HomeMy WebLinkAboutOrdinance - 2007-O0122 - Adding New Article VIII To Chapter 24; Regulation Of Construction; Traffic - 11/20/2007First Reading
November 20, 2007
Item No. 6.5
ORDINANCE NO. 2007-00122
Second Reading
December 6, 2007
Item No. 5.11
AN ORDINANCE ADDING A NEW ARTICLE VIII TO CHAPTER 24 OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO
REGULATION OF CONSTRUCTION IN CITY RJGHTS-OF-WAY WITH REGARD TO
REGISTRATION OF RIGHT-OF-WAY USERS, CONSTRUCTION PERMITS,
EXCAVATION ST AND ARDS, BACKFILL STANDARDS, PA YING REPAIR
STANDARDS, BARRICADE STANDARDS AND TRAFFIC CONTROL REQUIREMENTS;
CONSOLIDATING THOSE PROVISIONS DEALING WITH UTILITY-TYPE
CONSTRUCTION IN RIGHTS-OF-WAY; REPEALING OR AMENDING CERTAIN
SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City is charged with maintaining control of and access to the right-of-
way in order to protect the health, safety and welfare of its citizens; and
WHEREAS, the City Council finds there is increasing demand for use of the right-of-
way; and
WHEREAS, substantial public funds have been invested to build, maintain and repair the
City's streets and the City holds these streets as an asset in trust for its citizens; and it is desirable
to adopt regulations to protect the structural integrity of City streets and safeguard the value of
the public investment for the benefit of City residents; and
WHEREAS, development of high technology communications and increasing growth are
resulting in increasing use of City streets, other rights-of-way and other City owned properties by
many utilities, companies and individuals for private benefit; and
WHEREAS, such use leads to increasing incidences of trenching, paving cuts, and other
utility installations, which deteriorate the quality of the City's streets and highways, create more
potential traffic hazards due to construction and result in damages to City owned properties; and
WHEREAS, excavations and faulty repairs cause the greatest damage to newly surfaced
streets and when a repair by a utility or other right-of-way user fails in a paved street that is not
scheduled for resurfacing within the same or succeeding fiscal year, the excavator should be
required to make the repairs necessary for proper use and appearance of the street; and
WHEREAS, excavations in streets and alJeys may significantly degrade and shorten the
life of the surface of the streets and alleys, and increase the frequency and cost to the public of
requisite resurfacing, maintenance and repair, regardless of the quality of restoration; and
WHEREAS, excavations in City streets may significantly interfere with public use of the
streets and result in negative impact in air quality, loss of parking, and loss of business to
merchants; and
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WHEREAS, it is desirable to adopt regulations that will provide the City greater control
over excavations in City streets, alleys and rights-of-way; and
WHEREAS, entities making and benefiting from an excavation in a City street also
should comply with standards and requirements for compaction, backfill and pavement
restoration and resurfacing that ensures the best possible restoration of the paved surface over
and adjacent to the trench; and
WHEREAS, regulation of excavations in City streets helps reduce disruption of and
interference with public use of the streets, helps prevent pavement damage, helps maintain the
safe condition of the streets, protects the public health, safety and welfare, is a valid and
appropriate exercise of the City's police power, and is a municipal responsibility; and
WHEREAS, the City Council deems it to be in the best interest of the health, safety and
welfare of the citizens of the City of Lubbock to regulate excavations in City streets and other
rights-of-way by enacting, repealing or amending such provisions of the Code of Ordinances of
the City of Lubbock as are necessary to address right-of-way construction permits, excavation
standards, backfill standards, paving repair standards, barricading standards and traffic control
requirements for utility and other similar right-of-way users in a single location in the Code of
Ordinances; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION l. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended
by adding an article, to be numbered Article VIII, to Chapter 24, which said article reads as
follows:
ARTICLE VIII. UTILITY CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; INCLUDING
PERMITS; REGISTRATION; STANDARDS FOR EXCAVATIONS, BACKFILL AND
PAVING RESTORATION; AND BARRICADES.
DIVISION I. GENERALLY.
Sec. 24-172. 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.
Emergency 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.
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Excavation shall mean an activity that removes or otherwise disturbs soil in the
right-of-way at a depth of twelve inches (12") or more, or disturbs any street or alley
pavement of any depth.
Major project 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.
New 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 (PC]) shall mean a measure of the condition of the
street, on a scale of I 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.
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.
Utility 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.
DIVISION 2. PERMITS; REGISTRATION.
Sec. 24-173. Permit Required for Utility Construction in public right-of-way.
(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
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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 25 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 twelve (12) 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 (3) inch diameter.
( d) The city engineer also may issue an annual "General Permit" for routine
maintenance or repair of existing facilities or service line utility work in the right-of-way
for excavations that exceed twelve (12) inches in depth or work that interferes with traffic
for more than one (l) 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.
Sec. 24-174. 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.
Sec. 24-175. Notice.
Notice for purposes of this ordinance 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. 24-176. Registration, permit.
All ROW Users and other persons obtaining a permit under Section 24-173 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
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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. 24-177. Registration Information.
The information required for registration includes the following:
(a) Identity and legal status of ROW User and names of all operators of any
facilities on or in the right-of-way;
(b) Name, address, telephone number, fax number and email address of officer,
agent or employee responsible for the accuracy of the registration information;
(c) 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;
( d) If applicable, certification number issued by the Public Utilities Commission;
(e) General description of Services to be provided; and
(f) Insurance information.
Sec. 24-178. Permit Application; fee.
(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
re gulati ans.
(2) The location of all above-grow1d 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:
( L) The construction methods to be employed will adequately protect
existing structures, fixtures, facilities within or adjacent to the public rights-of-
way.
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(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) All applications for a construction permit or a general permit under Sec. 24-
173 shall be accompanied by a fee of $30.00. A fee is not required for permit applications
under Sec. 24-173 by franchised utilities or by telecommunications providers certificated
by the Public Utility Commission for local service exempted from payment of such fees
pursuant to Section 283-056, Local Government Code, or their contractors. City
Departments and contractors hired by the City doing construction in the right-of-way or
on other City property shall be required to obtain a permit, but shall be exempted from
payment of the permit fee.
(e) 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 wiJl be issued to the person,
contractor or legal entity actually performing the work in the right-of-way.
Sec. 24-179. Insurance.
(a) The applicant for permit shall furnish a certificate of insurance for public
liability and property damage, issued by a solvent insurance company or companies
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 permit. The public liability and property damage insurance
required herein shall have a minimum limit of one hundred thousand dollars
($100,000.00) property damage per occurrence, three hundred thousand dollars
($300,000.00) bodily injury per occurrence, and ten thousand dollars ($10,000.00) for
any single occurrence for injury to or destruction of property.
(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 constmction 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
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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. 24-180. Issuance
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:
(a) 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 24-178.
(b) The applicant has submitted a duly executed application, containing all of the
information and data called for by section 24-178, including the proposal by the
applicant, as part of such application, to indemnify the City against all loss, damages and
liability as provided in subsections (b) of section 24-179, 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 24-179.
(c) That the certificates of public liability and property damage insurance have
been furnished to the City Engineer for permits issued under section 24-173 all in
accordance with the provisions of section 24-179.
(d) 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.
(e) That the health, welfare, and safety of the public will not be unreasonably
impaired.
(t) 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 (I) 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
m~jor projects.
Sec. 24-181. Construction schedule.
The permit holder shalJ 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. 24-182. Notice to Affected Property Owners and Emergency Responders.
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(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) If the work will impact several owners, such as a full City block, the permit
holder shall place door hangers, or other notification techniques, along the affected area
that will furnish information on work to be done, such as: type of work; expected
schedule; and permit holder company contact information, including daytime and
emergency contact names and numbers. Such notification shall be done at least two (2)
calendar 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.
Sec. 24-183. 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. 24-184. Display of permit.
The permit holder shall maintain a copy of the constrnction 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.
Sec. 24-185. 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
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city engineer or his or her designee, the permit holder shall relocate any facilities that are
not located in compliance with permit requirements.
Sec. 24-186. Non-complying 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. 24-187. 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. 24-188. 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. 24-189. Restoration ofright-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. 24-190. 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,
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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 24-178(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. 24-191. Responsibility of Pennit 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. 24-192. 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. 24-193. Rights of the Utility in the event of Closure or Abandoment ofRight-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 of
conveyance of land shall be subject to the rights of the ROW User.
Sec. 24-194. Denial of Permit.
A permit may be denied for any of the following reasons:
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(a) Failure to provide proof of liability insurance acceptable to the City.
(b) Failure to secure any required license for work of the nature required ..
(c) Failure to perform in accordance with the requirements of these provisions and
to correct any deficiencies after notice.
(d) The Excavation would be in a New Street and not otherwise permitted by this
Ordinance.
(e) 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.
statute.
(f) The proposed activity would violate a City ordinance or State or federal
(g) The permit application contains false or misleading information.
(h) The activity would cause a public health or safety hazard.
(i) The ROW User is not authorized to do business within the City.
(j)The ROW User is in violation of this Ordinance relative to work in progress.
Sec. 24-195. Revocation or Suspension of Permit.
The City reserves its right, as provided herein, to revoke or suspend any permits,
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:
(a) The violation of any provision of the permit;
(b) 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;
( c) Any material misrepresentation of any fact in the permit application;
(d) The failure to meet insurance or indemnification requirements;
(e) The failure to complete the work in a timely manner;
(f) The failure to correct a condition indicated on an order issued pursuant to this
Ordinance;
(g) Repeated traffic control violations;
(h) Failure to repair Facilities damaged in the right-of-way or
(i) Violation of any provision of this Article.
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.
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Within five (5) business days of receiving notification of the breach, 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.
The City Engineer or his or her designee may immediately suspend a permit and issue
an immediate stop work order ifthere 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.
Sec. 24-I 96. Appeals.
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:
(a) 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 ofreceipt of the appeal. Failure to
render a decision within five (5) business days shalJ constitute a denial.
(b) 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 (l 0) business days shall
constitute a denial.
(c) 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. 24-197. 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 ma.king 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
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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.
Sec. 24-198. Reporting.
When the work under any permit hereunder is completed, the permit holder shall
furnish the City Engineer a completion certificate.
Sec. 24-199. Work Done without a 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-way than shall be reasonably necessary to complete a project in the most
expeditious manner.
DIVISION 2. STANDARDS FOR EXCAVATION, BACKFILL AND PAVING REPAIRS.
Sec. 24-200. Excavation to be under Supervision of the City Engineer.
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, utility or ROW User's name.
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.
13
All transmission and distribution structures, lines, equipment and facilities erected by
a permit holder, utility or ROW User within 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.
The City reserves the right to lay, and allow to be laid, electricity, sewer, gas, water
and other pipe lines 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.
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.
Sec. 24-201. Field Utility Coordination.
The permit holder, utility or ROW User shall notify the Department at each of the
foJJowing times during a project: a) two (2) business days before the start of construction;
b) two (2) hours before beginning the initial backfill; c) two (2) hours before beginning
the paving of the street or alley; and d) upon completion of the project. 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.
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.
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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 "non-permanent" or
"biodegradable" markers is required.
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.
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.
Compliance with the Texas Utilities Code is required at all times.
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.
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 free standing.
Sec. 24-202. 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.
15
~ m ASPHALT PAVEMENT CUT Type 1',{l T Mlnl1n.Jm of the upper 12" < 18" mlnlrrum on thoroughfare streetsl of trench backfi I 1-11,2 sock contro I I ed I ow strength materlol Cflowable flt I) with pea grovel, If using corT'()acted bocKfil 1. Backfi I I corrpocted +o 951. ASlM O 698± 21. of opt I num moisture content. !Mox. 6" I lfts. l ALlERNAllVE Fu I l depth of trench bockf i I I 1 1,2 sock control led low strength moterlol (flowoble fill> with pea grovel. Any o+her alternative backfl I I methods shall be approved by the City Engineer. NOlE: For trenches greater than 4 feet In depth: Corrpact to 90~ Standard Procta-Density In 12" lifts, The upper 4 feet of the trench to be com>acted to 95~ Standard Procter Density In 611 I lfts. PIQte 1-07 AU'l• 2007 REPAIRS NO SCALE 12" Aspholt tack coot. Al I /oints to be sawcut. PIPE BEDDING <In oooordance with the engineers and manufacturers recommendations}. Note: All moteriols and construction practices shall be in conformance with City of Lubbock Standard Pavlnc Speclflcatlons.
I-' -..l CONCRETE OR BRICK STREET AND ALLEY CUT REPAIRS (Greater than 5' width wil I reQuire o special paving repair design approved by the City Engineer.) c l<JS& '6' concrete 300D par at 7 daY•• Drl 11 and di-ive 12" defcrffllKI "5 ~el b<Jrll f>• into e~1,t1no &l<ll> on l' apeolno, CONCRETE CAI' CIGG• 'B' Conc.-ete lOOO psi at l doya. Brick lolnta to be fl I led •Ith roof I~ ta.-<¥ ~1111111t, ar o& appi-ovod by U I coocr•t• lolnt1 tD bll SG-e4• #4 bara 12· O,C, Mox 11pocl119 J n both <H reotlona, ,~ street suoer1ntenCIOflt. Mlnlrrun, ~ a• Mln1IIUII e• mlnl111J111 Bockf i I I r.011p11cted 1Q 951 ASTM D 698:t 21 of Cll)"tl nul'I at11atLre content, !Max, s• I lftl, I Al TERK.l TIVE 11'2 sock control led low &+reno-th mterlal iflOWClble fl II l wlth 1)9(1 Bac.kf 11 I C)Oln)(llltecl •o 95'1. ASTN D 698t2'A. o1' Qrtlllllll iml•hlr• content, lb. ,. I I-ft•-, AL JERHAJI VE ;rove I • M'rf other <11 tarnllt t ve bclokf 11 I ll'lttMCl8 Iha II be (IDllf' oYe<I by the C 1 ty Enalneer, PlPE 8EDOINC l ln Cl(;GOrdanee with r < < £ < < r < I tne enolneer, and mnutactLTer• l"IIOOll'INlndat I 0011 l , 11,2 sock eim1ro I I ed I o• atrenQth iraterrcil lflOWClble fl 11) with JjtQ (ll"GVel. Any ath.-Glttrnotl'lft backfl 11 nthoda 11ho 11 tit Qpprovad by 1he City Eno I nocr • Plat• 2-07 Aug, iDOl CONCRETE STREET & ALLEY PAVING NOTE: See Concrete Cap deta11, IIDTEI Far trllllOl\e• Qr8atlll' thCl"I • feet rn dllpth1 CQ0Cit to 90'.t St<inclClrd Prc»tcr 1Mn8 I ty 1n 1i• llfte, The uP09r 4 .,_t af the -tr.noh to 114' omipaoted to ,sl Stcfldard Praotet Oaia1t:, rn 6• 1 lfta, NO SCAL.£ NOTE: PIPE 6EODING ( In ®eOl'dGnG• wl tl'I the en~ I naara Ql'l:d ll'D'lufacti.nw-11 rec:amiandat l ona 1. BRICK PAVING ¥15 Dawals nHdld ff tlld Into ax I at Ing i:o,cret• bou, Not•: A II IIIClt..-IG I. arw:I ,;cnatruc:+r en pniot 1 Ha oha 11 be In CIClllfcirnnn Wlfn City Of LublUIC:k Stcmaard Pa~IIIG Spec.lfll)at-1-.
..... ro TRENCH BACKFILL ON ALLEYS TO REQUIREMENTS BE PAVED WITHIN THE RIGHT-OF-WAY ConGrete A I I ey Pav I ng, ---· 6" subgr-ade ~~~~i~-~~~a11,, pr-eparat ion paving, eackfl II compacted to 95% ASTM D 6'Hl ±2"1, of optimum moisture content, CMax. 6" I Jtts.; ALTERNATIVE 11,2 sock control I ed I ow strength motet· r a I i f I owob I e f 1 I I l wl th pea grove I . Any other o I ternat 1 ve backf i I I methods shall be approved by the Clty Engl neer·, NOTE: For trenche::. greater than 4 feet In depth: Corrpoct to '307. Stondard Proctor Dens I ty In 12" I ltts. The upp&r 4 tee+ ot the trench to be COffl)acted to 95~ Standard Procta1· Density ln 6" I ifts. Plate 3-07 I\U~. 2007 DR AS DIRECTED 12" 11-•The alley paving contractor shal I be required to obtain 95% ASTM D 69B+I-2% of optinum moisture in the 6" depth of subgrade lmrredlotely below the ol ley paving. PIPE BEDDING { In accordance with the engineers and manufacturers r ecommef)dat I oo.s >. BY THE CITY ENGINEER Note: Al I materlols Qnd construction prac+rcas shol I be In confonoonce wi+h Cit)I ot Lubbock Stmdord Paving Specifications. NO SCALE
I-' lO TRENCH BACKFILL REQUIREMENTS ON STREETS AND ALLEYS UNPAVED WITHIN THE RIGHT-OF-WAY Bockff11 corrc::,aq.ted to go1. ASTM D 698 2"h"bf optfm;m moisture content. !Mox. 6" lifts.> ALTERNATIVE 1112 sock control led low strength moteriol lflowable ril I l with peo gravel. Any other alternative backf I 11 mei'hods sha I l be approved by the City Enotneer. OR AS DIRECTED Existing ground sur~ace. 12" PlPE BEDDING lln accordance with the englneers and manufacturers recomrrendotions). BY THE CITY ENGINEER NO SCALE NOTE: f<r trenches greater than 4 feet In depth: CCll11)oct to 90~ Stondord Proot<Y Density In 12w llfts. The upper 4 feet of the trench to be carpocted to 90% Standard Procter Density In 6" llft&, Plate 4-07 .wg. 2007 Note: All materials and construction practices she I I b& In conformance with CTty of Lubbook Stond<rd Pav\na Speclilcatlons.
N 0 CONCRETE PAVING OR CAP Place# 4 bars both ways along paving cut at 12" max. spacing. At least 2 #4 bars each way are required. 6"~ r---, r--6,, #5 deformed dowel bars ._____=] i=--..... . •-.~.. l' ••· .· .• ···•··. ·.,'· ..... > •'l'•." . ~ . .. . .. . . , . • ., .. 0> e .. ~. · e · e ·~r=-li--------,,o,:;.r:~I _____ L _______________ ===-==-~ #4 bars Dowel concrete paving to existing concrete paving: dr i I l and drive 12" deformed #5 dowe I bars 6" into existing slab on 3' spacing. Plate 5-07 Aug. 2007 NO SCALE Note: Al I materials and construction practices shal I be in conformance with City of Lubbock Standard Paving Specifications.
"' I-' NE'w' DRIVE'w' AY FDR ASPHALT CUT REPAIR STREETS N£\J COMCRET[ l)R(V(\JAY _L_ ,. TYP. ,--NE:V CONCIIE:TE STREl:T GUTTtR CDOVN CURB> CEITHl:R -1) "'ITH NEW DRIVEWAY llR S£PERA TEPOUR) N•TE• MAINTIAN VERTICAL AND HORIZONTAL ALIGNMENT or STREET GUTTER. AND GUTTER rL•IJ LINE. NOTE, ALL MATERIALS AND CDNSTRUCT10N PRACTICES SHALL BE IN CONFORMANCE \JlTH CITY or LUBB•CK STANDARD PAVING SPECIFICATIONS. CUT ARCA Of" ASl'til\l. T STR££T F'llll NE:\/ DR1V£ 6' -t----1-18' TYP. -j I 1/J!' CITY OF'" LUJBDCK TYPC •c· llR ·o• HMAC SURFACE. !'.XlSTJNG ASPHALT SURf'I\Ct I I / FLOW LIN[ \ '/ l ' / ".., ' -/"" ", ~/ ·... ',,/ ' ' ~ " .. ,. ·-/ ·, BASE !IA T£RIAL F'DR STRa:T F'ILL WITH f"LDVABLE FILL (OR OTHER HATEIUAL APPROVED BY THE CITY £NGINEtR> TO IDtTOK or HEW HIW: $URf"ACt. N•TE, DRA\J[NG NOT T• S:CALE PLATE, 6-07 AUG. 2007 ., DRAWN BY> S, tllCHOLS REV fSEll 11Y• S, HICHIJ..S: IIEVls:lDN ND, 2 ..L' )/2' T DA TE• 6...?5-07 DA ft, 7-16-07
N N NE\J DRIVEw'AY CUT REPAIR STREETS FOR CONCRETE NE:lol CllNCR£TE: DRlV[IJAY __.!__ &• TYP. . .. •-' -r-NEIi CIINCR£Tt STRtE:T GUTTER (Dfl\JN C:URR) NOTE• MAINTIAN VERTICAL AND H•RIZONTAL ALIGNMENT OF S:TRECT GUTTER, AND GUTTER F°LD'w' LINE. NOTE• REMOVE: CURB T• LIP LINC. POUR DRlVE',IAY FLUSH IJITH EXISTING CONCRETE LINE. NOTE• ALL MATERIALS AND CONSTRUCTION PRACTICES SHALL BE IN CONFORMANCE 'w'ITH CITY OF LUBBOCK STANDARD PAVING SPECIFICATIONS. 6° rt 19• TYP. 7 . f rLow LINE: I ..,----~ . . .. .-EXISTING CONCRETE: SURF"ACE: -.-~,,._. ;~.. ·.:, ·. ,( ; NOTE, DRAWING NOT TD SCALE PLATE, 7-07 AUG. 2007 '' • y ; • • , ·, .. l ; ..-. • .. ·• .•.• • : . •· -•, . ,, DRAl,/M BY, S, NICHOLS RE:VISE D BY• S. NICHILS RtvlSJDH Nil, I DATE• 6-U,-07 Do\tEl 7-16-07
20' 10· 10' 1' t,• _______ _I io------1· s· -----.I s• ___ _... 5• ___ __. 2' . -~ .• -~ .• J. .•. : . • .,. ,: BURlEO EU:CTRIC CA8LE 2' [_-.an:11 alleyview_cutout.dgn 10/26/2007 12:03:38 PM 10' IIINIIUI ---------i Pl.ATS< 08-17' AV(1.eeo, ,. 9• ❖ LOT ··~~: ~:: IK:!~ ..... n ~~.T ... 1 .. ,n~ 5• 10· • $£'1ER LINE ::c : ,to,20 s· TYPIC~L LOT I . t -~!! _, ., ., "' ''"" ~3W i Ill NIIIU I ... City Eft!II-.. , --Olt .. l'IOt• ,_.1ono .... , •• .., to ot ..... uH I Uy tn,tol tc:iitlcs, -1nodOIOOJ'• STANDARD LOCATIONS FOR UTILITIES IN ALLEYS ____ NOT TO $CALE CITY or LUBBOCK ffllftP.~--=•:g_ ,tyll§':r&•UlflllllT 1-U.IIC)CII, TIXA8 ?NOT IDIIHN .YI IR[V,SEO IIYI S,Nl(ljOI.S IRtv SIDN ltll.15 D•Tlt tm DATE REYl$EOl l{~f •:·a n -~--·-.
Sec. 24-203. 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. 24-204. Supervision by City of Location of Poles and Conduits.
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.
Any above ground 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. Above
ground facilities shall also be located so they will not violate the City's right-of-way
visibility requirements.
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. 24-205. Backfi11 of Excavated Area.
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.
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. 24-206. Restoration of Pavement.
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
24
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.
(a) No trench shall be opened in any street for the purpose oflaying 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.
(b) All excavations shall comply with the standards and requirements
established from time to time by the City Engineer for compaction, backfill and
pavement restoration.
(c) Any excavated pavement, debris and other rnbble 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.
( d) 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.
( e) All materials and construction practices shall be in conformance with City
of Lubbock Standard Paving Specifications.
(f) Any paving failures, including surface, base, or sub-grade 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. 24-207. 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 (I) 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.
Sec. 24-208. 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
25
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. 24-209. 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. 24-210. 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 backfill
materials, subgrade, concrete, asphaltic concrete and other construction materials as
may be deemed necessary.
Sec. 24-211. Utility Excavation in ROW Restored to Good Condition.
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.
(a) 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.
(b) EXCAVATION OF STREETS IN GOOD CONDITION. A permit
holder, utility or ROW User shall perfonnjacking 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 al I streets in good condition regardless of age shall
not occur without a pem1it and prior approval of the City Engineer. Streets
assigned to a PCI (Pavement Condition Index) of 92 or above by the
26
Pavement Management System are deemed to be in good condition and are
suqject 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.
(c) EXCAVATION IN PORTLAND CEMENT CONCRETE (PCC)
PAVEMENT SURF ACE. 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.
( d) 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.
DIVJSTON 3. BARRICADES.
Sec. 24-212. 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 desire
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
27
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. 24-213. 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. 24-214. Additional Requirements.
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.
Sec. 24-215. 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 pe1mit 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.
DIVISION 4. PENALTIES.
Sec. 24-216. 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 1-4 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 pa11 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.
28
SECTION 2. THAT the following enumerated sections and subsections of the Code
of Ordinances of the City of Lubbock, Texas, BE and are hereby repealed:
Sec. 24-71. Barricading of construction in public right-of-way.
Sec. 24-118. Replacement of pavement cut for utility installation; payment; bond.
Sec. 24-120. Protective measures.
Sec. 24-122. Permit and bond.
Sec. 26.5-131. General.
Sec. 26.5-132. Construction codes.
Sec. 26.5-133. Construction permits.
Sec. 26.5-134. Applications.
Sec. 26.5-135. Engineer's certification.
Sec. 26.5-136. Traffic control plan.
Sec. 26.5-137. Issuance of permit.
Sec. 26.5-138. Construction schedule.
Sec. 26.5-139. Compliance with permit.
Sec. 26.5-140. Display of permit.
Sec. 26.5-141. Survey of underground facilities.
Sec. 26.5-142. Noncomplying work.
Sec. 26.5-143. Completion of construction.
Sec. 26. 5-144. As-built drawings.
Sec. 26.5-145. Restoration of improvements.
Sec. 26.5-146. Landscape restoration.
Sec. 26.5-147. Responsibility of owner.
SECTION 3. THAT violation of any provision of this ordinance shall be deemed a
misdemeanor punishable in accordance with Sec. 1-4 of the Code of Ordinances of the City
of Lubbock, Texas.
SECTION 4. 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 5. 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 9
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 20th day of November
Passed by the City Council on second reading this 6th day of December
ATTEST:
d<.lord/StCu\3 .ord
November I 5, 2007
30
, 2007.
, 2007.
• ,,
JAi\J J 7 2006
CITY SECRETARY
_l_n_s_id_e_C_la_s_s_i_f1_·e_d_M_a_n_a_.9~~:.=L:U_B~SOC~~:.:.:K~, TEXAS.:.::;:=-J my commission Expires
LUBBOCK AVALANCHE-JOURNAL
~orris Communication Corporation
50/2011
Subscribed and sworn to before me this ~J,J_nO-____ dayof ~
FORMSS-10 ALAN C WEEMS
Notary Public. St.ate of Texas
My Commi89ion Expires
May 07, 2011