the
signers company affiliation, title and phone number. The city shall have no duty to pay
o r perform under this article until such certificate shall have been delivered to the city's
pubic works Department, and no officer or employee other than the city's risk manager,
shall have authority to waive this requirement.
(b) The city reserves the right to review the insurance requirements of this section to modify
insurance coverage and their limits when deemed necessary and prudent by the city's
risk manager based upon changes in statutory law, court decisions, or circumstances
surrounding this article, but in no instance will the city allow modification whereupon the
city may incur increased risk
(c) Subject to the right-of-way user's right to maintain reasonable deductibles in such
amounts as are approved by the c'ty, right-of-way users shall obtain and maintain in full
force and effect for the duration of the permit, and any extens'on thereof, and/or duration
of time it maintains facilities in the public right-of-way, at the right-of-way user's sole
expense 'nsurance coverage written on an occurrence basis by companies authorized
and admitted to do business in the State of Texas and acceptable to the city.
(d) For joint applications and permits, the coverage required in this section may be provided
by a policy jointly covering all of the applicants or by separate proofs of coverage for each
applicant or permittee.
(e) The city shall be entitled, upon request and without expense, to receive copes of the
policies and all endorsements thereto as they apply to the limits required by the city, and
may make a reasonable request for delefon, revision, or modification of particular policy
terms, conditions, lim'tations or exclusions (except where policy revisions are established
by law or regulation binding upon either of the parties hereto or the underwriter of an
such policies). Upon such request by the city, the rights -of -way user shall exercise
reasonable effort to accomplish such changes in policy coverage, and shall pay the cost
thereof.
(f) Right-of-way users shall ensure that all insurance contracts and certificate(s) of
insurance contain the following required provisions:
(1) Name the city and its officers employees, volunteers, agents, and elected
representatives as additional insureds with respect to the operations and activities
of or on behalf of, the named insured performed in the right-of-way under provision
of this article, with the exception of the professional liability, workers' compensation
and liability policy; and
(2) Right-of-way user's insurance shall be deemed primary with respect to any
insurance or self-insurance carried by the city; and
(3) Provide for an endorsement that the "other insurance" clause shall not apply to the
city where the city is an additional insured shown on the policy; and
(4) Workers' compensation and employers liability will provide for a waiver of
subrogation in favor of the city.
Right-of-way user shall notify the city in the event of any notice of cancellation, non -
renewal or material change in coverage and shall give such notices not less than 30 days
prior to the change or 10 days notice for cancellation due to non-payment of premiums,
which notice must be accompanied by a replacement certificate of insurance.
(h) Nothing herein contained shall be construed as limiting in any way the extent to which
the right-of-way user may be held responsible for payments of damages to persons or
property resulting from the right-of-way user's or its subcontractors performance of the
work performed in the public right-of-way.
The city owned utilities and facilities shall not be required to provide the insurance
specified herein.
(j) With respect to the right-of-way user s obligation to comply with the requirements for
Commercial General (public) Liability Insurance coverage to include pollution coverage,
the city may allow the right-of-way user to self -insure upon annual production of evidence
that is satisfactory to the city's risk manager. With respect to the right-of-way user's
obligation to comply with the requirements for automobile liability insurance and for
workers compensation insurance, a right-of-way user may self -insure provided the right-
of-way user tenders satisfactory evidence of self-insurance as contemplated by the State
motor vehicle financ'al responsibility law, Tex. Transp Code § 601.124 and the Texas
Workers' Compensation Act, Tex. Labor Code § 407.001 et seq.h)
(g)
(i)
DIVISION 5. CERTIFICATED TELECOMMUNICATION PROVIDERS
S ec. 49-59-1. Certificated telecommunications providers authority required/non-exclusive
u se.
A CTP must provide evidence that the CTP has acquired authorization from the Texas Public
S tility Commiss on pursuant to state law, prior to obtaining a permit to use pubic rights -of -way.
The CTP's right to use and occupy the public rights -of -way shall not be exclusive and CTP
recognizes the city's right to exercise its police powers and manage its public rights -of -way based
o n the Act and all other State or Federal laws.
S ec. 49-59-2. Additional authority required.
The CTP and any of its affiliates are not authorized to provide cable television service as a
cable operator or to operate an open video system in the city but must first obtain a separate
franchise agreement from the city for that purpose, under such terms and conditions as may be
required by law. This section does not preclude the CTP from providing its services to cable
television compan'es. Unless a cable television operator shows proof of approp(ate city
authorization, nothing herein shall authorize the CTP to license, sublicense, lease, sublease or
by any instrument authorize any cable television operator the right to use or utilize the
transmission media or facilities of the CTP.
S ec. 49-59-3. Transfer and notice.
A CTP shall notify the director and the city's supervisor of public utilities of any sale, transfer,
merger or assignment of the ownership or control of a CTP's business within at least thirty (30)
days of such sale, transfer merger or assignment A CTP shall also maintain and provide current
point -of -contact information with the director and the city's supervisor of public utilities at all times
during which the CTP uses the right-of-way.
S ec. 49-59-4. Exemption from fees.
Certificated telecommunications providers are exempted from the following fees provided for
in this article:
(1) Permit application fee, including expedited application fee, and permit expiration fee.
(2) Additional excavation permit fee.
(3) Inspection fee.
S ec. 49-59-5. CTP indemnity.
A CTP shall indemnify the city as specified by § 283.057 of the Texas Local Government
Code, as may be amended. A CTP shall be exempt from all indemnity requirements of this article
that are inconsistent with § 283.057.'
S ECTION 4. City Code of Ordinances, Chapter 53 Traffic, Article
VI Standing and Parking, Division 4 Parking Meters is revised to repeal Section 53-195 as it
conflicts with Chapter 49 Article III of the City Code.
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for the express use of contractors for the erection, construction, repair, or remodeling of
central busine's district, the following procedure and charges shall apply:
(1) There shall be a permit fec/service charge of eighty five dollars ($85.00) for use of
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lanes, sidewalks and alleys levied against thc contractor. Such charge will be used to
offset the cost in preparation of street closure or meter rental permits, thc covering of
parking meters, preparation of a traffic handling plan, and secretarial time for
processing of billings.
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of one and one half cents ($0.015) a square
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ninc tenths cents ($0.029) a square foot per day (minimum charge of two dollars and
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equipment or barriers in the roadway to the face of curb or edge of pavement (in the
case of curbless streets). For temporary restrictions and reservation of parking at
meter spaces which are to be hooded, no more than five (5) metered spaces would be
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ics. "Parking lane" as used in
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(3) For occupancy of traffic lane and sidewalk/alley space, there would be an assesses
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right of way line (property line). In the case of alley space, if all or part of the alleyway
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for the full right of way of the alleyway. "Sidewalk" as used in this section shall bo
defined as any portion of the street between the curb or the lateral line of the roadway
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pedestrians.
street adjacent to the building for which a const•
accordance with thc provisions of section 2101.1 of the building code. Requests for
full closure of the street for any period of time exceeding eight (8) continuous hours of
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1
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occupancy of
the
street
in
the
third
('/)
limit
be
excess of one width maximum shall
(5) Charges for metered parking space occupancy are applicable to weekdays only.
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(6) Whenever parking meters and their support pipe must be removed, there will be a
charge of twenty-six dollars and twenty five cents ($26 25) for the first meter removed
(7) All of the above charges shall be collected by thc department designated by the city
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such officers or employees of the city designated by the city manager monthly
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permit is not occupied for the full period of time for which the permit is ',sued and for
the unoccupied period of time on the following basis:
a. The city will refund to thc applicant on a daily basis for the number of days the
space covered by thc permit was not occupied; provided the charge for the
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b. No refunds shall be made until the occupied space is totally cleared in full
compliance with the conditions set in the permit.
(b) During the construction, demolition, remodeling, or repair of a structure, if there is
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f
and
the
of vehicles
is
in the
is impractical
property
parking
allowed street right
of way
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director solid waste Management under Article VIII of Chapter 21, Codc of Ordinances
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local streets and neighborhood collectors in residential districts subject to thc following
procedures and charges:
(1) The traffic engineer must determine, based on the standards used under subsection
(c) of this section, if the size and location of the dumpster, in relation to any nearby
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use of
barricades,
installation
of warning signage,
traffic
channelization of installation
of warning lights, thc use of other traffic control procedures, or the use of other traffic
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dumpster in the right of way.
(2) The dumpster shall be marked with rcd and white reflective high intensity grade
sheeting, with a minimum eight inch width, placed along the full length of both ends'
right
and
Icft
edges,
and
along
the
full
length
of
both
left
sides' right
and edges,
so as
to be cl arty visible from an approaching motorist. The alternating red/white stripes
travel.
In addition,
at
least
two (2)
traffic
cones (twenty
(28)
height)
eight
inches
with
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dumpster while on the street.
(3) The dumpster may not be larger than twenty (20) cubic yards based on thc external
measurement of the dumpster.
(1) The property owner or contractor must submit a statement from thc owncr of the
adjoining property that consents to the placement of thc dumpster in front of the
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premises, the weight of a full dumpster will exc
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why it is impractical.
(5) The property owner, contractor, or permitted hauler must agree to indemnify and
forever save harmless the city from any claims relating to thc placement of the
dumpster in the street right of way using a form approved by thc city attorney.
(6) The property owner, contractor, or permitted hauler, who agrees to indemnify the city
under subsection (b)(5) of this section, must obtain insurance policies, which name
management determines is needed to protect the interest of the city and its residents,
as required by section 17 15 of the Code of Ordinances.
(7) The property owner or contractor must agree to pay the costs of repairing any
(8)
(9)
placement of thc dumpster, including but not limited to, damage to the street
curbs
and
sidewalks,
irrigation
pavement, gutters,
systems ground
cover, or utility
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The property owner or contractor must post a bond in an amount determined by the
director of finance to cover the cost of any repairs to the city's rights of way, including,
but not limited to, damage to the street pavement, curbs and gutters, sidewalks,
irrigation systems, ground cover, or utility piping located within the right of way.
The property owner or contractor pays the required fees based on the following
schedule:
a. Application fee of forty dollars ($'10.00), which includes the first seven (7) days
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application.
b. Parking fee of ten dollars ($10.00) for each additional day or part of a day a
parking space is occupied by a dumpster over the first seven (7) days. Parking
fecs must be paid in advance.
(10) A property owner or contractor may deposit moneys with the city's utility billing office
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(11) At the end of each businese day the property owner or contractor must remove any
dirt debris or other substances that may have fallen into the street, sidewalk, gutter,
or curb as the result of filling the container or removing materials from the container or
shall publish standards that will be used to determine if the size and location of the
{1)
The
following
factors
be
in
thc
for
the
must considered establishing
standards
placement of dumpsters in the right of way:
a. Thc speed limit on the street where the dumpster will be placed.
b. The speed limit on any intersecting streets if the dumpster will be placed within
two hundred thirty (230) feet of the intersection.
c. The outs;dc dimensions of the dumpsters, particularly the height and length of
thc dumpster.
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1. There is one way traffic,
2. It is within or near a school zone, or
3. It is located on a curve or in thc circle of a cul de sac.
e. The distance from the nearest intersection.
f. The distance from the nearest driveway.
g. Whether it will limit access to a driveway on the opposite side of a street
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(2) Thc standards may require under appropriate circumstances barricading signing,
equipment
(3) A copy of thc standards and any amendments to thc standards must be filed with the
before they go into affect.
(d) The city manager, or such officers or employees of the city designated by thc city manager,
may revoke a permit issued hereunder if any of the permit holder s barricading, signing,
channelization, warning or other traffic control procedures or the traffic control equipment
used at thc construction site do not comply with thc requirements of the city's 'Manual on
Uniform Barricading Standards or Practices" or with those special requirements imposed
by thc city manager, or such officers or employees of the city designated by the city
manager; provided, that the permit holder, or person named as responsible for the activity
such length of time to be determined by the city manager, or such officers or employees of
correct same before such permit is revoked.
{e) At least forty eight (48) hours advance notice shall be provided to the department
designated by the city manager before iosuancc of permit.
Sec. 53-195. Reserved."
SECTION 5. Publication shall be made one time in the official publication of the City of
Corpus Christi by publishing the caption stating the purpose of the ordinance. This
ordinance to become effective upon such publication.
SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance,
constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
Introduced and voted on the 9tv, day of 1-0."UaNt2024.
U.
PASSED and APPROVED on the I day o
Paulette Guajardo, Mayor
EFFECTIVE DATE
;c19
2024.
ATTEST:
Rebecca Huerta, City Secretary