§ 31-281. Registration and construction permits.

(a)

Registration. In order to protect the public health, safety and welfare, all users of the right-of-way will register with the City of Galveston. Registration and permits will be issued in the name of the person who will own the utilities. Registration must be renewed every five (5) years. For utilities with a current franchise or license, the franchise or license will be evidence of renewal. If a registration is not renewed and subject to sixty (60) day notification to the owner, the facilities of the user will be deemed to have been abandoned. When any information provided for the registration changes, the user will inform the City of Galveston of the change no more than thirty (30) days after the date the change is made. Registration shall include:

(1)

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

(2)

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

(3)

The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the user;

(4)

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

(5)

Proof of insurance and bonds:

a.

An applicant must provide acceptable proof of liability insurance in the total amount of six million dollars ($6,000,000.00); one million dollars ($1,000,000.00) primary plus five million dollars ($5,000,000.00) umbrella or other provisions as acceptable to the risk manager.

b.

The coverage must be on an "occurrence" basis and must 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 cancelling, 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 an annual surety bond which will be valid each year construction will occur through one (1) full year after the completion of the construction from a surety company authorized to do business in the State of Texas in the amount of the estimated amount of the cost to restore the right-of-way for the work anticipated to be done in that year, in the event the applicant leaves a job site in the right-of-way unfinished, incomplete or unsafe.

f.

The above requirements may be met by utilities with a current franchise or license if their current franchise or license adequately provides for insurance or bonds or provides an indemnity in favor of the city.

(b)

Construction permits.

(1)

No person shall perform any construction or installation of facilities in the right-of-way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the facilities to be constructed. The permit must be completed and signed by a representative of the owner of the facilities to be constructed.

a.

Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however the public works department should be notified in writing within two (2) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and an updated map of any facilities that were relocated, if applicable.

b.

The phrase "construction or installation of facilities" does not include the installation of facilities necessary to initiate service to a customer's property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement, the closure of a nonresidential traffic lane; excavation or boring.

(2)

The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other condition set out by the city engineer.

(3)

The person requesting a permit will provide the city engineer with documentation in the format specified by the public works department describing:

a.

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

b.

Engineering plans which will be on scale of one (1) inch equals fifty (50) feet unless otherwise approved by the city engineer;

c.

Detail of the location of all right-of-way and utility easements which applicant plans to use;

d.

Detail of all existing city utilities in relationship to applicant's proposed route;

e.

Detail of what applicant proposes to install, such as pipe size, number of interducts, valves, etc.;

f.

Detail of plans to remove and replace asphalt or concrete in streets (include City of Galveston standard construction details);

g.

Drawing of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc., including depth located in public right-of-way;

h.

Handhole and/or manhole typical of type of manholes and/or handholes applicant plans to use or access;

i.

Traffic control plan for any construction in the street pavement or which otherwise affects traffic. Traffic control plan shall be in full conformance with the Manual of Uniform Traffic Control Devices;

j.

Complete legend of drawings submitted by applicant;

k.

Five (5) sets of engineering plans must be submitted with permit application;

l.

The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual with the contractor who will be available at all times during construction. Such information shall be required prior to the commencement of any work;

m.

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 dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the city engineer;

n.

A statement that the insurance requirements are met.

(4)

All construction and installation in the right-of-way shall be in accordance with the permit for the facilities. The city engineer shall be provided access to the work and to such further information as he or she may reasonable require to ensure compliance with the permit.

(5)

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 engineer at all times when construction or installation work is occurring.

(6)

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 engineer, who will use his best efforts to approve or disapprove a request for permit as soon as possible.

(7)

A copy of any permit or approval issued by federal or state authorities for work in federal or state fight-of-way located in the City of Galveston if requested by the city engineer.

(8)

A request for a permit must be submitted at least ten (10) working days before the proposed commencement for work in the request, unless waived by the city engineer.

(9)

Requests for permits will be approved or disapproved by the city engineer within a reasonable time of receiving all the necessary information. City engineer will use his/her best efforts to approve or disapprove a request for permit as soon as possible.

(10)

The city engineer or the applicant may request a pre-construction meeting with the permittee and their construction contractor.

(11)

Permit applications are required for construction of new, replacement, or upgrading of the company's facilities in the right-of-way either aerial or underground.

(Ord. No. 00-048, § 2 (part), 6-8-00)