HomeMy WebLinkAboutOrdinance - 2018-O0100 - Amending Article 36.09 UTILITY CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY - 08/23/2018First Reading
August 9, 2018
Item No. 7.24
ORDINANCE NO. 2018- woo
o0
Second Reading
August 23, 2018
Item No. 6.10
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, AMENDING ARTICLE 36.09 "UTILITY
CONSTRUCTION IN PUBLIC RIGHTS -OF -WAY" BY REPLACING IT IN ITS
ENTIRETY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it in the best interest of the
citizens of Lubbock, and for the preservation of public rights -of -way and private property.
to more specifically delineate responsibility and accountability standards for utility owners
and their contractors who perform utility construction in the City of Lubbock's rights -of -
way; and
WHEREAS, the proposed amendments throughout Article 36.09 clarify the city's
expectations of utility owners and their contractors throughout all phases of construction
performed in the City of Lubbock's rights -of -way; and
WHEREAS, the proposed amendment includes a revised insurance requirement for
those performing utility construction in public rights -of -way; and
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to replace Chapter 36,
Article 36.09 of the Code of Ordinances in its entirety; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT Article 36.09 is amended as follows:
ARTICLE 36.09 UTILITY CONSTRUCTION IN PUBLIC RIGHTS -OF -WAY
Division 1. Generally
See.36.09.001 Definitions
For purposes of this article, the following definitions shall apply:
Business day shall mean a day when the municipal building of the City of Lubbock is open to
the public for business.
Emery shall mean operations and repairs necessary to respond to a situation that endangers
life, health and safety, or property, or a situation in which the public need for uninterrupted
service and reestablishment of service, if the service is interrupted compels immediate action.
Upgrading of facilities, new service installation and neighborhood improvement projects are not
emergency operations.
Excavation shall mean an activity that removes or otherwise disturbs soil in the right-of-way at
a depth of sixteen inches (16") or more, or disturbs any street or alley pavement of any depth.
Maorproject shall mean a utility project requiring installation or replacement of utility
facilities in the right-of-way for a distance greater than one (1) mile.
Neiv street shall mean the paved portion of the street right-of-way that has been constructed or
reconstructed in the last five (5) years.
Pavement condition index (PCI) shall mean a measure of the condition of the street, on a scale
of 1 to 100. The PCI is available from the pavement management office of the city's street
maintenance department.
Permit holder shall mean any person, partnership, corporation, utility, ROW user or any other
legal entity that has been granted a permit for construction work in the city's right-of-way or
other public property.
ROW user shall mean a franchised utility, a certificated telecommunications company, or any
other privately or publicly owned utility authorized to conduct business using city right-of-way
in order to install, construct, maintain or repair their facilities in the city right-of-way. The term
"ROW user" shall also include any contractor or other agent or person engaged by a ROW user
to work on facilities located in city right-of-way. The granting of a permit to a contractor or
agent of a ROW user shall be deemed to be the granting of a permit to the ROW user for
purposes of this article.
Sanitary Seiner Service Line shall mean a service line that is a privately owned (typically) 4"
diameter underground gravity pipe that extends from the City's municipal sewer main to the
residential/commercial/industrial structure receiving service. The service line conveys the
wastewater generated by customers to the municipal wastewater collection system.
Sewer Main Line shall mean a municipally owned and maintained 6" or greater underground
gravity pipeline located within public ROW or easement that collects wastewater from sewer
service lines via sewer taps and conveys wastewater toward sewer trunk lines and interceptors.
Street in good condition shall mean the paved portion of the street right-of-way that has a PCI
of 92 or above.
TMUTCD shall mean the Texas Manual on Uniform Traffic Control Devices, latest edition.
Traffic Control shall mean the planning and installation of all signs, signals, markings, and
other devices used to regulate, warn, or guide traffic placed on, over, or adjacent to a street,
highway, pedestrian facility, bikeway, or private road open to public travel, the purpose of
which is to promote highway safety and efficiency by providing for the orderly movement of all
road users on streets, highways, bikeways, and private roads open to public travel throughout
Texas and the Nation.
Trenchless technoloQy shall mean a type of subsurface construction work that requires few
trenches or no continuous trenches, utilizing various methods, materials, and equipment for the
installation of new , replacement, or rehabilitation of existing underground infrastructure with
minimal disruption to surface traffic, business, and other activities.
Utili shall mean any privately or publicly owned entity which uses public rights -of -way to
furnish to the public any general public service, including, without limitation, sanitary sewer,
storm sewer, gas, electricity, water, telephone, telecommunications, petroleum products,
telegraph, heat, steam or chilled water, together with the equipment, structures, and
appurtenances belonging to such entity and located within and near the right-of-way.
White lining means marking an excavation site with washable marking paint or flags prior to
requesting a utility locate in order to further identify the site.
Sec. 36.09.002 Penalties and correction of deficiencies
(a) Any person who violates any provisions of this article shall be guilty of a misdemeanor in
accordance with section 1.01.004 of the Code of Ordinances and upon conviction shall be
subject to a fine not to exceed the amount specified by state law for such offenses. Each day of
such violation shall constitute a separate offense. Said penalty is cumulative, and not exclusive,
of any other rights or remedies said city may have.
(b) Any person who shall perform work on or about a public right-of-way and who shall
violate any provision of this article or fail to comply with the barricade plan made a part of such
permit shall cause said work to be subject to a cease work order and/or revocation of permit or
civil legal remedies as provided by this article.
c) Utility owner and the permittee are responsible to ensure that all utility construction
work performed on its behalf is done in accordance with all requirements of this article and in
conformance with all City of Lubbock Code of Ordinances, and correction is made to any
deficiencies identified by the City of Lubbock. All utility owners and/or their agent(s) are
required to document all phases of work, including pre- and post -construction, with photographs
from a construction inspector hired on behalf of the Utility Owner to oversee all excavation(s)
within the public right-of-way and dedicated city easements.
Secs.36.09.003-36.09.030 Reserved
Division 2. Permits; Registration
Sec. 36.09.031 Permit required
(a) It shall be unlawful for any person, partnership, corporation, utility, ROW user or other
business entity to engage in utility construction activities of any nature that will encroach upon
or be located in, on or within a street, alley or other public right-of-way or other public property
within the City of Lubbock without having first obtained a "construction permit" from the city
engineer to perform the work unless said work is commenced in an emergency situation as
authorized by this article.
(b) A permit shall be required for utility installations in the streets and alleys of new
subdivisions that have been accepted by the city or that are in the process of being accepted by
the city through the platting procedures for new subdivisions as described by chapter 38 of this
code. This permit does not grant access rights to private property. Any access needed by the
permit holder to private property will require permission and/or coordination of any
construction activities with the developer or property owner. In the event of a joint trench for
multiple utilities, the contractor excavating the trench will be responsible for securing the
permit.
(c) However, no permit shall be required for the installation and connections necessary to
initiate service to a customer's property or routine repair and maintenance of existing facilities
that will interfere with traffic for less than one hour or excavate less than sixteen (16) inches in
depth, unless such activity requires the breaking of pavement, boring, or excavating with
equipment greater than hand tools or a vibrating plow designed to install lines up to a three-inch
diameter.
(d) Failure to provide any of the required information listed on the permit application will
result in denial of the permit.
(e) The city engineer also may issue an annual "general permit" for routine maintenance or
repair of existing and new facilities or service line utility work in the right-of-way for
excavations that exceed sixteen (16) inches in depth or work that interferes with traffic for
more than one (1) hour or an activity that requires breaking the pavement or boring. Notification
of routine work shall be given to the city on a daily, weekly or such other schedule as may be
prescribed by the city engineer.
(f) A permit issued under this section grants access to the City's Public Right of Way only
on business days between the hours of 7:00 am to 5:00 pm. The Utility owner and/or their
contractor shall notify the City of Lubbock water/sewer dispatch at 806-775-2588 to report any
emergency situations that will require work to be performed beyond 5:00 pm or any time on the
weekend or holidays.
(g) A permit is required for installations in the Downtown underground duct system of the
Central Business District.
Sec. 36.09.032 Backfilling, compaction, etc.
All backfilling, compaction, pavement restoration, barricading and other traffic -control
measures for work within the public right-of-way, and other city -owned properties, shall strictly
comply with the requirements of this article.
See.36.09.033 Notice
Notice for purposes of this article shall be made to city and emergency service providers via
electronic message (e-mail), overnight courier (generally used carrier with tracing available), or
hand delivery with signed receipt or facsimile to the city department or emergency service
provider.
Sec. 36.09.034 Registration required
All ROW users and other persons obtaining a permit under section 36.09.031 must first register
with the city and supply contact information and other requested information before they will be
issued an initial permit. Registration information must be renewed annually thereafter. All
ROW users or other registered persons shall report any changes in its registration information
within thirty (30) days of such change. No ROW user or other person shall be authorized to
engage in any utility construction activities without first registering and obtaining the applicable
permit for the work from the city.
Sec. 36.09.035 Registration information
The information required for registration includes the following:
(1) Identity and legal status of ROW user and names of all operators of any
facilities on or in the right-of-way;
(2) Name, address, telephone number, fax number and email address of officer,
agent or employee responsible for the accuracy of the registration information;
(3) Name, address, telephone number, fax number and email address of the local
representative of the right-of-way user who shall be available at all times to act on
behalf of the ROW user in the event of an emergency;
(4) If applicable, certification number issued by the public utility commission;
(5) General description of services to be provided; and
(6) Insurance information.
Sec. 36.09.036 Permit application
(a) Applications for a construction permit that will affect public right-of-way shall be made
on forms provided by the City of Lubbock and such applications shall be accompanied by
drawings, plans and specifications in sufficient detail to demonstrate:
(1) That construction will be in accordance with all applicable codes. rules and
regulations.
(2) The location of all aboveground facilities to be installed, including poles.
(3) The location, depth and other characteristics of all facilities to be installed
under the surface of the ground, including lines which are within the public right-of-
way.
(4) The location of all existing underground utilities, conduits, ducts, pipes, mains
and installations which are known by the applicant at the time of application to be
within the right-of-way along the underground route proposed by the applicant.
(b) The city engineer or his or her designee may, in his or her discretion, require additional
information to determine whether:
(1) The construction methods to be employed will adequately protect existing
structures, fixtures, facilities within or adjacent to the public rights -of -way.
(2) A landscape plan for protecting or restoring any areas to be disturbed during
construction is necessary.
(c) All permit applications shall be accompanied by a certification that the drawings, plans
and specifications submitted with the application comply with applicable technical codes, rules
and regulations.
(d) Should a contractor be engaged by a franchised utility, utility or certificated
telecommunications company authorized to perform work in the city's public right-of-way, the
contractor's registration information shall include information applicable to both the franchised
utility, utility or telecommunications company and the contractor if the employer is not already
registered with the city. The permit will be issued to the person, contractor or legal entity
actually performing the work in the right-of-way.
Sec. 36.09.037 Insurance
(a) (a) The applicant for permit shall furnish a certificate of insurance evidencing general
liability provided by an insurance company that carries an AM Best Rating A or better. The
company, or companies, must be authorized to do business in this state, or evidence of self-
insurance satisfactory to the city evidencing that the city is adequately protected from any
liability or damages resulting by virtue of applicant's construction. The certificate of insurance
shall be filed with each application for a permit. The general liability required herein shall have
a minimum limit of one million dollars ($1,000,000.00) per occurrence limit with a two million
($2,000,000.00) general aggregate limit. The general liability will also extend additional
insured status to the City of Lubbock.
(b) By acceptance of a permit, the applicant agrees to indemnify and hold harmless the city,
its officers, agents, servants, and employees from any and all claims, damages, suits, attorneys'
fees, causes of action, and judgments which may result in any manner from the construction or
laying of any improvements upon any public street, alley, or right-of-way in the city.
(c) By acceptance of a permit, the applicant agrees to, during the period of construction and
prior to the acceptance of such improvements by the city, maintain such public street, alley, or
right-of-way in a safe condition and issue all necessary instructions and take all precautions as
may be reasonably required to maintain such public streets or alleys in a safe condition for all
public use.
(d) Permits for utility work performed by city crews within the public right-of-way or on
public property shall not require insurance.
Sec. 36.09.038 Issuance
(a) The city engineer shall issue a permit under this section within five (5) business days of
the submittal of the application when the following conditions are met:
(1) The plans for the proposed construction are in conformity with the standards
and specifications of the city for such work, and the applicant has paid such fees
required by section 36.09.036.
(2) The applicant has submitted a duly executed application, containing all of the
information and data called for by section 36.09.036, including the proposal by the
applicant, as part of such application, to indemnify the city against all loss, damages
and liability as provided in subsection (b) of section 36.09.037, and to maintain the
streets or alleys in safe condition and to issue instructions and take the precautions
for public safety as provided in subsection (c) of section 36.09.037.
(3) That the certificates of public liability and property damage insurance have
been furnished to the city engineer for permits issued under section 36.09.031 all in
accordance with the provisions of section 36.09.037.
(4) The operation will not unreasonably interfere with vehicular and pedestrian
traffic, the demand and necessity for parking spaces, and the means and access to
and from the property affected and adjacent properties.
(5) That the health, welfare, and safety of the public will not be unreasonably
impaired.
(b) The city engineer may require more time than five (5) days to issue the permit for major
utility projects in the ROW. A major project is installation or replacement of a utility facility
greater than one (1) mile in length. Meetings to review the project may be required between the
permit applicant and the city engineer or his or her designee for major projects.
Sec. 36.09.039 Construction schedule
The permit holder shall submit a written construction schedule if required by the permit to the
city engineer or his or her designee two (2) business days before commencing any work in or
about the public rights -of -way.
Sec. 36.09.040 Notice to affected property owners and emergency responders
(a) The permit holder shall notify property owners of intended work if the work may impact
the owner's ability to access their property, or impact their normal daily activities, such as
accessing their solid waste dumpster to dispose of household trash.
(b) The permit holder shall place door hangers on the front door of businesses and residences
adjacent to the affected route that shall include: the name of the franchise utility for which the
work is being performed, the type of work, expected work schedule, and a name and contact
information, including daytime and emergency contact names and numbers, for both the permit
holder and the franchise utility. Such notification shall be done at least five (5) business days
prior to commencing the permitted work and record of such notifications shall be retained by
the permit holder.
(c) Should damage occur to abutting private property, or damage occur to utility service to
the private property, the permit holder will contact the property owner immediately and
coordinate the repairs to the property or service with the owner.
(d) The permit holder shall contact emergency response agencies, such as police, fire and
ambulance service prior to commencement of any work that may impact access to a street or
alley. Emergency response agencies shall be notified by the permit holder if a residential or
commercial street is to be closed for any length of time, or one lane or more of a collector or
thoroughfare street is to be closed for any length of time, or if an alley is to be blocked for more
than 48 hours. Service agencies that may be impacted, such as solid waste collection, shall be
contacted, and alternate service coordinated, prior to the beginning of work that may impact
these services.
(e) Service shall be returned to the City customer within twenty-four hours from notice of
damage and the cost of repairs shall be borne by the Utility owner. Only a licensed plumber
registered with the City of Lubbock Building Safety Department shall perform temporary
repairs to City water and sewer taps and repair private water lines and gas lines in the alleys and
streets. The licensed plumber shall certify in writing that repairs to these service line(s) were
performed in accordance with the most recent version of City of Lubbock Plumbing Ordinance
(Art.28.10).
(f) The Utility owner and/or their contractor shall notify the City of Lubbock water sewer
dispatch at 806-775-2588 to report all Orangeburg service lines encountered. The City of
Lubbock will replace Orangeburg sewer lines at no cost to the Utility owner and/or their
contractor.
(g) Damaged main lines will be repaired by the City of Lubbock. The City of Lubbock will
issue a claim to the Utility owner, Contractor, or their insurance company for cost
reimbursement.
(h) If Solid Waste dumpsters have to be relocated in the alleys due to construction activates
the Utility owner and/or contractor shall notify the affected customers and the City of Lubbock
Solid Waste dispatch at 806-775-2482. The notice shall specify the address, number of the
dumpster being relocated, and the duration of service interruption.
Sec. 36.09.041 Compliance with permit
All construction activities shall be in accordance with the permit and approved final plans and
specifications for the facilities. The city engineer and his or her representatives shall be
provided access to the work and such further information as he or she may require to ensure
compliance with such requirements.
Sec. 36.09.042 Display of permit and Signage
a) The permit holder shall maintain a copy of the construction permit and approved plans at
the construction site, which shall be displayed and made available for inspection by the
city engineer or his or her representatives at all times when construction work is
occurring.
b) All permitted Utility Owner and contractor vehicles and equipment must be clearly
marked with the company name while performing construction or other work. Signage,
with minimum dimensions of 4 feet by 4 feet, with the utility's name and contact phone
number must be displayed at the beginning and the end of the Traffic Control work zone
on the thoroughfare.
Sec. 36.09.043 Survey of underground facilities
If the construction permit specifies the location of new facilities by depth, line, grade, proximity
to other facilities or other standard, the city engineer or his or her designee may require the
permit holder to provide written verification, if reasonably necessary, of the location of such
facilities by a registered surveyor. If requested by the city engineer or his or her designee, the
permit holder shall relocate any facilities that are not located in compliance with permit
requirements.
Sec. 36.09.044 Noncomplying work
Upon order of the city engineer or his or her designee, all work that does not comply with the
permit, the approved plans and specifications for the work, or the requirements of this article,
shall be removed.
Sec. 36.09.045 Completion of construction
The permit holder shall promptly complete all construction activities so as to minimize
disruption of the public rights -of -way and other public and private property. All construction
work authorized by a permit within the public rights -of -way, including restoration, must be
completed within one hundred twenty (120) calendar days of issuance, or by such other date as
may be agreed upon by the city engineer and his or her designee.
Sec. 36.09.046 Utility construction as -built drawings
Within sixty (60) calendar days after completion of construction, the permit holder shall furnish
the city engineer with a complete set of plans, certifying to the city that they accurately depict
the location of all utility facilities constructed pursuant to the permit.
Sec. 36.09.047 Restoration of right-of-way improvements
(a) Upon completion of any construction work, the permit holder shall promptly repair or
restore any and all public street rights -of -way, including any and all public and private fixtures,
structures and facilities lawfully located therein, to as good as or better a condition as before the
start of construction. Unpaved portions of alley rights -of -way shall be leveled, filled, bladed and
worked in such a manner as to leave the alley in a safe and usable condition. Complete
preconstruction photographs or videos of the work site are required of all permit holders and
shall be submitted to the city engineer upon request.
(b) Persons placing physical obstructions such as landscaping objects, irrigation systems and
fences within the right-of-way without legal authorization shall bear the risk of damage to such
obstructions due to utility construction work. The repair or replacement of such unauthorized
physical obstructions unavoidably damaged by utility construction work shall be the sole
responsibility of the adjacent property owner or other person placing such unauthorized physical
obstruction in the right-of-way.
Sec. 36.09.048 Restoration of trees, shrubs and other vegetation
(a) All landscaping trees, shrubs and other vegetation damaged or disturbed within the street
right-of-way as a result of the construction, installation, maintenance, repair or replacement of
utility facilities in the street right-of-way shall be replaced or restored as nearly as may be
practicable, to at least as good a condition as prior to performance of work by the permit holder.
Trees may be replaced with trees of similar size and the same or similar species up to four (4)
inches in caliper. Trees larger than four (4) inches in caliper shall be replaced with trees of the
same or similar species with a caliper of no less than three (3) inches and no more than four (4)
inches.
(b) All restoration work within the public rights -of -way shall be done in accordance with
landscape plans approved by the city engineer or his or her designee, if such landscape plan is
required by section 36.09.036(b)(2) of this article.
(c) Pruning or trimming of trees or shrubs by the city, a ROW user or a utility deemed
necessary due to any imminent threat to public safety or that may potentially damage overhead
utility lines does not require a permit under this article.
Sec. 36.09.049 Responsibility of permit holder or ROW user
The permit holder, ROW user or a contractor hired by the permit holder or ROW user shall be
responsible for performance of and compliance with all provisions of this article.
Sec. 36.09.050 Conformance with master thoroughfare plan
A permit holder or ROW user shall consult the city's master thoroughfare plan ("MTP") prior to
the acquisition of any interest in real property in the city for the installation or relocation of
utility service lines or other utility equipment or facilities along or adjacent to any street, right-
of-way, thoroughfare, highway, or any proposed street, right-of-way. highway or thoroughfare
to attempt to minimize any future conflict regarding the location of such facilities. All permit
holders or ROW users are charged at all times with constructive notice of the MTP. The city
shall have no liability for the value of or loss by a permit holder or ROW user for any
improvements constructed in the area shown in the MTP subsequent to the effective date of this
article. All permit holders and ROW users placing utility equipment or facilities that conflict
with the MTP at the time of permit issuance shall be responsible for moving such equipment or
facilities without cost to the city.
Sec. 36.09.051 Rights of utility in event of closure or abandonment of right-of-way
In the event the city closes, vacates, abandons or conveys any right-of-way containing facilities
of a ROW user, any such closure, vacation, abandonment or conveyance of land shall be subject
to the rights of the ROW user.
Sec. 36.09.052 Denial of permit
A permit may be denied for any of the following reasons:
(1) Failure to provide proof of liability insurance acceptable to the city.
(2) Failure to secure any required permit for work of the nature required.
(3) Failure to perform in accordance with the requirements of these provisions and
to correct any deficiencies after notice.
(4) The excavation would be in a new street and not otherwise permitted by this
article.
(5) The proposed warning or other traffic -control procedures or equipment do not
comply with the requirements of the TMUTCD or the requirements of the city
engineer.
(6) The proposed activity would violate a city ordinance or state or federal statute.
(7) The permit application contains false or misleading information.
(8) The activity would cause a public health or safety hazard.
(9) The ROW user is not authorized to do business within the city.
(10) The ROW user is in violation of this article relative to work in progress.
Sec. 36.09.053 Revocation or suspension of permit
(a) The city reserves its right, as provided herein, to revoke or suspend any permits of the
Utility Owner and/or Contractor, without refund of the permit fee, in the event of a breach by
the permit holder of the terms and/or conditions of the permit or of this chapter or any city
ordinance. A breach of the terms of the permit shall include, but not be limited to, the following:
(1) The violation of any provision of this article;
(2) An evasion or attempt to evade any provision of the permit, or the perpetration
or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(3) Any material misrepresentation of any fact in the permit application;
(4) The failure to meet insurance or indemnification requirements;
(5) The failure to complete the work in a timely manner;
(6) The failure to correct a condition indicated on an order issued pursuant to this
article;
(7) Repeated offenses, including but not limited to, traffic -control violations;
(8) Failure to repair facilities damaged in the right-of-way; or
(9) Violation of any provision of this article.
(b) If the city engineer, or his or her designee, determines that the permit holder has
committed a breach of any law or condition of the right-of-way construction permit, the city
engineer shall first make a written demand upon the permit holder to remedy such violation.
The city engineer may provide specifications to cure the breach. Continued violation may be
cause for suspension or revocation of the permit, civil legal action, or both. The city engineer
may suspend the permit upon failure to correct the breach. Within five (5) business days of
receiving notification of the breach, the permit holder shall contact the city engineer with a plan,
acceptable to the city engineer, for correction of the breach. The permit holder's failure to
provide a plan or the permit holder's failure to implement the approved plan within the time
stated in the written demand for remedy shall be cause for revocation of the permit.
(c) The city engineer, or his or her designee, may immediately suspend the work and issue an
immediate stop work order for all current permits issued if there is major damage to another
utility caused by the Utility Owner or its contractor on or about a public right of way and/or
there is an imminent and immediate threat to the health, safety and welfare of the public in his
or her opinion. In the event the stop work order is not obeyed, the failure to immediately stop
work shall be deemed a criminal violation of this article and the permit may be revoked. In
addition, civil legal action for trespass, injunction and damages may result.
(d) Utility permits may be denied or a stop work order issued to the Utility Owner for
failure to relocate its utilities within six months of notification from the city in order for the cit}
to complete its capital improvement projects.
Sec. 36.09.054 Appeal of permit denial or revocation
A ROW user or other applicant that has been denied a permit or a permit holder that has had a
permit revoked may appeal the denial or revocation upon written request as follows:
(1) Appellant shall provide, within five (5) business days of denial or revocation, a
written notice of appeal filed with the city engineer. The notice must state the
alternatives available and routes explored, hardship encountered, cost comparison of
other alternatives and a statement of any other significant factors. The city engineer
shall provide a written decision within five (5) business days of receipt of the appeal.
Failure to render a decision within five (5) business days shall constitute a denial.
(2) If a further denial is given or the revocation upheld, the appellant may
thereafter file a written notice of appeal with the director of public works within five
(5) business days. The notice must state the alternatives available and routes
explored, hardship encountered, cost comparison of other alternatives and a
statement of any other significant factors. The director of public works shall provide
a written decision within the ten (10) business days. Failure to render a decision
within ten (10) business days shall constitute a denial.
(3) If a further denial is given or the revocation upheld, the appellant may
thereafter file a written notice of appeal to the permit and license appeal board of the
City of Lubbock with the city secretary within five (5) business days of receipt of the
director of public works' written decision. The city secretary shall notify the director
of public works and the appellant of the time and place of hearing of the appeal by
the permit and license appeal board of the City of Lubbock.
Sec. 36.09.055 Utility emergency excavations
(a) Nothing in this article shall be construed to prevent any person, utility, permit holder or
ROW user from maintaining any pipe, conduit, or duct in or under any street, or right-of-way by
virtue of any law, ordinance or permit, from making an emergency excavation as may be
necessary for compliance with law or in response to a situation endangering life, health and
safety, or property, or in a situation in which the public need to reestablish interrupted service
compels immediate action. The excavator is required to notify the city engineer, with submittal
of the permit application information, the next business day following an emergency excavation
within the public right-of-way. Except as specifically provided otherwise in this section,
excavations authorized by this section shall be subject to all requirements of this article.
(b) If a permit holder in the course of an excavation cuts or damages another ROW user's
facilities, the damaged ROW user may perform the work necessary to repair their facility
without obtaining a permit. The original permit holder for the excavation is the responsible
party for ensuring that the backfilling and paving repairs meet the requirements of this article.
See.36.09.056 Reporting
When the work under any permit hereunder is completed, the permit holder shall contact the
City of Lubbock's Construction Inspector Supervisor at 806-775-3751 and furnish the city
engineer a completion certificate.
Sec. 36.09.057 Work done without permit
No cut, excavation, grading or disturbing of the right-of-way in any way shall be made other
than excavations necessary for emergency work without first securing a permit. No permit
holder, utility or ROW user shall at any time open or encumber more of the right-of-wa} than
shall be reasonably necessary to complete a project in the most expeditious manner.
Secs.36.09.058-36.09.090 Reserved
Division 3. Standards for Excavation, Backfill and Paving Repairs
Sec. 36.09.091 Excavation under supervision of city engineer
(a) Any permit holder, utility or ROW user engaged in making or backfilling any excavation
in any right-of-way shall at all times while such work is in progress keep at the job location the
permit, or a copy thereof, and shall, on demand, exhibit the permit to the city engineer or his or
her designee. At all times while the work is in progress the permit holder, utility or ROW user
shall also maintain at the job location, a sign, barricade, or other device bearing the permit
holder's, utility's or ROW user's name.
(b) All excavations and other construction in the rights -of -way, streets and alleys shall be
conducted so as to interfere as little as practicable with the use of rights -of -way and with the use
of private property, in accordance with any lawful and reasonable direction given by or under
the authority of the governing body of the city under the policy and regulatory powers of the
city necessary to provide for public convenience. The permit holder, utility or ROW user shall
reasonably protect and prevent any damage to utility facilities, sewer facilities, water facilities,
lawns, shrubbery, trees, fences, structures, or other property encountered in his work. The
permit holder, utility or ROW user shall not trespass upon private property. The permit holders,
utilities or ROW users shall determine the boundary between public right-of-way and private
property.
(c) All transmission and distribution structures, lines, equipment and facilities erected by a
permit holder, utility or ROW user ,Nithin the city shall be so located as to cause minimum
interference with the proper use of the public rights -of -way, and to cause minimum interference
with the rights and reasonable convenience of property owners who join any of the said streets.
(d) The city reserves the right to lay, and allow to be laid, electricity, sewer, gas, water and
other pipelines or cables and facilities, as well as drainage pipes and channels and streets and to
perform, and allow to be performed, any underground and overhead installation or improvement
that may be deemed necessary or proper by the governing body of the city, in, across, along,
over or under any right-of-way or public place occupied by a utility or ROW user and to change
any curb or sidewalk or the grade of any street and to maintain all of the city's facilities. In
allowing such work to be performed by others, the city shall not be liable to a utility or ROW
user for any damage caused by those persons or entities. Nothing herein shall relieve any third
party from responsibility for damages caused to a permit holder, utility or ROW user by such
third party.
(e) If the city requires a utility, permit holder or ROW user to adapt or conform its facilities,
or in any way or manner to alter, relocate or change its property to enable any other corporation
or person, except the city, to use, or to use with greater convenience, any right-of-way or public
place, the utility or ROW user shall not be required to make any such changes until such other
corporation or person shall have undertaken, with solvent bond or cash payment, to reimburse a
utility or ROW user for any loss and expense which will be caused by or arise out of such
removal, change, adaptation, alteration, conformance or relocation of a utility or ROW user's
facilities; provided, however, that the city shall never be liable for such reimbursement.
(0 Any Utility Owner and/or their Contractor performing construction in any city right-of-
way have maintain a representative at the site at all times while such work is in progress, and
who shall be able to clearly communicate with the city staff and the citizens of Lubbock.
(g) In dedicated easements, only the dedicated utility shall be allowed into such easements,
unless the Land Owner and City Engineer grant written approval.
(h) Utility construction in City -dedicated easements shall require a ROW Utility
Construction permit.
(i) All excavation work shall be performed during business hours of 7:00 a.m. to 5:00 p.m.
Monday through Friday, unless written approval is granted by the City Engineer, or in the case
of an emergency. Installations by boring will not be allowed after 2:00 pm on Fridays.
Sec. 36.09.092 Field utility coordination
(a) The permit holder, utility or ROW user shall notify the department at each of the
following times during a project:
(1) Two (2) business days before the start of construction;
(2) Two (2) hours before beginning the initial backfill;
(3) Two (2) hours before beginning the paving of the street or alley;
(4) Twenty-four (24) hours prior to commencement of any boring activities, by
calling the City of Lubbock Construction Inspector Supervisor at 806-775-3751; and
(5) Upon completion of the project.
(b) The permit holder, utility or ROW user shall mark the site of the proposed excavation
with white lining and/or flags prior to making a request for locates and actual excavation.
(c) The permit holder, utility or ROW user shall make a request for a utility locate not more
than 14 days and not less than 48 hours prior to the commencement of the proposed excavation.
Such request shall be made to the state one -call center. Such requests shall be made by
telephone or facsimile and shall include the date, location, extent and reason for such proposed
excavation.
(d) The use of markers, stakes, poles, barricades or other devices shall be used in such a way
to avoid damage to adjoining property. The use of "nonpermanent" or "biodegradable" markers
is required.
(e) The permit holder, utility or ROW user shall mark the proposed excavation site with paint
and/or flags in colors established by the one -call system. The markings shall be placed a
distance of not less than five (5) feet in all directions from the outside boundary of the site to be
excavated.
(f) All excavations shall commence within 14 day of the date of the utility locate. In the event
that the excavator fails to commence work within 14 days or the utility locate marks are not
visible at the time the excavation is scheduled to commence, the permit holder, utility or ROW
user is required to request a new utility locate.
(g) Compliance with the Texas Utilities Code is required at all times.
(h) All barricades, plates, cones, traffic directional equipment, and all other traffic -control
devices owned by the permit holder, utility or ROW user and used on or near any excavation
shall be clearly and visibly marked with the name of the permit holder, utility or ROW user, as
applicable, at all times such equipment is used on or near the right-of-way. An exception to the
marking requirement may be made in the event the traffic -control equipment is not owned by
the permit holder, utility or ROW user.
(i) If work is being performed that will block any lanes of traffic in a street or deny access to
an alley or driveway and the work site will be left unattended, the permit holder, utility or ROW
user shall place a sign at each end of the work site with the name and contact information of the
permit holder, utility or ROW user performing the work. Such signs may be placed on
barricades or freestanding.
0) The permit holder shall prominently display the Utility Owner's and contractor's names
and phone numbers on a sign, having minimum dimensions of 4 ft. by 4 ft., at the beginning and
ending of the traffic control work zone.
(k) All open pits shall be backfilled within three (3) calendar days or covered with materials
of sufficient strength and construction (H 20 load rated steel plate(s)) to permit vehicular traffic
to pass over such excavation(s).
(1) All existing water and sewer mains shall be physically located prior to boring by way of
potholing with a hydro excavation method.
Sec. 36.09.093 Excavation details; backfill; compaction; pavement restoration
Details related to trench excavation, backfill, compaction and pavement restoration are
described in Plates 1-07, 2-07, 3-07, 4-07, 5-07, 6-07, and 7-07. These plates are included in
and a part of this article.
Paving shall be repaired in accordance with the City of Lubbock Utility Excavation Manual and
the City of Lubbock Minimum Design Standards and Specifications.
Sec. 36.09.094 Standard location of utilities in alleys
The standard location for municipally owned utilities, public utilities, and telecommunications
are shown on Plate 8-07, included in this article.
Sec. 36.09.095 Supervision by city of location of poles and conduits
(a) All poles in the right-of-way shall be of sound material and straight, and all other utility
facilities, either along the ground surface or above ground, such as manholes, valve boxes, vault
covers, risers, boxes, etc., shall not interfere with the flow of water in any gutter or drain, and
shall be placed so as not to unduly interfere with either vehicular or pedestrian travel.
(b) Any aboveground utility facility shall be placed in a manner that will be compliant with
the Americans with Disabilities Act (ADA) in order to maintain the required clear width for
pedestrians with disabilities. Should a utility facility encroach into an existing sidewalk,
additional sidewalk construction shall be required if necessary to maintain clear width for an
ADA accessible route. Aboveground facilities shall also be located so they will not violate the
city's right-of-way visibility requirements.
(c) The location and route of all conduits, fiber, cables, utilities and facilities placed and
constructed within the city's rights -of -way by a utility, permit holder or ROW user in the
construction and maintenance of its system within the City of Lubbock shall be subject to the
reasonable and proper control, direction and approval of the city.
Sec. 36.09.096 Backfill of excavated area
(a) Open trenches may be temporarily backfilled for the convenience of the permit holder or
the public safety. At least two (2) hours prior to beginning permanent backfill operations, the
permit holder shall notify the city engineer of the time the backfill will begin.
(b) All excess water and mud shall be removed from the trench prior to backfilling. Any
backfill placed during a rainy period or at any other times, where water cannot be prevented
from entering the trench, will be considered temporary and shall be removed as soon as weather
permits. All disturbed base material or any base that has been undermined shall be removed and
discarded.
Sec. 36.09.097 Restoration of pavement
(a) Unless otherwise specified in the permit, restoration of the asphalt pavement of any street,
alley, right-of-way or other public place shall be performed by the permit holder, utility, ROW
user or by the city street maintenance department, upon request by the permit holder, utility or
ROW user. Nothing in this section shall relieve the permit holder, utility or ROW user from the
responsibility to maintain the excavation or installation in a safe condition until it is repaved by
the city or otherwise restored. if the permit holder, utility or ROW user making the excavation
requests repaving by the city, the permit holder, utility or ROW user shall pay for repaving at a
rate to be established by the city.
(b) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts
more than four hundred (400) feet in advance of the pipe, conduit or ducts being placed in the
trench, other than with the prior written consent of the city engineer.
(c) All excavations shall comply with the standards and requirements established from time
to time by the city engineer for compaction, backfill and pavement restoration.
(d) Any excavated pavement, debris and other rubble shall be removed, together with any
surplus material, during the same business day from the time such material is placed upon the
street. After backfilling is completed, and prior to repaving the cut, the permit holder, utility or
ROW user shall remove all loose paving material and saw cut the edges of the excavation at the
street surface to the satisfaction of the city engineer.
(e) Whenever any caving occurs in the sidewalls of any excavation, the pavements above
such caving shall be cut away, trench backfilled and pavement restored. In no case shall any
side or lateral tamping fill any void under a pavement.
(0 All materials and construction practices shall be in conformance with City of Lubbock
Standard Paving Specifications.
(g) Any paving failures, including surface, base, or subgrade failures that occurred due to the
ROW user's work in the street shall be repaired by the ROW user, regardless of whether the
damage is caused by equipment, construction methods, detour of traffic or any other reason.
Sec. 36.09.098 Cleanup of right-of-way
In every case and at all times, the work of removing from the right-of-way all obstructions,
surplus materials, debris and waste matter of every description caused by and accumulated from
the excavation shall be the responsibility of the permit holder, utility or ROW user. Streets shall
be cleaned by use of a street sweeper or other acceptable means. The permit holder, utility or
ROW user shall clean the surrounding area, as outlined above, within one (1) business day upon
completion and approval of all trench work and pavement restoration unless the city engineer,
sufficient reason therefore having been given to his satisfaction, grants an extension of time.
Phasing of construction clean-up must be done in a manner to completely clean the alleyway
prior to moving into the next alleyway. Any hand holes left open to pull cable after clean-up
must be covered to protect the public.
Sec. 36.09.099 Substandard repair of pavement or right-of-way due to utility work
In case the pavement or the surface of the street, alley, or right-of-way in, over or near any
excavation should become depressed, cracked, or broken any time or fails in any way at any
time after the excavation has been made and during the remaining life of the street, the permit
holder, utility or ROW user who performed the excavation shall be required to repair such
defective work commencing within fifteen (15) business days after receipt of notification from
the city to bring the work into compliance with applicable obligations of this article. Failure to
complete the repair within a reasonable time after notification may result in the permit holder,
utility or ROW user being required to reimburse the city for the cost to restore the street, right-
of-way or alley. "Life of the street" is defined as until such time as the street is reconstructed or
the PCI (pavement condition index) of the street has a value of less than 50.
Sec. 36.09.100 Inspection
The permit holder, utility or ROW user shall make the work site accessible to the city, and
others as authorized by law, for inspection at all reasonable times during performance of the
work.
Sec. 36.09.101 Materials testing
The city engineer or his or her designee may require testing of materials used in construction in
or near the right-of-way to determine conformance to required specifications, including, but not
limited to, compaction tests on backfili materials, subgrade, concrete, asphaltic concrete and
other construction materials as may be deemed necessary.
Sec. 36.09.102 Utility excavation in ROW restored to good condition
(a) The permit holder, utility or ROW user shall complete pavement
restoration of the
excavated area within thirty (30) days on thoroughfare streets, collector streets, industrial
streets, residential streets and alleys after final backfill is completed and accepted by the city
engineer. The permit holder, utility or ROW user shall conduct the work with a minimum
disturbance to existing utilities and shall coordinate all work in or near the existing utilities with
the utility owners.
(b) Excavation in new streets. There shall be no excavation in new streets (less than five
years of age) without the prior approval of the city engineer. Any request for a permit to
excavate a new street shall include a description of the proposed work and proposed restoration
of the area, as well as a statement as to why alternate procedures cannot or should not be used in
lieu of excavating a new street. However, prior approval will not be required for excavations of
up to fifty (50) linear feet for utility tie-ins needed from an existing subdivision to a new
subdivision during development.
(c) Excavation of streets in good condition. A permit holder, utility or ROW user shall
perform jacking and boring operations in a manner that does not weaken or impair the right-of-
way upon completion of restoration of the excavation.
(1) Excavation in all streets in good condition regardless of age shall not occur
without a permit and prior approval of the city engineer. Streets assigned to a PCI
(pavement condition index) of 92 or above by the pavement management system are
deemed to be in good condition and are subject to the same review procedures as
excavation of new streets. The PCI can be obtained from the city's pavement
management office of the street maintenance department.
(2) Restoration of the excavated area of streets in good condition shall be in
accordance with this article.
(3) If excavation of an asphalt street in good condition is approved, and 25% or
more of the asphalt street surface (50% of more of a designated thoroughfare street)
is disturbed, a complete block to block, curb to curb pavement repair, including
removal and replacement of the complete pavement surface, will be required. An
alternative surface treatment may be submitted for consideration by the city
engineer.
(d) Excavation in Portland cement concrete (PCC} pavement surface. If the existing
pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the
thickness of the concrete which shall also cut the reinforcing steel. The concrete can then be
broken out with an air chisel or pavement breaker. No more than 6" of PCC shall be broken
back beneath the saw cut.
(e) Responsibility for excavated area maintenance. A permit holder, utility or ROW user shall
maintain their repairs in the right-of-way for the life of the street as defined in this article.
Secs.36.09.103-36.09.130 Reserved
Division 4. Barricades
Sec. 36.09.131 Submission of plan
(a) After the issuance of a right-of-way construction permit, or any other permit involving the
placement of barricades, the contractor, subcontractor, corporation, firm, company, utility,
permit holder, ROW user or other person who shall undertake to perform any work upon, in,
under, above, or about any street, alley, curb, gutter, sidewalk, or any public right-of-way or for
any other reason desires to place barricades on right-of-way within the city, shall furnish the
city traffic engineer with a scale "barricade plan" or sketch showing the work area, the space
within the right-of-way required for the work, and a proposed plan, referred to in this section as
a "barricade plan" for the use of barricades, signals, signs, flags, flares, and other traffic -control
and safety devices about the work area.
(b) The barricade plan shall conform to the requirements set forth in the barricade manual
adopted below, and such plan shall be deemed a part of said permit.
(c) This section shall not apply to the utility companies or the city when either are engaged in
work involving overhead signals, communications, and/or electric circuits; provided that said
utility companies or city shall establish and maintain adequate warning devices when engaging
in work involving overhead signals, communications, and./or electric circuits.
Sec. 36.09.132 Adoption of manual
The "Texas Manual on Uniform Traffic Control Devices for Streets and Highways," as prepared
by the Texas Department of Transportation (TXDOT), and all later revisions thereto, shall be
the official barricade manual for the city.
Sec. 36.09.133 Additional requirements
(a) The city may require that the work be done only at certain hours during the day or night,
that materials or equipment used in such work and dirt and materials removed from any
excavation be located other than adjacent to the work area where feasible, and that any
excavation be covered with materials of sufficient strength and construction to permit vehicular
traffic to pass over such excavation at peak traffic hours, where such requirement shall be
deemed necessary in the interest of safety and to avoid traffic congestion.
(b) Traffic Control shall be placed on site no more than twenty-four (24) hours prior to
construction beginning. Traffic Control will be taken down, and the street reopened, if permit
holder is not onsite for two business days. Traffic Control devices shall only be placed around
the current construction area, and not around the entire project.
Sec. 36.09.134 Continuing validity of permit
Prior to or upon institution of or during the proceeding of or prior to completion of any work for
which a permit is required hereunder, as an express condition precedent to the continuing
validity of said permit, all specifications of the barricade plan and all regulations set forth in the
barricade manual in connection therewith including, but not restricted to, proper maintenance of
barricades, signals, signs or other traffic -control or safety devices, must be complied with,
carried out and conformed to in their entirety. Failure to do so will render said permit null and
void and of no further force or effect as if no permit had ever been issued or granted.
Section 2. THAT should any paragraph, sentence, clause, phrase or work of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby
Section 3. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 91h day of August 2018.
Passed by the City Council on second reading this 23rd day of August 2018.
DANIEL M. POPE, MAYOR
ATTEST:
Rocca Garza, City S
APPROVED AS TO CONTENT:
Je 'ca McEachern, Assistant City Manager
P VEp A 'O FORM:
elli Leisure, Assistant City Attorney
OrdAmend.UtilityConstruction
7.11.18