§ 74.157. General right-of-way use and construction.

(a)

Minimal interference. Work in the public right-of-way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Facilities shall be constructed or maintained in such a manner as not to interfere with sewers, water pipes, or any other property of the city, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the right-of-way by, or under, the city's authority. Facilities shall adhere to minimum separation dimensions and all other aspects of city standard specifications at the time of construction. Facilities shall be located, erected, and maintained so as not to endanger or interfere with the lives of persons, or to interfere with city's Facilities or to unnecessarily hinder or obstruct the free use of the right-of-way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation, or removal thereof, and shall not obstruct or impede traffic.

(b)

A temporary road closure permit prescribed in section 74.027 shall be required in accordance with section 74.027(b).

(c)

Responsibilities under permit; location of facilities.

(1)

ROW users shall coordinate with other utilities and protect existing facilities. A ROW user working in the right-of-way shall obtain line locates from all affected utilities or others with facilities in the right-of-way prior to the commencement of any excavation. Use of the geographic information system or the plans of record does not satisfy this requirement.

(2)

In performing location of facilities in the public right-of-way in preparation for construction under a permit, ROW users shall compile all information obtained regarding its or any other facilities in the public right-of-way related to a particular permit and shall make that information available to the city in a written and verified format acceptable to the director.

(3)

Protection of utilities. Before beginning construction in any public right-of-way, a ROW user 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.

a.

Field locations shall be marked prior to commencing work. ROW users shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be affected by the work from damage during construction or settlement of trenches subsequent to construction at their sole cost and expense.

b.

Only water-based paint may be used in the public right-of-way to mark the location of existing underground utilities. A person commits an offense, if the marking he makes in the public right-of-way to mark the location of existing underground utilities remains visible longer than 60 days after being applied.

(d)

Underground construction and use of poles.

(1)

ROW user's new facilities shall be placed underground at ROW user's expense when required in zoning districts, underground zoning areas or overlays, or by zoning regulations; provided however, that ground-mounted appurtenances are permitted. Where site or service conditions preclude underground location, the director may determine an alternate location or placement. Related equipment, such as pedestals, must be placed in accordance with the city's applicable code requirements and rules and utility plan, including all visibility easement requirements. The city will not require existing facilities to be placed underground until city places its facilities underground in zoning districts, underground zoning areas or overlays or zoning regulations that require that utilities be placed underground.

(2)

For above-ground facilities, ROW users shall utilize existing poles wherever possible.

(3)

ROW users shall cooperate with the city when construction by the ROW user involves trenching or boring. ROW users shall allow the city to place its facilities in the ROW user's trenches and bores, provided the city incurs any incremental increase in cost of the trenching and boring. The city shall be responsible for maintaining its respective facilities buried in the ROW user's trenches and bores under this paragraph.

(e)

Joint trenching. The director may require a ROW user to share trench space to minimize the disruption of vehicular or pedestrian traffic if such sharing is:

(1)

Technically, commercially, and economically feasible; and

(2)

Not in violation of state or federal regulations or industry safety standards.

(f)

ROW user facilities shall meet any applicable local, state, and federal clearance and other safety requirements, be adequately grounded and anchored, and meet the provisions of contracts executed between ROW users and the other joint users. ROW user may, at its option, correct any attachment deficiencies and charge the joint user for its costs.

(g)

Excavation safety. On construction projects in which excavation will exceed a depth of five feet, the ROW user must have detailed plans and specifications for excavation safety systems. The excavation safety plan shall be designed in conformance with state law and Occupational Safety and Health Administration (OSHA) standards and regulations.

(h)

Erosion control. ROW users shall be responsible for stormwater management erosion control that complies with city, state and federal guidelines.

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