HomeMy WebLinkAboutORD 17-054ORDINANCE NO. 17-054
ENTITLED AN ORDINANCE ADOPTING A NEW CHAPTER 14,
ARTICLE 14.03, DIVISION 4, RIGHT-OF-WAY MANAGEMENT
REGULATIONS, TO CONFORM TO NEW STATE LEGISLATION FOR
SMALL CELL TECHNOLOGY AND OTHER MINOR CHANGES, AND
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE, A PUBLICATION CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the Texas State Legislature has elected S.B. No. 1004 relating to
the deployment of network nodes in public right-of-way and has amended Subtitle A,
Title 9, Local Government Code by adding Chapter 284, to take effect on September 1,
2017; and
WHEREAS, the state has delegated to each municipality the fiduciary duty, as a
trustee, to manage the public right-of-way for the health, safety, and welfare of the
public, subject to state law; and
WHEREAS, municipalities retain the authority to manage the public right-of-way
to ensure the health, safety, and welfare of the public; and
WHEREAS, it is the policy of the state that municipalities receive from network
providers fair and reasonable compensation for the use of public right-of-way and for
collocation on poles; and
WHEREAS, the City of Beaumont reasonably anticipates that the actual and
direct cost of processing permit applications for network providers will exceed $500 per
application covering up to five network nodes, $250 for each additional network node
per application, and $1000 per application for each pole, however, city staff will review
costs as the process is undertaken and will determine the actual and direct costs based
upon actual experience and revise application fees if required; and
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WHEREAS, upon full review and consideration of all matters related and
attendant thereto, the City Council is of the opinion that Article 14.03, Division 4, Right-.
of -Way Management Regulations, should be adopted as provided herein.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT:
Section 1.
Article 14.03, Division 4, Right -of -Way Management Regulations, of Chapter 14,
.Streets and Sidewalks, of the City of Beaumont Code of Ordinances, is adopted to read
as follows:
"DIVISION 4. RIGHT-OF-WAY MANAGEMENT REGULATIONS.
Sec. 14.03.190 Title.
This article shall be known and cited as the Right -of -Way Management Ordinance
for the City of Beaumont, Texas.
Sec. 14.03.191 Construction; governing law; venue.
This article shall be construed under and in accordance with the laws of the State of
Texas and the City Charter and City Code to the extent that such Charter and City Code
are not in conflict with or in violation of the Constitution and laws of the United States or
the State of Texas. All obligations of the parties hereunder are performable in Jefferson
County, Texas.
Sec. 14.03.192 Scope.
This article shall be. effective within the geographical limits of the city, including any
areas subsequently annexed by the city.
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Sec. 14.03.193.' Purpose; objectives; applicability.
(a) Purpose. This article provides principles and procedures for the placement of
structures and facilities, construction, excavation, encroachments, and work
activities within or upon any public right-of-way and to protect the integrity of the
road and city utility system. To achieve these purposes, it is necessary to
require permits of private users of the public rights-of-way, except as prohibited
by law, and to establish permit procedures, rules, and regulations for work done
within or upon the public rights-of-way.
(b) Objectives. Public and private uses of public rights-of-way for location of
facilities employed in the provision of public services should, . in the interests of
the general welfare, be accommodated; however, the City of Beaumont must
insure that the primary purpose of the rights-of-way, safe passage of pedestrian
and vehicular traffic, is maintained to the greatest extent possible. In addition,
the value of other public and private installations, roadways, the city utility
system, facilities and properties should be protected,. competing uses must be
reconciled, and the public safety preserved. The use of the public rights-of-way
by persons, agencies, network providers, and public infrastructure contractors
is secondary to these public objectives and the- movement of traffic. This article
is intended to strike a balance between the public need for efficient, safe
transportation routes and the use of public rights-of-way for location of facilities
by public and private entities. The article thus has several objectives:
(1) To insure that the public safety is maintained and that public inconvenience is
.minimized.
(2). To protect the city's infrastructure investment by establishing repair standards
for the pavement, facilities, and property in the public rights-of-way when work
is accomplished.
(3) To facilitate work within the public rights-of-way through the standardization of
regulations.
(4) To maintain an efficient permit process.
(5) To conserve and fairly apportion the limited physical capacity of the public
rights-of-way held in public trust by the city.
(6) To establish a public policy for enabling the city to discharge its public trust
consistent with the rapidly evolving federal and state regulatory. policies,
industry competition, and technological development.
(7) To promote cooperation among the agencies, network providers, and public
infrastructure contractors (as defined herein) and the city in the occupation of
the public rights=of-way, and work therein, in order to (i) eliminate. duplication
that is wasteful, unnecessary or unsightly, (ii) lower the agencies', network
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provider's, public infrastructure contractors' and the city's costs of providing
services to the public, and (iii) preserve the physical integrity of the streets and
highways by minimizing street cuts.
(8) To assure that the city can continue to fairly and responsibly protect the public
health, safety, and welfare.
(c) Applicability.
(1) The requirements of this article apply to all persons, agencies, network
providers, and public infrastructure contractors that place structures and
facilities or that conduct construction, excavation, encroachments, and work
activities within or upon any public rights-of-way except:
a. Persons, agencies, or public infrastructure contractors providing service
drops for single-family and two-family residence -zoned properties on private
property. All permits for these properties will be issued through the city's
building inspection department.
b. New residential service connections which are permitted through the
building inspection .department of the City of Beaumont as provided in
section 14.03.201(a)(5) below.
(2) Any permit issued prior to August 28, 2017 will remain subject to the terms and
conditions of city ordinances and requirements in effect at the time of issuance
of the permit and is not affected by this article, except that, upon expiration or
conclusion of the permit, a new or renewal permit must be obtained in
accordance with this article.
Sec. 14.03.194 Definitions.
Agency means any person (including franchised or licensed person) or certificated
telecommunications provider operating in the right-of-way under a franchise agreement.
"Agency" includes all contractors and sub -contractors hired or retained to do
construction for an Agency. '
Backfill means the restoration of excavated material.
Camouflage means a design mounting structure that conceals the presence of
antennas, network nodes or support structures, examples include but are not limited to
a clock tower, bell tower, steeple, manmade tree appropriate to the area, or light pole. .
Certificated telecommunications provider (CTP) means a person who has been
issuedd-a certificate of convenience and necessity, certificate of operating authority, or
service provider certificate of operating authority by the Public Utility Commission to
offer local exchange telephone service. A CTP does not include a network provider, as
defined herein.
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City means the City of Beaumont, Texas. As used throughout, the term city also
includes the designated agent of the city.
City engineer means the city engineer of the City of Beaumont.
City manager means the city manager of the City of Beaumont.
Closure means a complete or partial closing of one or more lanes of traffic of a
major thoroughfare and the complete closure of any other type street.
Compaction means ninety-five (95) percent of maximum density with a moisture
content of -2 percent to +4 percent of optimum under. paved surfaces and ninety (90)
percent of maximum density with a moisture content of -2 percent to +4 percent of
optimum outside of paved surfaces.
Construction means excavation, installation of facilities, boring or jacking of utilities,
restoration of pavement cuts, or other work by an agency or public infrastructure
contractor in a public right-of-way.
Consumer price index means the annual revised Consumer Price Index for All
Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics or
other publication as authorized by state law.
Design Manual means the City of Beaumont Design Manual for Agency, Network
Providers and Infrastructure Contractors.
Duct or conduit means a single enclosed raceway for cables, fiber optics, or other
wires. "Duct" or "conduit" shall not include the maintenance duct associated with a
conduit that is reserved for use in replacing damaged cable or for rerouting purposes.
Emergency means any event that may threaten public health or safety, including,
but not limited to, damaged or leaking water or gas conduit systems, damaged,
plugged, or leaking sewer or storm drain conduit systems, damaged facilities, downed
aerial facilities, or service outages whether to one customer or an area of the city.
Erosion control means compliance with the City of Beaumont Erosion and Sediment
Control Manual, as amended.
Excavate or excavation means to dig into or in any way remove or penetrate any
part of a public right-of-way.
Facilities means the plant, equipment, and property, including, but not limited to,
lines, transport service, poles, mains, pipes, conduits, ducts, cables and wires located
under, on or above the surface of the ground within the public right-of-way and valves,
and related facilities and equipment used or useful for the provision of utility services,
wireless or network services, or communications services to the public..
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Local exchange telephone service -means telecommunications service provided
within an exchange to establish connections between customer premises within the
exchange, including connections between a customer premises and a long distance
provider serving the exchange. The term includes tone dialing service, service
connection charges, and directory assistance services offered in connection with basic
local telecommunications service and interconnection with other service providers. The
terms does not include the following services, whether offered on an intra -exchange or
inter -exchange basis;
(1) Central office based PBX -type services for system of seventy-five (75) stations
or more;
(2) Billing and collection services;
(3) High-speed private line services of 1.544 megabits or greater;
(4) Customized services;
(5) Private line or virtual private line services;
(6) Resold or shared local exchange telephone services if permitted by tariff;
(7) Dark fiber services;
(8) Non -voice data transmission service offered as a separate service and not as a
component of basic local telecommunications service;.
(9)' Dedicated or virtually dedicated access services; or
(10)Any. other service the Public Utility Commission determines is not a "local
exchange telephone service."
Major thoroughfare means any roadway, Secondary Arterial or greater as shown on
the City of Beaumont's Major Street and Highway Plan, as amended.
Network node means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term:
(A) includes (i) equipment associated with wireless communications; '(ii) a radio
transceiver, an antenna, a battery -only backup power supply, and comparable
equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable
that is immediately adjacent to and directly associated with a particular collation; and (B)
does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower.
Network provider means (A) a wireless service provider; or (B) a person that does
not provide wireless services and that is not an electric utility but builds or installs on
behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any
*"-r structure that supports or is capable of supporting a network node.
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Node support pole means a pole installed by a network provider for the primary
purpose of supporting a network node.
Pavement cut means a cut made into the paved surface of a public street, alley,
curb, sidewalk, or public easement.
Pole. means a service pole, municipally owned utility pole, node support pole, or
utility pole.
Person means a natural person (an individual), corporation, company, association,
partnership, firm, limited liability -company, joint venture, joint stock company or
association, and other such entity who owns or controls facilities.
Public infrastructure contractor means a person hired or retained to do construction
of facilities that will be maintained by the city. "Public infrastructure contractor" includes
all sub -contractors.
Public right(s)-of-way means the area on, below, or above a public roadway,
highway, street, public sidewalk, alley, waterway, or utility easement in which the
municipality has an interest. The term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with . regard to wireless
telecommunications
Residential service connections means,a connection to private property from the
right-of-way for individual residential service.
. Service pole means a pole, other than a municipally -owned- utility pole, owned or
operated by the city and located in a public right-of-way, including: (A) a pole that
supports traffic control functions; (B) a structure for signage; (C) a pole that supports
lighting, other than a decorative pole; and (D) a pole. or similar structure owned or
operated by the city and supporting only network nodes.
Small cell shall be included as a type of "Network Node."
Stealth shall mean a method that hides or conceals an antenna, supporting.
electrical or mechanical equipment or any other support structure, including network
nodes.
Thoroughfare means any public traffic artery, major street, secondary street or alley.
Utility pole means a pole that provides: (A) electric distribution with a voltage rating
of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as
defined by Section 51.002, Utilities Code.
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Wireless . service means any service, using licensed or unlicensed wireless
spectrum, including the use of Wi-Fi, whether at fixed location or mobile, provided to the
public using a network node.
Wireless service provider means. a person that provides wireless service to the
public.
Sec. 14.03.195 Police powers.
An - agency's, network provider's, or public infrastructure. contractor's rights
hereunder are subject to the police power of the City of Beaumont which include the
power to adopt and enforce ordinances, including amendments to this article, necessary
for the safety, health, and welfare of the public. Agencies, network providers, and public
infrastructure contractors shall comply with all applicable laws and ordinances enacted,
or hereafter enacted, by the City of Beaumont or any other legally constituted
governmental unit having lawful jurisdiction over the subject matter hereof. The City of
Beaumont reserves the right to exercise its police powers, notwithstanding anything in
this article or a permit to the contrary. Any conflict between the provisions of this article
or a permit and any other present or future lawful. exercise of the city's police powers
shall be resolved in favor of the latter.
Sec. 14.03.196 City engineer's authority; enforcement; violations.
(a) City engineer's authority.
(1) The city engineer is authorized to administer, interpret, and enforce the
provisions of this article and to promulgate regulations, including but not limited
to, engineering, technical, and other special criteria and standards, including
design standards, to aid in the administration and enforcement of this article .that
are not in conflict with this article, the Code of Ordinances of the City, or state or
federal law.
(2) Enforcement. The city engineer is authorized to enter upon a construction
site for which a permit is granted under this article or, where necessary, upon
private property adjacent to the construction site for purposes of inspection to
determine compliance with the permit or this ordinance without notice. If the
inspection requires physical contact with the equipment, the city engineer must
provide written notice to the agency, network provider, or infrastructure contractor
within five business days of the planned inspection. Agency, network provider or
infrastructure contractor may have a representative present during such
inspection.
(3) Design Manual. The city engineer is authorized to amend the Design Manual
for Agency, Network Providers and Infrastructure. Contractors .
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(b) Violations. A person, agency, or public infrastructure. contractor commits an offense
if he:
(1) Performs, authorizes, directs, or supervises construction without a valid
permit issued under this article;
(2) Violates any provision of this article.
(3) Fails to comply with restrictions or requirements of a permit issued
pursuant to this article; or
(4) Fails to comply with an order or regulation of the city engineer issued -
pursuant to this article.
(c) This article may be enforced by civil court action in accordance with state or federal
law, in addition to any other remedies, civil or criminal, the city has for violation of
this article.
(d) Prior to initiation of civil, enforcement litigation, a person., agency, network provider,
or public. infrastructure contractor who has violated a provision of this article must be
given the opportunity to correct the violation within the timeframe specified by the
city engineer. This section does not prohibit the city engineer or the city from taking
enforcement action as to past or present violations of this article, notwithstanding
their correction.
Sec. 14.03.197 Penalties.
(a) Any violation of the following provisions or terms of this ordinance by any person,
firm, corporation, agency, network provider, or public infrastructure contractor:
section 14.03.206(f), excavation safety, section 14.03.207, no directional boring
zones, and section 14.03..209(c), deposit of dirt and material on roadways, of this
article shall be a misdemeanor offense and shall be subject to a fine in accordance
with Section 1.01.009 of the City Code of Ordinances for each offense.- Every day a
violation continues shall constitute a separate offense.
(b) Any violation of the other provisions"or terms of this ordinance by any person, firm,,
corporation, agency, network provider, or public infrastructure contractor shall be a
misdemeanor offense and shall be subject to a fine in accordance with Section
1.01.009 of the City Code of Ordinances for each offense. Every day a violation
continues shall constitute a separate offense.
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Sec. 14.03.198 Registration and Annual Rates.
(a) In order to protect the public health, safety and welfare, all agencies, network
providers, and public infrastructure contractors placing facilities or engaging in
construction, excavation, encroachments, and work activities within or upon any
public right-of-way must register with the City of Beaumont. Registration must be
renewed annually on or before January 31. Annual renewal is required to allow the
City to contact the current owners of facilities when emergencies arise and to
coordinate infrastructure in the right-of-way. The registration form to be used may
be obtained from the engineering department. If a registration isnot renewed, and
subject to sixty (60) days notification to the agency, all facilities owned by agency
within the city will be deemed to have been abandoned and shall become the
property of the city. When any information provided for the -registration changes, the
agency or public infrastructure contractor shall notify the City of Beaumont of the
change no more than thirty (30) days after the date the change. is made.
Registration shall include:
(1) The name, address, and telephone number(s) of the owner of the facilities to be.
located in the public rights-of-way, including the business name, assumed
name, or trade name under which the agency operates or under which it has
operated within the past five (5) years. In the case of a public infrastructure
contractor, the name, address, and telephone number(s) of the public
infrastructure contractor and the name, address, and telephone number(s) of
the developer for whom the public infrastructure contractor is working.
(2) The name(s), address(es) and telephone number(s) of the person(s) who will
be contact person(s) for the owner.
(3) The name(s), address(es) and telephone number(s) of any contractor(s) or
subcontractor(s) who will be working inthe public rights-of-way on behalf of the
owner.(4) The name and telephone number(s) of an emergency contact for
the owner who shall be available twenty-four (24) hours a day.
(4) The name(s), address(es) and telephone number(s) of the person(s) who will
be attending the utility coordination meetings for the owner.
(5) The name(s), address(es) and telephone number(s) of the person(s) who will
be receiving plans of city construction projects on behalf of the owner.
(6) The name, address, and telephone number(s) of the person who will be
responsible for receiving notification of abandonment issues on behalf of the
owner.
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(7) Proof of insurance as required by section 19-69 below.
(8) For agencies that are certificated telecommunications providers, a copy of the
notice of approval issued by the Public Utility Commission of Texas that grants
the certificated telecommunications provider a service provider certificate of
operating authority (SPCOA) or certificate of convenience and necessity (CCN).
(9) The ordinance number of any franchise or license, if any, issued by the City of
Beaumont that authorizes the owner to use the public rights-of-way.
(b) Registration shall be a prerequisite to issuance of a permit. Each agency, network
provider, and public infrastructure contractor shall update and keep current its
registration with the city at all times.
(c) A public right-of-way rate for use of the. public right-of-way is assessed to all owners
of network nodes in an annual amount equal to $250 multiplied by the number of
network nodes installed in the public right-of-way within the city's boundaries. The
rate shall be adjusted. annually by an amount equal to one-half of the annual change
in the consumer. price index, and such rate shall take effect on or after sixty days
following notice to all registered owners of network node facilities of the new rate.
(d) A network provider must pay a monthly public right-of-way rate for transport facilities
in an amount equal to $28 multiplied by the number of the network provider's
network nodes located in the public right-of-way for which ,the installed transport
facilities provide backhaul unless or until the time the network provider's payment of
municipal fees to the municipality exceeds its monthly aggregate per -node
compensation.
(e) A network provider may file a consolidated permit application for not more than
thirty network nodes.
Sec. 14.03.199 Plans of record.
(a) Any agency or network provider with facilities in the public rights-of-way shall submit
plans of record in accordance with the following requirements:
(1) A City Street Map marked in such a manner as to evidence which arterial and
above thoroughfares along which the agency or network provider has placed
facilities (not including boxes and other appurtenances) shall serve as the plans
of record for the agency. The address or GPS coordinates must be included for
any pole or equipment collocated on a pole. The City Street Map will be made
available in a digital format upon request to the city engineer.
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(2) On or before January 31 of each calendar year following the initial submittal of
its plans of record, an agency or network provider shall provide to the city
engineer plans of record that show all installations of new facilities, and all
changes, additions, abandonments, and relocations relating to existing facilities
completed in the previous calendar year, including the address or GPS
coordinates for such facilities.
(b) Plans of record shall not include information that is a trade secret or other
confidential information protected from disclosure by state law. Information marked
"proprietary" or "confidential' will not be accepted by the city. Location information is
not a trade secret or proprietary/confidential information_ , and this subsection may
not be construed to authorize an agency or network provider to fail to provide
location information.
Sec. 14.03.200 Right -of -Way Permit required.
(a) Permit Required. Any agency, network provider, or public infrastructure contractor
seeking to place facilities on, in or over a public right-of-way or to engage in
construction, excavation, encroachments, and work activities within or upon any
public right-of-way shall first file an application for a right-of-way permit with the city
and shall abide by the terms and provisions of the right-of-way permit and this
article pertaining to the use of the public rights-of-way.
(b) Exceptions.
(1) City maintenance activities are excepted from the permitting requirements
outlined herein.
(2) No application, permit or fee is required of network providers for : 1) routine
maintenance that does not require excavation or closing of sidewalks or vehicular
lanes in a public right-of-way;' 2) replacing or upgrading 'facilities that are
substantially similar in size or smaller and that do not require excavation or closing
of sidewalks or vehicular lanes in'a public right-of-way; or 3) the installation,
placement, maintenance, operation, or replacement of micro network nodes or
similar structures that are strung on cables between existing poles or node support
poles, in compliance with the National Electric Safety Code.
Substantially similar shall mean: (1) (A) the new or upgraded facility, including the
antenna or other equipment element, will not be more than 10 percent larger than
the existing facility, provided that the increase may not result in the facility
exceeding the size limitations provided by Local Government Code Section
284.003; and (B) the new or upgraded pole will not be more than 10 percent higher
than the existing pole, proved that the increase may not result. in the pole exceeding
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the applicable height limitations prescribed by Local Government Code Section
284.103; (2) the replacement or upgrade does not include replacement of an
existing pole; and (3) the replacement or upgrade does not defeat exiting
concealment elements of a pole. The determination of whether a replacement or
upgrade is substantially similar is made by measuring from the dimensions of the
facilities as approved by the municipality.
Although no application, permit or fee is required, the City requires advance notice
of the work described above and approval of the pole's owner as provided in this
Ordinance. , Work under this section must still meet all . size requirements in this
Ordinance and Design Manual criteria.
(c) Permits Generally.
(1) Permits will be issued in the name of the agency or network provider that will
own the facilities. Permits for public infrastructure will be issued in the name of the
public infrastructure contractor.
(2) Any agency or public infrastructure contractor with a current, .unexpired consent,
franchise, agreement or other authorization from the city (grant) to use the public
rights-of-way that is in effect at the -time this article takes effect shall continue to
operate under and comply with that grant, unless prohibited by law, until the grant
expires or until it is terminated by mutual agreement of the city and the agency or
public infrastructure contractor or as otherwise provided for bylaw.
(3) Construction, excavation, or work area. No agency, network provider, or public
infrastructure contractor shall perform construction, excavation, or work in an area
larger or at a location different, or for a longer period of time than that specified in
the permit or permit application. If, after construction, excavation, or work is
commenced under an approved permit, it becomes necessary to perform
construction, excavation, or work in a larger or different area than originally
requested under the application or for a ' longer period of time, the agency or public
infrastructure contractor shall notify the city engineer immediately and, within
twenty-four. (24) hours, shall file a supplementary, application for the additional
construction, excavation, or work.
(4) Permit transferability or assignability. The agency, network provider, or public
infrastructure contractor may subcontract the work to be performed under a permit
provided that the agency, network provider, or public infrastructure contractor shall
be and remain responsible for the performance of the work under the permit and all
insurance and financial security as required. Permits are transferable and
assignable upon written notice to the city engineer that the transferee or assignee
has posted all required security pursuant to this article. Any transferee or assignee
shall,be bound by all requirements of the permit and this article.
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(5) In the city, the physical construction of public infrastructure, excluding agency
infrastructure and facilities installed by network providers, in new developments is
the responsibility of the developer of the land. Ownership of that infrastructure
remains with the developer of the land until accepted by the city. Any agency or
public infrastructure contractor performing work on infrastructure which is within a
public right -of -way, -but prior to infrastructure acceptance by the city, shall obtain a
permit from the city and permission from the owner of all of the infrastructure in the
public right-of-way. The agency or public infrastructure contractor shall be financially
responsible to the owner of the infrastructure to carry out all remedial work
necessary to receive acceptance by the city of that infrastructure. This financial
obligation shall apply only to the work in the public right-of-way done by the agency
or public infrastructure contractor. The city will not accept for dedication public
infrastructure where work performed is not in accordance with applicable city
specifications.
(6) Any agency, network provider, or public infrastructure contractor found to be
conducting any excavation activity within the public right-of-way without, having first
obtained the required permit(s) shall immediately cease all activity (exclusive of
actions required to stabilize the area) and be required to obtain a permit before work
may be restarted.
(7)- The city may institute all appropriate legal action to prohibit any agency,
network provider, or public infrastructure contractor from knowingly using .the public
rights-of-way unless the agency or public infrastructure contractor has complied with
the terms of this article.
Sec. 14.03.201 Right -of -Way Permit application; permit contents.
(a) General to all Right -of -Way Permits.
(1) No person, agency, network provider, or public infrastructure contractor shall
install any facilities or other encroachment or make a pavement cut or
excavate in a public right-of-way without first obtaining a permit from the
engineering department, except in an emergency.
(2) If the project lies within a Highway Right -of -Way, the applicant must provide
evidence of a permit from the State or Federal Government at the time of
application.
(3) Franchised agencies and agencies that are certificated telecommunications
providers have prior authorization to do work in public rights-of-way. However,
an agency's use of the public rights-of-way is subject to and must occur in
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accordance'with State of Texas laws and city ordinances, policies, standards
and procedures. Said use is non-exclusive and does not establish priority for
use over other franchise holders, permit holders, or the city. A permit issued by
the City of Beaumont is required for all work done in the public rights-of-way,
except as indicated in Section 14.03.200(b).
(4) Each application for a permit shall be submitted using the required form, which
may be obtained from the engineering department or building inspections
department. The applicant must determine what type of permit is sought and
complete the correct application. The city is not responsible for determining
that the correct application was completed by the applicant and approval of a
permit does not imply that the city has concluded that the applicant. completed
the proper application. The application shall disclose if the applicant proposes
that the facilities will be located in: a historic district;' within 300 feet of a
historic site or structure or Historic Landmark recognized by the City, state or
federal government; within a municipal park; within a residential district; or in
an area that has undergrounding requirements. The agency, network
provider, or public infrastructure contractor requesting a permit shall provide
the city with documentation in the format specified by the building inspections
or engineering department. The application is.not complete unless it contains
all information required on the application form and any supplemental
materials provided by -the engineering or building inspections departments.
The applicant shall provide detailed drawings, with calculations to show strict
conformity to the size limitations in this ordinance. The applicant shall provide
analysis indicating that the proposed facilities will not cause any interference
with City public safety radio system, traffic signal light system, or other city
safety communications components.
(5) New residential service connections do not require a permit under this article.
However, a building permit may be required from. the building inspections
department. An agency or public infrastructure contractor must inquire with the
Planning and Community Development Department as to whether a permit is
required for such service connections.
(a) Maintenance or replacement of existing service connections that requires
excavation will require a permit under this article..
(6) The city shall state on the permit the activity for which the permit is issued and
any additional 'restrictions or requirements that have been placed upon the
permit besides . those incorporated into the permit by this Ordinance, the
Zoning Ordinance, the Design Manual for Installation of Network Nodes and
Node Support Poles, or other law or regulation, as applicable.
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(7) All construction and installation in the public rights-of-way shall be in
accordance with the permit issued for the facilities. The city engineer shall be
provided, access to the work and to such further information as he or she may
reasonably require to ensure compliance with the permit.
(8) A copy of the right-of-way construction permit and approved engineering plans
shall be maintained at the construction site and made available for inspection
by the city engineer at all times when construction or installation work is
occurring.
(9) The agency, network provider, or public infrastructure contractor shall update
any new information on permit applications within ten (10) days ,after any
change occurs.
(10) Agencies, network providers, or public infrastructure contractors may apply
jointly for permits to work in public rights-of-way at the same time and place.
(11) All permit holders must contact the City Engineering Department by telephone
at least 48 hours before work begins under the permit.
(b) Types of permits:
(1) Standard Right -of -Way Permits.
a. A standard right-of-way permit is required whenever a cut or excavation is
made in a public right-of-way by an agency or infrastructure contractor.
b. Application for a standard right-of-way permit shall be made no less than
two (2) City of Beaumont working days prior to the date of the proposed
activity. If the proposed cut or excavation is to be made in the public rights-
of-way dedicated to the State of Texas, a city permit is required in addition
to any and all permits required by the state or other agencies. A city permit
is required although specific authority has been granted by the engineering
department to cut a paved street, curb or alley as a part of a new
construction project.
c. There is no fee for a standard right-of-way permit.
(2) Permits issued under emergency conditions. Any agency, network provider, or
public infrastructure contractor maintaining facilities in the public rights-of-way
may proceed with repairs upon existing facilities without a permit when
emergency circumstances demand that the work be done immediately. The
agency, network provider, or public infrastructure contractor doing the work
Page 16 of 46
shall notify the engineering department no later than the next business day by
telephone, fax, or e-mail when an emergency permit is required. A permit
application for the proper permit under this section must be submitted no later
than the next business day after the work is commenced.
(3) Standard Right -of -Way Maintenance permits.
a. A maintenance permit is required whenever work is being done by an
agency or infrastructure contractor in or on a major thoroughfare and no cut
or excavation is required.
b. Application for a maintenance permit must be submitted no later than the
business day prior to the date of the proposed maintenance work.
Applications may be submitted in person or via fax or e-mail to the
engineering department.
c. The requirements outlined for permits issued under emergency conditions
in subsection (2) of this section apply to maintenance permits, as do the
remaining requirements of this article.
(4) Small Cell Right -of -Way Permits.
a. A small cell right-of-way permit is required for network providers. The permit
may be for transportation facilities, network nodes, or network node support
poles.
b. Fees are $500 per application covering up to five network nodes, $250 for
each additional network node per application,` and $1,000 per application for
each pole.
c. Network providers may obtain transportation. service from a person or entity
occupying the public right-of-way with their written permission for the specific
address.
d. A small cell maintenance permit is required unless the exception in Section
14.03.200(b)(2) applies.
e. Not later than the 30th day after the date of receipt of an application for a
permit for a network node or node support pole, or the 10th day after the
date of receipt of an application for a permit for a transportation facility, the
city shall determine whether the application is complete and notify the
applicant of that determination. If the municipality determines that the
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application is incomplete, the city shall specifically identify the missing.
information in the notification to the applicant.
f. Not later than the 1501h day after the date of receipt of a complete
application for a node support pole, the city must approve or deny the
application. Not later than the 60th day after the date of receipt of a
complete application for a network node, the city must approve or deny the
application. Not later than the 21St day after the date of receipt of a
complete application for a transport facility, the city must approve or deny
the application. If the city does not approve or deny within these deadlines,
an application for a permit for a node support pole, network node, or
transport facility shall be deemed approved.
g. If the city denies a complete application, it must document the basis for the
denial, including the specific applicable code provision or other municipal
rule, regulation, or other law on which the denial is based. The city shall
send the documentation of the reason for denial by electronic mail to the
applicant on or before the date the city denies the application.
h. Not later than the 30th day after the date the municipality denies the
application, the applicant may cure the deficiencies identified in the denial
documentation and resubmit the application without paying an.. additional
application fee, other than a fee for actual costs incurred by the city.
Notwithstanding Subsection (c), the city shall approve or deny the revised
completed application after a denial not later. than the 90th day after the date
the municipality receives the completed revised application. The cities
review of the -revised application is limited to the deficiencies cited in the
denial application.
(d) Denial, suspension, or revocation of a permit.
1. Denial of a permit A permit may be denied for an one 1 of the following
O p p Y Y {) 9
reasons:
a. The proposed activity will substantially interfere with vehicular or pedestrian
traffic and no procedures, or procedures which are inconsistent with this
article, have been' implemented to minimize the interference.
b. The proposed construction will substantially interfere with another activity
for which a permit has been issued, or will conflict or interfere with existing
facilities already in the public right-of-way.
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I
c. The proposed barricading, channelizing, signing, warning or other traffic
control procedures or equipment do not comply with the requirements of the
Texas Manual on Uniform Traffic Control Devices.
d. The activity or the manner in which it is to be performed will violate a city
ordinance or regulation or a state or federal statute or regulation.
e. The agency, network provider, or public infrastructure contractor:
\ 1. Does not have liability insurance as required by section 14.03.203;
2. Has consistently failed to perform in accordance with the requirements
of this article;
3. Has failed to furnish all of the information required by this article or,
except for good cause shown, to file the applications within the time
prescribed by this article;
4. Has misrepresented or falsified any information in the applications;
5. Has failed to comply with the performance warranty/guarantee as
provided in this article;
6. Has outstanding debts to the city; or
7. Is not in compliance with applicable requirements of an existing permit
issued under this article.
f. The agency, network provider, or public infrastructure contractor requests to
cut a city -maintained street that can be crossed by jacking, boring or
tunneling.
g. There is a lack of available space.
h. I Failure to comply with requirements of the design manual.
(2) Suspension or revocation of a permit. The city engineer may suspend by stop
work order or revoke any or all permits granted to allow work in the public
rights-of-way on the same grounds on which a permit may be denied under
subsection(d)(1) or for the following reasons and subject. to the procedural
guidelines noted in this ordinance and any agreement that applies to the
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agency, network provider, or public infrastructure contractor using the public
rights-of-way, as well as any limitations imposed by federal or state law:
a. Failing to comply with an order of the city engineer;
b. The recognition that a permit was issued in error;
c. Failing to comply with restrictions or requirements placed on the permit by
the city engineer;
d. The City Manager reasonably determines that the disconnection, removal, or
relocation of equipment (a) is necessary to protect the public health, safety,
welfare, or City property, (b) equipment, _ or portion thereof, is adversely
affecting proper operation of streetlights or city property, or (c) there is
imminent danger to the public.
e. Violating any provision of this article.
(3) Automatic revocation of a permit. If no work has begun on a network node
permit within six months of final approval of the permit, or within thirty days of
final approval for a standard right-of-way permit, the permit shall be void, and a
new permit shall be required.
(4) Extension of a permit. A sixty (60) day extension to a permit may be granted if
requested by the agency, network provider, or public infrastructure contractor in
.writing to the engineering department. Such a -request must be made before the
permit expires. If no call for the cancellation of a permit, or for an inspection
after completion of the work, is received within the sixty (60) day extension
period, the permit shall be void, and a new permit shall be required.
(5) The city engineer shall provide written notice of a denial, suspension or
revocation to the agency, network provider, or public infrastructure contractor.
Construction that is suspended may not resume until the city engineer
determines that the agency, network provider, or public infrastructure contractor
has corrected the violation, noncompliance, or hazard that caused the
suspension. A permit that has been denied or revoked may be issued or
reinstated by the city engineer if the city engineer determines that:.
a. The agency, network provider, or public infrastructure contractor has
corrected the violation, noncompliance, or hazard that caused the
revocation or denial, and
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b. The health or safety of the public is not jeopardized by reinstating or issuing
the permit.
(6) An agency or public infrastructure contractor may appeal a permit denial,
suspension, or revocation in accordance with the provisions of section 19-68 of
this article.
(7) Any variance from the requirements of this article must be approved in advance
by the city engineer. The city engineer may grant a variance only if an extreme
hardship exists and the public health, safety, welfare, and .convenience is not
adversely affected by granting the variance. The city engineer may not approve
any variance that would give a competitive advantage to one (1) agency over
another agency providing the same or similar service. The city engineer may
not grant a variance from the indemnity requirements of section 14.03.20.5.
Sec. 14.03.202 Appeals.
(a) Applicability. Appeals may be filed pursuant to this section related to interpretations
of this ordinance or decisions of the city engineer related to the final denial,
suspension, or revocation of ,a permit. However, the appeal process provided by this
section shall not be available for criminal violations of this article.
(b) Appeal to city manager. A permittee or applicant may appeal interpretations or
decisions referred to in subsection (a) above by filing a written appeal with the city
manager within seven (7) working days of . receipt of denial, suspension, or
revocation of the permit. An appeal filed pursuant to this section shall specifically
state the basis . for the aggrieved party's challenge to. the city engineer's
interpretation or decision under this article.
(c) Issuance of decision by city manager. Decisions of the city manager shall be issued
within ten (10) working days of receipt of the written appeal. Decisions of the city
manager shall be final.
Sec. 14.03.203 Insurance requirements.
(a) Agencies. Each agency, network provider or public infrastructure contractor
applying for a permit shall obtain, maintain, and provide proof of the each of the
following types of insurance and coverage limits. These insurance policies shall be
underwritten by insurance companies with an A.M.. Best Rating of A VI or better.
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(1) Commercial general liability on an occurrence form with minimum limits of five
million dollars ($5,000,000.00) per occurrence and ten million dollars
($10,000,000.00) aggregate. This coverage shall include the following:
a. Products/completed operations to be maintained for one (1) year.
b. Personal and advertising injury.
c. Owners and contractors protective liability.
d. Explosion, collapse,'or underground (XCU) hazards.
(2) Automobile liability coverage with a minimum policy limits of one million dollars
($1,000,000.00) combined single limit. This coverage shall include all owned,
hired and non -owned automobiles.
(3) Workers compensation and _ employers liability coverage. Statutory coverage
limits for Coverage A and five hundred thousand dollars ($500,000.00)
Coverage B employers liability is required.
(b) The method for proof of insurance is a certified copy of the insurance policy.
(c) The city reservesthe right to review the insurance requirements and to reasonably
adjust insurance coverage and limits when the city .manager determines that
changes in statutory law, court decisions, or the claims history of the industry, the
agency, network provider, or public infrastructure contractor require adjustment of
the coverage.
(d) The city will accept certificates of self-insurance issued by the State of Texas or
letters written by the agency in those instances where the state does not issue such
letters, which provide the same coverage as required herein. However, certificates
of self-insurance must be approved in advance by the risk manager for the city.
(e) The agency, network provider or public infrastructure contractor shall furnish, at no
cost to the city, copies of certificates of insurance evidencing the coverage required
by this section to the city. If the city requests a deletion, revision or modification, the
agency, network provider, or public infrastructure contractor shall exercise
reasonable efforts to pay for and accomplish the change.
(f) The agency, network provider, or public infrastructure contractor shall file and
maintain proof of insurance with the engineering department. An insurance
certificate obtained in compliance with this section is subject to city approval,
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through the city's risk manager. The city may require the certificate to be changed to
reflect changing liability limits. An agency, network provider, or public infrastructure
contractor shall immediately advise the city attorney of actual or potential litigation
that may develop which may affect an existing carrier's obligation to defend and
indemnify the city.
(g) Such insurance shall be kept in full force and effect during the period of time for
which a permit shall be issued or the space occupied. Insurance coverage must be .
available on a "per project" basis.
(h) An insurer has no right of recovery against the city. The required insurance policies
shall protect the agency or public infrastructure contractor and include the city as an
additional insured. The insurance shall be primary coverage for losses covered by
the policies.
(i) The policy clause "other insurance" shall not apply to the city.
(j) The agency, network provider, or public infrastructure contractor shall pay
premiums and assessments. A company that issues an insurance policy has no
recourse against the city for payment of a premium or assessment. Insurance
policies obtained by an agency, network provider, or public infrastructure contractor
must provide that the issuing company waives all right of recovery by way of
subrogation against the city in connection with damage covered by the policy.
(k) Each policy must include a provision that requires the insurance company to notify
the.city in writing at least thirty (30) days before canceling or failing to renew the
policy or before reducing policy limits or coverages.
(1) Each agency must comply with the insurance requirements in this section, unless
the agency's current franchise or license agreement with the city specifically
addresses insurance requirements, in which case the franchise or license
agreement shall control.
Sec. 14.03.204 Performance warranty/guarantee.
(a) Any warrantymade hereunder shall serve as security for the performance of work
necessary to repair the public rights-of-way if the agency, network provider, or
public infrastructure contractor fails to make the necessary repairs or to complete
the work under the permit.
(b) The agency, network provider, or public infrastructure contractor, by acceptance of
the permit, expressly warrants and guarantees complete performance of the work.
affecting the city's right-of-way in a manner acceptable to the city and warrants and
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guarantees all such . work done for a period of one (1) year after the date of
acceptance and agrees to maintain upon demand and to make all necessary repairs
during the one-year period. This warranty shall include all repairs and actions
needed as a result of:
(1) Defects in workmanship;
(2) Settling of fills or excavations;
(3) Any unauthorized deviations from the approved plans and specifications;
(4) Failure to barricade;
(5) Failure to clean up during and after performance of the work;
(6) Restoration of improvements including, but not limited to, landscaping and
irrigation; or
(7) Any other violation of this article or the ordinances of the city.
(c) The one-year warranty period shall run from the date of the city's acceptance of the
work which shall be the date of the letter of acceptance issued by the city to the
agency, network provider, or public infrastructure contractor. If repairs are required
during the one-year warranty period, those repairs need only be warranted until the
end of the initial one-year period starting with the date of acceptance. It is not
necessary that a new one-year warranty be provided for subsequent repairs after
probationary acceptance.
(d) At any time prior to completion of the one-year warranty period, the city may notify
the agency, network provider, or public infrastructure contractor of any needed
repairs. Such repairs shall be completed within twenty-four (24) hours if the defects
are determined by the city to be an imminent danger to the public health, safety,
and welfare. Non -emergency repairs shall be completed within fifteen (15) calendar
.days after notice.
Sec. 14.03.205 Indemnification.
To the extent authorized by law, each certificated telecommunications provider, agency,
network provider, or public infrastructure contractor placing facilities in the public rights-
of-way shall indemnify, and hold the city and its officers and employees harmless .from
and against all claims, lawsuits,. judgments, costs, liens, losses, expenses, fees
,luding reasonable attorney's fees and costs of defense), proceedings, actions,
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demands, causes of action, liability, and suits of any kind and nature, including personal
or bodily injury (including death), property damage, or other harm for which recovery of
damages is sought that is found by a court of competent jurisdiction to be caused solely
by the negligent act, error, or omission of the agency, network provider, or public
infrastructure contractor any agent, officer, director, representative,, employee, affiliate,
or subcontractor of the certificated telecommunications provider, agency, network
provider or public infrastructure contractor , while installing, repairing, or maintaining
facilities in a public right-of-way. The indemnity provided by this subsection does not
apply to any liability resulting from the negligence of the city, its officers, employees,
contractors, or subcontractors. If a certificated telecommunications provider, agency,
network provider, or public infrastructure contractor and the city are found jointly liable
by. a court of competent jurisdiction, liability shall be apportioned comparatively in
accordance with the laws of state without, however, waiving any governmental immunity
available to the city under state law and without waiving any defenses .of the parties
under state law. This section is solely for the benefit of the city and the certificated
telecommunication provider, agency, network provider or public infrastructure contractor
and does not create or grant any rights, contractual or otherwise, to any other person or
entity.
Sec. 14.03206 General rights-of-way use and construction.
(a) Responsibility for Employees, courtesy and drug policy. Agencies, network
providers and infrastructure contractors shall be responsible and liable for the
acts and omissions of their employees, temporary employees, officers, directors;
consultants, agents, Affiliates, subsidiaries, and subcontractors in connection
with the installations of facilities in the right-of-way, as if such acts or omissions
were agency's, Network Provider's, or public infrastructure contractor's acts or
omissions. Work in the public rights-of-way shall be done, in a manner that
causes the least interference with the rights and reasonable convenience of
property owners and residents. Citizen satisfaction must be a priority in using the
Right -of -Way. Agencies, network providers, and infrastructure contractors shall
train their employees to be customer service-oriented and to positively and
politely interact with citizens when dealing with issues pertaining to its facilities in
the right-of-way. Employees shall be clean, courteous, efficient, and neat, in
appearance and committed to offering the highest quality of interaction with the
public. If, in the opinion of the City Manager, the employee is not interacting in a
positive and polite manner with citizens, he or she shall request that the agency,
network provider or infrastructure contractor take all remedial steps to conform to
these standards. It is the policy of the City to achieve a drug-free workforce and
workplace. The manufacture, distribution, dispensation, possession, sale, or use
of illegal drugs or. alcohol by agency's, network provider's or infrastructure
contractor's employees, contractors, subcontractors, or vendors while on City
rights-of-way is prohibited.
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(b) Minimal interference. Agency's, network provider's, or public infrastructure
contractor's facilities shall be constructed or maintained in such a manner as not
to interfere with sewers, water pipes, or any other property of the city, or with any
other pipes, wires, conduits, pedestals, structures, or other facilities that may
have been laid in the rights-of-way by, or under, the city's authority. The
agency's, network provider's or public infrastructure contractor's facilities shall be
located, erected, and maintained so as not to endanger or interfere with the lives
of persons, or to interfere with improvements the city may deem proper to make
or to unnecessarily hinder 'or obstruct the free ,use of the rights-of-way or other
public property, and shall not interfere with the travel and use of public places by
the public during the construction, repair, operation, or removal thereof, and shall
not obstruct or impede traffic. The agency, network provider, or infrastructure
contractor shall not cause any interference with City public safety radio system,
traffic signal light system, or other city safety communications components.
(c) Responsibilities under permit; location of facilities.
(1) A permit does not relieve an - agency, network provider, or public
infrastructure contractor of the responsibility to coordinate with other
utilities and to protect existing facilities. An agency, network provider, or
public infrastructure contractor working in the right-of-way is 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 does not satisfy this requirement.
(2) In performing location of facilities in the public rights-of-way in preparation
for, construction under a permit, agency, network provider, or public
infrastructure contractor shall compile all information obtained regarding
its or any other facilities in the public rights-of-way related to a particular
permit and shall make that information available to the city in a written and
verified format acceptable to the city engineer.
.(3) Protection of utilities. Before beginning excavation in any public right-of-
way, an agency, network provider, or public infrastructure contractor shall
contact the Texas One -Call System or any other company operating under
the One -Call Statute and, to the extent required by Chapter 251 of the
Texas Utilities Code, make inquiries of all ditch companies, utility
companies, districts, local government departments, - and all other
agencies that might have facilities in the area of work to determine
possible conflicts.
a. - Field locations shall be marked prior to commencing work. The
agency, network provider, or public infrastructure contractor shall
support and protect all pipes, conduits, poles, wires, or other
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apparatus that may be affected by the work from damage during
construction or settlement of trenches subsequent to construction.
b. A person shall only use a water-based paint in the public right-of-
way to mark .the location of existing underground utilities. A person
commits an offense, if a marking he makes in the public right-of-
way to mark the location of existing underground utilities remains
visible longer than sixty (60) days after being applied.
(d) Underground construction and use of poles.
(1) If required by the subdivision ordinance of the city or the comprehensive zoning.
ordinance as it relates to overlay districts or when required by general
ordinances, deed restrictions, regulations or rules of the city or applicable state
or federal law, agency's, network provider's, or public infrastructure contractor's
new facilities shall be placed underground at agency's, or network provider's. or
public infrastructure contractor's expense. Placing facilities underground does
not preclude the use of otherwise acceptable ground -mounted appurtenances.
Related equipment, such as pedestals, must be placed in accordance with the
city's applicable code requirements and rules, including all visibility easement
requirements. In areas where existing facilities are aerial, the agency, network
provider, ' or public infrastructure contractor may install aerial facilities. If a
location is designated by the city to, be an underground. requirement area, then
an agency's or network provider's permit for the location of the facilities, and
related ground equipment at such location will be revoked 90 days after the
designation, with removal of said facilities and related ground equipment at
such location within 90 days of such designation,, or as otherwise reasonably
allowed by the city for the transition of other overhead facilities.
(2) Facilities shall be maintained in an appropriate manner.
(3) ,Should the city desire to place its own facilities in .trenches or bores opened by
the agency, network provider, or public infrastructure contractor, the agency,
network provider, or public infrastructure contractor shall cooperate with the city
in any construction by the agency, network provider, or, public infrastructure
contractor that involves trenching or boring, provided that the city has first
notified the agency, network provider, or public infrastructure contractor in some
manner that it is, interested in sharing the trenches or bores in the area in which
the agency's; network provider's or public infrastructure contractor's
construction is occurring. The agency, network provider, or public infrastructure
contractor shall allow the city to place its facilities in the agency's, network.
provider's or public infrastructure contractor's trenches and bores, provided the
city incurs any incremental increase in cost of the trenching and boring. The city
shall be responsible for maintaining its respective facilities buried in the
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agency's, network provider's or public infrastructure contractor's trenches and
bores under this paragraph.
(e) Joint trenching. The public rights-of-way have a finite capacity for containing
facilities. The city engineer may require an agency, network provider, or public
infrastructure contractor to share trench space to minimize the disruption of
,vehicular or pedestrian traffic.
(1) All facilities shall meet any applicable local, state, and federal clearance and
other safety requirements, be adequately grounded and anchored, and meet
the provisions of any contracts executed between agency, network provider, or
public infrastructure contractor and the other joint user. Agency, network
provider, or public infrastructure contractor may, at its option, correct any
attachment deficiencies and charge the joint user for its costs.
(f) Excavation safety. On construction projects in which excavation will exceed a depth
of five (5) feet, the agency, network provider, or public infrastructure contractor must
have ,detailed plans and specifications for excavation safety systems. The term
"excavation" includes trenches, structural or any construction that has earthen
excavation subject to collapse. The excavation safety plan shall be designed in
conformance with state law and Occupational Safety and Health Administration
(OSHA) standards and regulations.
(g) Erosion control. The agency, network provider, or . public infrastructure contractor
shall be responsible for storm water management erosion control that complies with
city, state and federal guidelines. All installations shall comply with City of
Beaumont, Erosion and Sediment Control Manual, as amended, and in accordance
with Exhibit 5.
(h) On-site requirements. Agencies, network providers and public infrastructure
contractors subject to this article must have a minimum of one (1) English-speaking
representative at the site where work is being performed at, all times. Additionally,
- each of agency's, or network provider's or public infrastructure contractor's vehicles
shall bear a sign identifying the agency, network provider, or public infrastructure
contractor that owns the vehicles.
(i) Electrical Supply. Agencies, network providers and public infrastructure.contracts
are responsible for obtaining any required electrical power services to their facilities.
The city shall not be liable for any ,stoppages or shortages of electrical power
furnished to the facilities, including without limitation, stoppages or shortages
caused by any act, omission, or requirement of the public utility serving the facilities
or the act or omission of any other tenant of the structure or user of the right-of-way,
or for any other cause beyond the control of the city. Generators and back-up
generators are prohibited in the right-of-way.
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Sec. 14.03.207 No directional boring zones.
In the city, the public infrastructure must be maintained and protected by all
agencies, network providers, and public infrastructure contractors. The public ,health,
safety and welfare is at risk when damages to water and sewer mains occur. To protect
the water and sewer system, no person, agency, network provider, or public
infrastructure contractor will be allowed to directionally bore longitudinally with water
and sewer mains that are twelve (12) inches or larger. The installation of facilities in the
public rights-of-way will be installed by open excavation to assure the protection of the
city's water and sewer system. The city has available mapping that identifies such
mains. The agency, network provider, or public infrastructure contractor is responsible
for obtaining and using this information in the design of new facilities. When boring is
acceptable pothole process is required for twelve (12) inches or larger water and sewer
mains or any main that is deemed critical by the city. Bore time is restricted to the
following schedule: 7AM to 4PM Monday through Thursday, 7AM to Noon on Friday and
no bore on Saturday and Sunday. Missiles are not considered directional boring and
are not allowed unless otherwise approved by the city.
Sec. 14.03.208 Joint planning and construction; coordination of excavations.
(a) Excavations in city rights-of-way disrupt and interfere with the public use of the city
streets and damage the pavement and landscaping. The purpose of this section is
to reduce this disruption, interference and damage by promoting better coordination
among agencies, network providers, or public infrastructure contractors making
excavations in public rights-of-way and between these agencies, network providers
and public infrastructure contractors and the city. Better coordination will assist in
minimizing the number of excavations being made wherever feasible and will
ensure the excavations in city rights-of-way are, to the maximum extent possible,
performed before, rather than after, the reconstruction of the streets by the city.
(b) Utility coordination meeting.
(1) The city will hold a utility coordination meeting a minimum of two (2) times per
year. The purpose of the meeting is for the city to inform agencies, network
providers, and public infrastructure contractors of proposed and current
community investment. projects in the City of Beaumont and also for the
agencies, network providers, and public infrastructure contractors to inform
each other and the city of current and future projects. Each agency, network
provider and public infrastructure contractor, is encouraged to attend and
participate in the meetings of the city, of which the agency, network provider, or
public infrastructure contractor will be made aware.
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(2) The city will notify the affected agencies, network providers, and public
infrastructure contractors at least six (6) months before construction will start on
a city project. Preliminary plans will be provided to the affected. agencies,
network providers, and public infrastructure contractors at least four (4) months
before the project is to start construction. Final plans will be provided to the
affected agencies, network providers, and public infrastructure contractors at
least two (2) months before the project is to start construction.
(3) Whenever it is possible and reasonably .practicable to joint trench or share
bores or cutes, the agency, network provider, or public infrastructure contractor
shall work with other agencies, network providers, and public infrastructure
contractors so as to reduce as much as possible the number of right-of-way
cuts within the city.
(c) Excavation master plan. In addition to participating' in the utility coordination
meetings, any agency, network provider, or public infrastructure contractor owning,
operating or installing facilities in public rights-of-way, providing water, sewer, gas,
electric, communication, video, or other utility services, shall meet annually with the
city engineer, at the city engineer's request, to discuss agency's, network provider's,
or public infrastructure contractor's excavation master plan., At such meeting, to the
extent not already in possession of the city, agency, network provider, or .public
infrastructure contractor shall submit documentation, in a form required by the city
engineer,. showing the location of the agency's, network provider's, or public
infrastructure contractor's existing facilities'in the public rights-of-way.
(1) Agency, network provider, or public infrastructure contractor shall discuss with
the city engineer its excavation master plan and identify planned major
excavation work in the city. The city engineer may make his own record on a
map, drawing, -or other documentation of each agency's or network provider's or
public infrastructure contractor's planned major excavation work in the city;
provided, however, that no such document prepared by the city engineer shall
identify a particular entity, or the planned major excavation work of that
particular entity.
(2) Each agency or public infrastructure contractor shall submit annually, on or
before March 31, a revised and updated excavation master plan. As used in this
subsection, the term "planned major excavation work" refers to any future
excavations planned by the agency, network provider, or public infrastructure
contractor when the excavation master plan or update is submitted that will
affect any public rights-of-way for more than five (5) days, provided that the
agency, network provider, or public infrastructure contractor shall not be
required to identify future major excavations planned to occur more than three
(3) years after the date that the agency's, network provider's, or public
infrastructure contractor's master plan or update is discussed.
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(3) Between the annual meetings to discuss planned major excavation work,
agency, network provider, or public infrastructure contractor shall inform the city
engineer of any substantial changes in the planned major excavation work
discussed at the annual meeting. The city will not preclude an agency, network
provider, or public infrastructure contractor from obtaining a permit for a project
that was inadvertently excluded from the agency's, network provider's or
infrastructure contractor's excavation master plan or was unknown at, the time
the plan was created.
Sec. 14.03.209 Minimizing the impacts of work in the rights-of-way.
(a) Noise, dust, debris, hours of work. Each agency, network provider, and public
infrastructure contractor shall conduct work in such a .manner as to avoid
unnecessary inconvenience and annoyance to the general public .and occupants of
neighboring property. In the performance of the work, the agency, network provider,
or public infrastructure contractor shall take appropriate measures to reduce noise,
dust, and unsightly debris. No work shall be done between the hours of 10:00 p.m. '
and 7:00 a.m., except with the written permission of the city engineer, or in case of
an emergency. Bore time, is restricted to the following schedule: 7AM to 4PM.
Monday through Thursday, 7AM to Noon on Friday and no bore on Saturday and
Sunday. Missiles are not considered directional boring and are not allowed unless
otherwise approved by the city.
(b) Trash and construction materials.
(1) Each agency, network provider, and public infrastructure contractor shall
maintain the work site so that:
a. Trash and construction materials are contained so that they are not blown
. off of the construction site.
b. Trash is removed from a construction site often enough so that it does not
become a health, fire, or safety hazard.
c. Trash dumpsters and storage or construction trailers are not placed in the
street without written approval of the city engineer.
(2) Agency, network provider, or public infrastructure contractor may only use
approved trash haulers when working in the public rights-of-way.
(c) Deposit of dirt and material on roadways. Each agency, network provider, and
public infrastructure contractor shall eliminate the tracking of mud or debris upon
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any street or sidewalk. Equipment and trucks used during construction, excavation,
or work activity shall be cleaned of mud and debris prior to leaving any work site.
(d) Protection of trees and landscaping. Each agency, network provider, and public
infrastructure contractor shall protect trees, landscape, and landscape features as
required by the city and shall be responsible for supplemental maintenance and
watering during construction and until restoration is complete and in accordance
with the performance warranty made the agency, network provider, or public
infrastructure contractor under this article. All protective measures shall be provided
at the expense of the agency, network provider, or public infrastructure contractor.
Agency, network provider, or infrastructure contractor and. its contractors, and
agents shall obtain written permission from the City Manager before trimming trees
hanging over its facilities in the right-of-way. When directed by the city manager,
agency, network provider or infrastructure contractor shall trim under the
supervision_ and direction of the Parks Director. The removal of any trees within a
historic district having a diameter at breast height- greater than 24" shall require the
`approval of.the Historic Landmark Commission., The City shall not be liable for any
damages, injuries, or claims arising from agency's, network provider's, or
infrastructure contractor's actions under this section.
(e) Protection of paved surfaces from equipment damage. Backhoe equipment
outriggers shall, be fitted with rubber pads whenever outriggers are placed on any
paved surface. Tracked vehicles with grousers are not permitted on paved surface
unless specific precautions are taken to protect the surface. Agency, network
provider, or public infrastructure contractor shall be responsible for any damage
caused to the pavement by the operation of such equipment and shall repair such
surfaces. Failure to do so will result in the use of the agency's, network provider's,
or public infrastructure contractor's performance warranty/guarantee by the city to
repair any damage, and, possibly, the requirement of additional warrantee(s).
(f) Protection of property. Each agency, network provider, and public infrastructure
contractor shall protect from injury any public rights-of-way and adjoining property
by providing adequate support and taking other necessary measures. Agency,,
network provider, or public infrastructure contractor shall, at its own expense, shore
up and protect all buildings, walls, fences, or other. property likely to be damaged
during the work and shall be responsible for all damage to public or private property
resulting from failure to properly protect and carry out work in the public rights-of-
way.
(g) Clean-up. As the work progresses,.all public rights-of-way and private property shall
be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up
operations shall be done at the expense of the agency, network provider, or public
infrastructure contractor. Agency, network provider, or public infrastructure
contractor shall restore any disturbed area to its original condition. All restoration
work must be completed within ten calendar days following the date of substantial
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completion of the work in the right-of-way. Such clean-up and restoration shall be
subject to the sole, reasonable approval of the city manager.
(h) Vehicle parking. Each agency, network provider, and public infrastructure contractor
shall make provisions for employee and construction vehicle parking so that
neighborhood parking adjacent to a work site is not impacted.
(i) Walkways. Each agency, network provider, and public infrastructure contractor shall
maintain an adequate and safe unobstructed walkway around a construction site or
blocked sidewalk in conformance with City Code.
(j) Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar
days from -the date agency, network provider, or infrastructure contractor receives
notice thereof, the agency, network provider .or infrastructure contractor, shall
remove all graffiti on any of its facilities located. in the Right of Way. The foregoing
shall not relieve the agency,_ network provider, or infrastructure contractor from
complying with any City graffiti or visual blight ordinance or regulation.
(k) Signage. Agency, network provider, or infrastructure contractor shall post its name,
location identifying information, and emergency telephone number in an area on the
cabinet of the facility that is visible to the public. Signage required under this section
shall not exceed 4" x 6", unless. _otherwise required by law (e.g. RF ground
notification signs) or the city manager.
Except as required by laws or by the utility pole owner, agency, network provider, or
infrastructure contractor shall not post any other signage or advertising on the
facilities or poles.
(1) Ownership. No part. of any facilities placed on the right-of-way pursuant to this
ordinance will become, or be considered by the city as being affixed to or a part of,
the right-of-way, except for facilities accepted as city facilities by the city engineer in
writing. All other facilities placed in the right-of-way pursuant to this ordinance will.
be and remain the property of the agency or network provider and may be removed
by the agency or network provider at any time, provided .the agency or network
provider shall obtain permits or give notice as required by this ordinance.
Sec. 14.03.210 Facility size and locations.
(a) Location in Right of Way, new development. All facilities in new developments shall
be located in accordance with Exhibits 1, 2, 3 and 4, unless an alternative location
has been approved by the city engineer. Such utility locations are hereby adopted
as standard locations for facilities in new developments. The intent of these items is
that they serve as a standard, not only to agencies, network providers, and public
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infrastructure contractors working under city permit, but also to all city agencies
whose routine business requires the installation, repair or relocation of utilities.
(b) Location in Right of Way, existing development. New facilities- to be installed in
previously developed streets should be located as in Exhibits 1, 2, 3 and 4. If that
location is already being used by another facility, the new facility shall be located
such that it does not interfere with other facilities, both existing and future. No new
facilities shall be located longitudinally in a median or under existing or proposed
pavement. Poles located in medians must be constructed of steel or concrete, or
other material approved by the City Engineer.
(c) Location in Right of Way, generally. Facilities and related ground equipment shall
be placed within two feet from the outer edge of the Right -of -Way line and three feet
from back of curb to minimize any obstruction, impediment, or hindrance to the
usual travel or public safety on a public right-of-way.
(d) Pole Height. New poles or,modified utility poles may not exceed the lesser of:
(1) 10 feet in height above the tallest existing utility pole located within 500 linear
feet of the new pole in the same public right-of-way; or
(2) 55 feet above ground level.
(e) Pole. Spacing. New poles shall be shall be spaced apart from existing utility poles
or node support poles at the same as the spacing. between utility poles in the
immediate proximity, but no less than at a minimum 300 feet from a utility pole or
another node support pole to minimize the hazard of poles adjacent to road ways
and to minimize effect on"property values and aesthetics on the area. To maximize.,
the line of sight at street corners and intersections and to minimize hazards at those
locations, all new poles and ground equipment must be 250 feet or more from each
street corner or street intersection.
(f) Height of Equipment mounted on Poles. Pole mounted facilities shall be installed at
least eight (8) feet above the ground, and if a facility is projecting toward the street,
for the safety and protection of the public and vehicular traffic, the attachment shall
be installed no less than sixteen (16) feet above the ground.
(g) Protrusion 'of Equipment. 'Pole -mounted or structure -mounted facilities shall not
protrude from the outer circumference of the existing structure or pole by more than
two- feet.
(h) Size of pole mounted equipment. Pole mounted enclosures may not be taller than
five feet. The following types of associated ancillary equipment are not included in
the calculation of equipment volume: electric meters, concealment elements,
telecommunications demarcation boxes, grounding equipment, power transfer
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switches, cut-off switches and vertical cable runs for the connection of power and
other services.
Antenna size. Each antenna that does. not have exposed elements and is attached
to an existing. structure or pole: must be located inside an enclosure of not more
than six cubic feet in volume; may not exceed a height of- three feet above the.
existing structure or poles; and may not protrude from the outer circumference of
the existing structure or pole by more than two feet. If an antenna has exposed
elements and is attached to an existing structure or pole, the antenna and all of the
antenna's exposed elements: must fit within an imaginary enclosure of not more
than six cubic feet; may not exceed a height of three feet above the existing
structure or pole; and may not protrude from the outer circumference of the existing
structure or pole by more than two feet. The cumulative size of other equipment
associated with the equipment attached to an existing structure or pole may not: be
more than 28 cubic feet in volume; or protrude from the outer circumference of the
existing pole or structure by more than two feet.
(i) Limitation on Equipment on Poles. There shall be no more than one network node
apparatus or antenna on any one pole.
(j) Private pole owner permission. Network providers must have written approval of the
utility pole owner for each specific poles and location on such pole.
(k) Electric Code. All poles must meet National Electric Code clearance standards. .
Equipment attached to a utility pole must be installed in accordance with the
National Electrical Safety Code, subject to applicable codes; and the utility .pole
owner's construction standards.
(1) Existing telephone or electrical lines between existing utility poles. Micro network
nodes shall only be lashed on existing telephone or electrical lines between existing
utility poles and not place on utility poles, node support poles or service poles.
(m) Prohibition on Overhead Facilities. Facilities may not be installed overhead in a
public right-of-way if the public right-of-way is in a municipal park or is adjacent to a
street or thoroughfare that is within a minor residential street and is in an area
zoned residential or restricted to residential use by deed restrictions.
(n) Municipal Service Poles.
1. In accordance with Agreement: Installations on all Service Poles is restricted to
network providers and shall be in accordance with an agreement as allowed by
Chapter 284, Sec. 285.056 and Sec. 284.101(a)(3), and (b). _
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2. Required industry standard pole load analysis: For proposed installations on
Service Poles Network Provider shall complete and submit to the City an industry
standard pole load analysis indicating that the Service Pole to which the Network
Node is to be attached will safely support the load, in accordance with Chapter
284.108.
3. Height of attachments: All attachments on all Service Poles shall be at least 8
feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2). If a
Network Node attachment projects toward the street, for the safety and protection of
the public and vehicular traffic, the attachment shall be installed no less than sixteen
(16) feet above the ground.
4. Installations on Traffic Signals: Installations on all Traffic signal structures must
not interfere with the integrity of the facility in any way that may compromise the
safety of the public, and -must be in accordance with an agreement as allowed by
Texas Local Government Code, Chapter 284, Sec. 285.056 and Sec. 284.101 (a)
(3), and (b). Location on signal arms is prohibited. Installation of Network Node
facilities on any traffic signal structures. shall:
i. Be encased in a conduit separate from the traffic light electronics;
ii. Have an electric power connection separate from the traffic signal structure;
and
iii. Have an access point separate from the traffic signal structure.
5. Installations on Street signage: Installations on all street signage structures must
not interfere with the integrity of the facility 'in any way that may compromise the
safety of the public. Installation of Network Node facilities on any street signage
structures that has electronic equipment shall:
i. Be encased in a conduit separate from any City signage electronics;
ii. Have an electric power connection separate from the signage structure;
iii. Have an access point separate from the signage structure.
(o) Ground Equipment, parks. For the safety of municipal park patrons, particularly
small children, and to allow full line of sights near municipal park property, no
ground equipment may be installed in a right-of-way that is within a park or within
250 feet of the boundary line of a park, unless approved by the Parks Director in
writing.
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(p) Ground Equipment, generally. Ground equipment shall be minimal and the least
intrusive. In order to minimize negative visual impact to the surrounding area, and to
enhance the safety requirements of line of sight of pedestrians, particularly small
children, the city engineer may deny a request for a permit for a proposed location
of ground equipment where existing ground equipment within 300 feet already
occupies a footprint of 25 sq. ft. or more to minimize effect on property values and
aesthetics on the area.
(q) Ground enclosure size. Ground based enclosures for network nodes, separate
from the pole, may not be higher than three feet six inches from grade, wider than
three feet six inches, or deeper than three feet six inches for network node permits
and shall be no larger than six feet wide by four feet two inches high by two feet
deep for standard right-of-way permits. For standard permit holders, ground based
enclosures shall be no larger than six feet wide by four feet two inches high by two
feet deep. Any larger facilities must be placed on private property and comply with
all requirements of the City's Building Code, including receipt of a building permit
prior to installation.
(r) Concealment and enclosure, generally. Facilities shall be concealed or enclosed as
much as reasonably possible in an equipment box, cabinet, or other unit that may `
include ventilation openings. External cables and wires hanging off a pole shall be
sheathed or enclosed in a conduit, so that wires are protected and not visible or
visually minimized. Guy wires, anchors, pedestals, boxes, and other above ground
facilities shall not fully or partially encroach within a sidewalk area, including a clear
vertical clearance of seven and one-half (7.5) feet above the sidewalk. No above-
ground facilities shall be located closer than three (3) feet from the back of street
curbs or edge of alley or within the sight visibility area.
(s) Historic District criteria. Stealth or camouflage of facilities and poles shall be
required by the city in design districts, in historic_districts, and within 300 feet of a
historic site or structure or historic landmark recognized by the City, state or federal
government. Applications for placement of facilities in a historic district must include
proposed stealth or camouflage measures. The City Planning Director will review
and determine the suitability of the proposed concealment or camouflage measures
as part of the right-of-way permit review process, based upon criteria in this
ordinance and the design manual.
(t) Colors in Historic Districts. Colors in historic districts must be in accordance with the
City of Beaumont Design Guidelines. Colors in design districts must be approved
by the City Planning Director in accordance with the design manual. Colors in
areas other than in Historic Districts shall conform to colors of other installations of
telecommunication providers in the immediately adjacent areas.
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(u) Temporary utilities. Temporary utilities may be located in non-standard locations. .
Subsection (a) above shall govern, if applicable.
(v) General construction and maintenance requirements. Facilities and poles shall be
constructed and maintained in a manner that does not:
1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-
way;
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with this ordinance or the Design Manual.
5. violate, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
(w) City infrastructure, radio. Facilities are not allowed on the City's public safety radio
infrastructure.
(x) Compliance with all. laws. Agencies, network providers, and infrastructure
contractors shall comply with all applicable city, state, and federal historic
preservation laws and requirements.
Sec. 14.03.211 Traffic control.
(a) No person, agency, network provider, or public infrastructure contractor may close a
public street without first obtaining a permit from the city engineer. An application for
a maintenance permit and a traffic control plan shall be submitted to the city
engineer no less than seven (7) working days prior to the date of the proposed
closure unless an emergency exists, in which case immediate notice must be given
to the city engineer. If a proposed construction project is to be made in the public
right-of-way dedicated to the State of Texas, a city permit shall be required in
addition to any and all permits required by the state.
(b) When it is necessary to obstruct traffic, an application for a maintenance permit and
a traffic control plan shall be submitted to the city engineer ,prior to starting
construction. No permit will be issued until the traffic control plan is approved by the
city engineer. No agency, network provider, or public infrastructure contractor shall
block access to and from private property, block emergency vehicles, block access
to fire' hydrants, fire stations, fire escapes, water valves, underground vaults, valve
Page 38 of 46
housing structures, or any other vital equipment unless the agency, network
provider, or public infrastructure contractor provides, the city with written verification
of written notice delivered to the owner or occupant of the facility, equipment, or
property at least forty-eight (48) hours in advance.
(c) When necessary for public safety, the agency, network provider, or public
infrastructure contractor shall employ flag persons whose duties shall be to control
traffic around or through the construction site. The use of flag persons may be
required by the city engineer.
(d) Unless approved by the city engineer, the agency, network. provider, or public
infrastructure contractor shall not impede rush_ hour traffic on major thoroughfares
during the morning -or evening rush hours. No construction shall be performed not
shall any traffic lane be closed to traffic during the hours of 6:00 a.m. to 9:00 a.m. or
4:00 p.m. to 6:00p.m., Monday through Friday, without the written approval of the
city engineer.
(e) Lane closures on major thoroughfares will be limited to no more than two (2) hours
at any time outside of the morning and evening rush hours unless approved by the
city engineer.
(f) Traffic control devices and barricades, as defined in Part VI of the Manual on
Uniform Traffic Control Devices, must be used. whenever it is necessary to close a
traffic lane or sidewalk. Traffic control devices and barricades are to be supplied by
the agency, network provider, or public infrastructure contractor. If used at night,
they must be reflectorized and must be illuminated or have barricade warning lights.
(g) Part VI of the Manual on Uniform Traffic Control Devices, or any successor
publication thereto, shall be -used- as a guide for all maintenance and construction
signing. The agency, network provider, or public infrastructure contractor shall
illustrate on the permit the warning and control devices proposed for use. At the
direction of the city engineer, such warning and control devices shall be modified.
t,
(h) The city engineer may refuse to issue a permit if proposed construction activity will
substantially interfere with vehicular traffic flow on major thoroughfares or is
inconsistent with procedures of this article.
Sec. 14.03.212 Requirements for street cuts and, repairs.
(a) The agency, network provider, or public infrastructure contractor shall be
responsible for maintaining all street cuts in `such a manner as to avoid a'hazard to
vehicular and pedestrian traffic until permanently repaired.
Page 39 of 46
(1) When emergency repairs are deemed necessary by the city engineer to correct
a situation that is hazardous to the public, the agency, network provider, or
public infrastructure contractor that is responsible for the cut shall be notified
immediately. If the agency, network provider, or public infrastructure contractor
does not provide an acceptable schedule for making, the emergency repair
Within eight (8) hours of being notified, the repairs will be performed by the city,
and the agency, network provider, or public infrastructure contractor will be
billed for the repairs necessary to complete the project,'including clean up.
(2) Agency, network provider, or public infrastructure contractor will be required to
maintain the interim cut repair until they have completed final repairs.
(3). Traffic bearing steel plates shall be utilized on all concrete paving cuts until
required curing is accomplished. Asphalt shall be used to provide smooth
ramps at the edges. Plates or asphalt may be used for temporary repairs.
(b) All damage caused directly or indirectly to the street surface or subsurface outside
the pavement cut area shall be regarded as a part of the street cut. These.areas, as
established by the city inspector, will be included in the total area repaired.
1
(c) The agency, network provider, or public infrastructure contractor shall notify the
public works department immediately of any damage to other utilities, either city or
privately -owned.
(d) Construction methods:
(1) The City of Beaumont Special Provisions to Standard Specifications for Public
Works Construction and the City of Beaumont's Standard Construction Details
shall govern the cutting and restoration of street and alley pavements in the city.
These requirements shall apply equally to any person, public infrastructure
contractor, network provider, agency or city department who makes cuts and
repairs to streets and alleys in the City of Beaumont. Any above or in -ground
equipment shall not be partially or completely within the sidewalk area unless
otherwise approved by the city.
(2) Permanent repairs of utility cuts in existing streets, alleys or easements will be
completed by the agency, network provider, or public infrastructure contractor
within fourteen (14) calendar days of beginning the work. If an agency, network
provider, or public infrastructure contractor does not believe. that it will be able
to meet this schedule, the agency, network provider, or public infrastructure
contractor must contact the city engineer concerning an alternative schedule for
the repairs. Any alternative schedule must be approved by the city engineer
prior to the beginning of the work. The agency, network provider, or public
infrastructure contractor will be responsible for any maintenance of the repair
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for a period of one (1) year after the repair is complete. Failure to do so will
result in the use of the agency's; network provider's or public infrastructure
contractor's performance warranty/guarantee by the city to repair any damage,
and, possibly, the requirement of additional warrantee(s) and/or the denial of
future permits.
(3) Steel plates left in the right-of-way after repairs are completed will be removed
by the city and become the city's property.
(4) Excavation in street or alley pavements should begin with an air -hammer
shovel, a pavement breaker or other equipment that will not damage the
pavement outside an approximate width of the ditch prior to beginning trenching
operations. All street excavations will be saw cut before the street is repaired.
Full depth saw cuts are required.
(5) If the excavation is to pass under where the curb is installed without
dummy/expansion joint, the agency, network provider, or public infrastructure
contractor may saw cut a smooth line one (1) foot beyond each side of the
disturbed base: If no damage to curb is evident to the city inspector, the
agency, network provider, or public infrastructure contractor may pump
concrete under curb and gutter on cuts less than one (1) foot wide. The city
inspector will make this determination prior to concrete being placed under
existing curb and gutter.
(e) Notification of homeowners' and homeowner associations. When an agency,
network provider, or public infrastructure contractor is installing more than five
hundred (500) linear feet of underground facilities, the agency, network provider, or
public infrastructure contractor shall notify in writing all homeowner associations,
from information maintained by the city, and individual homeowners along the route.
Door hangers are an acceptable form of written notification. This notification shall
give information about the project, not limited to the proposed location of the
facilities, the time length for construction and a contact person to reportany
problems. The agency, network provider, or public infrastructure contractor must
also contact all homeowner associations concerning the location of any
underground improvements.
Sec. 14.03.213 Standards for repair and restoration.
(a) Agency, network provider, public infrastructure contractor responsibility. The
agency, network provider, or public infrastructure contractor shall be fully
responsible for the cost and actual performance of all work in the public rights-of-
way. The agency, network provider, or public infrastructure contractor shall do all
work in conformance with any and all engineering regulations, construction
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specifications, and design standards adopted by the city. These standards shall
apply to all work in the public rights-of-way unless otherwise indicated in the permit.
(b) All restoration shall result in a work site condition equal to or better than the
condition in which the site existed prior to construction. Restoration must be
approved by the city engineer. In addition to the regulations, specifications, and
standards referred to in subsection (a), -the following provisions shall apply to work
in the public rights-of-way of the city:
(1) Restoration must be to the reasonable satisfaction of the city engineer and the
property owner. 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 by sodding, as directed by the city;
b. Installation of all manholes and handholes, as required;
c. Backfilling of all bore pits, potholes, trenches or any other holes which must
be done within seven (7) days after excavation of the bore pits, potholes,
trenches or other holes, unless other safety requirements are approved by
the city engineer;
d. Leveling of all trenches and backhoe lines;
e. Restoration of excavation site to city specifications;
f.. Restoration of all landscaping, trees, shrubs, .ground cover, and sprinkler
systems; and
J
g. Repairing and replacing existing erosion control devices that have been
damaged or destroyed as a part of the work.
(2) All locate flags shall be removed during the cleanup process by the agency,
network provider, or public infrastructure contractor at the completion of the
work.
(3) Restoration must be made in a timely manner as agreed upon by the. city
engineer and the agency, network provider, or public infrastructure contractor. If
restoration is not satisfactory and/or is not performed within the agreed upon
timeframe, all work in progress, except that related to the problem, including all
work previously permitted but not complete, may be halted and a hold may be
placed on any permits not approved until all restoration is complete, or the city
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may complete the work and bill the agency, network provider, or public
infrastructure contractor for the repairs performed by the city.
Sec. 14.03.214 Construction and restoration standards for newly constructed
or overlayed streets.
(a) No agency, network provider, or public infrastructure contractor shall cause an open
trench excavation or potholing of facilities in the pavement of any public right-of-way
for a period of three (3) years from the completion of construction or resurfacing
except in compliance with the provisions of this section.
(b) Criteria for approval. No permit for excavation in the right-of-way of new streets
shall be approved unless the city engineer finds that all of the following criteria have
been met:
(1) Boring or jacking without disturbing the pavement is not practical due to
physical characteristics of the street or alley or other .utility conflicts.
(2) Alternative utility alignments that do not involve excavating the street or alley
are found to be impracticable.
(3) The proposed excavation cannot reasonably be delayed after the three-year
deferment period has lapsed.
(c) Exemptions for emergency operations. Emergency, maintenance operations shall be
limited to circumstances involving the preservation of life, property, or the
restoration of customer service. Agencies, network providers, or public
infrastructure contractors with prior authorization from the city engineer to perform
emergency maintenance operations within the public rights-of-way shall be
exempted from this section. Any agency, network provider, or public infrastructure
contractor commencing operations under this section shall submit detailed
engineering plans, construction methods, and remediation plans no later than the
next business day after initiating the emergency maintenance operation.
(d) Construction and restoration standards for newly constructed or overlayed streets
and alleys. The streets shall be restored and repaired in, accordance with. design
and construction standards adopted by the city and guaranteed in accordance with
section 14.03.204.
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Sec. 14.03.215 Relocation of facilities for public improvements.
(a) In the exercise of governmental functions, the city has first priority over all other
uses of the public rights-of-way. The city reserves the right to lay sewer, water, and
other pipelines or cables and conduits, and to do underground and overhead work,
and attachments, restructuring, or changes in aerial facilities in, across, along, over,
or under a public street, alley, or public rights-of-way occupied . by . an agency,
network provider, or public infrastructure contractor, and to change the curb,
sidewalks, or the grade of streets.
(b) The agency, network provider, or public infrastructure contractor must relocate its
facilities at its own expense in a timely manner and prior to the start of construction
of a city project. Failure to comply with this provision shall subject the agency,.
network provider, or public infrastructure contractor to the enforcement. provisions
contained herein.
(c) A permit will be required when making facility adjustments in preparation for city
projects, unless the adjustments are exempt under 14.03.200(b)(2).
(d) If the agency, network provider or public infrastructure contractor fails to remove or
relocate its facilities as requested within 90 days of receipt of the request, then the
City shall be entitled to remove the facilities at the sole cost and expense of the
agency, network provider, or infrastructure contractor without further notice. Agency
or network provider shall, within 30 days following issuance of invoice for the same,
reimburse the city for its reasonableexpenses incurred in the removal (including,
without limitation, overhead and storage expenses) of the facilities.
Sec. 14.03.216 Abandonment and removal of facilities.
(a) If a registration is not renewed, and subject to sixty (60) days notification to the
agency all facilities owned by the agency within the city will be deemed to have
been abandoned and shall become the property of the city. The City has
appropriated $0 to pay for the cost of ,any removal or storage of facilities placed in
the right-of-way, .as authorized under this ordinance, and no other funds are
allocated.
(b) Any agency or network provider that .intends to discontinue use of any facilities
within the public rights-of-way shall notify the city engineer in writing of the intent to
discontinue use. Such notice shall describe the facilities for which the use is to be
discontinued, including the address or GPS coordinates of any pole, a date of
discontinuance of use, which date shall not be less than thirty (30) days from the
date such notice is submitted to the city engineer. Upon receipt of notice of
discontinuance of use, the city shall have a right of first refusal to acquire agency's
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or network provider's facilities with the cost for such facilities to be negotiated by the
city and the agency or network provider.
(c) Agency or network provider shall, at its sole cost and expense, promptly disconnect, .
remove or relocate its facilities if ordered to do so by the city pursuant to this
ordinance. Agency or network provider shall reimburse city for the city's'' actual "
costs of removal of facilities if agency or network provider fails to- promptly
disconnect, remove and relocate its facilities. Payment must be made within thirty
(30) days from receipt of an invoice for the actual costs from the city.
(d) The city shall.'not issue any refunds for -any amounts paid by agency, network
provider or infrastructure contractor for facilities or. related ground equipment that
have been removed."
Section 2.
All provisions of the Code of Ordinances of the City of Beaumont, codified or
uncodified, in conflict with the provision of this Ordinance are hereby repealed, and all
other provisions of the Code of Ordinances of the City of Beaumont, -codified or
uncodified, not in conflict with this Ordinance shall remain in full force and effect.
Section 3.
It is hereby declared to be,the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this- Ordinance are severable, and if
any phrase, clause, sentence, or section, of this Ordinance shall be declared
unconstitutional or invalid by any court of competent jurisdiction, such unconstitutionality
or invalidity shall not- affect any other remaining phrase, clause, sentence, paragraph or
section of this Ordinance.
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Section 4.
The repeal of any Ordinance or part of Ordinances effectuated by the enactment
of this Ordinance shall not be construed as abandoning any action now pending under
by virtue of such Ordinance or as discontinuing, abating, modifying or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions at the time of passage of this ordinance.
Section 5.
This Ordinance shall become effective immediately upon its passage and
publication as required by law.
Section 6.
The meeting at which this ordinance was approved was in all things conducted in
l
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
August, 2017..0w
I
Mayor Becky Ames -
EST. .
Tina Broussard, City Secretary
APPROVED AS TO FORM:
TAI'pe E., •,Z• -
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