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G-00-08-10-9B2 - 8/10/2000ORDINANCE NO. '©O -D& )c - AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 10.900 PROVIDING REGULATIONS FOR CONSTRUCTION WITHIN CITY RIGHTS-OF-WAY; PROVIDING FOR REGISTRATION AND CONSTRUCTION PERMITS; PROVIDING FOR CONSTRUCTION STANDARDS; PROVIDING FOR "PLANS OF RECORD" PLANS; PROVIDING FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS; PROVIDING FOR IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR TYPES OF FACILITIES; PROVIDING FOR RESTORATION OF PROPERTY; PROVIDING FOR INSURANCE AND PERFORMANCE BONDS; PROVIDING FOR REVOCATION OR DENIAL OF PERMITS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I . That Chapter 10, Code of Ordinances (1995 Edition), City of Round Rock is hereby amended by adding a new section to read as follows: SECTION 10.900 RIGHT-OF-WAY CONSTRUCTION 10.901 RIGHT -OF WAY CONSTRUCTION No one shall commence or continue with the construction, installation or operation of facilities within any right-of-way in the city except as provided by agreement, ordinances, and directives of the Public Works Department. All construction activity in city rights-of-way shall be in accordance with this ordinance. 10.902 REGISTRATION AND CONSTRUCTION PERMITS (1) Registration In order to protect the public health, safety and welfare, all users of any rights-of-way will register with the City of Round Rock. Registration and permits will be issued in the name of the person who will own the facilities. Registration must be renewed every five (5) years. For utilities with a current franchise or license, the franchise or license will be evidence of renewal. If a registration is not renewed, subject to sixty (60) day notification to the owner, the facilities of the user will be deemed to have been abandoned. When any K:\WPDOCS\ORDINANC\000810B2.WPD/jkg information provided for the registration changes, the user will inform the City of Round Rock of the change no more than thirty (30) days after the date the change is made. Registration information shall include: (a) Name of the user of the right-of-way; (b) Name, address and telephone number of contact person(s) for the user; (c) Name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the user; (d) Name(s) and telephone number(s) of emergency contact(s) who shall be available twenty-four (24) hours a day; and (e) Proof of insurance and bonds as follows: (i) An applicant must provide a certificate of insurance on forms provided by the City showing proof of liability insurance in the total amount of one million dollars ($1,000,000) primary, if requested by the owner of the facilities, or other provisions as acceptable to the City Attorney or designee. (ii) The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards. (iii) Each policy must be with a company licensed to do business in the state of Texas, acceptable to City, and must be on forms provided by City. (iv) The certificate of insurance must include a cancellation provision in which the insurance company is required to notify City in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits. (v) The certificate of insurance must include an endorsement naming the City as an additional insured. (vi) The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number, name of the insurance company, name and address of the agent or authorized representative of the insurance company, name and address and telephone number of insured, policy expiration date, and specific coverage amounts. (vii) The applicant shall file an annual surety bond which will be valid each year construction will occur through one (1) full year after the completion of the construction from a surety company authorized to do business in the state of Texas, acceptable to City, and must be on forms provided by City. Such surety bond will be in the amount of the estimated cost to restore the right-of-way for the work anticipated to be done in that year, in the event the applicant leaves a jobsite in the right-of-way unfinished, incomplete or unsafe. (viii) The above requirements may be met by utilities with a current franchise or license if their current franchise or license adequately provides for insurance or bonds or provides an indemnity in favor of City. (2) Construction permits (a) No person shall perform any construction or installation of facilities in the rights-of-way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the facilities to be constructed. The permit must be completed and signed by a lawful representative of the owner of the facilities to be constructed. (b) Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the Public Works Department shall be notified in writing within two (2) business days of any construction related to an emergency response, including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable. (c) The phrase "construction or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement, the closure of a nonresidential traffic lane, excavation, or boring. (d) The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place, and any other conditions set out by the Director of Public Works or designee. (e) Requestor of a permit will provide the Director of Public Works or designee with documentation in the format specified by the Public Works Department describing: (i) The proposed, approximate location and route of all facilities to be constructed or installed and the applicant's plan for right-of- way construction. (ii) Engineering plans which will be on a scale of one inch (1") equals fifty feet (50') unless otherwise approved by the Public Works Department. (iii) Detail of the location of all right-of-way and utility easements which applicant plans to use. (iv) Detail of all existing city utilities in relation to applicant's proposed route. (v) Detail of what applicant proposes to install, such as pipe size, number of interducts, valves, etc. (vi Detail of plans to remove and replace asphalt or concrete in streets (include City of Round Rock standard construction details). (vii) Drawings of any boxes, trenches, handholes, manholes, switch gears, transformers, pedestals, etc. including depth located in public right-of-way. (viii) Handhole and/or manhole typicals of type of manholes and/or handholes applicant plans to use or access. (ix) Complete legend of drawings submitted by applicant. (x) Five (5) sets of engineering plans must be submitted with permit application. (xi) 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 required prior to the commencement of any work. (xii) The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way and the dates and times work will occur, all of which shall be subject to approval of the Director of Public Works or designee. (xiii) A statement that the requirements of Section 2(A)(5) "Proof of insurance and bonds" have been met. (0 All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The Director of Public Works or designee shall be provided access to the work and to such further information as may reasonably be required to ensure compliance with the permit. (g) A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the Director of Public Works or designee at all times when construction or installation work is occurring. (h) 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 of Public Works. The Director of (i) Public Works or designee will use best efforts to approve or disapprove a request for extension as soon as practicable. 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 of Round Rock, if requested by the Public Works Department. (j) A request for a permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the Director of Public Works or designee. (k) Requests for permits will be approved or disapproved by the Director of Public Works or designee within a reasonable time of receiving all the necessary information. The Director of Public Works or designee will use best efforts to approve or disapprove a request for permit as soon as practicable. The Public Works Department or the applicant can request a pre - construction meeting with the permittee and construction contractor. Permit applications are required for construction on new, replacement or upgrading of the company's facilities in the right-of-way, either aerial or underground. 10.903 CONSTRUCTION STANDARDS (1) The Department of Public Works must be notified at least twenty-four (24) hours in advance that construction is ready to proceed by either the right-of-way user, its contractor, or authorized representative. (2) All construction shall be in conformity with all city codes and applicable local, state, and federal laws. (3) Three foot by three foot (3' x 3') information signs stating the identity of the entity doing the work, its telephone number, and permittee's identity and telephone number shall be placed at the location where construction is to occur at least forty-eight (48) hours prior to the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. An informational sign will be posted on public right-of-way one hundred feet (100') before the construction location commences and each one hundred feet (100') thereafter, unless other posting arrangements are approved or required by the Public Works Director. (4) Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones, and barricades must be properly in place before work begins. (5) Lane closures on major thoroughfares will be limited after 8:30 a.m. and before 4:00 p.m. unless the Public Works Department grants prior approval. Arrow boards will be required on lane closures, with all barricades, advance warning signs and thirty-six inch (36") reflector cones placed according to the specifications of the Public Works Department. 5 (6) Permittees are responsible for the workmanship and any damages by a contractor or subcontractor. A responsible representative of the permittee will be available to the Public Works Department at all times during construction. (7) Permittee shall be responsible for storm water management erosion control that complies with city, state, and federal guidelines. Requirements shall include, but shall not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. Upon request, permittee may be required to furnish documentation submitted or received from the federal or state governments. (8) Permittee or contractor or subcontractor shall notify the Public Works Department immediately of any damage to other utilities, either city owned or privately owned. (9) It is City's policy not to cut streets or sidewalks; however, when a street or sidewalk cut is required, prior approval must be obtained from the Public Works Department and all requirements of the Public Works Department shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and/or pedestrian traffic. (10) Installation of facilities must not interfere with city utilities, in particular gravity dependent facilities. (11) New facilities must be installed to a depth approved by the Public Works Department. (12) All directional boring shall have locator place bore marks and depths while bore is in progress. Locator shall place mark at each stem with paint dot and depth at least every other stem. (13) Working hours in the rights-of-way are 7:00 a.m. to 6:00 p.m. Monday through Friday. Work that needs to be performed after 6:00 p.m. Monday through Friday must be approved in advance. Any work performed on Saturday must be approved twenty-four (24) hours in advance by the Public Works Department. Directional boring is permitted only Monday through Friday from 7:00 a.m. to 6:00 p.m. unless approved in advance. No work will be done, except for emergencies, on city holidays. (14) Entities working in the right-of-way are responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the Geographic Information System or the plans of record does not satisfy this requirement. (15) Permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the Public Works Department, the permittee shall verify locations by potholing, hand digging, or other method approved by the Public Works Department prior to any excavation or boring, with the exception of work involving lane closures as detailed above. (16) Placement of all manholes and/or handholes must be approved in advance by the Public Works Department. Handholes or manholes will not be located in sidewalks unless approved by the Public Works Director. 6 (17) Locate flags shall not be removed from a location while facilities are being constructed. (18) Construction which requires pumping of water or mud shall be contained in accordance with City of Round Rock ordinances and federal and state law and the directives of the Public Works Department. 10.904 "PLANS OF RECORD" PLANS (1) Right-of-way users will provide the Public Works Director or designee with "plans of record" within ninety (90) days of completion of facilities in the right-of-way. Users which have existing facilities in the right-of-way (as of the date of passage of an ordinance reflecting the contents of this Agreement) who have not provided "plans of record" plans shall provide one-quarter (1/4) of the information concerning facilities in city rights-of-way within one (1) year after passage of such ordinance, and one-quarter (1/4) each six (6) months thereafter. The plans shall be provided to City with as much detail and accuracy as required by the Public Works Director. All of the requirements specified for the plans submitted for the initial permit, as set forth herein in Section 2, shall be submitted and updated in the "plans of record." The detail and accuracy will concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. The detail will not include matters such as capacity of lines, customers, or competitively sensitive details. Submittal of "plans of record" shall be in digital format. (2) This requirement, or portions of this requirement, may be waived by the Director of Public Works for good cause. 10.905 CONFORMANCE WITH PUBLIC IMPROVEMENTS Whenever by reason of widening or straightening of streets, water, or sewer line projects or any other public works projects (e.g. installation or improvement of storm drains, water lines, sewer lines, etc.) it shall be deemed necessary by the governing body of City to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user to another part of the right-of-way, such alterations shall be made by the owner of the facilities at its expense (unless provided otherwise by state law or a franchise in effect on the date of passage of an ordinance reflecting the contents of this Agreement until that franchise expires or is otherwise terminated) within the time limits set by the Public Works Director or designee working in conjunction with the owner of the facilities; or if no time frame can be agreed upon, within ninety (90) days from the day the notice was sent to make the alterations, unless a different schedule has been approved by the Public Works Director or designee. Facilities not moved after ninety (90) days or within the approved schedule, as same may be extended from time to time, shall be deemed abandoned after thirty (30) days notice. 10.906 IMPROPERLY INSTALLED FACILITIES (1) Any entity doing work in the city right-of-way shall properly install, repair, upgrade and maintain facilities. (2) Facilities will be considered to be improperly installed, repaired, upgraded or maintained if: 7 (a) the installation, repair, upgrade or maintenance endangers people; (b) the facilities do not meet applicable city codes; (c) the facilities are not capable of being located using standard practices; (d) the facilities are not located in the proper place at the time of construction in accordance with the directions provided by the Public Works Department. 10.907 RESTORATION OF PROPERTY (1) Users of the rights-of-way shall restore property affected by construction of facilities to a condition that is equal to or better than the condition of the property prior to performance of the work. After completion, restoration must receive final approved by the Public Works Department. (2) Restoration must be to the reasonable satisfaction of the Public Works Department and the property owner. The restoration shall include, but shall not be limited to: (a) Replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by the Public Works Department; (b) Installation of all manholes and handholes, as required; (c) Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, unless other safety requirements are approved by the Public Works Department; (d) Leveling of all trenches and backhoe lines; (e) Restoration of excavation site to city specifications; (f) Restoration of all landscaping, ground cover, and sprinkler systems; (3) All locate flags shall be removed during the clean-up process by the permittee or its contractor at the completion of the work. (4) Restoration must be made in a timely manner as specified by approved Public Works Department schedules and to the satisfaction of the Public Works Director or designee. If restoration is not satisfactory and performed in a timely manner, all work in progress (except that related to the problem), including all work previously permitted but not complete, may be halted and a hold may be placed on any permits not approved until all restoration is complete. 8 10.908 REVOCATION OR DENIAL OF PERMIT If any of the provisions herein are not followed, a permit may be revoked by the Public Works Director or designee. If an entity has not followed the terms and conditions contained herein in work done pursuant to a prior permit, new permits may be denied and/or additional terms and conditions may be required. 10.909 APPEAL FROM REVOCATION OR DENIAL OF PERMIT Appeal from revocation or denial of a permit or from the decision of the Public Works Director shall be to the City Council. Appeal shall be filed with the City Secretary within fifteen (15) days from the date of the decision being appealed. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 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, and the Act. 9 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. nth READ, PASSED, and ADOPTED on first reading this /O day of IA , 2000. Alternative 2. READ and APPROVED on first reading this the day of 2000. READ, APPROVED and ADOPTED on second reading this the day of , 2000. ATTEST: E LAND, City Secretary ROB 'T A. STLUKA, &R., Mayor City of Round Rock, Texas DATE: August 4, 2000 SUBJECT: City Council Meeting — August 10, 2000 ITEM: 9.B.2. Consider an ordinance amending Chapter 10, Code of Ordinance, (1995 Edition) City of Round Rock, Texas to provide for regulations regarding construction within the public right-of-way. (First Reading) Staff Resource Person: Jim Nuse, Public Works Director.