HomeMy WebLinkAbout2000-2457 - Ordinance - 06/22/2000ORDINANCE NO. 2457
AN ORDINANCE AMENDING CHAPTER 3, "BUILDING REGULATIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMEND-
ING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1'
PART 2:
PART 3:
That Chapter 3, "Building Regulations", of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit "A", attached hereto and
made a part of this ordinance for all purposes.
That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 22nd day of June, 2000.
CONNIE HOOKS, City Secretary
APPROVED:
APPROVED:
HANEY, Mayor /
gqty 3ttt~rn-~r
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ORDINANCE NO. 2457 Page 2
EXHIBIT A
That Chapter 3 of the Code of Ordinances of the City of College Station, Texas, is hereby
amended by amending Section 2 to read as follows:
"SECTION 2:
RIGHT-OF-WAY MAINTENANCE
A. GOVERNING LAW; LIMITATIONS; COMPLIANCE
(1)
This ordinance shall be construed in accordance with the City's Charter and Code
in effect on the effective Date of this ordinance to the extent that such Charter and
Code are not in conflict with or in violation of the Constitution and laws of the
United States or the State of Texas.
(2)
This ordinance shall be governed in accordance with the laws of the State of
Texas.
B. CIVIL PENALTIES
(1)
Civil penalties may be imposed for the violation of any provision of this Chapter,
as follows:
(a)
Up to One Thousand Dollars ($1,000.00) for each violation, and each day
of a continuing violation may be considered a new violation; and/or
(b)
If applicable, default and revocation of any or all permits granted to allow
work in the right-of-way, subject to the procedural guidelines noted in this
chapter and any agreement which applies to the right-of-way user, and
further subject to any limitations imposed by federal or state law.
(c)
In imposing the penalties and the amount, the City may weigh all
applicable factors, such as damages caused by the violation, economic
benefit to the violator, reasons for the violation, the seriousness of the
violation, and all other factors.
(2)
Monetary civil penalties may be imposed in the manner prescribed by either local
or state law.
(3)
In addition, the City Council may order specific performance of any actions
required by this chapter or required by a franchise, license or permit, including the
permit authorizing work to be performed in the rights-of-way, or any other
agreement or authorization.
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(4)
Prior to initiation of enforcement litigation, the user shall be given the opportunity
to correct the violation within time frame specified by the City.
(5)
For the purposes of this Ordinance, when not inconsistent with the context, words,
used in the present tense include the future tense, words in the plural include the
singular, and words in the singular include the plural, and the use of any gender
shall be applicable to all genders whenever the sense requires. The words "shall"
and "will" are mandatory and the word "may" is permissive. Words not defined
in this Ordinance shall be given their common and ordinary meaning.
C. CRIMINAL PENALTIES
(1)
That any person, firm, or corporation willfully and intentionally violates any of
the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not less than Twenty-five
Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such
violation shall continue or be permitted to continue, shall be deemed a separate
offense.
D. DEFINITIONS
Person shall include unless otherwise required in context, a natural person, a legal entity
or other group or organization.
Facilities means all the plant and equipment including all tangible and intangible real and
personal property without limitation, and any and all means and instrumentality in any
manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by,
or in connection with its business.
Owner means the person who owns the facilities located in the City's fight-of-way.
Permit means the document issued by the City to the owner of the facilities that
authorizes the use of the right-of-way by the owner to install and maintain its facilities.
Permitee means the owner.
User means a person who uses the City's rights-of-way to install its facilities.
Right of Way means the surface of, and the space above and below a public street, road,
highway, freeway, land, path, public way or place, alley, court, boulevard, parkway,
drive, or other easement no or hereafter held by the City (including any street, as defined,
which is acquired by eminent domain) for the purpose of public travel and shall include
other easements or fights-of-way now or hereafter held by the City or in which the City
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has an interest (including any easements or fights-of-way acquired by eminent domain)
which shall, with their proper use and meaning, entitle the City and a utility to use thereof
for the purpose of installing facilities, and other property as may ordinarily be necessary
and pertinent to a utility system
Easement means and shall include any public easement or other compatible use created
by dedication, or by other means, to the City for public utility purposes or any other
purpose whatsoever.
City means the City of College Station, Texas, a home-rule municipal corporation
Applicant means the owner who submits an application to the City for a permit
authorized under the terms and conditions set forth in this Ordinance. An application is
not considered administratively complete if it is not signed by and submitted by the
owner or the owner's authorized representative or if it does not contain all of the
information required by the application or this ordinance or if the required fee has not
been submitted with the application.
Franchise means the user fee or charge that the City requires as payment for using its
streets, rights-of-way, public ways, and easements of the City in order to construct,
maintain, and operate a private utility system, and includes fees for permits or licenses.
Invalid Permit - a permit will not be considered valid if it contains information that is
incorrect at the time it was submitted or if it is executed by an unauthorized
representative or if the applicant has made any misrepresentation of material fact in the
application.
E. RIGHT-OF-WAY CONSTRUCTION.
No person shall commence or continue with the construction, installation or operation of
facilities within the right-of-way in the City except as provided by the ordinances of the
City and the directives of the City. All construction activity in City right-of-way will be
in accordance with this Chapter.
F. REGISTRATION AND CONSTRUCTION PERMITS
(1)
Registration. In order to protect the public health, safety and welfare, all users of
the right-of-way will register with the City of College Station. Registration fees
for right-of-way users will be set by College Station City Council resolution.
Right of way users who are telecommunications providers and pay annual
blanket right-of-way fees pursuant to Chapter 283 of the Texas Local
Government Code as amended or users who hold a valid franchise with the City
are exempt from the payment of registration fees under this Ordianance
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Registration and permits will be issued in the name of the person who owns the
facilities. Registration must be renewed every five (5) years. For utilities with a
current franchise or license, the franchise or license will be evidence of renewal.
If a registration is not renewed, and subject to sixty (60)-day notification to the
owner, the facilities of the user will be deemed to have been abandoned. When
any information provided for the registration changes, the user will inform the
City of College Station of the change no more than thirty (30) days after the date
the change is made. Registration shall include:
(a) The name of the user of the right-of-way;
(b)
The name, address and telephone number of people who will be contact
person(s) for the user;
(c)
The name, address and telephone number of any contractor or
subcontractor, if known, who will be working in the fight-of-way on
behalf of the user;
(d)
The name(s) and telephone number of an emergency contact who shall be
available twenty-four (24) hours a day;
(e) Proof of insurance and bonds:
An applicant must provide acceptable proof of liability insurance
in the total amount of Three Million Dollars ($3,000,000.00); One
Million Dollars ($1,000,000.00) primary plus Two Million Dollars
($2,000,000.00) umbrella if requested by the owner of the
facilities, or other provisions as acceptable to the director of
financial services or his/her designee. The City Manager or his /
her designee may waive or reduce the bonding requirements in a
non-discriminatory, competitively neutral manner, taking into
consideration both that the person has furnished the City with
documentation sufficient in the sole discretion of the Finance
Director to evidence adequate financial resources substantially
greater than the bonding requirements, has a Standard & Poor's A
bond rating or better or a Moody's A bond rating or better, and has
demonstrated in prior right-of-way construction activity, prompt
resolution of any claims and substantial compliance with all
required applicable building codes and ordinances.
The coverage must be on an "occurrence" basis and must include
coverage for personal injury, contractual liability, premise liability,
medical damages, underground, explosion and collapse hazards.
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Each policy must include a cancellation provision in which the
insurance company is required to notify the City in writing not
fewer than thirty (30) days before canceling, failing to renew, or
reducing policy limits.
(2) Construction
The applicant shall file the required original certificate of
insurance prior to any commencement of work. The certificate
shall state the policy number; name of the insurance company;
name and address of the agent or authorized representative of the
insurance company; name, address and telephone number of
insured; policy expiration date; and specific coverage amounts.
(a)
Applicant shall file an annual surety bond which will be valid each
year construction will occur through one (1) full year after the
completion of the construction from a surety company authorized
to do business in the State of Texas in the amount of the estimated
amount of the cost to restore the right-of-way for the work
anticipated to be done in that year, in the event the applicant leaves
a job site in the right-of-way unfinished, incomplete or unsafe or
other provisions as acceptable to the director of financial services
or his/her designee.
The above requirements may be met by utilities with a current
franchise or license if their current franchise or license adequately
provides for insurance or bonds or provides an indemnity in favor
of the City.
permits.
No person shall perform any construction or installation of facilities in the
right-of-way without first obtaining a construction permit, except as
provided herein. The permit will be in the name of the person who will
own the facilities to be constructed. The permit must be completed and
signed by a representative of the owner of the facilities to be constructed.
The phrase "construction or installation of facilities" does not
include the installation of facilities necessary to initiate service to a
customer's property, or repair or maintenance of existing facilities
unless such repair or maintenance requires the breaking of
pavement; the closure of a nonresidential traffic lane for a time
period greater than four (4) hours; excavation or boring.
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ORDINANCE NO. 2457 Page 7
(b)
(c)
Emergency responses related to existing facilities may be
undertaken without first obtaining a permit; however the City shall
be notified in writing within two (2) business days of any
construction related to an emergency response; including a
reasonably detailed description of the work performed in the right-
of-way and an updated map in a format prescribed by the City of
any facilities that were relocated, if applicable.
3. Emergency response permits are required only if a permit is
required pursuant to the applicable provisions herein.
The permit shall state to whom it is issued, location of work, location of
facilities, dates and times work is to take place and any other conditions
established by the City.
The person requesting a permit will provide the City with documentation
in the format specified by the City describing:
o
The proposed, approximate location and route of all facilities to be
constructed or installed and the applicant's plan for right-of-way
construction.
Engineering plans which will be on a scale of one inch (1") equals
fifty feet (50') unless otherwise approved by the City.
Detail of the location of ali right-of-way and utility easements that
applicant plans to use.
Detail of all existing City utilities in relationship to applicant's
proposed route.
Detail of what facilities the applicant proposes to install, such as
pipe size, number of interducts, valves, etc.
Detail of plans to remove and replace asphalt or concrete in streets
(include City of College Station standard construction details).
Drawings of any bores, trenches, handholes, manholes, switch
gear, transformers, pedestals, etc. including depth located in public
right-of-way.
Handhole and/or manhole typicals of type of manholes and/or
handholes applicant plans to use or access.
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(d)
(e)
(0
(g)
Complete legend of drawings submitted by applicant unless
otherwise approved by the City.
10.
Four (4) sets of engineering plans must be submitted with permit
application.
11.
The name, address and phone numbers of the contractor or
subcontractor who will perform the actual construction, including
the name and telephone number of an individual employed by the
contractor who will be available at all times during construction.
Such information shall be required prior to the commencement of
any work.
12.
The construction and installation methods to be employed for the
protection of existing structures, fixtures, and facilities within or
adjacent to the right-of-way, and the dates and times work will
occur, all of which (methods, dates, times, etc.) are subject to
approval of the City.
13. A statement that the requirements of Subsection E(1)(e) 1 are met.
All construction and installation in the right-of-way shall be in accordance
with the permit for the facilities and any approved plans and specifications
made in connection with it. The City shall be provided access to the
worksite and to such further information as may be reasonably required to
ensure compliance with the permit.
A copy of the construction permit and approved engineering plans shall be
maintained at the construction site and made available for inspection by
the City at all times when construction or installation work is occurring.
All construction or installation work authorized by permit must be
completed in the time specified in the construction permit. If the work
cannot be completed within the specified time periods, the permittee may
request an extension from the City. Extension requests are to be made at
the same location where permits are issued. The City will use its best
efforts to approve or disapprove a request for extension as soon as
possible.
A copy of any permit or approval issued by federal or state authorities for
work in federal or state right-of-way located in the City of College Station,
if requested by the City.
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(1)
(2)
(h)
A request for a permit must be submitted at least ten (10) working days
before the proposed commencement of work in the request, unless waived
by the City in writing.
(i)
Requests for permits will be approved or disapproved by the City within a
five (5) business days of receiving all the necessary information. The City
will use best efforts to approve or disapprove a request for permit as soon
as possible. City will provide reason to permitee should permit be
disapproved.
0)
The City or the applicant can request a pre-construction meeting with the
permittee and their construction contractor.
(k)
Permit applications are required for construction of new, replacement
facilities or upgrading of the company's existing facilities in the right-of-
way or public utility easement either aerial or underground.
(1)
Permit fees as adopted by College Station City Council resolution will
apply to those right-of-way users who do not pay annual blanket right-of-
way fees.
CONSTRUCTION STANDARDS.
(3)
City must be notified twenty-four (24) hours in advance that construction is ready
to proceed by either the right-of-way user, their contractor or representative. At
the time of notification, the right-of-way user will inform the City of the number
(or other information) assigned from the one-call system.
(4)
All construction shall be in conformance with all applicable City codes, local,
state and federal laws.
Three-by-three (3 x 3) feet information signs identifying the name of the
company doing the work, telephone number and permittee's identity and
telephone number shall be placed at the location where construction is to occur
prior to the beginning of work in the right-of-way and shall continue to be posted
at the location during the entire time the work is occurring. An informational sign
will be posted in public right-of-way one hundred feet (100') before the
construction location commences and each one hundred feet (100') thereafter,
unless other posting arrangements are approved or required by the City.
Erosion control measures (e.g. silt fence) and advance warning signs, markers,
cones and barricades must be in place before work begins. The contractor will
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(5)
(6)
(7)
(8)
(9)
(lO)
(11)
(12)
(13)
contain and prevent all soil fi.om migrating offsite by use of water suppression,
vehicle cleaning areas, silt fences, hay bales, etc.
The Contractor will maintain base material on streets under construction and on
detours as required to maintain sufficient moisture content in surface layer for
dust control. The Contractor will be responsible for cleaning mud and dust from
roadways on a daily basis.
Lane closures on major thoroughfares will be limited after 8:30 a.m. and before
4:00 p.m. unless the City grants prior written approval. Arrow boards will be
required on lane closures, with all barricades, advance warning signs and thirty-
six inch (36") reflector cones placed according to the specifications of the City.
Permittee is responsible for the quality of the workmanship and any damage
caused by its contractors or subcontractors. A designated representative of the
permittee will be available to the City at all times during construction.
Permittee shall be responsible for storm water management erosion control that
complies with City, state and federal regulations and guidelines. Requirements
shall include, but not be limited to, silt fencing around any excavation that will be
left overnight, silt fencing in erosion areas until reasonable vegetation is
established, barricade fencing around open holes, and high erosion areas will
require wire-backed silt fencing. Upon request permittee may be required to
furnish documentation submitted or received from federal or state government.
Permittee, contractor or subcontractor will notify the City immediately of any
damage to other utilities, either City or privately owned.
It is the City's policy not to cut streets or sidewalks; however, when a street or
sidewalk cut is necessary, prior written approval must be obtained from the City
and all requirements of the City shall be followed. Repair of all street and
sidewalk removals must be made promptly to avoid safety hazards to vehicle and
pedestrian traffic.
Installation of facilities must not interfere with City utilities, in particular, gravity
dependent facilities.
New facilities must be installed to a depth approved by the City.
Ali directional boring shall have locator-place bore marks and depths while bore
is in progress. Locator shall place mark at each stem with paint dot and depth at
least every other stem.
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(14)
The working hours in the rights-of-way are 7:00 a.m. to thirty (30) minutes before
sunset, Monday through Friday. Work that must be performed after thirty (30)
minutes before sunset Monday through Friday must be approved in advance. Any
work performed on Saturday must be pre-approved twenty-four (24) hours in
advance by the City. Directional boring is permitted only Monday through Friday
7:00 a.m. to thirty (30) minutes before sunset, unless approved in advance. No
work will be done, except for emergencies, on City holidays.
(15)
People working in the right-of-way are responsible for obtaining line locates from
all affected utilities or others with facilities in the right-of-way prior to any
excavation. Use of the Geographic Information System or the plans of record or
both does not satisfy this requirement.
(16)
Permittee will be responsible for verifying the location, both horizontal and
vertical, of all facilities. When required by the City, permittee shall verify
locations by pot holing, hand digging or other method approved by the City prior
to any excavation or boring with the exception of work involving lane closures, as
discussed above.
(17)
Placement of all manholes and/or hand holes must be approved in advance by the
City. Handholes or manholes will not be located in sidewalks, unless approved
by the City.
(18) Locate flags shall not be removed from a location while facilities are being
constructed.
(19)
Construction which requires pumping of water or mud shall be contained in
accordance with City of College Station ordinances, federal and state law.
PLANS OF RECORD
(1)
Right-of-way and public utility easement users will provide the City with "plans
of record" (also called "as built" plans) within ninety (90) days of completion of
facilities in the right-of-way and/or public utility easement. Users who have
existing facilities in the right-of-way and public utility easements as of the
effective date of this ordinance who have not provided a copy of the "plans of
record" shall provide one-fourth (¼) of the information concerning facilities in
City right-of-way within one (1) year after the passage of the ordinance and one-
fourth (¼) each six (6) months thereafter. The plans shall be provided to the City
with as much detail and accuracy as required by the City. Plans that do not meet
these requirements are incomplete and shall not be considered submitted to the
City under this Ordinance All the requirements specified for the plans submitted
for the initial permitshall be submitted and updated in the plans of record. The
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detail and accuracy will concern issues such as locationand any other health,
safety and welfare concerns required to be included by City. The detail will not
include matters such as capacity of lines, customers, or competitively sensitive
details. Submittal of"plans of record" shall be in digital format.
(2)
This requirement, or portions of this requirement, may be waived by the City for
good cause.
RELOCATION OF FACILITIES REQUIRED; ABANDONMENT
Whenever the City widens, or
easements, bikeways, sidewalks,
electric lines, fiber optic or sewer
otherwise provided otherwise by
until that franchise expires or
straightens, installs, relocates public streets, alleys,
thoroughfares, highways, public ways, water lines,
lines, the user shall relocate, at its own expense (unless
state law or a franchise in effect on August 26, 1999,
is otherwise terminated), its facilities and other
appurtenances in order to accommodate the installation, relocation, widening, or
changing of the grade of same including if necessary relocating such poles wire cables
anchors, manholes, conduits, or other facilities or appurtenances to a sufficient distance
from the edge of the pavement to permit a reasonable work area for machinery and
individuals engaged in installing, relocating, widening, or changing the grade of any
public street, sidewalk, bikeway, alley, public thoroughfare, highway or public way.
Additionally, the user must relocate at its sole expense any facilities erected or
maintained if said relocation is deemed necessary by the governing body or its designated
representative for traffic safety purposes or the accommodation of other necessary
utilities owned and/or operated by the City including traffic signals. Whenever by reason
of changes in the grade of a thoroughfare or in the location or manner of constructing a
water pipe, gas pipe sewer or other aboveground or underground structure it is deemed
necessary by the City to remove, alter change adapt or conform the underground or
aboveground facilities of the user, the user shall make the promptly but not later than
ninety (90) days from the date that notice is sent to Owner unless a different schedule was
approved by the City without claim for reimbursement or damages against the City. If
Owner fails to move its facilities after ninety (90) days or the approved schedule,
whichever is applicable, as same may be extended from time to time, the facilities shall
be deemed abandoned and City may remove the facilities without liability therefore and
charge the cost of removal to Owner.
IMPROPERLY INSTALLED FACILITIES.
(l)
Any person doing work in the City right-of-way shall install, repair, upgrade and
maintain facilities in a good and workmanlike manner, and in accordance with the
standards and specifications established herein as well as all applicable industry
standards, and local, state, administrative and federal laws, rules, regulations and
guidelines.
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(2)
Facilities shall be considered to be improperly installed, repaired, upgraded or
maintained if:
(a)
The installation, repairs, upgrade or maintenance endangers property or
people;
(b) The facilities do not meet the applicable City codes;
(c) The facilities are not capable of being located using standard practices;
(d)
The facilities are not located in the proper place at the time of construction
in accordance with the directions provided by the City.
RESTORATION OF PROPERTY.
Users of the right-of-way shall restore property affected by construction of
facilities to a condition that is equal to or better than the condition of the property
prior to the performance of the work. Restoration must be approved by the City.
(2)
Restoration must be to the reasonable satisfaction of the City. The restoration
shall include, but not be limited to:
(a)
Replacing all ground cover with the type of ground cover damaged during
work or better either by sodding or seeding, as directed by the City;
(b) Installation of all manholes and handholes, as required;
(c)
Backfilling all bore pits, potholes, trenches or any other holes shall be
filled in daily, unless other safety requirements are approved by the City;
(d) Leveling of all trenches and backhoe lines;
(e) Restoration of excavation site to City specifications;
(f) Restoration of all landscaping, and sprinkler systems.
All locate flags shall be removed during the clean up process by
the permittee or his/her contractor at the completion of the work.
Restoration must be made promptly, as specified by approved City
schedules and to the satisfaction of the City. If restoration is not
performed promptly, all work-in-progress, except that related to
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the problem, including all work previously permitted but
incomplete may be halted and a hold may be placed on any permits
in progress but not approved until all restoration is complete.
REVOCATION OR DENIAL OF PERMIT.
If any of the provisions of this ordinance are not followed, a permit may be revoked by
the City. If a person has not complied with the terms and conditions of this ordinance in
work done pursuant to a prior permit, new permits may be denied or additional terms and
conditions required.
APPEAL FROM DENIAL OR REVOCATION OF PERMIT.
Appeal from denial or revocation of a permit or from the decision of the City staff shall
be to the City Council. Appeal shall be filed with the City Secretary within fifteen (15)
days from the date of the decision being appealed."
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