City implements more stringent rules to manage utilities in the right-of-way

TYLER – The City Council approved new regulations to manage utilities in the City’s Right-of-Way (ROW) and easements on Wednesday, June 28. The updated Chapter 15 Code of Ordinance Article VI includes provisions for ROW cleanliness, removing old and abandoned facilities, and insurance and bonding requirements. The amendments are needed to reduce resident complaints and ensure the removal of unused poles and boxes and set more permitting requirements.

“The new requirements aim to ensure the safety of residents and existing water, sanitary sewer, storm sewer facilities, and other utilities within the ROW,” said City Engineer Darin Jennings. “The updates will provide clearer and more comprehensive guidelines for regulating utilities within the ROW.”

Under the new ordinance, franchises must notify property owners of work that will affect their property. Door hangers will be required to be placed on residential doors three days before work begins and five days in advance for businesses. The hanger will include the franchise name, type of work, work schedule, and contact information. If irrigation, water, sewer, or drainage lines are struck, the franchise must notify the property owner and repair the damages within 24 hours. This includes replacing or restoring damaged vegetation, landscaping, and shrubs.

Companies will also be required to repair streets and City infrastructure to the standards of the City Code. Brick Street pavement will only be removed with written approval from the City Engineer. Additionally, franchises must keep excavation sites clean and litter-free, and storm drains and gutters must be protected from silt and debris. Companies must have a representative on-site who can communicate with the City.

The original ordinance, drafted in December 2002, needed more guidance for franchise construction. Due to the recent surge in internet and fiber optic franchise expansions into Tyler, the City has issued 130 percent more ROW permits since Fiscal Year (FY) 2021-2022.

Franchises that violate the ordinance shall be deemed guilty of a misdemeanor and subject to a fine of up to $2,000 according to State law and this Ordinance.