§ 74.154. Permit.

(a)

Any person desiring to carry on construction within a public right-of-way shall apply to the director for a permit to carry on construction. A temporary road closure permit must also be obtained as prescribed in section 74.027.

(1)

The director shall promulgate forms, policies and procedures to facilitate the applications, including but not limited to requirements for plans and specifications to govern construction, a copy of which forms, policies and procedures as well as any and all amendments thereto are on file in the office of the city clerk.

(2)

The director shall promulgate design and materials standards for the placement or replacement of any pavements, curbs, gutters, sidewalks, inlets, water lines, wastewater lines or any other public facility which may be included in or disturbed by any construction, a copy of which standards as well as any and all amendments thereto are on file in the office of the city clerk.

(b)

Exceptions:

(1)

Emergency operations. Any ROW user may begin emergency operations without a permit; provided however, that the ROW user shall follow the procedures in subsection (f) of this section.

(2)

City maintenance activities, construction or other activity performed by the city's own forces performed in the public right-of-way.

(3)

Permits issued under chapter 74, article 5, standards for public right-of-way access, as amended.

(c)

A fee shall be paid to the city upon application for a right-of-way permit unless provided otherwise in section 74.155. The amount of the application fee is established by resolution of the city council. No application shall be considered to have been received by the city until the fee has been paid.

(d)

When acting to approve an application and to grant a right-of-way permit, the director:

(1)

May impose restrictions upon the timing of construction which, in his opinion, are reasonable measures to protect the safety and convenience of the general public.

(2)

Shall prescribe the placement of barricades and warning lights and signs which are, in his opinion, reasonable measures to protect the safety of the general public and of the workers performing the construction.

(e)

If the director disapproves an application for a right-of-way permit and denies it, the applicant shall be notified of this action in writing via certified mail. This notice shall include a statement of the reasons for disapproval and denial. An application for a right-of-way permit may only be denied for the following reasons, which are not subject to appeal:

(1)

The contents of the application do not fulfill the requirements outlined in this article and/or as prescribed in the city right-of-way construction policies and procedures as promulgated by the director.

(2)

The design and/or materials proposed for execution of the construction do not meet the standards prescribed in the city right-of-way construction policies and procedures or the manual for design and construction.

(f)

Special procedures for emergency operations are as follows:

(1)

Any person who initiates emergency operations in a public right-of-way shall notify the police department and the fire department before initiating construction.

(2)

On the first working day following the initiation of emergency operations, the person initiating the operations shall perform all actions prescribed by this article and/or by the regulations promulgated pursuant to this article for issuance of a right-of-way permit.

(3)

Any person who initiates emergency operations shall contact the Texas One-Call System or any other company operating under the One-Call Statute and, to the extent required by Chapter 251 of the Texas Utilities Code, as amended, make inquiries of all ditch companies, utility companies, districts, local government departments, and all other ROW users that might have facilities in the area of work to determine possible conflicts in a public right-of-way shall notify the Dig-Tess service or other appropriate emergency line and utility location entities as required by state statute.

(Ord. No. 2011-24, § 1, 5-17-11; Ord. No. 2018-04 , § 22, 4-17-18)