O-2013-3465 Right-of-Way Ordinance and Utility Permit Process

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operating under a franchise with the City outside regular working hours when reasonably required to minimize the impact on traffic, for the convenience of the general public or to prevent an economic hardship for a resident or business located in the City. Non -emergency work proposed to be performed outside of the regular working hours by a non -franchised Utility must be approved by the Director. The Director may further restrict work hours where there are public convenience and/or safety concerns such as lane closures in a high traffic or high accident area, or along school student drop-off/pick-up areas. Sec. 62-114. Confidentiality. All applications accepted for filing shall be made available by the City for public inspection. However, if plans of record submitted in an application include information expressly designated by the Applicant as a trade secret or other confidential information protected from disclosure by state law, the Director may not disclose that information to the public without the consent of the Applicant, unless otherwise compelled by an opinion of the Attorney General of the State of Texas pursuant to the Texas Open Records Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize an Applicant to designate all matters in its application as confidential or as trade secrets. If the City receives a request pursuant to the Texas Open Records Act for information designated as a trade secret or confidential information by the Applicant, the City will promptly notify the Applicant of such request. If deemed appropriate and necessary by the City, the City will request an opinion from the Texas Attorney General as to whether the requested information may be withheld. The Applicant shall be responsible for supporting its claim of confidentiality. Sec. 62-115. Impairing of Drainage -Generally. It shall be unlawful for any Person to willfully fill a drainage ditch, culvert or gutter along, or under a street or in any manner to obstruct the free or natural flow of water along or through such ditch, culvert or gutter. It shall also be unlawful for any Person in laying down or repairing water, gas, sewer or other service pipes, to leave any street, alley, drainage ditch or gutter in such condition as to impair the drainage of the street, alley, drainage ditch or gutter at any time. Sec. 62-116. Public Improvements. (a) Whenever it shall be deemed necessary by city council to extend, construct, maintain, repair or reconstruct public infrastructure for Public Works Projects including, but not limited to, street and sidewalk grading and construction, traffic control devices, water, sewer and drainage ways for the general preservation and protection of the health, safety and welfare of the public with the Utility's Facilities to be relocated at no expense to the City except that the City IN