This section shall be known as Access, Driveways, and Circulation.

The findings and recitations set out above in the purpose of this division are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes.

City facilities and lands shall not be altered, obstructed or occupied without the express written permission of the city. Facilities not owned by the city shall not be located closer than ten feet (10') laterally, and shall not be located above or below any city-owned facility located underground, without express written permission from the city. Additionally, no facilities may be located in, over, under, through, along or across any parks, recreational land or other similar city-owned property which is not a street or street right-of-way without the express written permission of the city.

The reasonable costs and expenses for repairing, reconstructing or correction of any construction activity, excavation, addition, removal or alteration of a facility or any other alteration thereof to any street, right-of-way, or facilities located thereon, within the city, without a permit or express written contract or written agreement with the city, shall be charged against the persons, the corporation, company, or entity actually responsible for the actions; the owner(s) responsible for the work or for whose benefit such activity was undertaken which caused the damage to the street or right-of-way; and/or the permittee in whose name the permit to perform such activities was issued.

Nothing in this division grants permission for the occupation, obstruction, excavation, repair or alteration of any street or right-of-way of the city, and any such use shall be subject to consent of the city at its sole discretion. Additionally, nothing in this division shall be construed as an assumption by the city, or its officers and employees, of any responsibility to supervise construction activities, to ensure adequate safety precautions by contractors or to protect any owners or customers of any facilities located in, over, under, through, along or across the rights-of-way or streets, or the owners of any property abutting, adjacent or within the rights-of-way or streets, from any damages caused to the facilities located therein or as the result of the construction activities thereto. Further, the city reserves the right to vacate any street or right-of-way at its sole discretion. If the city vacates or otherwise abandons a right-of-way or street or any portion thereof, the city, with or without notice to any permittee, may cancel any permits for such portion of a right-of-way or street without compensation or reimbursement to the permittee for any expenses associated with moving any facilities located therein, unless otherwise agreed in writing. The owner and, as applicable, the contractor shall be solely liable and responsible for any and all injuries and/or damages arising or resulting from any excavation, boring, trench, work or occupation of any street or right-of-way by or on behalf of such owner or contractor.

Any person who shall violate any provision of this division or shall fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of a misdemeanor and shall be liable for a fine not to exceed the sum of five hundred dollars ($500.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

Upon the request of the City Council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this ordinance, to obtain declaratory judgment, and to seek and recover court costs, attorney's fees, and/or damages, including but not limited to damages or costs incurred by the city to undertake any construction, repair, alteration or other activity necessary to bring about compliance with a requirement regarding the streets or rights-of-way and established pursuant to this division and other applicable ordinances of the city.

Owners and contractors shall indemnify, defend, and hold the city and its officers, employees and agents harmless from and against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, 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 by the negligent act, error, or omission of any agent, officer, director, representative, employee, affiliate, or subcontractor of the owner, contractor or permittee installing, repairing, or maintaining facilities in the rights-of-way or streets.

Nothing in this division shall be deemed to waive, modify or amend any legal defense available at law or in equity to either the city or its officers, employees and agents, nor to create any legal rights or claims on behalf of any third party. This division is solely for the benefit of the city and the city in its representative capacity of the general public, and does not create or grant rights, contractual or otherwise, to any other person, entity or member of the general public. Neither the city, nor its officers, employees and agents, waives, modifies or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the state.

Application for a permit required by Section 6.2.1.3 shall be addressed to the city secretary and made on a form furnished for that purpose, detailing the extent, character and purpose of any construction activity or other work to be performed.

The owner or contractor for all construction activity, installations, and similar activities must have applied for and have been issued all of the permits required for the work. A permit shall not be required from any holder of a franchise or license or holder of a permanent occupation permit to perform any minor alteration of an existing facility necessary to initiate service or repair service or for routine maintenance to an individual customer's property unless the repair or maintenance requires excavation or temporary closure of nonresidential traffic lanes. The types of activities which must have a permit issued pursuant to this division are:

In the event an application is made for a permit to perform any construction activity in any of the streets or rights-of-way, such permit shall be subject to the following permit fees to cover the costs and expenses of the city. Acceptance of any such permit shall constitute an acceptance by the permittee of the conditions of the permit and any of the obligations and duties to repair any cut, damage, injury or excavation in full compliance with the requirements set forth in Section 6.2.5 of this division. Payment for each such permit shall be made with the application for the permit. No permit shall be issued for less than the required permit fee.

All activities or construction authorized by a permit issued under this division shall be commenced within six (6) months after the date of issuance of the permit and thereafter be continuously prosecuted to completion, or such permit shall be void and the person to whom the permit was issued must make a new application before commencing or continuing any further activities or construction. Each permit issued shall be issued for a specific time period with a maximum period of one year, after which period the permit shall be void and the person to whom the permit was issued must make a new application for a new permit for each succeeding year or portion thereof. If the permit is allowed to expire, the person shall apply for and procure a new permit, paying the fee therefor as before, prior to proceeding with any such work.

Applications for permits required by this division shall be made to the building inspector and must be made in writing by the person to do the work, the contractor, or his authorized agent, that and will be submitted in duplicate upon forms provided to the building inspector for that purpose. An application for such permit may be deposited at the office of the city secretary for delivery to and action by the building inspector. Such application shall contain:

The City Council shall have the power and reserves the authority to refuse to issue a permit under this division, including a certificate of occupation, to any person, contractor or owner who has not complied with this division, has previously failed to comply with the terms, requirements or standards of any prior permit issued for a similar project, or has failed to provide insurance and bond as required. Additionally, the City Council shall have the power and reserves the authority to refuse any permit, or to modify or amend any application for permit, where the particular location, by reason of the nature of such particular location, the character and value of the permanent improvements already erected on or approximately adjacent to the particular location, and the use of which the land and surroundings, when in the building inspector's opinion, or on appeal to the City Council in the City Council's opinion, the excavating, operation of an excavation or addition or alteration of any such proposed facility on such particular location or construction activity would constitute a nuisance, be injurious to public health, be a public hazard to the inhabitants as a whole or to a substantial number of its inhabitants or travelers, or be a disadvantage to the city in its planned growth, or otherwise have a negative impact on the property values of property within the city.

All permits, including certificates of occupation, shall be issued based upon the representations made within the application for the permit, information provided from the applicant, information known to the inspector and/or City Council, and all plans and specifications submitted with the application. Violations of any conditions of the permit or the general conditions listed herein shall constitute a forfeiture of all rights and privileges granted by the permit(s). The following general conditions of permit are in addition to the specific conditions identified in the specific permit:

Any permit, including a certificate of occupation, issued under this division may be cancelled if a notice to cease operations or activities thereunder is issued and such notice is not immediately complied with. Any such noncompliance shall constitute grounds for immediate revocation of any and all permits, or portions thereof, for the project, when the following conditions exist:

A permit holder, including a person having certificate of occupation, pursuant to this division, who is aggrieved by a revocation or any other action by the building inspector regarding such permit, may appeal to the City Council. The appeal shall be made by filing with the city secretary a written notice thereof within ten (10) calendar days from the date of the revocation of the permit, or other action appealed from, including, but not limited to, notices to repair and stop-work orders. A fee in the amount set forth in appendix A shall be collected for processing the appeal. The aggrieved person shall be given a hearing before the City Council, in due order of business, after which the City Council may affirm, modify or overrule the inspector's decision. Written notice of the time and place of such hearing shall be served upon the permit holder at least five (5) days prior to the date set for such hearing. Notice of the hearing may be given by personal delivery thereof to the permit holder or by deposit in the United States mail in a sealed envelope with postage prepaid, addressed to such person at the address appearing in the application or notice of appeal. All work shall be stopped at the construction site while the appeal is pending.

Utility service providers and public service providers having a current franchise or license agreement with the city shall be governed by the terms of the franchise or license agreement and shall not be required to obtain an additional certificate of occupation or permit, or post additional bond or insurance, and shall be exempt from paying any permit fees when required hereby to obtain a permit, but shall otherwise be subject to, bound and governed by each and every term and provision of this division except as explicitly exempted in the franchise or license agreement. Where the terms and conditions of the franchise or license agreement conflict with the provisions of this division, the terms and conditions of the franchise or license agreement shall govern. Unless otherwise exempted by a current franchise, license agreement or state law, the utility service provider or public service provider shall:

Telecommunication entities that are certificated telecommunications providers, certificated by the state to service the city, and that pay the city compensation as required by chapter 283, Tex. Loc. Gov't. Code, shall be exempt from such fees as are set forth herein upon verification from the public utilities commission that the telecommunications entity seeking a permit is, at the time of application, a certificated provider holding a current certificate of convenience and necessity to service the city, and is paying the city compensation as required by chapter 283. The telecommunications entity shall be subject to all other provisions of this division for which the entity is not exempt.

A person considering any construction activity, installation of facilities, excavation, cutting, boring, digging or demolition activity in, over, under, through, along or across the streets or rights-of-way within the city, and who is not under a written contract, franchise, license or other express written agreement with the city, shall post a bond, make a cash deposit with the city, or provide other suitable forms of financial security as determined by the building inspector in an amount that approximates the projected costs of inspection, observation, labor, equipment, materials, and overhead associated with the permit work, and the restoration, reconstruction and repair of the cut, work or excavation in compliance with the standards and requirements set forth in Section 6.2.5.1 of this division. Such security shall be posted prior to the issuance of a permit and the start of construction.

A good and sufficient bond shall be filed with the application for the permit required by this division, executed by a bonding company, which bond shall be approved by the building inspector as to form and sufficiency and shall be in the sum of not less than one hundred thousand dollars ($100,000.00). The bond shall be conditioned, among other things, that the contractor shall faithfully, at his or her own expense, furnish all proper materials, tools and appliances, and perform, execute, construct and complete all such work undertaken by such contractor, and observe and comply with the specifications, requirements and provisions of this division. The bond shall be and remain in effect at all times in which the excavation or construction activities are commenced or in progress.

On written notice to the building inspector and the contractor, any surety on a bond issued pursuant to this division may withdraw from all liability thereon on account of any and all future work undertaken by the contractor and for which excavation or construction activity was not begun before the delivery of the notice. After receipt of the such, the contractor shall not begin any new work unless and until the contractor shall provide and procure the approval of a new bond in the same manner as required for the first bond. No bond or surety may be withdrawn after the permitted work is commenced.

In the event emergency conditions warrant immediate response by an affected person, the building inspector may waive and/or modify normal standard procedures outlined herein to promulgate standards or requirements to expeditiously address the resolution of the emergency conditions; provided that, in any such event, the contractor shall obtain a permit for such work on the first business day of the city following performance of the work.

The decision of the building inspector shall be binding and conclusive on the contractor and the sureties on all such bonds as to when any work or construction was actually commenced.

A contractor whose work, construction activities or excavations are completed, or caused to be completed, by the city shall, on completion of such work and receipt of a certified bill of the cost thereof approved by the city administrator, pay to the city, on its order, the cost of the work. The sureties on the contractor's bond shall be liable for all items and amounts listed in the certified bill of costs submitted to the contractor by the city. In the event the contractor, or the surety on any bond, shall fail and refuse to timely pay any such certified bill to the city, the contractor and such surety shall be and become liable to the city for its attorney's fees and costs of collection.

If any defect in the work or construction develops during the one-year guarantee period established by this division, which, in the opinion of the building inspector, is due in any measure to defects of workmanship or material, the contractor shall remedy, repair and reconstruct such work, and/or any part thereof, as may be required by the building inspector, and such work shall be known as maintenance and repair work, and the surety on the contractor's bond shall be fully liable for any default of such contractor under this section.

The contractor and the owner, and any other person to whom a permit is issued, shall, during the period for which the permit is issued, and as provided in Section 6.2.3 of this division, have all of the duties and responsibilities identified in this division and other applicable ordinances of the city, and as provided for in state and federal law. The owner, and its agents, assigns, contractors and subcontractors installing the facilities, shall continually have the duties identified in this division for so long as facilities or property under the control of any such owners, and any subsequent owners thereof, are located in the rights-of-way or streets, to perform pursuant to the terms of this division.

The owner and the contractor, and every person to whom a permit is issued under this division, shall have a duty to ensure that each contractor, subcontractor, employee, agent or assignee:

It shall be the duty of the owner, the contractor, and the supervisor of the work site who shall cause to be made any hole, cut, trench, excavation, mound, embankment, installation or other obstruction in any street or right-of-way to carefully guard or cause to be guarded such hole, trench, excavation, mound, embankment, installation or other obstruction while the same may exist and not to suffer the same to remain beyond a time reasonably sufficient for the completion of the construction or removal of the obstruction, and to repair the portion of such street or right-of-way or any facility or property affected thereby so as to restore the same to as good or better condition than existed just previous to such activity.

It shall be the duty of the owner, the contractor and the supervisor of the work site on whose behalf the hole, trench, mound, excavation, construction activity, installation or other obstruction or intrusion shall be made, or has been made, in the streets or rights-of-way of the city to protect the same while such condition exists and to promptly repair the same so as to leave the street or right-of-way in as good or better condition than as before the work. All facilities, streets, sidewalks or other structures or property damaged, altered or injured in any fashion shall be restored with similar material and workmanship to that existing before the same was damaged, altered or injured through any actions of the owner, contractor or person employed in any fashion thereby. All work shall be done to the satisfaction of the building inspector, whose duty it shall be to inspect the same after it has been done.

All construction activities undertaken in the streets and rights-of-way of the city are declared to be wholly subject to the exclusive control of the city, and whenever, in the opinion of the building inspector, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or material or because not true to lines or grades or specifications required therefor, then, upon written demand or notice from the building inspector, such contractor or the owner shall promptly remedy, complete or remove and reconstruct such incomplete or defective construction all as the building inspector may require, and these provisions shall also comprehend and apply to all repairs, installations and maintenance activities. If the contractor or owner shall fail or refuse so to do within a reasonable time as specified in writing by the building inspector, then, if the building inspector shall so order, such work may, at the expense of the owner and contractor, be completed, corrected or removed and wholly or partially reconstructed by the city, or its instance, in such manner as in the opinion of the building inspector may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the provisions of this division and the direction of the building inspector.

All excavations in the streets and rights-of-way are declared to be wholly subject to the rules, regulations, directions and control of the city, and whenever, in the opinion of the building inspector, any such work shall not be in compliance herewith, the permit, and Section 6.2.5 of this division, then, upon written demand or notice from the building inspector, such owner and contractor shall promptly remedy, complete or fill the excavation all as the building inspector may require. All excavations made into any street or right-of-way shall be repaired to as good or better condition than such street, right-of-way or other property was in prior to such excavation. Any excavation located in or over the rights-of-way or streets within the city shall and does constitute a nuisance when maintained or permitted to exist by any person in an unwholesome or nauseous condition, or in a manner by which stagnant water accumulates, or in a manner in which water collects where it is possible and probable stagnant water accumulates, or in a manner in which water collects where it is possible and probable mosquitoes will breed, or in a condition where rats could harbor, or in a manner and condition constituting a breeding place for flies, or in a manner and condition where filth, garbage, trash, debris or other discarded material accumulates and is deposited, or is maintained or permitted to exist in an unfenced, open condition, accessible to children or other members of the public, or is maintained and worked in such a manner as to disturb, affect or destroy the lateral support of or block or otherwise impede traffic on any street, alley, road or right-of-way, or that is maintained or permitted to exist in any condition which constitutes a possible and probable medium of transmission of disease to or between human beings, or to be maintained or permitted to exist any one or more of the above-enumerated conditions.

The owner and contractor shall endeavor to minimize disruptions to the efficient use of the rights-of-way and streets by pedestrians and vehicular traffic, and the rights-of-way and streets shall not be blocked for a longer period than shall be reasonably necessary to execute all construction, maintenance and/or repair work. Prior to blocking any street or right-of-way, the owner and/or contractor shall obtain a permit as required herein.

The owner of any facility and person holding a certificate of occupancy, license or franchise shall be responsible for ensuring the continued maintenance, repair, removal of any nuisances and other such upgrades or repairs to maintain such facility in a safe and good workmanlike condition. Any vegetative growth interfering with such facilities that is determined by the building inspector to be a nuisance shall be removed, cut or cleared at the sole cost and expense of the owner of the facility or holder of the certificate of occupancy, license or franchise. Circumstances and conditions that impose an threat to the public health, safety or welfare shall be promptly remedied by the owner, and a known emergency condition that exists and is determined to require immediate attention so as not to reasonably allow for notice under this section may be immediately abated by the city, and notice of the abatement and costs for the expenses incurred will be forwarded to the owner or holder of the certificate of occupation, franchise or license for reimbursement to the city as required in Section 6.2.1.6.

The owner of facilities located within the rights-of-way or streets shall not trim any trees upon or overhanging the rights-of-way without first obtaining a permit as provided herein. All activities and costs necessary to protect and preserve the facilities from damage due to trees shall be the responsibility of the owner of such facilities.

In the case of fire, disaster, or other emergency threatening life or property, as determined by the city, the city may remove or repair only the part of the facility required to be removed or repaired to remove such threat; provided, however, the city shall first use its reasonable efforts to immediately notify the owner of such threat and allow the owner to remove or repair the part of the facility required to be removed or repaired to remove such threat. In such event, neither the city, nor any agent, contractor or employee thereof, shall be liable to the owner or its customers or third parties for any damages caused them or the facility, such as for, or in connection with, protecting, breaking through, moving, removal, altering, tearing down, or relocating any part of the facility.

The person in charge of this installation shall have a copy of the permit and its attachments on the job at all times. Deviations to the approved permit must have prior approval of the city.

The exact location of any utilities or facilities that may conflict with the proposed installation should be field verified by the installer during construction. The contractor will be responsible for verifying the location both horizontal and vertical of all affected facilities, whether by pot holing or hand digging, prior to any excavation or boring.

The slab shall be reinforced with six-inch by six-inch no. 6 wire mesh. The wire mesh shall be supported properly throughout the placement to maintain its position approximately equidistant from the top and bottom surface of the slab. (High Early) type III portland cement, making 2500 psi concrete at three days, or as directed by the city, shall be used. The slab shall be cured and closed to traffic as per state specifications. (This section shall not apply if 6 inches of asphalt is substituted for the concrete.)

If asphalt is not substituted, the concrete shall be thoroughly cleaned and a tack coat of asphalt shall be applied. Then hot mix asphaltic concrete (type D) as specified in item 340 of the state highway department manual shall be applied and compacted. If 6 inches of asphalt is substituted, the asphalt shall meet the foregoing specifications.

Ingress and egress at all private and public streets and drives will be provided at all times.

All excess excavation, materials, supplies, etc., shall be removed from the right-of-way after installation is complete and the right-of-way reshaped to its original section, including fertilizing, seeding and/or sodding as may be required when existing grass has been disturbed.

The owner, contractor and permittee will be responsible for any damage to the right-of-way or streets, including but not limited to the pavement structure, caused by settlement due to pavement cuts. Contractors are responsible for obtaining exact facility locations from all utilities prior to excavation. Such liability shall extend for a period of one (1) year from the date the repair of such pavement cut is completed.

Erosion control measures (i.e., silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins. The permittee shall be responsible for stormwater management erosion control that complies with city, state and federal guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, and barricade fencing around open holes, and high erosion areas will require wire-backed silt fencing.

Construction work to be accomplished on weekends, nights or holidays will proceed at the discretion of the building inspector; provided that emergency work required to be undertaken on weekends, nights, holidays and outside of normal business hours shall be undertaken and completed in compliance with this division, and the contractor shall obtain a permit therefor on the first business day following the date of such work.

The permittee, contractor or subcontractor shall notify the building inspector not more than twenty-four (24) hours after any damage to other utilities, facilities, or other appurtenances or property, whether public or private. Once a permit has been issued, the permittee must notify the building inspector at least forty-eight (48) hours prior to commencing any work or construction activity permitted in such permit.

The city assumes no responsibility for conflict with existing utility lines, pipelines, highway appurtenances or natural obstacles. Permittees, contractors and owners shall be responsible for the workmanship and any damages by a contractor or subcontractor.

A telecommunications company, network provider, or any other person or entity desiring to install network nodes, antennas, small cells, or other wireless services that are defined, described or otherwise governed by chapter 284, Texas Local Government Code; shall comply with the city Wireless Services (Small Cells) Design Manual, as it may hereafter be amended, and which is attached to Ordinance 2017-O-514 and incorporated into this section for all purposes.

Nonresidential and residential driveways shall comply with the following regulations:

Nonresidential driveways shall comply with the following regulations:

Residential driveways shall comply with the following regulations: