2022-034 - Amending Chapter 10 "Streets Parks & Other Places" Article 10.05 Streets and Sidewalks - add Division 8 Micro-TrenchingORDINANCE NO. ZQ22-034
AN ORDINANCE OF THE CITY OF PARIS, TEXAS AMENDING CHAPTER 10,
"STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES," ARTICLE
10.05, "STREETS AND SIDEWALKS," OF THE CODE OF ORDINANCES, CITY
OF PARIS, TEXAS TO ADD DIVISION 8, "MICRO -TRENCHING" TO PROVIDE
REGULATIONS AND SPECIFICATIONS FOR THE INSTALLATION OF
CONDUIT FOR FIBER OPTIC CABLE IN THE CITY'S RIGHTS OF WAY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas ("City") is charged with maintaining control of and
access to the public rights of way in order to protect the health, safety and welfare of its
citizens; and
WHEREAS, the City recognizes that the State of Texas has delegated to the City the
fiduciary duty, as a trustee, to manage the public rights of way for the health, safety, and
welfare of the public; and
WHEREAS, the practice of "micro -trenching," or laying cables such as fiber optics in
a narrow and shallow trench cut into roads and surfaces, has become standard practice in
the telecommunications industry as a more cost effective alternative to boring underground;
and
WHEREAS, micro -trenching can damage streets, roads, and rights of way and lead to
costly repairs which would be unnecessary but for said micro -trenching;
WHEREAS, the City Council wishes to encourage the deployment of fiber optic
telecommunications systems throughout the City while preserving the integrity of its streets,
roads, and rights of way; and
WHEREAS, in order to accomplish these somewhat competing goals, the City Council
believes it is in the best interest of the City and its residents to adopt minimum standards for
micro -trenching in the public rights of way;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. The facts and recitations set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The Code of Ordinances, City of Paris, Paris, Texas is hereby amended
by adding Division 8, "Micro -trenching" to Article 10.05, "Streets and Sidewalks," of Chapter
10, "Streets, Parks and Other Public Ways and Places" to read as follows:
Page 1 of 8
Division 8 Micro-trenchin . specifications
Sec. 10.05.300 Definitions
Conduit means equipment installed by means of micro -trenching to house fiber optic cabling.
Contractor means the person or business entity installing a micro -trench.
Duct means one enclosed pathway or pipe within a conduit.
Excavation means an activity that removes or otherwise disturbs soil, pavement, driveways,
curbs, or sidewalks in the right of way including micro -trenching and does not include
landscaping activity unless the activity removes or disturbs the paved portion of the right of
way.
Micro -trench means a trench with a width between 0.5 inches and 2.5 inches and a depth
between 16 inches and 24 inches.
Micro -trenching means a technique for installing conduit for fiber optics cable in narrow and
shallow trenches cut into roads and surfaces.
Project means the entire work sought to be performed regardless of the number of micro -
trenches, pavement cuts, or excavations.
Sec. 10.05.301 Permit required
(a) It shall be unlawful for any person to construct a micro -trench or to construct, install,
lay or maintain telecommunications conduits for fiber optic cable within the
boundaries of the right of way of any public street or ally within the corporate limits
of the city, or to all without first obtaining an excavation permit from the Department
of Planning and Community Development. A permit shall be required for each project.
Each days' violation of this division constitutes a separate offense. Violations are
punishable by a fine as set forth in Sec. 1.01.009 of this Code of Ordinances.
(b)—Required submittals with permit application. The following items shall be
submitted by the contractor to the City Engineer for approval prior to undertaking the
construction of any micro -trench:
1. A detailed site plan indicating the locations of proposed micro -trenching.
2. A typical micro -trench detail that includes the following information: The
maximum roadway thickness, base, depth and width of micro -trench,
location of micro -trench in roadway, depth of top -most conduit, and backfill
material.
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3. Detail showing conduit from main micro -trench alignment to lateral surface
connections including to any junction/pull box. Include specific information
of depth, size, and method of excavation below existing curb and gutter.
4. Submittal data for micro -trench backfill material and brief explanation of
reinstatement method.
5. Cut sheets of the proposed equipment particularly suitable for micro -
trenching, including:
A. Micro -trencher capable of meeting target depth and width in a single pass
with an integral hood and associated vacuum system.
Selection of cutting wheel shall be such that damage to the
adjacent roadway surface is minimized. PDC blades are
preferred to conical blades.
B. Mobile reinstatement machine for backfill placement with an on -board
vibrator and narrow trough to match micro -trench width.
C. Mobile ground penetrating radar system that is capable of locating both
metallic and non-metallic pipes and cables to a depth of 24 -inches.
D. If trenching in phases, completely detail phase plan for review.
E. The contractor shall clearly mark the exact location of the micro -trench
and all features, as determined by the site plan, prior to any trenching.
Trenching is only allowed after the marks have been reviewed and
approved by the City.
F. Other site-specific items as required by the City Engineer.
Sec. 10.05.302 General
(a) Micro -trenching shall only be used to install telecommunication conduits and
fiber optic cable.
(1) The location of existing buried utilities, if shown, are approximate only.
Licensee shall be responsible for locating and protecting all buried utilities,
including service connections in the field. The contractor shall contact each
utility company ahead of performing the work (with Texas811 at least 48
hours prior to start of work at 8-1-1, or toll-free at 1-(800) 334-8377) and
request the utility locate its lines. Failure of the utility to locate, or improper
location by the utility, shall not result in additional cost to the city. The
contractor shall further supplement the findings of Texas811 to determine the
exact locations and depths of all utilities by using a mobile ground penetrating
radar system. The contractor shall pothole all crossing utilities and parallel
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utilities within 18 -inches of the proposed alignment to a depth of 6 -inches
below the bottom of the micro -trench, to determine the existing utility
alignment and elevation. Potholes will be sawcut as necessary to hand dig or
core drill and vacuum. Potholes shall be immediately backfilled and
compacted in accordance with the specifications or restored as directed by the
City Engineer.
A. For potholes in asphalt concrete and asphalt-overlayed-concrete streets,
backfill shall be flowable backfill (as per specifications) above the pipe or
conduit to the bottom of the existing asphalt. The hole shall be capped to
match the thickness of existing asphalt with Hot -Mixed Asphaltic Concrete
surface per specifications.
B. For potholes in concrete streets, backfill shall be flowable backfill (as per
specifications) above the pipe or conduit to the bottom of the existing
concrete. Existing Concrete around the hole shall be dowel -rodded, with a
minimum of 8 inches into and out of the pavement. The hole shall be capped
to match the thickness of the existing concrete with Concrete Pavement per
specifications.
C. For potholes in unpaved areas, backfill shall be native material,
compacted in 8" loose lifts.
(2) If existing utilities are damaged, the contractor shall immediately notify the
inspector, City Engineer, and the city to perform the repairs promptly
according to their requirements. All of the city's utilities damaged by the
contractor shall be repaired by the contractor at its expense. Materials used
in repair of utilities shall conform to these specifications. The contractor shall
notify any utility customer in advance of shutting -off their utility service.
Existing water and sewer lines damaged shall be repaired within 4 hours on
the day damaged. The city shall operate its existing water valves in his
system. However, the city does not guarantee 100% shut-off of existing water
lines.
10.05.303 Limits of removals, trench width, and location
(a) Micro -trenches are only allowed on streets of good condition, as determined by the
Public Works Director and City Engineer on a case-by-case basis.
(b) The location of micro -trenches is determined by the specifics of the edge of the
pavement.
(1) In an Asphalt/ Concrete street with curb and gutter: Cut trench in the
asphalt/concrete at the edge of the gutter line (on the street side). See Detail
1 in Sec. 10.05.307.
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(2) In an Asphalt/Concrete street with ONLY curb: Cut trench 18" off the curb face.
See Detail 2 in Sec. 10.05.307.
(3) In Asphalt/Concrete street with NO Curb: cut trench 18" off edge of pavement.
See Detail 3 in Sec. 10.05.307.
(c) The micro -trench shall be constructed with continuous uniform straight and neat
edges.
(d) Micro -trench alignments shall consist of runs parallel to the centerline of the street.
Street crossing may be done provided the alignment is perpendicular to the street
centerline to the extent possible.
(e) The micro -trench width shall be a minimum of 0.5 -inches and a maximum of 2.5 -
inches.
(f) Up to two (2) vertically stacked conduits can be placed within a micro -trench.
(g) The top of the highest conduit shall be installed at a minimum depth of 12 -inches
below the existing pavement surface, and at least 1 -inch below the bottom of the
asphalt or concrete pavement.
(h) The bottom of the micro -trench shall have a minimum depth of 16 -inches and a
maximum depth of 24 -inches.
(i) Micro -trenching may be permitted on special pavements such as decorative asphalt
paving, and through existing improvements such as perpendicular to speed bumps,
as determined by the Public Works Director or City Engineer. Special pavements and
existing improvements shall be restored in kind as approved.
Sec. 10.05.304 Backfill
(a) All backfill material and sealer specifications must be approved by the city prior to
use.
(b) All micro -trenches shall be completely backfilled with MK1 Services' 600 FP or Corbel
Communications Industries "Corbel Trench Fill" proprietary micro -trench
reinstatement material or approved equal, to finish grade by the end of the workday.
Alternative backfill must be approved by the city prior to use, and will meet the
following specifications:
(1) Meeting or exceed the strength of the material it is replacing
Page 5 of 8
(2) Not allowing cracking, separation from the street, or general water permeability to
avoid conduit floatation.
(c) All micro -trenches and potholes must be backfilled by the end of the workday. No
trench will be allowed to be open overnight.
Sec. 10.05.305 Vaults and service connections
(a) Connection to service laterals, junction boxes, etc., shall be done such that curb and
gutter is not disturbed, settled, or damaged. Removal limits of sidewalk shall follow
applicable standards and requirements as approved by the City Engineer.
(b) If sawing through curb, gutter, and sidewalk, right of way user shall utilize existing
joints as much as possible. When restoring curb, gutter, and sidewalk cuts, an
approved backfill and/or concrete joint sealant shall be placed in the joint.
(c) A utility locate marker shall be placed at each curb cut. This marker shall identify the
utility and ensure others have the ability to locate the facilities for future repairs or
routine maintenance and protect against accidental dig -ins.
(d) Splice cases and fiber coils for future services, if any, shall be placed immediately
behind the curb at a minimum depth of 8". Where sidewalk is at back of curb, splice
cases and coils shall be placed at the back of sidewalk.
(e) The use of hydro -jetting is not permitted. Trenchless methods shall not create a void
two times greater than conduit. Void shall be compacted and backfilled with approved
material. The contractor shall coordinate with the city on the type of backfill material
to be used prior to construction. The city shall inspect all trenchless construction
prior to completion.
Sec. 10.0 5.306 Identification
Each micro -trench shall be identified with a metal identification tag listing the city, year of
construction, and include the words "Not a survey point." If the work is more than 50 feet in
length, the contractor shall place the tag near each end of the micro -trench and at intervals
not to exceed 50 feet.
Sec. 10.05.307 Site Cleanup
(a) Spoils shall be vacuumed during trenching process and hauled away by the
contractor.
(b) Pavement reinstatement shall be level with adjacent roadway elevations and shall
provide a smooth surface, subject to acceptance by the inspector..
Page 6 of 8
(c) At the conclusion of the work, all tools, temporary structures, and materials belonging
to the contractor shall be promptly removed. All rubbish and other foreign substances
shall be removed from the project site and satisfactorily disposed of. All job sites,
including streets, rights of way, roads, and areas used by the contractor shall be left
in a clean, neat condition satisfactory to the city. The city's representative may also
require clean-up of the job site or easements and rights of way periodically during the
progress of work."
Section 3. In addition to Secs. 10.05.300-10.05.306, Sec. 10.05.307, "Micro -trench
details for pavement with curb and gutter," is hereby adopted, which Sec. 10.05.307 shall
comprise the engineering drawings attached hereto as Exhibit A which are incorporated
herein by reference.
Section 4. Repeal. All ordinances or parts of ordinances in conflict herewith, if any,
shall be and are hereby repealed only to the extent of such conflict.
Section S. Penalty. Any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of Chapter One of the City of Paris Code of Ordinances, and each
and every day's continuance of any violation of the above -enumerated sections shall
constitute and be deemed a separate offense.
Section 6. Severability. In the event any clause, phrase, provision, sentence or part of
this Ordinance or the application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision
hereof, other than the part declared to be invalid or unconstitutional; and the City Council of
the City of Paris, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 13th day of June, 2022.
�7
Paula Portugal, Mayor
ATTEST:
ce Ellis, City Clerk
Page 7 of 8
APPROVED AS TO FORM:
N
Step lani H. Harris, City Attorney
Page 8 of 8
DETAIL 1: Micro -trench Detail for Pavement with Curb and Gutter
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