HomeMy WebLinkAbout2005-2781 - Ordinance - 01/27/2005ORDINANCE NO. 278~
AN ORDINANCE AMENDING CHAPTER 3, "BUILDING REGULATIONS', OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION. TEXAS, BY
AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A
SEVERABII,ITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
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.
PART 2'
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
pwvisions or sections of this ordinance, which shall remain m full force and
effect.
PART 3:
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 (I0) days after its date
of passage by the City Council, as provided by Section 34 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 27eh day of J~,,uary ,2005.
ATTEST:
APPROVED:
APPROVED:
City Attorney
Otgroup~legal/ordmance~amer. d~entfonndo~.
ORDINANCE NO. 278t Page 2
EXHIBIT
That Chapter 3, "BUILDING REGULAT/ONS", Section 2, "PJrGHT-OF-WAY
MAINTENANCE", of the Code of Ordinances of the City of College Station, Texas, is hereby
amended, by replacing paragraph F as set out hereafler to read as follows:
"F, REGISTRATION AND CONSTRUCTION PERMITS
(1)
Registration. In order to profact the pubhc health, safety and welfare, all users of the
right-of-way will register with the City of College Station R~ght of way users who are
telecommunications prowders and pay annual blanket right-of-way fees pursuant to
Chapter 283 of the Texas Local Govemmant Code as amended or users who hold a
valldfranchlse wfth the City are exempt from the payment of registration fees under this
Ordinance Registration and permits will be issued in the name of the person who owns
the facilities Regmtretlon must be renewed every five (5} years For utilities wRh a
current franchise or hcanse, the fmnchiea or license wdl be ewdance of renewal If a
registration ~s not renewed, and subject to s~xty (60)-day notification to the owner, the
facilities of the user will be deemed to have been abandoned, When any reformation
provided for the regmtratian 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 ReglstratJon
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 nght.<)f-way on behalf of the user,
(d) The name(s) and falephone number of an emergency contact who shall be
avadabie twenty-four (24) hours a day,
(e) Proof of insurance and bonds
An applicant must provide acceptable proof of liability insurance ~n the
total amount of F~ve Mdl~on Dollars ($5,000,000 00), Two Million Dollars
($2,000,00000) primary plus Three MiIhon Dollars ($3,000,000.00)
umbrella ~f requested by the owner of the facilities, or other provisions as
acceptable to the d~mctor of financial sef~lcss or his/her dss~gnee The
City Manager or his I her designee may wmve or reduce the bending
requirements in a non-d~senmlnatory, competitively neutral manner,
taking into conslderebon beth that the person has fummhed the City with
documentation sufficient in the sole discretion of the Finance Director to
evidence adequate financial resources substantially greatar than the
bonding requirements, has a Standard & Poor's A bond rating or better
or a Moody's A bond rebng or better, and has demonstrated in prior
right-of-way construction achwty, prompt resolution of any claims and
substantial compliance with all required applicable building codes and
ordinances
2
The coverage must be on an 'occurrence" basis and must JnClude
coverage for personal injury, contractual llabJllty, premise liability,
medical damages, underground, explosion and collapse hazards
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1,20,05
ORDINANCE NO. 2781 Page 3
3
Each policy must include a cancellation provision in which the insurance
~mpan¥ is required to notify the C~ty in wnfieg not fewer than thirty (30)
ys berora canceling, failing to renew, or reducing policy limits
4
The applicant shall file the required original ce~ficate of insurance prior
to any commencement of work The ce~ficate 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
5
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
me constru~on from a surety company authorized to do business in the
State of Texas Jn the amount of the estimated amount of the cost to
restore the rfght-of-wsy for the work anhc~pated to be done in that year,
m the event ~e applicant leaves a ~ob site in the right-of-way unfimshed.
mcempleta or unsafe or other provisions as acceptable to the d~ractor of
financial services or his/her designee
6
The above requirements may be met by utilities with a current franchise
or hcense ff their current franchise or license adequately provides for
insurance or bonds or provides an indemnity in favor of the City
(2) Conetructlon pemflt~.
(a)
No person shall perform any consffu~on or ,nstellat~on of facilities in the right-of-
way w~thout first obtaining a construction permit, except as provided here~n The
permit will be in the name of the person who w~ll own the facilities to be
constructed The permit must be completed and s~gned by a representet~ve of
the owner of the facilities to be constructed
The phrase "censtruc'aon or installabon of fac~llbes" does not include the
~nstallatlon of facilities necessary to JmtJate serv~.e to a customer's
property, or repair or maintenance of exlsbng facilities unless such repair
or maintenance reqmres the breaking of pavement; the closure of a
nonresidential traffic lane, excavation or bonng
2
Emergency responses related to existing facilities may be undertaken
w~thout first obtaining a permit, however the City shall be notified in
wr~ng within two (2) business days of any construction related to an
emergency response, including e reasonably detailed description of the
work performed in the nght-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 ~s required
pursuant to the applicable prows~ons herein
(b)
The permit shall state to whom ~t is issued, location of work, location of facilities,
dates and times work is to take place and any other condltJons established by the
City
(c) The person requesting · permit wJII provide the City with documentation in the
format spac~ied by the C~y describing
The proposed, approximate location and route of all faclhfles to be
constructed or Installed and the applicant's plan for right-of-way
construction
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ORDINANCE NO. 2781 Page 4
(d)
2 Englneenng plans which will be on a scale of one inch (1') equals fifty
feet (50') unless otherwise approved by the City
3
Detail of the location of all right-of-way and utility easements that
applicant plans to use
4
Detail of all existing C~ty utilities in relationship to applicant's proposed
route
5
Detail of what fac~hties the applicant proposes to install, such as pipe
size, number of ~ntsrducts, valves, etc.
6 Detail of I~lens to remove and replace asphalt or concrete in streete
(include C~ty of College Station standard construction details)
7
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, atc Includ~ng depth located in public right-of-
way.
8
Handhole and/or manhole typical of types of manholes and/or handholes
applicant plans to use or access
9
Complete legend of drew;ngs submitted by applicant unless otherwise
approved by the C~
10
Four (4) sets of englneenng plans must be submitted w~th 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 w~ll be available at all times dunng construction Such ~nforrnation
shall be required poor to the commencement of any work
12
The construction and installation methods to be employed for the
protection of ex,sting structures, fixtures, and facilities within or adjacent
to the nght..of-way, and the dates and t~mes 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 F(l)(e)1 are met
,NI construction and inatallabon ~n the nght. of-way shall be in accordance with the
permit for the facllltms_and ,any approved plans and specifications made in
connection with it The ~ty anal/be provided ac, cese to the worka~te and to such
further information es may be reasonably required to ensure compliance with the
^ copy of the construcbon permit and approved engmeenng plans shall be
maintained at the construction site and made available for inspecbon by the City
at all times when construction or installation work is occumng
All construction or installation work authorized by permit must be completed in
the time specified in file construction permit If the work cannot be completed
w~thln the specified time benods, the permlttee may request an extension from
the City Extension requests are to be made at the same lecabon where permits
are issued The City will use ~ best efforts to approve or disapprove a request
for extension aa soon aa possible
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ORDINANCE NO. 2781 Page
(3)
(g) ^ copy of any permit or approval issued by federal or state aothoribes for work ~n
federal or state right-of-way located ~n the C~ty of College Stebon. ~f requested by
the C,ty.
(h) ^ request for a permJt must be submJtted at least ten (10) work,rig days before
the proposed commencement of work ,n the request, unless wa,veal by the C~ty
in writing
(0 Requests for permits will be approved or d,sappmved by the C,ty mth,n a five (5)
bus,ness days of rece~v,ng all the necoseary )nformabon TheC~y mil use best
efforts to approve or disapp, mve a requast for pa~n,t as soon as possible C,ty
w,ll prev~de reason to perm,ttee should permit be d,cappreved
The C~y or the applicant can request a pre-constru~on meebng w,th the
perm~ttee and the;r construc~on contractor
(k) Perm,t appl,cabons are required for construot~on of new. replacement fec,),t,es or
upgrading of the company's ex~stmg facd~t~es ~n the right-of-way or pubhc Utlh~/
easement rather aerial or underground
Registration and Construction Permit Fees
(al The Reg,strai~on Fee of $50 O0 w,II apply to those right-of-way users who do not
pay annual blanket right.of-way fees
(b) The Constru~on Perm,t Fee of $850 O0 wdl apply to those r;ght-of-way users
who do not pay annua~ blanket right-of-way fees.'
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