§ 5.3-2. Registration and construction permits.

No person shall commence or continue with the construction or installation of any structure within the rights-of-way of the city except as provided by this chapter, or as provided by other city permits or written agreements with the city.

(a)

Registration required . All users of the right-of-way must register annually with the City of Diboll. Registration and permits will be issued in the name of the person who will own the facilities. Registration shall include:

(1)

The name of the user of the right-of-way;

(2)

The name, address, and telephone number of people who will be contact person(s) for the user;

(3)

The name(s) and telephone number of an emergency contact who shall be available twenty-four (24) hours a day;

(4)

The location, including exact coordinates, of all structures located in the rights-of-way; and

(5)

A description of each structure located in the rights-of-way.

(b)

Construction permit required . Unless otherwise provided by this chapter, no person shall perform any construction or installation of structures in the right-of-way without first obtaining a construction permit. The permit will be in the name of the person who will own the proposed structures. The permit must be completed and signed by a representative of the owner of the proposed structures. The permit shall state to whom it is issued, location of work, location of proposed structures, estimated dates and times the work is to take place and any other conditions set out by the city manager or his/her designee, or other decision-making body when applicable.

(1)

Permit information required . The person requesting a permit will provide the city manager or his/her designee with documentation describing:

a.

The proposed, approximate location and route of all structures to be constructed or installed and the applicant's plan for right-of-way construction.

b.

Engineering plans provided on a drawing scale not smaller than one (1) inch equals one hundred (100) feet unless otherwise approved by city manager.

c.

Description of all existing public and private utilities in close proximity to applicant's proposed route.

d.

Description of the applicant's proposed installation, such as pipe size, number of interducts, valves, etc.

e.

Description of plans to remove and replace pavement or drainage works in streets. Plans submitted must conform to City of Diboll standard construction requirements.

f.

Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc. including depth.

g.

Manholes of the type applicant plans to use or access.

h.

Complete legend of drawings submitted by applicant, which may be provided by reference to previously submitted documents.

i.

Three (3) sets of engineering plans must be submitted with permit application.

j.

The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the estimated dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the city manager or his/her designee; and

k.

Proof of insurance or net worth as required.

(2)

Access to site . All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The city manager or his/her designee shall be provided access to the work and to such further information as may reasonably be required to ensure compliance with the permit.

(3)

Plans at site . A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city manager or his/her designee at all times when construction or installation work is occurring.

(4)

Timeliness . All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed in the specified time periods, the permittee may request an extension from the city manager or his/her designee.

(5)

Insurance and bonds .

a.

An applicant must provide proof of liability insurance in the amount of one million dollars ($1,000,000.00), as approved by the city manager or his/her designee. Such requirements may be waived by the city manager or his/her designee, if the applicant provides acceptable evidence of self-insurance backed by assets equal to but not less than a net worth in the amount of at least five million dollars ($5,000,000.00) as approved by the city manager or his/her designee and the director of financial services or his/her designee.

b.

The coverage provided shall be on an "occurrence" basis and shall include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion, and collapse hazards.

c.

Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits.

d.

The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts.

e.

Applicant shall file a surety bond from a surety company authorized to do business in the State of Texas in the amount of fifteen thousand dollars ($15,000.00) to guarantee the restoration of the right-of-way in the event the applicant leaves a job site in the right-of-way unfinished, incomplete, or unsafe. Such requirement for a surety bond may be waived by the city manager or his/her designee upon a showing of financial responsibility by the applicant.

(6)

Approval . Unless otherwise provided by this chapter, requests for permits shall be approved or disapproved by the city manager or his/her designee within a reasonable time of receiving all the necessary information. The city manager or his/her designee shall use his/her best efforts to approve or disapprove a request for permit as soon as possible.

(7)

Pre-construction meeting . The city manager or user may request a pre-construction meeting.

(c)

Exception to construction permit and registration requirement . The following activities shall not be required to obtain a permit under this chapter.

(1)

Emergencies . Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however, the city manager must be notified in writing within two (2) business days of any construction related to an emergency response. A reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities moved shall be provided as soon as practicable.

(2)

Routine maintenance . Except as specifically provided otherwise by this chapter, the installation of structures necessary to initiate utility, water, wastewater or other service to a customer's property or the repair or maintenance of existing structures, unless such repair or maintenance requires the breaking of pavement, excavation in the right-of-way, or the closure of a public traffic lane for greater than two (2) hours, are not required to obtain a permit under this chapter.

(Ord. No. 2017-08-002, § II, 8-31-17)