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HomeMy WebLinkAboutORD 81-37 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES BY REPEALING CERTAIN SECTIONS; PROVIDING PROCEDURES FOR THE PERMITTING OF EXCAVATIONS, CUTTINGS, OR TUNNELINGS OF CITY STREETS OR RIGHTS-OF-WAY; PROVIDING STANDARDS; PROVIDING FOR BARRICADE AND SIGN REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1 . THAT Chapter 23 of the Code of Ordinances of the City of Beaumont is hereby amended by repealing sections 23-15 through 23-20 inclusive and by adding a new Article III to read as follows : ARTICLE III Section 23-57• Definitions . For purposes of this Article, the following terms shall have the respective meanings ascribed to them: Barricade shall be used to designate barricades , signs, traffic cones, signals, flags , flares, and all other traffic control and warning devices and procedures. Blockage shall mean any obstruction of the street , sidewalk , or right-of-way. Bore hole is defined as a hole that is drilled under a street, highway , roadway , alley , or sidewalk . City shall mean the City of Beaumont. City Engineer is defined as the City Engineer of the City of Beaumont or his authorized representative. Contractor shall mean any person or group of persons entering into an agreement with the City of Beaumont. /4-1 / �� 7 Director or Director of Transportation shall mean the Director of Transportation of the City of Beaumont or his appointed representative. Emergency is defined as a situation in which life, health, or property is in danger or may be in danger. Failure of utility service is an emergency. Manual shall mean the "Manual on Uniform Barricading Standards. " Permit shall mean written approval. Person is defined as an individual, firm, partnership, corporation or governmental entity. Right-of-way is defined as all that property held by the City of Beaumont for street, highway , roadway , or sidewalk purposes, but shall not include easements and publicly held property commonly known as alleys located at the rear of lots and used for utilities and utility access. Shall, should & may. The word "shall" indicates a mandatory condition; the word "should" indicates an advisory condition to insure safe operation conditions; the word "may" indicates a permissive condition. Street shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city. Arterial, collector, and local streets shall be as designated on the City' s official street and highway - 2 - plan, as amended from time to time. A copy of this plan shall be on file in the office of the City Clerk. Street cut is defined to be any excavation, cutting or tunneling of, or placing any earth or excavation material upon any right-of-way. Section 23 - 58. Street Cuts--Permit Required. It shall be unlawful for any person, except the City of Beaumont, to make a street cut unless such person shall first obtain a street cut permit from the City Engineer, except in the following cases: (a) A street cut permit shall not be required for the installation of a utility pole which is installed without disturbing existing pavement or paved sidewalks. (b) A street cut permit shall not be required of contractors performing work for the City of Beaumont. (c) A street cut permit shall not be required of the State Department of Highways and Public Transportation if work is to be performed on a street under the jurisdiction and control of the State Department of Highways and Public Transportation. (d) A street cut permit shall not be required as a prerequisite to a street cut in an emergency. (e) A street cut permit shall not be required for construction of a driveway or sidewalk if permits under other applicable codes for such construction have been obtained. 3 - All other provisions of the code shall apply to each of the above exceptions. Section 23-59. Blockages--Barricades Required. Any person who undertakes to perform work or other activity , upon, in, under, or above any public right-of-way which requires that the right-of-way be partially or completely closed shall use barricades, signals, signs, flags, flares, and other traffic control warning devices and procedures during the duration of the activity in the manner required by the "Manual on Uniform Barricading Standards" adopted herein below. Any such person shall also be required to obtain a permit from the Director of Transportation unless specifically exempted by Section 23-61 . The permit must be acquired before activity is begun. Section 23-60. Manual on Uniform Barricading Standards. The "Manual on Uniform Barricading Standards" dated March 16 , 1981 is hereby incorporated into and made part of this section by reference and shall be on file in the office of the City Clerk. Section 23-61 . Blockages--Permit Required. A barricading permit shall be required of any person, except the City of Beaumont, who undertakes to perform work or other activity upon, in, under or above any public right-of-way which requires that the right-of-way be partially or completely closed, except in the following cases. (a) A barricading permit shall not be required for minor construction work performed by utility companies. Utility work - 4 - shall be considered minor if a collector or arterial street is not blocked between the hours of 7 :00 a.m. and 9:00 a.m. , and the hours of 4 :00 p.m. and 6 :00 p.m. , Monday through Friday, and if the blockage does not exceed two (2 ) hours during a twenty-four (24) hour period. Subject to the above limitations, usage of manholes shall be considered minor utility work. At any time, blockage of more than one traveled lane, or blockage of a single lane when that lane is the only lane of travel for a direction, on any arterial or collector street shall not be considered minor. (b) A barricading permit shall not be required for work when no portion of the street is to be blocked and pedestrian movement can be maintained without using the street. (c) A barricading permit shall not be required of contractors performing work for the City of Beaumont. (d) A barricading permit shall not be required of the State Department of Highways and Public Transportation if work is to be performed on a street under the jurisdiction and control of the State Department of Highways and Public Transportation. (e) A barricading permit shall not be required as a prerequisite to a street cut in an emergency. ( f) A barricading permit shall not be required for construction of a driveway or sidewalk if permits under other applicable codes for such construction have been obtained. All other provisions of the code and Manual shall apply in paragraphs " (a) " through " ( f) " above. - 5 - Section 23-62 . Street Cut/Barricading Permit Application. Application for a street cut and/or barricading permit shall be made in writing on a combined form provided by the City. The form shall be obtained from the City Engineer or Director of Transportation. The application form shall be completed and accompanied by plans showing the location of the proposed street cut and proposed barricades. In each instance in which a street cut permit is obtained for a utility company, the utility company shall be the applicant and shall be responsible for compliance with the terms of this ordinance. The City Engineer may require revisions to street cut plans submitted with an application if, in his opinion, such revisions are necessary to serve the best interest of the city. Street cuts shall be made in strict compliance with the approved plans and the City Engineer or his designee shall have the right of inspection at all times. The Director of Transportation may require revisions to barricading plans submitted with an application if, in his opinion, such revisions are necessary to serve the best interest of the city. Barricading shall be in strict compliance with the approved plans and the Director of Transportation or his designee shall have the right of inspection at all times. - 6 - Section 23-63 . Application Submission Prior to Action. Application for a street cut and/or barricading permit shall be made not less than two ( 2 ) business days prior to the proposed work or blockage. If an application is not approved, reasons for the disapproval shall be stated in writing. Failure to comply with provisions of a prior street cut or barricading permit shall be a satisfactory reason for disapproval of subsequent applications. Section 23-64 . Appeal. An applicant shall have the right to appeal to the City Council from any adverse decision or ruling of the City Engineer or the Director of Transportation. To perfect an appeal, the aggrieved party shall file the reason for appeal in writing with the City Clerk within ten ( 10 ) days after the adverse decision appealed from. The City Council shall hold a public hearing on such appeal after furnishing notice of such hearing to the applicant. Notice shall be sufficient if deposited in the United States mail in a sealed envelope with sufficient postage attached, addressed to the applicant at the address shown on the written appeal. The decision of the City Council shall be final. Section 23-65. Permit to be Available at Site. The street cut/barricading permit shall be kept at the location of the street cut/blockage at all times that work or a blockage is occurring. 7 - Section 23-66 . Emergency Situations. In the event of an emergency occurring between the hours of 8 :00 a.m. and 5 :00 p.m. , Monday through Friday, except City holidays, immediate notice shall be given the Director of Transportation and application for a street cut/barricading permit shall be made on the next business day following the emergency street cut. In the event of an emergency occurring between the hours of 5 :00 p.m. and 8 :00 a.m. or on weekends or City holidays, application shall be made on the next business day, and immediate notification shall be given to the Beaumont Police Department. In emergency situations, all basic barricading and street cut standards outlined in the Manual or this Ordinance shall apply. Section 23-67 . Times Streets Not to be Blocked. Except in an emergency, or unless approved in advance by the Director of Transportation, no street blockage shall occur on an arterial or collector street between the hours of 7 :00 a.m. and 9 :00 a.m. and the hours of 4 :00 p.m. and 6 :00 p.m. , Monday through Friday. All traffic lanes of arterial and collector streets and all sidewalks along such streets shall be opened and all street cuts shall be paved, covered by steel plates, or backfilled at the conclusion of each days work to the satisfaction of the City Engineer. Street cuts which would be impractical to close at the conclusion of each day' s work shall be left open only if prior approval has been obtained from the City Engineer and Director of Transportation. - 8 - Section 23-68. Additional Permit Requirements. At any time after the issuance of a permit, the City Engineer or Director of Transportation may impose additional permit requirements when deemed necessary in the interest of public safety, to avoid traffic congestion, or otherwise protect the best interests of the City. Section 23-69. Revocation of Permit. The Director of Transportation, City Engineer , or their authorized representatives may stop work related to a permit issued hereunder in an emergency situation or if any requirement of the permit is not met. The permit holder, or the person named as responsible for or in charge of work or action, shall be notified of violation of any requirement of the permit and be given a reasonable time to correct the deficiency. The length of time shall be determined by the City Engineer for deficiencies related to street cuts and by the Director of Transportation for deficiencies related to barricading. The maximum time to correct deficiencies shall be twenty-four ( 24) hours. After the designated time, the permit may be revoked. In the event a permit is revoked, it shall be unlawful to continue to work or block the roadway, except to restore the site to its proper condition. Restoration shall begin immediately. - 9 - Section 23-70 . Applicant Responsible for Materials, etc. The applicant shall be responsible for all work, activity, barricades, maintenance, restoration, and other actions required by the permit, the manual, the nature of the work, and all other applicable laws and standards. The City is not required to provide labor, materials, barricades, working conditions, or other actions necessary for performance of work or other actions. Section 23-71 . Street Cuts to be Marked. The permitee shall mark each street cut with an identifying colored marker, located to avoid areas of heavy traffic flow. The colors for the required marks are as follows: SAFETY RED Electrical Power, Distribution and Transmission Municipal Electrical Systems HIGH VISIBILITY SAFETY YELLOW Gas Distribution and Transmission Oil Distribution and Transmission Dangerous Materials, Product Lines, Steam Lines SAFETY ALERT ORANGE Telephone and Telegraph Systems Police and Fire Communications Cable Television SAFETY PRECAUTION BLUE Water Systems and Slurry Pipe Lines SAFETY GREEN Sewer Systems - 10 - Section 23-72 . Bond Required . An applicant for a street cut permit shall have in force with the City a surety bond in the principal amount of $10 ,000; provided that no bond shall be required of any utility company franchised by the City of Beaumont. The bond shall be executed by the permittee as principal and by a corporate surety satisfactory to the City Engineer and in a form satisfactory to the City Attorney. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this article. Recovery on such bond shall be cumulative. The bond shall provide that it may not be cancelled without thirty ( 30) days prior written notice to the City. The bond shall be good for a period of one ( 1) year from date of issuance of the permit. Section 23-73 . Concrete Cuts. Removal and replacement of existing concrete shall be made by the use of breakout grooves sawed by a concrete saw in accordance with details shown on the plans accompanying the application for a street cut permit and as directed by the City Engineer . Where street cuts are made within three feet of existing dummy joints, construction joints, or expansion joints, concrete shall be removed to the existing joint. Breakout grooves shall be cut perpendicular to the surface as directed by the City Engineer and shall be sawed to a depth not less than 1-1/2 inches. - 11 - Section 23-74 . City Repair of Noncomplying Street Cuts. A street cut permit shall be issued for a period of time adequate to complete the proposed street cut. If a street cut does not comply with the terms of this Article, the City Engineer shall notify the permittee in writing of the deficiency. If the street cut is not properly repaired within fifteen days of the written notice, the City may make necessary repairs and charge the permittee therefore at a rate sufficient to cover all direct costs incurred plus twenty-five ( 25a) of that cost to compensate for unquantifiable administrative expenses and other overhead. In situations in which the permittee can not be reached and notified by telephone, in person, or in writing or does not respond after such notification and the deficiency is an emergency , the city may make necessary repairs and charge the permittee for all direct costs incurred plus twenty-five ( 25%) percent. Section 23-75. Material to Match. Permanent patches and repairs shall be made of a material that corresponds with the material in the existing street. An asphalt patch shall not be permitted in a concrete street, nor shall a concrete patch be permitted in an asphalt street. Section 23-76 . Bore Holes, etc. Bore holes shall be made in a manner that will not interfere with the operation of the street or other facilities and shall not weaken or damage any embankment or structure. The use of water or other fluids in connection with a boring operation shall be - 12 - permitted only as necessary to lubricate cuttings. Jetting shall not be permitted. The street above a completed bore hole shall have no identations, pockets or recesses that may trap and hold water, nor shall there be bumps or high places resulting from the drilling of a bore hole. Section 23-77 . Curbs and Gutters. Curbs and gutters to be replaced shall be removed to the next expansion joint on both sides of the street cut or, with the approval of the City Engineer, the curb and gutter may be sawed with a concrete saw to produce a smooth joint. Curbs and gutters shall be replaced within forty-eight (48) hours of removal unless an extension is first granted by the City Engineer. Section 23-78. Back-Filling. Back-filling material not under a street roadway or sidewalk shall be free from lumps, large rocks, or other foreign material and debris and shall be compacted to the density of the original undisturbed material . Excavation, alteration, back-fill, and repairs under a street, roadway, or sidewalk shall be made in conformity with the standard drawing and material requirements on file in the City Engineer's office; provided that, in exceptional circumstances, when in the judgment of the City Engineer, modifications will be necessary to insure and protect the best interest of the City. The City may require density tests of back-fill material by a testing laboratory. If the material tested fails to meet compaction requirements, the expense of the testing shall be borne - 13 - by the permittee and it shall take immediate action to correct all deficiencies; or, if the questionable area, after testing, is shown to meet compaction requirements, the cost of the test shall be borne by the City. Section 23-79. Excavation Restriction. When, in the judgment of the City Engineer, excavating within a street should not be allowed, the street cut shall be bored, tunneled or drilled under the paved section, and where the City Engineer deems it necessary, such crossings shall be encased in a manner approved by the City Engineer . Section. 23-80 . Cleated Equipment Restrictions. Cleated equipment shall not be used in street cuts without use of "street pads" to prevent damage to the street, roadway or alley. Section 23-81 . Certificate of Insurance Required. An applicant, other than the City or a utility company having a franchise agreement with the City, shall, prior to the issuance of a street cut permit furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the performance of the street cut and for the period of the street cut permit, public liability insurance of not less than $300,000 for any one accident and property damage insurance of not less than $50,000. Section 23-82. City Not Liable. This ordinance shall not be construed as imposing upon the City, or any official or employee thereof, any liability or - 14 - responsibility for damages to any person; nor shall the City or any official or employee thereof be deemed to have assumed any liability or responsibility by reason of inspections, the issuance of permits, or approval of any excavation work. SECTION 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, shall for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. SECTION 3 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. SECTION 4 . Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19 day of 1981 . Mayor - 15 -