HomeMy WebLinkAboutResolution - 2013-R0319 - Adopt Underground Utility Duct System Ownership, Maintenance, & Repair Policy - 09/26/2013Resolution No. 2013-RO319
September 26, 2013
Item No. 5.9
RESOLUTION
WHEREAS, the City of Lubbock, as a home rule municipality, has exclusive
control over and under the streets and alleys of the city; and
WHEREAS, the city Council of the City of Lubbock determined July 14, 2011 in
Resolution 2011-R0287, that it was "reasonably necessary for all utilities located
overhead in the streets and alleys of the downtown area to be relocated into an
underground duct system as this public improvement is installed by the City of Lubbock;"
and
WHEREAS, Phase I of the installation of the underground duct system is nearing
completion and the affected utilities are relocating their lines into the individual color -
coded conduits within the underground duct system that are reserved for each utility; and
WHEREAS, the City desires to establish policies to govern ownership,
maintenance, repair, and other activities within the public right-of-way regarding the
underground utility duct system; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the attached "City of Lubbock Underground Utility Duct System:
Ownership, Maintenance, & Repair Policy" is hereby adopted.
Passed by the City Council on September 26 , 2013.
" � � - Z�,
GLEN C. BE TON, AYOR
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ATTEST:
. P 4L,�, ,
Reb tca Garza, City Secretary
APPROVED AS TO CONTENT:
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R. Keith Smith, P.E.
Director of Public Works
City Att 1 Linda Res-Duwntuwn underground utilities policy
August 12, 2013
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
Resolution No. 2013-R0319
CITY OF LUBBOCK UNDERGROUND UTILITY DUCT SYSTEM:
OWNERSHIP, MAINTENANCE, & REPAIR POLICY
The underground utility duct system is a public improvement designed, paid for,
and installed in the right-of-way of the downtown area by the Central Business
District Tax Increment Financing Reinvestment Zone ("CBD TIF") of the City of
Lubbock to create a safe, attractive, and pedestrian friendly environment for the
citizens living, working, and visiting downtown Lubbock. As redevelopment occurs,
overhead utilities will be relocated into the underground utility duct system. Inside
the duct system, an individual color -coded conduit(s) is provided for each Utility to
house its wires, cables, and/or related transmission equipment (its "facilities").
Relocation will promote the health, safety and welfare of the general public by
lessening congestion in the streets, providing safety from fire and other dangers, as
well as facilitating adequate provisions for transportation, utilities, and other public
requirements and thereby promoting the general good and welfare of the public.
This policy is intended to clarify the ownership, maintenance, and repair
responsibilities of the City and the public or private utilities occupying the conduits
within the Underground Utility Duct System. The City of Lubbock Engineer or his
designee shall implement this policy and oversee its administration.
OWNERSHIP
a. The public improvement known as the Underground Utility Duct
System is owned by the City of Lubbock.
b. At the time that any utility, public or private, occupies one or more of
the color -coded conduits with its facilities, ownership of the conduits
and the pull boxes will transfer to the occupying utility ("Utility").
Upon removal, conduits and pull boxes must be returned to the City
in good working condition. When the Utility no longer occupies the
conduit and the pull boxes, ownership reverts to the City of Lubbock.
II. MAINTENANCE
a. The City of Lubbock will maintain the Underground Utility Duct
System as a public improvement, subject to paragraph b, below.
b. Each Utility will be responsible for maintaining their facilities and the
color -coded conduits and pull boxes through which their facilities run.
III. DAMAGE AND REPAIRS
a. Any person, firm, corporation, or utility responsible for damages to
the existing Underground Utility Duct System or the existing conduits
and facilities therein shall pay for the cost of repairing same. All
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repairs to public surface improvements will be subsidiary to conduit
repairs. If the party responsible for the damages cannot be located,
the City will be responsible for repairing damage to any unoccupied
color -coded conduits and the individual Utilities will be responsible
for repairs to their facilities and to their color -coded conduits and pull
boxes.
b. In the course of installation, operation and maintenance of the
Utility's facilities and color -coded conduits and ports, each Utility shall
use due care, and any damage to the Underground Utility Duct System
shall, at the option of the City, be either repaired by and the cost paid
by the Utility, or repaired by the City and the cost thereof charged to
the Utility. In performing work on the pull boxes and conduits,
Utilities shall use only competent employees and contractors,
approved by the City of Lubbock Engineer, who are knowledgeable in
the work to be performed and who are familiar with the facilities and
safe practices utilized in, on or around the pull boxes and conduits.
c. Any person, firm, corporation or utility requiring a paving cut or
excavation for maintenance or repairs to the underground Utility Duct
System or one of the existing conduits and facilities shall comply with
the requirements of Chapter 36 of the City of Lubbock Code of
Ordinances and the City of Lubbock Utility Excavation Manual with
regard to all applicable provisions, including permits, field utility
coordination, backfill, compaction, and pavement restoration.
d. Each Utility within the Underground Utility Duct System must mark
underground lines in the Duct System if necessary, in accordance with
state and local law, when notified of a request for a utility locate under
the Texas Excavation Safety System (TESS).
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