ROW Use-AG010410 T _N EI T • • ° F COi'PELL AGENDA QUEST FORM
fi
,;a ; a 4 CITY COUNCIL MEETING:April 10, 2001 ITEM # ZS
ITEM CAPTION:
Consider approval of an Ordinance amending Chapter 6 of the Code of Ordinances by adding Article 6-14
entitled "Certain Uses of Public Right-of-way"; and authorizing the Mayor to sign.
APPR9 VED
BY
CITY COL
I�ClL
DATE
SUBMITTED BY: Kenneth M. Griffin, P.E. n J•* 2-(7°/°- /44/-
TITLE: Director of Engineering/Public Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:0
DIR. INITIALS: 157 FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form-Revised 5/00 Document Name: #engl
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council Members
From: Kenneth M. Griffin,P.E.,Dir. of Engineering/Public Works
Date: April 10,2001
RE: Consider approval of an Ordinance amending Chapter 6 of the Code of Ordinances by
adding Article 6-14 entitled "Certain Uses of Public Right-of-way"; and authorizing the
Mayor to sign.
Engineering is responsible for coordinating with various utility companies on the utilization of the City's
right-of-way for the installation of their facilities. With deregulation and the explosion of
telecommunications, we are no longer dealing with the basic electric, gas or cable companies. We are
now dealing with the basic utility companies and numerous telecommunication companies wishing to use
our right-of-way. To date, Council has approved six interim Right-of-way Use Agreements to companies
which are utilizing our right-of-way that do not have the typical franchise agreement with the City. Upon
passage of this ordinance, those interim agreements will be vacated and those entities will fall under this
new ordinance.
To avoid conflicts with installation of various facilities and/or damage of existing facilities during
installation, it is imperative that the City have control of the right-of-way and have in place rules and
regulations for the orderly installation of facilities within the right-of-way. Approval of this ordinance
will provide the tools to accomplish those goals.
Section 6-14-3 goes into great detail on the requirement for service providers to obtain permits and to
register with the City. The registration is important as it provides contacts in the event that we need to
contact a service provider. It also provides for proof of insurance.
Section 6-14-4 is a requirement for each service provider to provide the City yearly plans of record
showing all their facilities in the public right-of-way.
Section 6-14-5, in my opinion, is the most critical part of this proposed ordinance. This section requires
service providers to provide detailed plans and information to the City prior to beginning work in the
right-of-way. Also, it requires that a permit be obtained prior to any work taking place. Emergency
activities are exempt from this requirement. Numerous times my office has been contacted concerning a
utility company which has blocked a lane of traffic, typically at the most inopportune time, to perform
some routine maintenance. Again, this ordinance would require that all service providers obtain a permit
prior to performing any work within the City right-of-way. Except for emergency activities, there are two
other activities which do not require a permit: 1)providing utility service, if the utility service is provided
on the same side of the right-of-way without a pavement cut or excavation in the right-of-way or
interruption of traffic; and 2) the replacement of a damaged pole, however only with a pole of equal size
"CITY OF COPPELL ENGINEERING-EXCELLENCE BY DESIGN"
and height. Short of those three situations, a permit will be required for all activity within the City right-
of-way.
Paragraph H of Section 6-14-5 describes situations where a permit may be refused. There have been times
recently when we have refused permits because information submitted was inadequate to determine
whether or not there would be conflicts with existing utilities. Typically those service providers have
challenged our authority to deny them the right to be in our right-of-way. This section will very
specifically detail situations whereby a permit will be refused or revoked.
Section 6-14-7 describes the general requirements for street excavation and the maintenance of that
excavation. It also gives additional information on repairs. In particular, Paragraph B2 of Section 6-14-7
specifically states that pavement cuts in new paving will not be allowed for the first 60 months after the
paving has been placed. During the construction of any new roadway, we coordinate extensively with
various utility companies for the relocation and/or upgrade of their facilities during the reconstruction of
the roadway. To immediately follow-up new construction with paving cuts for new services or upgraded
services points to poor planning and it compromises the integrity and the life of the new paving.
Section 6-14-8 describes very specific requirements for the service providers on returning the right-of-way
to as good as or better condition.
Section 6-14-13 is important as it states that permits issued prior to the effective date of this ordinance are
not bound by the terms of this ordinance. As previously noted, there are six interim permits approved by
Council. Those permits will fall under this ordinance because the terms of their interim permit approval
mandated that once a permanent right-of-way use ordinance was adopted that they would abide by it. It is
also important to note that utility companies, which have current franchise agreements with the City of
Coppell, will not be bound by this ordinance until such time as their franchise agreement expires.
The adoption of this ordinance is an important step forward in an attempt to better regulate our right-of-
ways especially with the proliferation of telecommunications and fiber optics being installed within our
right-of-way.
Staff recommends approval of the amendment of Chapter 6 of the Code of Ordinances by adding Article
6-14 entitled "Certain Uses of Public Right-of-way'. Staff will be available to answer questions
concerning this ordinance at the Council meeting.
"CITY OF COPPELL ENGINEERING-EXCELLENCE BY DESIGN"
ORDINANCE NO. gook- 944
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 6 OF THE CODE OF
ORDINANCES BY ADDING ARTICLE 6-14, SECTIONS 6-
14-1 THROUGH 6-14-13, PROVIDING TERMS AND
CONIDTIONS FOR USE OF THE PUBLIC RIGHTS-OF-
WAY, AND MAY BE KNOWN AS THE "PUBLIC RIGHTS-
OF-WAY MANAGEMENT ORDINANCE"; PROVIDING
FOR A METHOD OF PERMITTING AND THE CHARGES
THEREOF; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL,TEXAS:
SECTION 1. That Chapter 6 of the Coppell Code of Ordinances be amended by adding
Article 6-14, Sections 6-14-1 through 6-14-13, to read as follows:
"ARTICLE 6-14. CERTAIN USES OF PUBLIC RIGHT-OF-WAY
Sec. 6-14-1. Definitions.
A. Backfill means:
1. the placement of new dirt, fill, or other material to refill an
excavation; or
2. the return of excavated dirt, fill, or other material to an excavation.
B. City shall mean the City of Coppell and the city's officers and
employees.
C. Closure means a complete or partial closing of one or more lanes of
traffic of a thoroughfare for any period of time.
D. Construction means any of the following activities performed by any
person within a public right-of-way:
PAGE 1
39612
1. Installation, excavation, laying, placement, repair, upgrade,
maintenance, or relocation of facilities or other improvements,
whether temporary or permanent.
2. Modification or alteration to any surface, subsurface, or aerial
space within the public right-of-way.
3. Performance, restoration, or repair of pavement cuts or
excavations.
4. Reconstruction of any of the work described in Paragraphs (D)(1)
through(D)(3) of this subsection.
5. Other similar construction work.
E. Director means the director of engineering or any designated
representative.
F. Emergency Activity means circumstances requiring immediate
construction or operations by a service provider to:
1. prevent imminent damage or injury to the health or safety of any
person or to the public right-of-way;
2. restore service; or
3. prevent the loss of service.
G. Excavation means to make a hole or cavity in, the removal of dirt, fill,
or other material in the public right-of-way, including but not limited to the
methods of digging, open trenching, boring,tunneling, or jacking.
H. Facilities means the plant, equipment, buildings, structures, poles,
wires, cables, lines, conduit, mains, pipes, vaults, and appurtenances of a service
provider and includes property owned, operated, leased, licensed, used,
controlled, or supplied for, by, or in connection with the business of the service
provider.
I. Licensee means any person with a license or authorized under State
law, the person applying for or receiving a permit to perform construction within
the city's right-of-way and the owner of the utility within the right-of-way under
the terms and conditions set forth herein. The term includes:
1. any officer, director, partner, manager, superintendent, or other
authorized person exercising control over or on behalf of the
licensee; and
PAGE 2
39612
2. any contractor or subcontractor of the licensee, for purposes of
compliance with the provisions of this ordinance and the traffic
control, construction, and maintenance requirements of this article.
J. Pavement Cut means a cut made into the paved surface of the public
right-of-way.
K. Person means a natural person, a corporation, a service provider, a
governmental entity or agency (including the city), a limited liability company, a
joint venture, a business trust, an estate, a trust, a partnership, an association, or
any other legal entity.
L. Project means any construction or placement of any structure or thing
within any public right-of-way.
M. Public Right-of-Way means any area of land within the city that is
acquired by, dedicated to, or claimed by the city in fee simple, by easement, or by
prescriptive right and that is expressly or implied!), accepted or used in fact or by
operation of law as a public roadway, highway, street, sidewalk, alley, or utility
access easement. The term includes the area on, below, and above the surface of
the public right-of-way. The term applies regardless of whether the public right-
of-way is paved or unpaved. The term does not include airwaves above the public
right-of-way that fall under the exclusive jurisdiction of the United States
government.
N. Service Provider means any electric utility, gas utility,
telecommunications company, cable company, water utility, storm water utility,
or wastewater utility, regardless of whether the service provider is publicly or
privately owned or required to operate within the city pursuant to a franchise.
O. 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.
P. Subdivision means "subdivision" as defined by the City of Coppell
Subdivision Ordinance, as amended.
Q. Subdivision Rules and Regulations and Standards as published by the
City of Coppell details engineering, technical, and other special criteria and
standards established by the director for pavement cut, excavation, backfill,
restoration, and repair activities in the public right-of-way.
R. Thoroughfare means all public traffic roadways within the City of
Coppell.
PAGE 3
39612
Sec. 6-14-2. Director's Authority; Enforcement; Offenses.
A. The director or his designee is authorized to administer and enforce the
provisions of this article, and to promulgate regulations, including, but not limited
to engineering, technical, and other special criteria and standards, to aid in the
administration and enforcement of this article that are not in conflict with this
article, this code, or state or federal law.
B. The director or his designee is authorized to enter upon a construction
site for which a permit is granted under this article or, where necessary, upon
private property adjacent to the construction site, for purposes of inspection to
determine compliance with the permit or this article.
C. A person commits a Class C misdemeanor offense if he:
1. performs, authorizes, directs, or supervises construction without a
valid permit issued under this article;
2. violates any other provision of this article;
3. fails to comply with restrictions or requirements of a permit issued
under this article; or
4. fails to comply with an order or regulation of the director issued
pursuant to this article.
D. A person commits an offense if in connection with the performance of
construction in the public right-of-way, he:
1. damages the public right-of-way beyond what is incidental or
necessary to the performance of the construction;
2. damages public or private facilities within the public right-of-way;
or
3. fails to clear debris associated with the construction from a public
right-of-way after construction is completed.
E. It is a defense to prosecution under Subsection (D)(2) if the person
complied with all of the requirements of this article and state law and caused the
damage because the facilities in question:
1. were not shown or indicated in a plan document, plan of record,
record construction drawing, or field survey, staking, or marking;
and
PAGE 4
39612
2. could not otherwise be discovered in the public right-of-way
through the use of due diligence.
F. A person commits an offense if, while performing any construction or
other activity along a public right-of-way (whether or not a building or other
permit is required for the activity), the person:
1. damages the public right-of-way or public or private facilities
located within the public right-of-way; or
2. fails to clear debris associated with the construction or other
activity from a public right-of-way.
G. It is a defense to an offense and prosecution under Subsections (F)(1)
and (F)(2) that the person was performing all of the construction or other activity
along the public right-of-way in compliance with any permit issued for the
construction or activity.
H. A culpable mental state is not required to prove an offense under this
article. A person who violates a provision of this article is guilty of a separate
offense for each day or portion of a day during which the violation is committed,
continued,authorized, directed, or permitted. An offense under Subsection (D)(3)
or (F)(2) is punishable by a fine of not less than $500 or more than $2,000. Any
other offense under this article is punishable by a fine of$500.
I. This article may also be enforced by the City in any civil court action.
which is not subject to the defenses provided in this section, in accordance with
state or federal law, in addition to any other remedies, civil or criminal, at law or
equity, for a violation of this article and in protection of the general health, safety
and welfare.
J. Prior to initiation of civil enforcement litigation, the licensee or any
other person who has violated a provision of this article must be given the
opportunity to correct the violation within the time frame specified by the
director. This subsection does not prohibit the director or the city from taking
enforcement action as to past or present violations of this article, notwithstanding
their correction.
Sec. 6-14-3. Registration; Other Requirements.
A. Nothing in this section relieves a service provider from obtaining a
permit under this article to perform work in the public right-of-way.
B. In order to protect the public health, safety, and welfare, a service
provider maintaining or operating existing facilities in the public right-of-way
must register with the director in accordance with the following requirements:
PAGE 5
39612
1. The registration must be on a form furnished by the director and
made in the name of the service provider that owns the facilities.
2. Registration expires March 1 of every other year after the calendar
year in which the first registration occurs. If a registration is not
renewed by the expiration date, the director shall furnish written
notice to the service provider that the registration has expired. If
the service provider fails to renew registration within thirty (30)
calendar days after the director gives notice of the expiration, the
facilities of the service provider will be deemed to have been
legally abandoned.
3. If information provided as part of the registration changes, the
service provider must inform the director in writing not more than
thirty (30) days after the date the change occurs.
4. The service provider shall also include the following with the
registration:
(a) the name of the service provider using the public right-of-way,
including any business name, assumed name, or trade name the
service provider operates under or has operated under within
the past five (5) years.
(b) If the service provider is a certificated telecommunications
provider, the certificate number issued by the Texas Public
Utility Commission.
(c) The ordinance number of any franchise or license issued by the
City of Coppell that authorizes the service provider or other to
use the public right-of-way.
(d) The names, addresses, and telephone numbers of at least two
persons who will be general, day-to-day contacts for the
service provider. At least one of the addresses must be within
the Dallas/Fort Worth metropolitan area.
(f) The name. address, and telephone number of any contractor or
subcontractor, if known, who will be working in the public
right-of-way on behalf of the service provider.
(g) The names and telephone numbers of at least two persons
serving as emergency contacts who can be reached by
telephone 24 hours a day, seven days a week. The telephone
PAGE 6
39612
numbers should be accessible without the city having to pay a
long distance telephone or toll charge.
(h) Proof of existing insurance that complies with the following
requirements:
(i) The minimum insurance coverage for a service provider
must be commercial general liability insurance, or any
combination of general liability and umbrella/excess insurance,
(including, but not limited to, premises operations, personal
and advertising injury, products/completed operations, and
independent contractors and contractual liability) with a
minimum combined bodily injury (including death) and
property damage limit of $1,000, 000 per occurrence,
$1,000,000 products/completed operations aggregate, and
$1,000,000 general aggregate. The liability insurance policy
must also include coverage for explosion, collapse, and
underground hazards. The insurance coverage must be written
by a company or companies approved to conduct business in
the State of Texas. The city must be named as an additional
insured on the policy by using endorsement CG 20 26 or
broader.
(ii) The insurance filed by a service provider must also meet
the same requirements as insurance filed by a licensee under
Section 6-14-5 through 6-14-13. A service provider has the
same duties, obligations, and liabilities as a licensee under
Section 6-14-5 through 6-14-13, except that a service provider
does not have to file a separate proof of insurance every time it
obtains a permit to perform work in the public right-of-way.
(iii) If the service provider is self insured, such provider shall
provide sufficient proof that they have encumbered asset
equivalent to the insurance requirement and proof of self-
insurance sufficient to meet the coverage is required in this
subparagraph is sufficient to satisfy the insurance requirements
of this subparagraph.
5. The insurance requirements of Subsection (B)(4)(h) of this section
do not apply to:
(a) construction or other activity performed by the city's own
forces or by contractors hired by the city and working on city-
owned facilities within the public right-of-way; or
PAGE 7
39612
(b) a service provider operating facilities or performing
construction pursuant to a valid existing franchise or license
approved by the city council.
Sec. 6-14-4 Plans of Record.
A. Any service provider with facilities in the public right-of-way shall
submit plans of record in accordance with the following requirements:
1. On or before June 1, 2001, a service provider shall submit to the
director a schedule to provide complete plans of record that show all of
its facilities existing in the public as of the date the plans of record are
submitted to the director in compliance with this section.
2. On or before March 1 of each calendar year following the initial
submittal of its plans of record, a service provider shall provide to the
director plans of record that show all installations of new facilities, and
all changes, additions, abandonments, and relocations relating to
existing facilities, completed in the previous calendar year.
3. The plans of record must be provided in a format specified by the
director and must contain such detail and accuracy as are required by
the director. Plans of record must be submitted in computerized or
digital format.
B. If plans of record submitted under this section include information
expressly designated by the service provider as a trade secret or other confidential
information protected from disclosure by state law, the director may not disclose
that information to the public without the consent of the service provider, unless
otherwise compelled by an opinion of the attorney general pursuant to the Texas
Open Records Act, as amended, or by a court having jurisdiction of the matter
pursuant to applicable law. This subsection may not be construed to authorize a
service provider to designate all matters in its plans of record as confidential or as
trade secrets.
Sec. 6-14-5. Permit Required; Exceptions; Conditions; Denial and
Revocation
A. A person shall not perform any construction, except for an emergency
activity, within a public right-of-way without first obtaining a permit from the
director prior to the start of construction. A person who undertakes any work
outside of the public right-of-way that will cut, break, or otherwise damage the
public right-of-way shall also obtain a permit under this section.
B. A person shall not place or cause to be placed any permanent above
ground improvements or facilities, except as authorized prior to the effective date
PAGE 8
39612
of this Article by franchise or authority of City Council by variance to the
municipal subdivision regulations.
C. A permit is not required under Subsection (A) if the activity in the
public right-of-way consists exclusively of:
1. a connection of real property to a retail utility service on the same side
of the public right-of-way, if the connection does not require a
pavement cut. excavation or interruption of traffic; or
2. the replacement of a single damaged pole with a pole of equal size and
height.
C. The following procedures and requirements govern the application for
and issuance of a permit to perform construction within the public right-of-way:
1. A permit application must be made in writing on a form approved by
the director. The application must be signed and submitted by the
owner of the facility for which the permit is requested or. if the work
does not involve a facility, by the owner of the improvement for which
the permit is requested.
2. A permit application must be submitted to the director not less that two
(2) business days before commencement of the proposed construction
unless emergency activity is required, in which case immediate notice,
including the reasons for the emergency activity, must be given to the
director.
3. A permit application must include a statement by the applicant that the
applicant has collected all available plans for existing City of Coppell
underground facilities and other public and private utilities and has
included those facilities and utilities in the applicant's design, showing
no apparent conflict. The statement must also affirm that the applicant
will perform field verifications as necessary during construction to
locate all city and other existing underground facilities.
4. The permit application on any project must include submittal of plans
to the director. When required by the Texas Engineering Practice Act,
as amended, the plans must be sealed by a professional engineer
licensed to practice in the State of Texas. The plans must include the
horizontal alignment of all proposed facilities in relation to all existing
public and private facilities in plan view. If the project crosses street
intersections, or involves crossing proposed facilities over or under
existing facilities, the plans must also include a representation of the
vertical alignment of the facilities in profile view. Each sheet of the
plans must have a note instructing the contractor to verify the location
PAGE 9
39612
of underground utilities at least 100 feet in advance of all proposed
utility crossings, and also at locations where the proposed facilities are
shown to be running parallel to existing facilities within five feet. The
plans must be half size (11" X 17") at a scale no smaller than 1" =40'
in plan view and 1" = 6' in profile view. Each project must be
assigned a project number, which must appear on each sheet.
5. A permit is required even if other authority has been granted by the
director to make a pavement cut or excavation in a public right-of-way
as part of a city construction project.
6. The director shall state on the permit the activity for which the permit
is issued and include any additional restrictions or requirements
determined necessary by the director.
7. The licensee has the exclusive responsibility to coordinate with other
service providers to protect all existing facilities in the public right-of-
way in which the construction occurs.
8. The licensee shall, as an expressed condition of the permit, comply in
all respects with the requirements prescribed for the permitted activity
in accordance with all City codes and ordinances and state or federal
laws or regulations affecting the permitted activity.
9. The director shall notify service providers that registered under
Section 6-14-3 during the previous calendar year of pavement surfaces
to be reconstructed or resurfaced by the city during the next calendar
year.
10. A service provider planning construction within the public right-of-
way shall notify the director by March 1 of each year of all then-
known facility expansion or replacement projects planned for the next
fiscal year that may require pavement cuts or excavations.
11. The licensee shall use trenchless technology or boring when crossing a
public right-of-way.
12. The director may also require any licensee to use trenchless
technology or boring, instead of disturbing a public right-of-way
surface, if it is:
(a) in the best interest of the city;
(b) technically, commercially, and economically feasible; and
PAGE 10
39612
(c) not in violation of federal or state regulations or industry safety
standards.
13. Directional drilling or boring may not be used unless otherwise
approved by the director as being in the best interest of the public
health, safety, welfare, and convenience.
14. In using trenchless technology or boring, whether or not required
under Paragraph 11 of this subsection, the licensee must:
(a) obtain and have at the construction site recent plans from the city's
water utilities department, and, where available, plans from owners
of all other underground facilities, showing the horizontal and
vertical placement of the underground facilities, if the licensee's
proposed facilities will:
(i) cross other existing facilities; or
(ii) be located within five feet of existing facilities at any point;
(b) locate all water main lines by potholing, if the licensee's proposed
facilities will:
(i) cross other existing facilities; or
(ii) be located within five feet of existing facilities at any point;
and
(c) be able to locate the bore head at all times in accordance with the
latest technologies and provide the location of the bore to the
director upon request.
15. The licensee shall maintain the construction area in the public right-of-
way in a manner that avoids dust, other health hazards, and hazards to
vehicular and pedestrian traffic until the public right-of-way is
permanently repaired.
16. When making a pavement cut or excavation, or placing spoils or
excavated material in or along a public right-of-way, the licensee shall
place barricades, warning signs, and warning lights at the location
sufficient to warn the public of the hazard of the cut, excavation,
spoils, or excavated material in compliance with the most current
Edition of the Texas Manual on Uniform Traffic Control Devices, as
amended, published by the Texas Department of Transportation.
PAGE I I
39612
17. The director may require the licensee to share trench space to
minimize the disruption of vehicular and pedestrian traffic or to
provide space for needed city facility installations if such sharing is:
(a) technically, commercially, and economically feasible; and
(b) not in violation of state or federal regulations or industry safety
standards.
D. The following additional procedures apply if it is necessary to close, in
whole or in part, a public right-of-way for purposes of making a pavement cut or
an excavation:
1. For any closure of a traffic lane or blocking of a sidewalk or alley
lasting one day or less, the licensee shall conspicuously mark its
vehicles with licensee's name and telephone number.
2. Any closure of a traffic lane or blocking of a sidewalk or alley lasting
longer than one day must be identified by a sign that is clearly legible
to the traveling public. The sign must be posted at or in close
proximity to the worksite and must contain:
(a) the name of the licensee;
(b) the name of the person performing the construction on behalf of
the licensee, if any; and
(c) a local 24-hour contact number that can be used in case of
emergency or to answer any questions.
3. The requirements of Paragraphs (1) and (2) of this subsection are in
addition to any other signage, barricades, or warning devices required
by law or ordinance. The sign information required by Paragraph (2)
of this subsection may be included on barricades or warning devices.
4. When permitted construction will last longer than two weeks, the
licensee shall give written notification to all adjacent property
occupants by conspicuously posting the notification on each adjacent
property at least 72 hours before commencement of construction,
unless the director determines that an emergency exists.
5. If a street or alley must be totally closed for any duration, the licensee
shall provide for reasonable alternative access to the adjacent property
by the property's occupants and invitees, which access must include
but is not limited to deliveries to the property.
PAGE 12
39612
6. If construction on a partially closed thoroughfare stops for the day, all
thoroughfare lanes must be reopened to traffic, unless an extended
time of closure is expressly granted by the permit.
7. If a pavement cut is to be covered, the licensee shall use steel plates, or
equivalent plates, of sufficient strength and thickness to support all
traffic.
8. Plates must be sufficiently secured in place so as not to become
dislodged or in any way cause a hazard to any traffic. Asphalt
transitions must be placed as required to provide a reasonably smooth
riding surface.
9. Plates must be marked with the name of the person performing the
construction and with a local 24-hour contact that can be used in case
of an emergency, unless a sign complying with Paragraph (2) of this
subsection is posted at or in close proximity to the worksite.
E. Unless it becomes necessary to conduct emergency activity, a licensee
shall not cause or allow interference with traffic flow on a thoroughfare during the
hours of 6:30 a.m. through 9:30 a.m. and 3:30 p.m. through 6:30 p.m., Monday
through Friday.
F. A temporary repair may not remain on public right-of-way for more
than fourteen (14) calendar days after the completion of the repair or installation
of the underground structure or facility, unless a time extension has been granted
by the director. The city may, at the expense of the licensee or other responsible
person, remove any temporary repair remaining in the public right-of-way beyond
the 14-day time limit and make permanent repairs. Any exception to the 14-day
time limit, other than a relocation of a facility in advance of a city construction
project in the public right-of-way, must be approved by the director prior to
expiration of the time limit.
G. If no construction has commenced under a permit within 120 calendar
days after issuance of the permit, the permit becomes null and void, and a new
permit is required before construction may be performed in the public right-of-
way. An extension to a permit may be granted by the director only before the
permit expires.
H. The director may refuse to issue a permit if:
1. the proposed construction will substantially interfere with vehicles
or pedestrians and no procedures, or procedures inconsistent with
this article, have been implemented to minimize the interference;
PAGE 13
39612
2. the proposed construction will substantially interfere with another
activity for which a permit has been issued, or will conflict or
interfere with existing facilities already in the public right-of-way;
3. the proposed barricading, channelizing, signing, warning, or other
traffic control procedures or equipment do not comply with the
requirements of the most current edition of the Texas Manual on
Uniform Traffic Control Devices, as amended;
4. the proposed construction, incidental traffic control, or other
permitted activity, or the manner in which it is to be performed,
will violate a city ordinance or regulation or a state or federal
statute or regulation;
5. the licensee:
(a) failed to furnish all the information required by this article;
(b) knowingly or intentionally furnished materially false or
incorrect information to the director;
(c) failed, except for good cause shown, to file the application on
the approved form within the time limits prescribed by this
section;
(d) failed or refused to submit plans of record as required under
Section 6-14-4.;
(e) was convicted of violating a provision of this article twice
within the two year period immediately preceding the date of
application;
(f) failed to furnish or have on file with the director the insurance
required under this article;
(g) is not in compliance with applicable requirements of an
existing permit issued under this article; or
(h) has not obtained from the director a current copy of the City
code and ordinances regulating the work being performed.
(i) The director may suspend construction or revoke an issued
permit on the same grounds on which a permit may be denied
under Subsection(H), or if the licensee:
PAGE 14
39612
(1) commences or performs construction in violation of an
applicable requirement of this article or the permit;
(2) creates or is likely to create a public health or safety hazard
by performance of the construction in question;
(3) fails to comply with an order or regulation of the director;
(4) fails to comply with restrictions or requirements of other
city ordinances or state or federal laws or regulations
applicable to the construction; or
(5) commences or performs work without having prior
knowledge and understanding of the applicable repair
standards or without having obtained from the director a
current copy of the codes and ordinances of the City of
Coppell.
(j) The director shall provide written notice of a suspension or
revocation to the licensee or the person hired by the licensee to
perform the construction. Construction that is suspended may
not resume until the director determines that the licensee has
corrected the violation, noncompliance, or hazard that caused
the suspension. A permit that has been revoked may be
reinstated by the director if the director determines that:
(1) the licensee has corrected the violation, noncompliance, or
hazard that caused the revocation; and
(2) the health or safety of the public is not jeopardized by
reinstating the permit.
(k) Any variance from the requirements of this article must be
approved in advance by the director. The director may grant a
variance only if an extreme hardship exists and the public
health, safety, welfare, and convenience is not adversely
affected by granting the variance. The director may not
approve any variance that would give a competitive advantage
to one service provider over another service provider providing
the same or similar service. The director may not grant a
variance from the indemnity requirements of Section 6-14-
6(D).
PAGE 15
39612
Sec. 6-14-6. Insurance and Indemnity Requirements; Exceptions
A. As an express precondition to being granted a permit to
perform construction within a public right-of-way, the licensee shall
furnish the director proof of existing insurance in accordance with the
following requirements:
(1) The licensee must provide proof of commercial general
liability insurance (including, but not limited to, premises
operations, personal and advertising injury, products/completed
operations, and independent contractors and contractual
liability) with a minimum combines bodily injury (including
death) and property damage limit of $1,000,000 per
occurrence, $1,000,000 products/completed operations
aggregate, and $1,000,000 general aggregate. The insurance
coverage must be written by a company or companies
approved to conduct business in the State of Texas. The City
must be named as an additional insured on the policy by using
endorsement CG 20 26 or broader.
(2) The licensee must provide proof of commercial general
liability insurance, or any combination of general liability and
umbrella/excess insurance, (including, but not limited to,
premises operations, personal and advertising injury,
products/completed operations, and independent contractors
and contractual liability) with a minimum combined bodily
injury (including death) and property damage limit of
$1,000,000 per occurrence, $1,000,000 products/completed
operations aggregate, and $1,000,000 general aggregate. The
liability insurance policy must include coverage for explosion,
collapse, and underground hazards. The insurance coverage
must be written by a company or companies approved to
conduct business in the State of Texas. The City must be
named as an additional insured on the policy by using
endorsement CG 20 26 or broader.
(3) Each policy must include a provision that requires the
insurance company to notify the City in writing at least thirty
(30) days before canceling or failing to renew the policy or
before reducing policy limits or coverages.
(4) The licensee agrees, with respect to the insurance coverage
required by this subsection, to waive subrogation against the
City and its officers and employees for bodily injury (including
death),property damage, or any other loss.
PAGE 16
39612
(5) The insurance coverage required by this subsection is
considered primary insurance in regard to the City and its
officers, employees, and elected representatives.
(6) Proof of insurance in the form of an original industry standard
certificate of insurance showing the City as an additional
insured must be provided to the director prior to any
commencement of work by the licensee. The certificate of
insurance must be executed by the insurer or its authorized
agent and must state specific coverage, limits, and expiration
dates in accordance with the requirements of this subsection.
(7) The licensee shall make available to the director, upon request,
a copy of the insurance policy, including any endorsements,
riders, and amendments to the policy and any statements
respecting coverage under the policy.
B. A licensee who is a service provider who has registered and
filed proof of insurance under Section 6-14-3 of this article is not required
to furnish separate proof of insurance under this section when obtaining a
permit, but must comply with all other requirements of this section.
C. If the licensee is an entity that has a tangible net worth ratio of
3 to 1 (assets to liabilities) with a minimum tangible net worth of at least
$100,000,000, proof of self-insurance sufficient to meet the coverage
required in Subsection (A) is sufficient to satisfy the requirements of that
subsection.
D. The following indemnity provisions apply to a service provider
registered under Section 6-14-3 and are also included by reference as
express terms of a permit issued under this article:
1. A licensee who is a certificated telecommunications provider
as defined in Chapter 283, TEXAS LOCAL GOVERNMENT CODE,
as amended, agrees to give to the City the indemnity provided
in Section 283.057, TEXAS LOCAL GOVERNMENT CODE, as
amended.
2. A licensee, other than a certificated telecommunications
provider described in Paragraph (1) of this subsection,
expressly agrees to fully and completely defend, indemnify,
and hold harmless the City and its officers, agents, and
employees, against any and all claims, lawsuits, judgments,
costs, and expenses for personal injury (including death),
property damage or other harm for which recovery of damages
is sought, suffered by any person or persons, that may arise out
PAGE 17
39612
of or be occasioned by any negligent, grossly negligent,
wrongful. or strictly liable act or omission of the licensee or its
agents, employees, or contractors, in the performance of work
or activity pursuant to the permit issued under this article,
regardless of whether or not the negligence, gross negligence,
wrongful act, or fault of the City or its officers, agents or
employees, contributes in any way to the damage, injury, or
other harm. Nothing in this paragraph may be construed as
waiving any governmental immunity available to the City
under State law. This provision is solely for the benefit of the
licensee and the City and is not intended to create or grant any
rights, contractual or otherwise, in or to any other person.
E. This section does not apply to:
1. construction or other activity performed by the City's own
forces or by contractors hired by the City and working on City-
owned facilities within the public right-of-way;
2. a person operating facilities or performing construction
pursuant to a valid existing franchise or license approved by
the city council.
Sec. 6-14-7. Miscellaneous Requirements for Street Excavation and
Installations and Trench Safety.
A. In addition to the other requirements of this article, a pavement
cut, excavation, or repair necessitated by or as a result of construction
inside or outside of the public right-of-way must comply with all of the
requirements contained in this section.
B. General.
1. A pavement cut in the public right-of way may be made prior
to obtaining a permit only if a valid need to perform emergency
activity exists. Immediate notice, including the reasons for the
emergency activity, must be given to the director. Whenever
an emergency activity cut is made, application for a permit
must be made not later than the second business day following
commencement of the emergency activity.
2. A pavement cut in a newly constructed, reconstructed, or
resurfaced street may not be made for sixty (60) months after
the substantial completion of the work, unless repairs are made
in compliance with this ordinance or reasonable request of the
director for protection of the public or based on reasonable
PAGE 18
39612
regulations adopted by the director based on generally accepted
construction standards.
3. The licensee and any person responsible for construction shall
protect the public right-of-way surface, drainage facilities, and
all other existing facilities and improvements from excavated
materials, equipment operations, and other construction
activities. Particular attention must be paid to ensure that no
excavated material or contamination of any type is allowed to
enter or remain in a water or wastewater main or access
structure, drainage facility, or natural drainage feature.
Adequate provisions must be made to ensure that traffic and
adjacent property owners experience a minimum of
inconvenience.
C. Two year maintenance period.
1. All construction must be done in a good and workmanlike
manner and in faithful and strict compliance with the permit,
this article, other city ordinances, and regulations promulgated
by the director relating to construction within the public right-
of-way.
2. All construction performed under any permit granted to a
licensee by the City under this article must be maintained to the
satisfaction of the director for two (2) years after the date of
completion of the construction or repair.
3. Any damage to, or any defect or other problem in, the
permitted construction occurring at any time within two (2)
years after the completion of work under the permit must be
corrected to the satisfaction of the director within ten (10) days
after the director gives notice to the licensee to correct the
damage, defect, or other problem.
4. The opinion of the director as to the necessity of correcting any
damage, defect, or other problem is binding on all parties.
D. Repairs.
1. All damage caused directly or indirectly to the public right-of-
way surface or subsurface outside the pavement cut or
excavation area will be regarded as a part of the pavement cut
or excavation and must be included in the total area repaired.
If repaired by the City, the licensee shall reimburse the City for
the actual direct and indirect costs of the repair.
PAGE 19
39612
2. The director shall notify the licensee if the backfill on a
permitted construction settles at any time during the two (2)
year maintenance period required in subsection (C) of this
section, causing subsidence in the pavement of one-half inch or
more, vertically measured in any three (3) foot horizontal
direction. Upon notification, the licensee shall schedule
appropriate repair work and promptly notify the director of the
anticipated dates of commencement and completion of the
repair work. If the repair work is not commenced or completed
within the agreed upon time schedule, or if no response is
received by the director within twenty-four (24) hours after
notification to the licensee, the repair work may be performed
by the City. The licensee shall reimburse the City for the
actual direct and indirect costs of any repair work performed by
the City.
3. The licensee shall notify the director at least twenty-four (24)
hours before commencing any repair operations under
Paragraph (2)of this subsection.
E. Trench safety.
1. Trench safety systems that meet U.S. Occupational Safety and
Heath Administration (OSHA) standards are required for the
construction in which trench excavation will exceed a depth of
two (2) feet.
2. Paragraph (1) of this subsection does not apply to a
construction contract entered into by a licensee that is subject
to the safety standards adopted under Chapter 121, TEXAS
UTILITIES CODE, as amended.
Sec. 6-14-8. Restoration Requirements.
A. The codes and ordinance of the City and the requirements of
this section govern the restoration of public right-of-way surfaces within
the City. For those restoration activities not covered, the Standard
Specifications for Public Works Construction - North Central Texas will
govern.
B. A licensee performing construction in the public right-of-way
shall restore the public right-of-way to a condition that is equal to or better
than the condition prescribed by the provisions contained in the codes and
ordinances of the City of Coppell.
PAGE 20
39612
C. Restoration work must be performed to the satisfaction of the
director. Restoration work must include, but is not limited to, the
following:
1. Replacement of all sod or ground cover with sod or ground
cover equal to or better than the type damaged during the work,
either by sodding or seeding as required by the director.
2. Installation or reinstallation of all manholes and handholes, as
required by the director.
3. Backfilling and compaction of all completed bore pits,
potholes, trenches, or other holes, which must be performed on
a daily basis unless other safety requirements are approved by
the director.
4. Street, sidewalk, and alley repair that conforms with the
standards for construction established in this article and by the
director.
5. Leveling of all trenches and backhoe lines.
6. Restoration of the excavation site to the specifications and
requirements established in this article and by the director.
7. Restoration of all landscaping, ground cover, and sprinkler
systems.
8. Restoration of any damaged traffic control devices, including
but not limited to imbedded loop detectors, pavement
markings, underground conduits, and signs.
D. All location flags must be removed during the cleanup process
by the licensee or the licensee's contractor at the completion of the work.
E. Restoration of special street, sidewalk, or drive approach
surfaces designed to present unique visual images, color, or designs
(regardless of the type, color, pattern, or texture of special material or
process used) must be done so that the restoration matches the color.
texture, and pattern of the surrounding special surfaces.
F. Restoration must be made in a timely manner. If restoration is
unsatisfactory or not performed in a timely manner, then all the licensee's
work in progress on the project in question (except for the work related to
the problem of unsatisfactory restoration) will be halted, and no other
PAGE 21
39612
permit will be approved until all restoration is complete. Any hold on the
licensee's work will include work previously permitted but not completed.
Sec. 6-14-9. Clearance for Street Paving and Storm Drainage Projects
A. A person making a pavement cut or excavation for the purpose
of adjusting facilities at the request of the City in advance preparation for
a City street paving or storm drainage project shall obtain a permit under
this article, except that the time limits prescribed in Section 6-14-5(c) and
(g) do not apply.
B. The licensee shall maintain the pavement cut or excavation
until the work order authorizing the construction of the street paving or
storm drainage project is issued by the City. Upon notification by the
director of any problem with the maintenance of the cut or excavation, the
licensee shall promptly correct the problem. The licensee shall notify the
director of the anticipated date of correction. If the correction is not made
by the anticipated date, or if no response is received by the director within
twenty-four (24) hours after the director gives notice to the licensee, the
correction may be made by the City, and the licensee shall reimburse the
City for the actual direct and indirect costs of the correction.
Sec. 6-14-10. Conformance with Public Improvements.
A. Whenever the city or the director deems it necessary to remove,
alter, change, relocate, or adapt the underground or overhead facilities of a
service provider in the public right-of-way due to the City's reconstruction,
widening, or straightening of streets; replacement of water or wastewater
facilities; installation of traffic signals, traffic signs, and markings; or
construction of any other City public improvement project, the service
provider that owns the facilities shall conform its facilities with the project
as prescribed by the director.
B. The facilities must be conformed, at the service provider's
expense, within ninety (90) days after the director issues notice to the
service provider, unless a different schedule for the work is approved by
the director.
C. Facilities of a service provider that are not conformed within
the ninety (90) day notice period or within the approved schedule will be
deemed abandoned, and the City will not be liable for any damage to or
destruction or removal of the facilities, or for any interruption or
termination of service through the facilities, caused by the activity of the
City described in this section.
PAGE 22
39612
Sec. 6.14-11. Improperly Constructed Facilities.
A. A licensee shall:
1. properly construct, install, operate, repair, relocate, upgrade,
and maintain its facilities existing within the public right-of-
way; and
2. repair or restore any damage to other facilities, the public right-
of-way, or private property that occurs as a result of improper
construction, installation, operation, repair, relocation, upgrade,
or maintenance of the licensee's facilities.
B. Facilities will be considered to be improperly constructed,
installed, operated, repaired, relocated, upgraded, or maintained if:
1. the construction, installation, operation, repair, relocation,
upgrade, or maintenance endangers public health or safety or
creates a public inconvenience;
2. the facilities encroach upon private property or extend outside
the right-of-way location designated in the permit;
3. the construction, design, or configuration of the facilities does
not comply with applicable local, state, or federal laws or
regulations;
4. the construction, installation, operation, repair, relocation,
upgrade or maintenance is conducted in a manner that damages
private property or another service provider's facilities;
5. the facilities are not capable of being located or maintained
using standard practices; or
6. the facilities are placed in an area that interferes with another
service provider's facilities.
C. It is a defense to prosecution under Subsections (B)(3) and
(B)(4) of this section that the facilities were constructed or installed in the
public right-of-way before the effective date of this ordinance.
D. Nothing in this section may be construed to diminish the
authority of the director to require specific placement of specific facilities.
PAGE 23
39612
Sec. 6-14-12. Emergency Repairs.
A. If the director determines during construction that an
emergency repair to a public right-of-way is necessary to correct a
situation that is hazardous to the public, the director shall immediately
notify the licensee. If the licensee does not commence the emergency
repair promptly, the director may, in his sole discretion, cause
performance of such emergency repair work as is necessary to correct the
hazardous situation. The licensee shall reimburse the City for the actual
direct and indirect costs of the work necessary to correct the hazardous
situation, including cleanup. The licensee shall maintain the emergency
repair until the licensee completes final repairs.
B. If the director determines that a problem with a service
provider's existing facility in a public right-of-way requires an emergency
repair to correct a situation that is hazardous to the public, the director
shall immediately notify the service provider. If the service provider does
not commence the emergency repair promptly, the director may, in his
sole discretion, cause performance of such emergency repair work as is
necessary to correct the hazardous situation. The service provider shall
reimburse the City for the actual direct and indirect costs of the work
necessary to correct the hazardous situation, including cleanup. The
service provider shall maintain the emergency repair until the service
provider completes final repairs.
Sec. 6-14-13. Fees.
All fees charged under this ordinance shall be established by
resolution of the City Council
Sec. 6-14-14. Effects of Article on Persons Engaged in Construction.
Any franchise issued prior to May 1, 2001 will remain subject to
the terms and conditions of City ordinances and requirements in effect at
the time of issuance of the permit and is not affected by this article, except
that, upon expiration or conclusion of the permit, a new or renewal permit
must be obtained in accordance with this article."
SECTION 2. . All provisions of this ordinance of the City of Coppell is an addition
other ordinances or charter provisions; however, in the event this is in conflict with the
provisions of this ordinance, be, then the provisions and the same are hereby, repealed, and all
PAGE 24
39612
other provisions of the ordinances of the City of Coppell not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City of Coppell,Texas.
SECTION 4. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter is such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this/0S-1-4-day of
, 2001.
APPROV'D
/ / ,
By: '/ &`t
C Ac 5 Y SHEE A ', AYOR
ATTEST:
B • / , . e•
LIBBY B'41L, CITY SECRETARY
APPROVED - F. I '4 :
BY: //, l
ROBERT E. H-i:ER, CITY ATTORNEY
(REH/cdb 4/16/01)
PAGE 25
39612