G-10-06-10-8B1 - 6/10/2010ORDINANCE NO.' ' 0-- 04- (t' e7i
AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.900, CODE
OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,
REGARDING THE CONSTRUCTION AND USE OF CITY PUBLIC
RIGHTS-OF-WAY; AND PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
Chapter 10, Section 10.903, Code of Ordinances (1995 Edition), City of Round Rock,
Texas, is hereby amended to read as follows:
10.903 DEFINITIONS
For the purposes of this Section 10.900, the following words, terms and phrases, shall
have the meaning ascribed to them except where the context clearly indicates a different
meaning:
(1) Business Day shall mean any day of the week, not including Saturday, Sunday, or
Holiday observed by the City.
(2) Certificated Telecommunications Provider shall mean the same as defined in Texas Local
Government Code Section 283.002(2): any entity that 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 to offer local
exchange telephone service or a person that provides voice service, as defined in Texas
Local Government Code Section 283.002(2).
(3)
City shall mean The City of Round Rock, Texas. As used throughout, the term City also
includes the designated agent of the City.
(4) City Property shall mean all buildings, infrastructure, bridges, parks, golf courses,
parking lots and other real property owned by the City that is not dedicated for utility or
street transportation purposes.
(5)
Design and Construction Standards (DACS) shall mean the design and construction
standards that have been adopted by ordinance by the City Council and as may be
amended from time to time.
(6) Director shall mean the Chief of Public Works Operations, or the designee of the Chief of
Public Works Operations, or the designated Director of the City's department
administering this program or such Director's designee.
00193855.DOC
(7) Emergency shall mean a customer service interruption or a condition that threatens
imminent harm to property or to health and safety.
(8) Facility or Facilities shall mean any and all of the wires, cables, fibers, duct spaces,
manholes, poles, conduits, pipes underground and overhead passageways and other
equipment, structures, plants and appurtenances and all associated physical equipment
placed in, on or under the Public Rights -of -Way.
(9)
Person shall mean a natural Person (an individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint stock company or
association, and other such entity.
(10) Public Rights -of -Way shall mean the same as defined in Texas Local Government Code
§ 283.002(6): the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, waterway, or utility easement in which the City has an interest. The term
does not include the airwaves above a Public Rights -of -Way with regard to wireless
telecommunications. The term does not include City Property and rights-of-way owned
by the state of Texas or agency thereof.
(11) Utility Company or Utility Companies shall mean any Person or entity that owns or
operates Facilities.
II.
Chapter 10, Section 10.904, Subsection (1)(b), Code of Ordinances (1995 Edition), City
of Round Rock, Texas, is hereby amended to read as follows:
10.904 MUNICIPAL AUTHORIZATION REQUIRED
(1) Construction Permit Required
(b) Construction Permit Application
With such application, applicants shall submit to the Director written applications
identifying the applicant and all affiliates that may have physical control of
Facilities within the Public Rights -of -Way, with plans of the proposed work,
general description of the services to be provided, a construction schedule, and a
general description of the expected impact and effect on Public Rights -of -Way as
detailed in Section 10.906.1 below.
III.
Chapter 10, Section 10.906, Subsections (6)-(15), Code of Ordinances (1995 Edition),
City of Round Rock, Texas, are hereby amended to read as follows:
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10.906.1 CONSTRUCTION PERMITS
(1) Except as provided in subsection (c) and (d) below, all Utility Companies must obtain a
construction permit before performing any new construction or replacement, upgrading,
excavation, installation, expansion, reconstruction, relocation, alteration, removal,
maintenance or repair of Facilities in the Public Rights -of -Way. The permit will be in the
name of the Utility Company who will own the Facilities to be constructed. The permit
must be completed and signed by a lawful representative of the owner of the Facilities to
be constructed. Failure to obtain a required construction permit will subject the Utility
Company to a stop -work order from the City and enforcement action pursuant to this
code.
(2) Except as provided in subsection (c) and (d) below, a Utility Company must submit an
application for a construction permit at least seven (7) days prior to the proposed
commencement of work in the request and must obtain the construction permit 48 hours
prior to any excavation, construction, installation, expansion, reconstruction, relocation,
alteration, removal, maintenance or repair of the Utility Company's Facilities. The
aforesaid seven (7) day and/or 48 hour requirement may be waived or altered by the City
for good cause shown by the applicant.
(3)
No permit is required for the installation of facilities necessary to provide primary or
regular service to a customer's property or performing routine repair or maintenance of
existing facilities, unless the Utility Company's activities require:
(a) the breaking of the asphalt, concrete or similar surface of the Public Rights -of -
Way;
(b) the installation of a pole within the Public Rights -of -Way;
(c) the installation of an appurtenance extending to or above the surface of the Public
Rights -of -Way within two feet of a curb, sidewalk, or driveway, or within Public
Rights -of -Way containing roadways without barrier curbs;
(d) excavation greater than three feet in depth or ten feet in length within the Public
Rights -of -Way;
(e) the closure of a traffic lane; or
(f) boring within the Public Rights -of -Way.
(4) No permit is required before performing Emergency repair or maintenance, provided
however that if such Emergency repair or maintenance requires breaking of the asphalt,
concrete or similar surface of the Public Rights -of -Way, the Utility Company performing
such work shall notify the Director immediately, and in no event later than two hours,
after the commencement of breaking of the asphalt, concrete or similar surface. Any
Utility Company performing Emergency repair or maintenance in the Public Rights -of -
Way that does not require the breaking of the asphalt, concrete or similar surface of the
Rights -of -Way shall provide the Director with notice of any work performed by the next
business day from the commencement of such work. A Utility Company shall provide the
Director with a written, reasonably detailed description of Emergency repair or
maintenance work performed in the Public Rights -of -Way and an updated map of any
Facilities that were relocated within twenty (20) business days of completion of such
work. In addition, the Utility Company shall comply with the requirements of this
Section 10.900 for the restoration, replacement or repair of the Public Rights -of -Way.
If non -pavement excavation required for the installation of facilities necessary to initiate
service to a customer's property or for routine repair or maintenance cannot be backfilled
at the end of a business day, then the Utility Company performing the excavation shall
fence off the excavated area. If such non -pavement excavation cannot be backfilled by
(5)
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the following business day, the excavation must be fenced off and a permit application
must be submitted to the City the next business day.
(6) Insurance and Bonding will be required in accordance with Section 10.910 below.
(7)
If the Utility Company fails to act upon any permit within ninety (90) calendar days of
issuance, the permit shall expire unless extended by the City upon a showing of good
cause. Upon expiration of a permit, a Utility Company shall be required to obtain another
permit pursuant to the requirements of this Section 10.900.
(8) The permit shall state to whom it is issued, location of work, location of Facilities, dates
and times work is to take place, and any other reasonable conditions set out by the
Director.
(9)
No permit shall be issued until the Utility Company requesting the permit provides the
Director, in the format specified by the City, the following:
(a) The completed application with the approximate location and proposed routing of
new construction or reconstruction of all Facilities at least seven (7) days before
beginning construction or reconstruction that involves an alteration to the surface
or subsurface of the Public Rights -of -Way, unless otherwise approved by the
Director and the applicant's plan for right-of-way construction or reconstruction.
A Utility Company may not begin construction until the location of new
Facilities and proposed routing of the new construction or reconstruction and all
required plans and drawings have been approved in writing by the City, which
approval will not be unreasonably withheld, taking due consideration of the
surrounding area and alternative locations for the Facilities and routing. In the
event a Utility Company is required to commence construction within less than
seven days in order to comply with service objectives set by the Public Utility
Commission of Texas, the Utility Company shall provide notification of such
requirement to the City with the completed application and the Utility Company
may commence construction no sooner than one business day following
submission of the application to the City; in the event the City subsequently
reasonably withholds approval, the Utility Company shall adjust its application
and any associated installed facilities to comply with the City's requirements.
Furthermore, the Utility Company shall provide personnel to respond to the
City's requests regarding the application on a reasonably continual basis for the
business day after the time the application is submitted.
(b) For review, one set of construction plans in an electronic format acceptable to the
Director, or two hard copy sets of construction plans. Upon approval of the
application by the Director, three sets of construction plans each with a copy of
the approved application shall be delivered in hard copy to the Director.
Construction plans shall clearly display footages, reference points, tie-ins and
proposed alignments of items being constructed. It is recommended that non -
structure construction plans be drawn to scale, but if not, they shall be of a size
and of sufficient detail that is reasonably clear and readable as determined by the
Director. Construction plans for structures must be prepared on a recognized
scale no smaller than 1" = 50', unless otherwise approved by the Director, and
must be sealed by a professional engineer to the extent required by The Texas
Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes.
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(c) Except as provided below, the construction plans shall show all features as set
forth herein. For utility construction involving the placement of new or
replacement poles or utilizing underground trenchless technology, the
construction plans shall show all features located within seven (7) feet on either
side of the proposed Facilities. For utility construction utilizing excavated
trenches, the construction plans shall show all features located within seven (7)
feet on either side of the excavation. The features that are required to be shown
on the plans include existing underground and aerial wires or conduits, ducts,
poles, wires, pipes, sewerage, water lines, and cables as well as their ownership;
traffic signal and street light poles; fire hydrants; driveways; curbs, inlets and
drains; sidewalks and wheelchair ramps; and trees and large shrubs. If the nature
of the proposed Facilities or specific site conditions warrants it, the Director may
increase the above distance to fifty feet (50'). For construction within Rights -of -
Way containing streets, roads, or highways, drawings shall show horizontal
dimensions from the curb line or edge of pavement, or if a sidewalk exists, from
the edge of sidewalk when not on the road or street side of the sidewalk, provided
however, the Director may require drawings to show dimensions from specific
lines or features when a more uniform alignment would be achieved as
determined by the Director. Within other Rights -of -Ways, drawings shall show
horizontal dimensions from property lines or easement lines, Drawings shall
show elevation data including depth of installation and separation distances from
other utilities. If typicals are used, they shall reference the station numbers for
which they are to be applied. Traffic control plans shall be in conformance with
the latest revision of the Texas Manual on Uniform Traffic Control Devices
(TMUTCD). The Director may accept construction plans which deviate from the
standards contained herein, so long as good cause is shown, and such a deviation
is applied in a competitively neutral, non -discriminating manner. Regardless of
the above, features other than those to be utilized by the Utility Company for its
construction need not be shown for projects that entail the installation of
additional or replacement equipment on existing poles, or the installation of
additional ducts, inner ducts, or cable within existing conduit, and which do not
entail either the installation of new poles or conduit, or the alteration of the
surface or subsurface of the Public Rights of Way.
(d) Location of all Public Rights -of -Way and utility easements which applicant plans
to use.
(e) Detail of all existing City utilities in relation to applicant's proposed route.
(f) Description of what the applicant proposes to install, including but not limited to
pipe size, number of conduits, and valves, with appropriate details attached.
(g) Location of areas where asphalt or concrete in streets will be removed and
replaced, with appropriate plans and details that include City of Round Rock
standard construction details and Development and Construction Standards
(DACS), as appropriate.
(h) Drawings of any boxes, trenches, handholes, manholes, switch gears,
transformers, pedestals, etc. including depth located in Public Rights -of -Way.
(i) Handhole and/or manhole typicals of type of manholes and/or handholes
applicant plans to use or access.
(j) Complete legend of drawings submitted by the applicant.
(k) Name, address and telephone numbers of the contractor or subcontractor who
will perform the actual construction, including the name and telephone number of
an individual with the contractor who will be available at all times during
construction. Such information shall be provided as soon as it is known by the
Utility Company, but in any event prior to the commencement of construction
and shall be amended by the Utility Company as necessary during the course of
the work by written notification to the Director.
(1) The construction and installation methods to be employed for the protection of
existing structures, fixtures, and facilities within or adjacent to the right-of-way
and the dates and times work will occur.
(m) A copy of any permit or approval issued by federal or state authorities for work in
federal or state right-of-way located within the City, if requested by the Director.
(10) The Director shall have the authority to place reasonable conditions and restrictions on the
permit in order to protect the health, safety and welfare of the citizens of the City, as well as
for the protection of property located within or adjacent to the right-of-way.
(11) All construction and installation in the Public Rights -of -Way shall be accomplished by
the Utility Company in strict compliance with the permit for the Facilities. The Director
shall be provided access to the work and to such further information as may reasonably
be required to ensure compliance with the permit. No deviation whatsoever from the
permit shall be allowed without the Director's approval in writing of a permit
amendment. When conditions warrant, such permit amendment may be accomplished
with a written amendment in the field.
(12) The Director may inspect the site to ensure compliance with the permit and shall conduct
a final inspection of the site and provide final approval of the work permitted. The
Director shall make a reasonable effort to complete the final inspection within five days
following notification by the Utility Company that the project has been completed. Upon
final inspection, if the Director finds that the permit has not been complied with, the
Director will provide written notice to the Utility Company regarding the work to be
performed in order to obtain final approval.
(13) Copies of the approved construction permit and approved engineering plans shall be
maintained at the construction site and made available for inspection by the Director at all
times when construction or installation work is occurring.
(14) All construction or installation work authorized by permit must be completed in the time
specified in the construction permit. If the work cannot be completed in the specified
time periods, the permittee may request an extension from the Director. The Utility
Company shall notify the City's contact specified on the approved permit application at
least one business day and no more than three business days prior to beginning the work
authorized by the permit, or prior to continuing the work if work has been suspended for
more than three business days.
(15) Requests for permits will be approved or disapproved by the Director within a reasonable
time of receiving all the necessary information.
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(16) The Director may require a pre -construction meeting with the permittee and construction
contractor.
(17) If the Director declares an emergency with regard to the health and safety of the citizens
and requests by written notice the removal or abatement of Facilities, or requests the
relocation of a Utility Company's Facilities in accordance with Section 10.909(4), a
Utility Company shall remove or abate the Utility Company's Facilities by the deadline
provided in the Director's request. The Utility Company and the City shall cooperate to
the extent possible to assure continuity of service. As stated in section 10.904(1)(a), a
construction permit application fee is not required for City initiated relocation projects. If
the Utility Company, after notice, fails or refuses to act, the City may remove, relocate or
abate the Facility, at the sole cost and expense of the Utility Company, without paying
compensation to the Utility Company and without the City incurring liability for
damages. Upon receipt of an invoice from the City, the Utility Company shall promptly
reimburse the City for all costs incurred by the City within thirty (30) calendar days from
the date of the City invoice.
(18) In determining whether any requirement under this Section 10.900 is unreasonable or
unfeasible, the Director shall consider, among other things, whether the requirement
would subject the Utility Company to an unreasonable increase in risk or service
interruption, or to an unreasonable increase in liability for accidents, or to an
unreasonable delay in construction or in availability of its services, or to any other
unreasonable technical or economic burden, and the Utility's obligations as a provider of
last resort pursuant to the provisions of the Texas Utilities Code.
(19) A Utility Company issued a permit pursuant to this Section 10.900 shall, at all times,
employ the standard of care attendant to the risks involved to prevent actions, failures and
accidents that may cause damage, injury or nuisance to Persons, the public, the Facilities
of other Utility Companies, or to any City structures or structures owned by other Utility
Companies located in the Public Rights -of -Way. A Utility Company issued a permit
pursuant to this Section 10.900 shall observe all federal and state statutes and regulations
and all applicable City Ordinances and Safety Codes. A Utility Company issued a permit
pursuant to this Section 10.900 shall keep and maintain its Facilities in a safe and suitable
condition, and in good order and repair.
IV.
Chapter 10, Section 10.908, Subsections (5)(b) and (d) and (8), Code of Ordinances
(1995 Edition), City of Round Rock, Texas, are hereby amended to read as follows:
10.908 CONSTRUCTION STANDARDS
(5) Except in the case of an Emergency, or as otherwise approved by the Director:
(b) Working hours in the Public Rights -of -Way are limited to the hours between 7:00
a.m. to 6:00 p.m. Monday through Friday. When work on Saturdays, Sundays, or
City observed holidays is allowed as provided in 10.908 (5) (d) below, working
hours are limited to the hours between 9:00 a.m. and 6:00 p.m. on Saturdays and
City observed holidays, and between noon and 6:00 p.m. on Sundays. Work to be
performed after 6:00 p.m. must be approved in writing by the Director in
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advance. Regardless of the above, work before sunrise or after sunset is
prohibited unless appropriate provisions for night work as approved by the
Director are implemented.
(d) Work on Saturdays, Sundays and City observed holidays is generally
discouraged, however such work may be authorized when the Director
determines that the work is in the best interest of the public. The Director's
determination shall be based on factors including but not limited to the following:
(i) the work will cause less disruption to pedestrian or vehicular traffic, or the
public than that caused on a weekday; (ii) the availability and necessity of City
staff to inspect or otherwise administer the provisions of this Section with respect
to the work; and (iii) any special activities planned or occurring at the site of the
work. Any work in the Public Rights -of -Way performed on Saturdays or City
observed holidays must be approved in writing by the Director at least forty-eight
(48) hours in advance. Any work in the Public Rights -of -Way performed on
Sundays must be approved in writing by the Director at least seventy-two (72)
hours in advance.
(8) It is City's policy to discourage the cutting of street and sidewalk pavements and the
blocking of sidewalks or other pedestrian paths; however when a street or sidewalk
pavement cut is required, prior approval must be obtained in accordance with Section
10.300 of this Code and all requirements provided in Section 10.300 shall be followed.
When a sidewalk or other pedestrian path must be blocked or cut, temporary measures
shall be provided to accommodate pedestrian traffic as approved by the Director. Such
measures may include the construction of a temporary pedestrian pathway in accordance
with State Accessibility Standards. Repair of all street and sidewalk pavement cuts must
be made promptly to avoid safety hazards to vehicle and/or pedestrian traffic.
v.
Chapter 10, Section 10.916, Code of Ordinances (1995 Edition), City of Round Rock,
Texas, is hereby amended to read as follows:
10.916 GOVERNING LAW
This Section 10.900 shall be construed in accordance with the City Code(s) in effect on the date
of passage of this Section 10.900 to the extent that such Code(s) are not in conflict with or in
violation of the Constitution and laws of the United States or the State of Texas, subject to the
City's ongoing authority to adopt reasonable police power based regulations to manage its Public
Rights -of -Way, pursuant to Sections 10.906, 10.906.1, and 10.907 or as otherwise provided by
law.
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VI.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed. This ordinance shall not be construed to repeal or invalidate any franchises in
effect at the time of its passage.
B. The invalidity of any section or provision of this ordinance shall not invalidate
other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Ordinance and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the Council
members present, the requirement for reading this ordinance on two separate days was dispensed
with.
READ, PASSED, and ADOPTED on first reading this 1 Ot day of
V11L , 2010.
Alternative 2.
2010.
READ and APPROVED on first reading this the day of
READ, APPROVED and ADOPTED on second reading this the day of
, 2010.
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ATTEST:
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
10
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. 8B1.
Ci Council A enda Summar Sheet
Consider an ordinance amending Chapter 10, Section 10.900, Code of Ordinances,
Agenda Caption: regarding the construction and use of City public right-of-ways. (First Reading)
Meeting Date: June 10, 2010
Department: Engineering and Development Services
Staff Person making presentation: Danny Halden
City Engineer
Item Summary:
Section 10.900 of the Round Rock City Code of Ordinances (1995 Edition) governs the use of the City's rights-of-way
by Utility Companies. This amendment was developed upon staff review of the ordinance after consideration of
issues raised by AT&T. The amendment would re -organize former section 10.906(6) into a new section 10.906.1 and
change references throughout the current ordinance to this new section designation; would add clarification
regarding the installation of facilities necessary to provide primary or regular utility service [proposed Section
10.906.1(3)]; would allow for commencement of utility construction sooner than previously allowed when Public
Utility Commission service objectives are applicable [proposed Section 10.906.1(9)(a)]; would remove the
requirement for scaled drawings of non -structure construction plans [proposed Section 10.906.1(9)(b)]; would
clarify information required to be shown in construction plans [proposed Section 10.906.1(9)(c)]; would add
notification requirements [proposed Section 10.906.1(14)]; would amend current language regarding working hours
and work on Saturdays, Sundays and Legal Holidays [Section 10.908(5)(b) and (d)]; and would amend the current
language with respect to construction that blocks pedestrian paths or sidewalks [section 10.908(8)].
Strategic Plan Relevance:
9.0 Ensure plans, polices, and procedures are consistent with the vision, intent, and goals of the strategic plan
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: No action required on this item