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HomeMy WebLinkAboutOrdinance - 10178-1999 - Amending Chapter 28 Section 28-15 Marking Proposed Excavation Sites - 08/12/1999!I First Reading Aug. 12.. 1999 Item No. 18 Second Reading Aug. 26 .. 1999 Item No. 13 ORDINANCE NO. 10178 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINACES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING A NEW SECTION 28-15 WITH REGARD TO THE MARKING OF PROPOSED EXCAVATION SITES PRIOR TO LOCATION OF UTILITIES LOCATED THEREIN; BY ADDING DEFINITIONS "EXCAVATOR" AND "EXCAVATE" OR "EXCAVATION"; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is in the best interest of the citizens ofthe City ofLubbock to prevent service interruption as a result of damaged or cut utility lines in the incorporated boundaries of the City and County of Lubbock, Texas and to ensure the timely and accurate location of underground facilities; WHEREAS, the State of Texas has adopted by legislative vote and enacted into law House Bill 2295 (HB2295) which requires excavators to notify a "one-call" center prior to excavation. HB 2295 requires all notified utilities to accurately locate and mark owned underground utilities within the proposed excavation site in the City and County of Lubbock, Texas within 48 hours of notification; WHEREAS, the City Council of the City of Lubbock, Texas, deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to require that all proposed excavations be marked with white paint and/or flags prior to requests being made for utility locates. NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT THE Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered 28-15 which said section reads as follows: A. As used in this Section, the following terms shall be defined as herein set forth: 1. Excavator means a person that excavates or intends to excavate in this state. 2. Excavate or excavation means to use explosives or a motor, engine, hydraulic or pneumatically powered tool, or other machine-powered equipment of any kind and includes auguring, backfilling, boring, compressing, digging, ditching, drilling, dragging, grading, mechanical probing, plowin-in, pulling-in, ripping, scraping, trenching, and tunneling to remove or otherwise disturb soil. B. Any excavator 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. The state one-call center shall notify the City of the One-Call request 1 I ! reason for such proposed excavation. The state one-call center shall notify the City of the One-Call request C. Any excavator shall mark the site of the proposed excavation with white marking paint and/or flags prior to making a request for utilities locates and actual excavation. D. Upon receipt of a request for a utility locate, the City shall locate and mark all (water and sewer) utilities in the proposed excavation area marked by the excavator in accordance with the provisions of Subsection B of this Section. The City shall mark the proposed excavation site with blue paint and/or flags for water lines and green paint and/or flags for sewer lines. The said 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. E. All excavation shall commence within 14 days of the date upon which the City conducts 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 contractor is required to request new utility locate. F. In the event that a utility is damaged or service is interrupted as a result of an excavator's failure to (1) request utility locates and/or (2) properly mark their intended excavation site, the utility affected shall charge the person, company, contractor or sub-contractor actual costs incurred to repair the utility's transmission facility (water and sewer) and to restore service. The charge(s) shall include revenue lost as a result of the damage or service interruption. G. In the event a dispute arises as the result of the billed damages, the Director of the affected utility or the designated representative of the Director will decide the actual amount to be charged. H. If a dispute arises over the nature or amount of any charge, the excavator may request a hearing by the City Manager. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock. SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. 2 ! ~ SECTION 5. This Ordinance shall become effective from and after it's publication as provided by law. AND IT IS SO ORDERED Passed by the City Council on first reading the l2t:lday of Aug. ' 1999. Passed by the City council on second reading the 26t:b.day of..;;.;;Au=u.;=--J'+-' AITEST: APPROVED AS TO CONTENT: ~~"-? Terry Ellerbrock Director of Water Utilities APPROVED AS TO FORM: Assistant City Attorney JMK:cp Cityatt/John!Excavation.Ord-1 June 28, 1999 3