DEPARTMENT: Transportation & Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, P.E.
COUNCIL DISTRICT(S) IMPACTED: Citywide
SUBJECT:
Proposed Revisions to Chapter 29 of the Municipal Code
SUMMARY:
An ordinance approving revisions to Chapter 29 of the Municipal Code which governs right-of-way management regulations to manage construction, excavation, and placement of utilities.
BACKGROUND INFORMATION:
On January 25, 2001, City Council new sections of Chapter 29-106 through 29-204 of the City’s Municipal Code. Chapter 29 was last amended in 2008. Chapter 29 of the Municipal Code governs right-of-way management regulations to manage construction, excavation, and placement of utilities.
This ordinance will revise Sections 29-107 and 29-120 of Chapter 29 of the Municipal Code. The purpose of this Ordinance is to revise outdated language, provide clarifications and include language which provides staff with the ability to enforce signage at the job site and on person identification for work occurring in the City’s right-of-way.
Section 29-107(cc and ii) are being revised to amend two definitions:
• Section 29-107(cc): “Right-of-Way (ROW) User” has been amended to include utilities and contractors that use public right-of-way for purposes of work, excavation, provisions of services, and to install, construct, maintain, and repair facilities.
• Section 29-107(ii): “Utility” has been amended to capture the type of communications services that use facilities located within the right-of-way, including mobile services, telecommunications services, information services, cable services, and video services.
Section 29-120(a) is being revised to provide proper documentation:
• Section 29-120(a) has been amended to require that any right-of-way user engaged in making or backfilling any excavation must show the permit, or a copy thereof, to the right-of-way manager or designee.
• Section 29-120(a) is also being revised to provide that an approved traffic control plan, if applicable, must be maintained at the job location; sets out the information that must be included on signs maintained at permitted job locations; and provides that employees and contractors engaged in carrying out permitted work shall have on their person an identifier of the utility for whom the permitted work is begin performed.
ISSUE:
This ordinance approves revisions to Chapter 29 of the Municipal Code which governs right-of-way management regulations to manage construction, excavation, and placement of utilities and will become effective upon approval of this ordinance.
Proposed changes include the revision and update of definitions, identifies city staff that must be allowed to view a permit at job locations, sets out the information that must be included on signs maintained at permitted job locations, and establishes that employees and contractors engaged in carrying out permitted work shall have on their person a conspicuous identifier of the utility for whom the permitted work is being performed. If approved, changes will become effective upon approval of the ordinance.
ALTERNATIVES:
City Council could choose not to approve this item; however, this would not allow the implementation of multiple improvements and efficiencies in city staff’s management of the right-of-way.
FISCAL IMPACT:
With this action, revisions to Chapter 29 of the Municipal Code will not have an impact to associated right-of-way fee amounts.
RECOMMENDATION:
The Department of Transportation & Capital Improvements has coordinated with the Office of the City Attorney, Development Services Department, Information Technology Services Department, San Antonio Water Systems, CPS Energy, AT&T, and Google to obtain feedback and streamline existing policies.
Staff recommends City Council’s approval of this ordinance to amend Sections 29-107 and 29-120 of Chapter 29 of the Municipal Code.