Title 11
PUBLIC WORKS DEPARTMENT
This title has been amended by the following: 20855, 21207, 21282
- CHAPTER 1. PUBLIC WORKS DEPARTMENT AND DUTIES
- CHAPTER 2. PROTECTIVE INSPECTIONS
- CHAPTER 3. TRAFFIC ENGINEERING
- CHAPTER 4. PUBLIC IMPROVEMENTS
- CHAPTER 5. STREET, BLOCK AND HOUSE NUMBERING
- CHAPTER 6. GRADES OF STREETS AND ALLEYS
- CHAPTER 7. CLOSING OF PUBLIC WAYS AND EASEMENTS
- CHAPTER 8. CONSTRUCTION ON OR OVER STORM SEWER EASEMENTS
- CHAPTER 9. STREET MAINTENANCE
- CHAPTER 10. STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION
- CHAPTER 11. PREQUALIFICATION OF CONTRACTORS
- CHAPTER 12. RIGHTS-OF-WAY OCCUPANCY MANAGEMENT
- CHAPTER 13. BLASTING REGULATIONS
- back to top
CHAPTER 1
PUBLIC WORKS DEPARTMENT AND DUTIES
Section 100. Definitions.
Section 101. Public Works Department.
Section 102. Office of Director of Public Works.
Section 103. Duties of the Director of Public Works.
Section 104. Records.
Section 105. Monuments and Bench Marks.
Section 106. Interference with Public Works Functions.
Section 107. Duties in Laying Tracks.
Section 108. Right of Entry.
Section 109. Penalty.
SECTION 100. DEFINITIONS
A. Director. Unless otherwise specified, for purposes of this title "Director" shall
mean the duly appointed Director of Public Works and/or his designated representative.
B. City Engineer. For all purposes of the Revised Ordinances of the City of
Tulsa, "City Engineer" shall mean the duly appointed Director of Public Works and/or his
designated representative; and the Director of Public Works or his designated
representative shall perform the duties assigned to the City Engineer in the Revised
Ordinances of the City of Tulsa and in the statutes of the state of Oklahoma.
Ord. No. 17285
SECTION 101. PUBLIC WORKS DEPARTMENT
There is hereby created a Public Works Department of the City of Tulsa whose
responsibilities shall include engineering, management of waterworks and sewerage,
stormwater management, solid waste management, transportation, street maintenance,
traffic engineering, protective inspections, facilities maintenance, and such other
responsibilities as may be assigned to the department.
Ord. No. 17285
SECTION 102. OFFICE OF DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall be a registered professional engineer under the
laws of the state of Oklahoma and qualified to practice the profession of engineering
within the state. The Director shall be appointed by the Mayor and shall be in charge of
the Public Works Department with the power and authority to hire such assistants as he
may deem necessary for the efficient operation of the Department and to suspend or
discharge any such assistants, all subject to the provisions of the Charter of the City of
Tulsa.
Ord. Nos. 3967, 17285
SECTION 103. DUTIES OF THE DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall perform such duties as may be required of him
by the laws of the state of Oklahoma and the Charter and Revised Ordinances of the City
of Tulsa, and he shall perform such other duties in the various departments of the City
government as may be assigned to him. It shall be the duty of the Director to inform
himself concerning all provisions of the Charter and Revised Ordinances of the City of
Tulsa directly affecting the operation and duties of the Public Works Department; the
repair and improvement of all streets, alleys, and public grounds; the maintenance and
operation of public buildings and grounds; the building, electrical, plumbing, boiler,
mechanical, and other codes and regulations governing private construction and
operation; the street lighting system; the design and construction of storm sewers; the
design, construction, extension, improvement, management, maintenance and operation
of the waterworks and sewerage systems; the management of solid waste; and the
management of stormwater drainage, as specified in the Revised Ordinances of the City
of Tulsa.
It shall be the duty of the Director of Public Works to establish all street, sidewalk
and alley grades; to prepare the plans, estimates, and specifications for all public
improvements and to supervise their construction, except where such duties are
otherwise designated by Charter or Ordinance; to inspect the installation of all sidewalks,
driveways and other improvements upon public streets, and alleys and property; to
supervise the management of stormwater drainage, solid waste, and the waterworks and
sewerage systems of the City as specified in the Revised Ordinances of the City of Tulsa;
to make such investigations, studies and reports as may be authorized; to give technical
advice and assistance to all departments of the City government; and to make records in
his office available for information to the public.
Ord. Nos. 5735, 17285
SECTION 104. RECORDS
It shall be the duty of the Director to provide in his office and make available for
public information the following records:
A. A map or maps with supporting documents showing the location, size,
elevations and other pertinent data relative to the existing storm sewer system of the City;
B. Copies of the survey, plans, profiles, specifications and estimates of all public
improvements under his jurisdiction; and
C. The record of all datum planes, street grades, sidewalk grades, elevations
and the surveys of all streets, alleys, avenues and other real estate belonging to the City.
Ord. Nos. 5735, 17285
SECTION 105. MONUMENTS AND BENCH MARKS
In the course of establishing land lines and elevations in the construction of public
works, and at such other times as he may deem advisable, the Director shall install
permanent monuments accurately marking or referencing the location of land lines and
intersections thereof, construct permanent bench marks accurately determining the
elevations thereof, and record and make available in his office for information to the public
all data relative to such monuments and bench marks.
Ord. No. 17285
SECTION 106. INTERFERENCE WITH PUBLIC WORKS FUNCTIONS
It shall be unlawful for any person or persons to interfere or to permit any person
or thing to interfere in any way whatsoever with the Director or his assistants while they
are engaged in work pertaining to their offices, or to remove, tear down, obliterate, or
permit the removal, tearing down or obliteration of any stakes, markers, corner stones,
bench marks, monuments or other things placed within the corporate limits of the City by
the Director or his representatives.
Ord. Nos. 204, 17285
SECTION 107. DUTIES IN LAYING TRACKS
No street car, interurban or railway track shall be laid upon, over, or across any
street, alley or public place in the City, and no portion of any street, alley or public place,
which is traversed or crossed by any track or tracks which is required by law, franchise or
grant to be paved by the owner or owners of such track or tracks, shall be paved, except
under the supervision and direction of the Director and in accordance with plans and
specifications of the City.
Ord. No. 17285
SECTION 108. RIGHT OF ENTRY
The Director and his assistants shall have the right, as allowed by law, to enter in
and upon any grounds or premises within the City for the purpose of investigating any
matter within the scope of the duties of the department.
Ord. Nos. 47, 17285
SECTION 109. PENALTY
Unless otherwise provided herein, any person violating any of the provisions of
this chapter shall be guilty of an offense and upon conviction thereof shall be punished
by a fine of not more than FIVE HUNDRED DOLLARS ($500.00), including costs, for each
and every separate offense. Each day a violation is continued shall constitute a separate
offense.
Ord. Nos. 16530, 17285
back to topCHAPTER 2
PROTECTIVE INSPECTIONS
Section 200. Duties of the Director of Public Works.
Section 201. Waiver of Permit and Inspection Fees.
SECTION 200. DUTIES OF THE DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall discharge the duties imposed by the provisions
of the protective codes and Revised Ordinances of the City of Tulsa, including those duties
enumerated herein. He shall:
A. Supervise and direct the protective inspections programs of the City;
B. Supervise and direct the administration of the building, property
maintenance, plumbing, electrical, mechanical, and sign codes of the City;
C. Supervise, coordinate, and direct inspectors and their assistants in the
enforcement of the codes which relate to protective inspections;
D. Supervise and direct the interpretation by the inspectors of the protective
codes and the Revised Ordinances of the City of Tulsa;
E. Recommend, from time to time, revisions of and amendments to the
protective codes which are necessary and desirable for protection of the public health and
safety; and
F. Develop and administer public information programs to inform citizens of
the provisions of the protective codes of the City of Tulsa.
Ord. No. 17285
SECTION 201. WAIVER OF PERMIT AND INSPECTION FEES
Fees for zoning clearance, building, electrical, mechanical or plumbing permits or
inspections on any building or construction done in accordance with the provisions of the
Home Investment Partnership Act ("HOME"), 42 U.S.C. §§ 12701, et seq., shall not be
collected if:
A. The building or construction is performed by certified Community Housing
Development Organizations ("CHDOs"); and
B. Urban Development Department ("UDD") certifies:
1. The applicant for fee waiver is a City designated CHDO; and
2. The waiver of fees will generate matches under the provisions of HOME; and
3. The building or construction is a HOME-assisted project in conformance with
the City’s Consolidated Plan.
Waiver of fees as described above shall not constitute a waiver of any provision in these
Revised Ordinances which requires the issuance of such permits or the performance of
specified inspections.
Ord. No. 18847
back to topCHAPTER 3
TRAFFIC ENGINEERING
Section 300. Traffic Engineering Duties.
Section 301. Appeals.
Section 302. Parking Investigators.
Section 303. Meter Hoods.
SECTION 300. TRAFFIC ENGINEERING DUTIES
The Director of Public Works is authorized and empowered to:
A. Place and maintain traffic control devices;
B. Designate cross-walks, safety zones and traffic lanes as may be deemed
necessary to protect the safety and welfare of the citizens of the City;
C. Determine those intersections at which drivers of vehicles shall not make a
right or left turn, place proper signs at such intersections and, when appropriate, place
marks, buttons or signs within or adjacent to intersections indicating the course to be
traveled by vehicles turning at such intersections;
D. Determine the location of passenger zones and freight-loading zones, and
place and maintain appropriate signs or markings indicating such zones and stating the
hours during which the provisions of this section are applicable;
E. Determine the necessity for and the most feasible location of taxicab stands;
F. Determine the necessity for and the most feasible location for bus stops;
G. Determine and establish passenger common carrier stands in such places
and in such numbers as shall be of the greatest benefit and convenience to the public;
H. Determine and establish "No Parking Zones" upon any street adjacent to
school property when parking in such zones would interfere with traffic or create a
hazardous situation;
I. Determine, designate and establish one-way streets, avenues and roadways
within the City and erect appropriate signs providing notice thereof;
J. Administer all phases of a comprehensive program of street lighting;
K. Make regulations necessary to enforce the provisions of the Revised
Ordinances of the City of Tulsa pertaining to traffic control, and make and enforce
temporary regulations to cover emergency or special conditions;
L. Make temporary experimental rules regulating traffic or testing traffic control
devices under actual conditions of traffic; provided, however, that no such experimental
rule regulating traffic shall remain in effect for more than ninety (90) days; and
M. Enforce the provisions of Stopping, Standing and Parking Regulations of the
Traffic Code of the City.
Ord. Nos. 14297, 17285
SECTION 301. APPEALS
Any person, firm or corporation aggrieved by any regulation, rule or order issued
under authority of the Director may appeal to the governing body of the City, and upon
proper hearing the governing body of the City, as it deems necessary and for good cause,
may nullify or modify any regulation, rule or order issued by the Director.
Ord. Nos. 6181, 17285
SECTION 302. PARKING INVESTIGATORS
A. Traffic citations for violations of the penal provisions of the Stopping,
Standing and Parking Regulations of the Traffic Code of the City may be issued by those
employees of the Public Works Department classified as Parking Investigators. Police
power is conferred upon Parking Investigators subject to the limitations herein prescribed.
B. The citations shall be of such form and substance to be acceptable to invoke
the jurisdiction of the Municipal Court, and shall contain sufficient information to advise
the person so charged of the title and section of the Revised Ordinances of the City of
Tulsa which is alleged to have been violated and how the alleged violation may be
contested.
C. Parking Investigators shall carry, at all times during the performance of their
duties, identification of their authority; and they shall exhibit such identification upon
request when conducting their duties of code enforcement.
D. Parking Investigators shall wear such uniforms as may be approved by the
Director.
E. Parking Investigators are not authorized to physically subdue nor take into
custody any alleged violator unless accompanied by a regular police officer or peace
officer.
F. Parking Investigators are not authorized to carry any type of firearm in the
performance of their duties.
G. Parking Investigators are not authorized, under any circumstances, to accept
money, cash, checks, money orders, or anything of value in payment of a fine.
H. Nothing contained in this section shall in any way detract from nor diminish
the powers and authority of the Tulsa Police Department to enforce the provisions of the
Tulsa Revised Ordinances.
Ord. Nos. 14298, 17285
SECTION 303. METER HOODS
Any person, firm, or corporation desiring to have a parking meter temporarily
hooded shall file an application with the Director stating the location of the meter, the
reason for the hooding, and the type of hood requested. If the Director determines that
the requested hooding is justified, he may hood the meter upon the advance payment by
the applicant of a fee in the amount of Five Dollars ($5.00) per meter for the first day that
the meter is to be hooded, plus Three Dollars ($3.00) per meter for each additional day or
portion of a day that the meter is to be hooded.
The Director shall consider the following factors in determining whether a meter
hood is justified:
A. Whether the hooding will benefit the orderly control of traffic on the public
streets;
B. Whether the hooding is required to temporarily provide increased access to
adjacent property; and
C. Whether the hooding is required to temporarily accommodate special uses
of the public right-of-way which are of general benefit to the public at large.
Any person who objects to the grant or denial of a meter hood application by the
Director may file a written protest with the governing body of the City setting forth the
reasons for the objection. Each protest will be promptly reviewed by the governing body
of the City at its next available meeting to determine whether a meter hood is justified.
Nothing in this section shall be construed to prohibit the Director from hooding
meters when he determines that such hooding is in the best interest of the public safety
or convenience, nor shall it prevent the hooding of meters by licensed funeral directors
in accordance with the provisions of the Traffic Code of the City.
Ord. Nos. 14571, 16103, 17285
back to topCHAPTER 4
PUBLIC IMPROVEMENTS
Section 400. Fees and Charges Included in Estimates.
Section 401. Payment to Contractor.
Section 402. Obtaining Plans.
Section 403. Permit and Inspection Fees Waived.
SECTION 400. FEES AND CHARGES INCLUDED IN ESTIMATES
The Director of Public Works shall include in all estimates of cost for public
improvements all charges in connection therewith, including but not limited to the costs
of advertising, printing, easement, legal, abstracting, and engineering. The construction
cost, together with these additional fees and charges, shall constitute the total cost of the
project or contract.
Ord. Nos. 5319, 17285
SECTION 401. PAYMENT TO CONTRACTOR
When the cost of a public improvement contract is to be paid in special tax bills,
improvement bonds or tax warrants, the contractor shall be paid the total amount of the
cost of the contract by the delivery of the tax bills, improvement bonds, or tax warrants to
the contractor; provided, however, that before the delivery of such bills, bonds, or
warrants, the contractor shall pay to the City, in cash, an amount equal to the sum of the
costs and fees paid or to be paid by the City which are chargeable to that improvement.
Ord. No. 17285
SECTION 402. OBTAINING PLANS
The Director shall supply to any person requesting them copies of the plans,
estimates, specifications, form of contract and bond, and proposals for all public
improvement projects assigned to his jurisdiction, provided that the person requesting
such copies deposits with the City the estimated cost of reproduction, which deposit shall
be refunded to the depositor upon the return of all plans, estimates and specifications.
Ord. No. 17285
SECTION 403. PERMIT AND INSPECTION FEES WAIVED
No fee for zoning clearance, building, electrical, mechanical or plumbing permit or
inspection shall be collected by the City on any public work or improvement performed
by or for any city, county, state or federal governmental entity; provided, however, that
this exemption shall apply only to such permits or certificates issued directly to the
governmental entity involved, and it shall not constitute a waiver of any provision in these
Revised Ordinances which requires the issuance of such permits or the performance of
specified inspections.
Ord. Nos. 13639, 17285
back to topCHAPTER 5
STREET, BLOCK AND HOUSE NUMBERING
Section 500. Block Numbering.
Section 501. House and Building Numbering.
Section 502. Assignment of Building Numbers.
Section 503. Use of Numbers.
Section 504. Naming of Streets.
Section 505. Maps and Records.
Section 506. Penalty.
SECTION 500. BLOCK NUMBERING
A. North-South Streets. Main Street in the City of Tulsa, and its northerly and
southerly projections, shall be the dividing line between the eastern and western portions
of the City. The blocks east and west of Main Street, starting with the Main Street dividing
line as zero, shall be numbered as follows:
Each of the basic streets west of Main Street shall be designated as Avenues,
and the hundred number assigned to each shall designate the block number of the
succeeding block, and such numbers shall be designated as numbers "West"; and each of
the basic streets east of Main Street shall be designated as Avenues and the hundred
number assigned to each shall designate the block number of the succeeding block, and
such numbers shall be designated as numbers "East." (Ord. No. 2065)
B. East-West Streets. The dividing line between the northern and southern
portions of the City shall be along Admiral Boulevard running east from the western limits
of the City to its intersection with the St. Louis and San Francisco Railroad; then in an
easterly direction along that railroad to the intersection with Admiral Boulevard; and then
east along Admiral Boulevard to the eastern limits of the City. The blocks north and south
of such dividing line, starting with the dividing line as zero, shall be numbered as follows:
Each of the basic streets north of the dividing line, whether designated by
name or number, shall be numbered successively by hundreds and the number
designated shall determine the succeeding block number, such as Cameron Street, 300
Block, and Davenport Street, 400 Block, and such numbers shall be designated as numbers
"North"; and each basic street south of the dividing line shall be numbered successively
by hundreds and the numbers, likewise, shall determine the succeeding block numbers,
and such numbers shall be designated as numbers "South."
C. Intermediate Streets. Streets intervening between basic streets, by reason
of platting or topography, shall be designated as "Places," "Courts," "Drives," "Boulevards,"
or "Roads," and shall bear the same hundred number as the basic street or avenue, such
as Columbia Avenue, 2700 Block; Columbia Place, 2700 Block; provided that winding
intermediate streets which change alignment and direction at intervals may, at the
Director's discretion, be assigned proper hundred numbers in order to conform to the
system of block numbering as established.
The Director of Public Works shall determine which streets shall be the
dividing line between numbered blocks. He shall assign proper block numbers to blocks
and shall see that the block numbering system is systematically followed as outlined
above.
Ord. Nos. 2065, 17285
SECTION 501. HOUSE AND BUILDING NUMBERING
All houses and buildings on the south side of all streets running in an easterly or
westerly direction and on the west side of all streets running in a northerly or southerly
direction shall be given even numbers; and all houses and buildings on the north side of
all streets running in an easterly or westerly direction and on the east side of all streets
running in a northerly or southerly direction shall be given odd numbers.
Ord. No. 17285
SECTION 502. ASSIGNMENT OF BUILDING NUMBERS
Each twenty-five (25) feet of frontage on each block of each street or avenue shall
be entitled to a separate number, except where the lots or parcels of land have less than
twenty-five (25) feet of frontage, in which case each separate lot or parcel of land shall be
entitled to a separate number. It shall be the duty of the Director to assign a separate
number to each twenty-five (25) feet of frontage on any street, or to a separate lot of less
width. Where any building is placed on a lot larger than twenty-five (25) feet in width, the
Director shall designate the proper number to be used. A building on the rear of a lot shall
bear the same number as the building on the front except that the suffix "R" shall be
added. Upstairs entrances shall use the number assigned for the frontage with the suffix
"1/2" added.
Apartments, offices and rooms having a common building entrance shall use the
assigned entrance number. No person other than the Director, or his assistants, shall
undertake to furnish house numbers or numbers for any premise.
Ord. No. 17285
SECTION 503. USE OF NUMBERS
The block and building numbers assigned by the Director shall be the official
numbers, and it shall be unlawful for any person to use any building or block numbers
except those assigned by the Director. It shall be the duty of all persons owning,
occupying, or using any building to place the number assigned by the Director in a
conspicuous place at the front of the building. No fees shall be charged by the Director
for such assignment. When a number is once assigned to any place or building, it shall
not be changed without the consent of the Director.
It shall be the duty of all persons owning, occupying or using any building having
more than one business therein to place in a conspicuous place on the rear of the building
a building number or numbers corresponding to the building number or numbers
assigned by the Director for use on the front of the building.
It shall be the duty of all persons owning, occupying or using any building which
does not have side yards providing access to the rear of the building, to place in a
conspicuous place on the rear of the building a building number or numbers
corresponding to the number or numbers assigned by the Director for use on the front of
the building.
Ord. Nos. 8611, 17285
SECTION 504. NAMING OF STREETS
The names of any streets opened or established shall be designated by the Director
in conformity with the existing street naming system. The names of existing streets shall
be changed only by ordinance; provided, however, that whenever any territory is
annexed to the City of Tulsa, the Director shall change any names of streets in the territory
so annexed which do not conform to the existing street naming system.
Ord. No. 17285
SECTION 505. MAPS AND RECORDS
The Director shall maintain and make available for public use an official map and
record showing all officially designated names of streets and all assigned street, building
and house numbers.
Ord. No. 17285
SECTION 506. PENALTY
Any person who uses any house, building or block number other than the official
number designated by the Director, or who refuses to use the official number designated
by the Director after ten (10) days written notice, or who changes any number without the
permission of the Director shall be guilty of an offense and upon conviction thereof shall
be punished by a fine of not more than FIVE HUNDRED DOLLARS ($500.00), excluding
costs.
Ord. Nos. 16530, 17285
back to topCHAPTER 6
GRADES OF STREETS AND ALLEYS
Section 600. Streets Previously Paved.
Section 601. Adoption of Profiles.
Section 602. Records.
SECTION 600. STREETS PREVIOUSLY PAVED
In particular instances when no ordinances establishing grades have been passed
and approved by the governing body of the City, but when particular streets, avenues or
alleys have been previously paved, the grades shall be deemed to have been established
on the plane indicated by the profiles of the Director which have been adopted and
approved for the purpose of the paving of the particular streets, avenues or alleys.
Ord. No. 17285
SECTION 601. ADOPTION OF PROFILES
The grade on any street, avenue or alley indicated on any profile prepared by the
Director of Public Works for the purpose of paving the street, avenue or alley shall be
deemed to be established by the profile when it shall have been duly approved even
without a specific ordinance approving the grade; provided, however, that the City shall
not be precluded by the provisions herein from re-establishing grades either by ordinance
or by the adoption and approval of an amended profile, subject to such liability for the reestablishing
of any grade as may be provided by the laws of the state of Oklahoma and
the Charter of the City of Tulsa.
Ord. No. 17285
SECTION 602. RECORDS
The Director shall prepare on linen in ink all profiles of any street, avenue or alley
where paving is to be constructed, clearly indicating the grade of such street, avenue or
alley. After such profiles are adopted and marked so as to designate the portion of street,
avenue or alley on which the grade is approved, the Director shall keep such profiles on
record in his office, labeled and indexed so that they may be readily found. Ord. Nos. 1784,
17285
back to topCHAPTER 7
CLOSING OF PUBLIC WAYS AND EASEMENTS
Section 700. Definitions.
Section 701. Application for Closing Easements or Public Ways.
Section 702. Processing Applications.
Section 703. Reservation of Rights Upon Closing.
Section 704. Fees.
SECTION 700. DEFINITIONS
A. Close means a legislative act of the City discontinuing the public use of a
public way or easement without affecting title to such real property.
B. Public way means a street, avenue, boulevard, alley, lane or thoroughfare
established or open for public use.
C. Easement means a right in real property as established by the laws of the
state of Oklahoma.
Ord. No. 17285
SECTION 701. APPLICATION FOR CLOSING EASEMENTS OR PUBLIC
WAYS
All applications for closing easements or public ways located within the corporate
limits of the City shall be filed with the Director of Public Works on forms furnished by the
Director; and the applicant shall furnish the following information:
A. A plot, plan or other representative sketch or drawing depicting distances
and points of the compass and showing the location and area of the public way or
easement;
B. The legal description of the public way or easement to be closed;
C. If an easement is being closed, the purpose for which the easement was
originally given;
D. If the easement or public way was established by any instrument (other than
a subdivision plat) filed in the Office of the County Clerk, a copy of such instrument duly
certified by the County Clerk;
E. If the easement or public way was established by statutory dedication
pursuant to a recorded subdivision plat, the name of the subdivision and plat number;
F. If the applicant seeks to close a public way, the application shall state
whether or not such public way has been open for public use within the five (5) year
period immediately preceding the date of the filing of such application; if such public way
has been open for public use within that period of time, the applicant shall furnish a list,
certified by a bonded abstractor, containing the names and addresses of all owners of
record, as shown by the current year's tax rolls in the Office of the County Treasurer, of
property abutting the public way and such other owners of record whose property is
within three hundred (300) feet in any direction from the public way sought to be closed;
and
G. Such additional information as may be determined by the Director to be
necessary for evaluating the application.
Ord. No. 17285
SECTION 702. PROCESSING APPLICATIONS
Upon receipt of a properly completed application and the payment of all required
fees, the application for the closing of easements or public ways shall be processed as set
forth herein.
A. The Director shall give written notice of the pending application to all city
departments who use public ways or easements and to all companies whose franchises
with the City entitle them to the use of public ways or easements, as applicable to such
application. Such notice shall require that all comments on the application shall be made
in writing to the Director within thirty (30) days from the date of the written notice.
B. Within a reasonable period of time after the expiration of the thirty (30) day
notice period, the Director shall recommend to the governing body of the City action to
be taken upon the application.
C. Upon receipt of the report and recommendation of the Director, the
governing body of the City may, without giving further notice to any third party, approve
or deny, either in whole or in part, any application seeking to vacate an easement or close
a public way which has not been open for public use for more than five (5) years
immediately preceding the date of the filing of such application. If the application seeks
to close a public way which has been open for public use within the five (5) year period
immediately preceding the date of the filing such application, the governing body of the
City shall set a date for public hearing thereon and direct notice to be given by certified
mail to all property owners shown on the list furnished by the applicant. Such notice shall
be given at least ten (10) calendar days prior to the scheduled public hearing, shall identify
the nature of the pending proceeding, and shall direct that any person having an
objection to the pending application must appear at the public hearing to advise the
governing body of the City of the nature of his objection. On the date of the scheduled
public hearing, the governing body of the City shall inquire into the merits of the
application and, upon determination of all issues, shall approve or deny, either in whole
or in part, the proposed closing.
D. Upon approval of any application, the City Attorney shall be directed to
prepare a proper ordinance closing the public way or easement; upon its adoption, the
costs for publication of such ordinance shall be determined and, upon the payment of
such costs to the City of Tulsa by the applicant, the City shall have the ordinance
published.
Ord. No. 17285
SECTION 703. RESERVATION OF RIGHTS UPON CLOSING
The City shall retain the absolute right to reopen any closed public way or easement
without expense to the City. The closing of any public way or easement shall not affect
the right to maintain, repair, reconstruct, operate or remove utility, public service
corporation, or transmission company facilities existing therein, nor shall such closing
affect private ways existing by operation of law.
Ord. No. 17285
SECTION 704. FEES
A non-refundable filing fee of One Hundred Fifty Dollars ($150.00) shall accompany
each application to vacate a public way or easement. In addition to such filing fee, if the
application seeks to close a public way which has been open to public use within the five
(5) years preceding the date of the application, the applicant at time of filing shall pay an
additional mailing fee of the actual cost of a registered letter deposited in the U.S. Mail for
each property owner who is entitled to receive notice of the proceeding. In the event the
application is withdrawn prior to the mailing of notices, the mailing fee shall be refunded
to the applicant.
Ord. Nos. 17285, 17304
back to topCHAPTER 8
CONSTRUCTION ON OR OVER STORM SEWER EASEMENTS
Section 800. Construction Permitted over Storm Sewer Easements.
Section 801. Permit Required.
Section 802. Agreement Required.
Section 803. Application for Permit.
Section 804. Restrictions and Conditions.
Section 805. Fee.
SECTION 800. CONSTRUCTION PERMITTED OVER STORM SEWER
EASEMENTS
The construction of buildings or structures shall be permitted over, upon and in
storm sewer easements inuring to the benefit of the City or within the corporate limits of
the City and inuring to the benefit of the public.
Ord. Nos. 10913, 17285
SECTION 801. PERMIT REQUIRED
Any person desiring to construct a building or structure over, upon, or in a storm
sewer easement, or a portion thereof, shall, prior to construction, obtain a permit from the
Director of Public Works, the issuance of which shall be the condition precedent to such
construction.
Ord. Nos. 10913, 17285
SECTION 802. AGREEMENT REQUIRED
Any person desiring to construct a building or structure upon a storm sewer
easement inuring to the benefit of the City, and located within the city limits of the City of
Tulsa, shall execute an agreement with the City, subject to approval by the Mayor, setting
forth such terms, conditions and provisions as may be prescribed by the Mayor to whom
authority is delegated to execute such agreements in behalf of the City. The agreement
shall be in writing and shall restrict the use of the storm sewer easement substantially in
accordance with the restrictions and conditions as herein set forth; and the agreement
shall, upon execution, be recorded in the Office of the County Clerk of the County in
which that property is located, with the recording cost to be paid by the property owner.
Ord. Nos. 10913, 17285
SECTION 803. APPLICATION FOR PERMIT
Any person desiring to construct a building or structure upon, over or in a storm
sewer easement, inuring to the benefit of the City and located within the city limits of the
City of Tulsa, may make application to the Director. All applications shall be accompanied
by the fee required herein for processing and handling and shall include such information,
data, surveys, engineering drawings, sketches, plans, as required by the Director,
including, but not limited to the following:
A. A plat plan or other representative sketch or drawing, showing lineal
measurements and directions of the compass, which depicts the area proposed for use;
and
B. The legal description of the area proposed for use.
Ord. Nos. 10913, 17285
SECTION 804. RESTRICTIONS AND CONDITIONS
The following restrictions and conditions shall be made a part of the grant of use
of the storm sewer easement inuring to the benefit of the City for construction of a
building or structure over, upon or in a storm sewer easement:
A. No building or structure shall be constructed upon a storm sewer easement
so as to interfere with pedestrian or vehicular traffic along public rights-of-way, streets,
alleys or sidewalks;
B. No maintenance costs shall be paid by the City of Tulsa; and the City shall
bear no cost of future maintenance of that portion of the storm sewer easement upon
which a building or structure is constructed; such maintenance shall be the exclusive
responsibility of the property owner;
C. No liability for property damage or personal injury arising out of the
construction, installation or maintenance of the building or structure constructed upon,
over or in the storm sewer easement shall attach to the City as a municipal corporation;
D. Permission for the construction of a building or structure shall be authorized
as herein provided without waiving any privileges or rights in favor of the City in, to or
under the storm sewer easement land, nor shall there be a waiver of any privileges or
rights previously acquired by any of the agents, servants or employees of the City,
including utility companies;
E. In the event it becomes necessary for any public purpose, including
construction, installation, maintenance, repair or discontinuance of utilities over, upon or
in the storm sewer easement land occupied by a building or structure, to remove the
building or structure for the reason that it interferes with the private privileges or rights
of the City, its agents, servants and employees, including utility companies, the building
or structure shall be removed by the owner of the building or structure; in the event the
removal is not accomplished as herein provided, the building or structure may be
removed by the City, its agents, servants or employees, including utility companies or
independent contractors, at the expense of the person who is the owner of the building
or structure;
F. The owner of the building or structure shall agree to defend any and all
claims, liabilities, suits at law or equity brought against the City of Tulsa resulting from the
operation, construction, installation or maintenance of such building or structure by the
property owner or third parties, and shall further agree to indemnify the City for any
damages suffered as a result thereof;
G. Any agreement entered into by the Director, as herein provided, for the
construction of a building or structure over a public storm sewer easement, shall run with
the land and be binding on the grantees, assigns, successors and heirs, and shall be
recorded in the Office of the County Clerk of the county in which the property is located,
with all recording costs to be borne by the property owner; and
H. The Director shall, as a condition of any such agreement, make such
reasonable requirements as will protect the safety, health and welfare of the public,
including requirements relating to the construction, installation, maintenance or
discontinuance of any existing or contemplated storm sewers to be located in the area to
be used, and further including any and all requirements established by ordinance. Ord. Nos.
10913, 17285
SECTION 805. FEE
The fee for processing and handling of all applications for construction of a building
or structure upon a public storm sewer easement shall be Twenty Five Dollars ($25.00) to
reimburse the City for any necessary legal or engineering services or for other costs.
Fifteen Dollars ($15.00) of the fee shall be refunded to the applicant in the event of the
refusal by the Director of the applicant's request or in the event of abandonment by the
applicant prior to the construction of any building or structure.
Ord. Nos. 10913, 17285
back to topCHAPTER 9
STREET MAINTENANCE
Section 900. Duties of the Director of Public Works.
SECTION 900. DUTIES OF THE DIRECTOR OF PUBLIC WORKS
The Director of Public Works is authorized and empowered to:
A. Administer all phases of a comprehensive program of street maintenance;
B. Analyze the maintenance and construction needs for City streets;
C. Develop effective plans for the efficient utilization of personnel, equipment
and materials in connection with the maintenance and construction of City streets;
D. Determine priorities for street maintenance and construction projects;
E. Administer a preventive maintenance program for heavy equipment and
rolling stock used in street maintenance and construction;
F. Develop specifications for equipment and materials used in street
maintenance and construction;
G. Make recommendations for new and improved methods and materials used
in street maintenance and construction; and
H. Perform such other duties as may be assigned.
Ord. Nos. 13085, 17285
back to topCHAPTER 10
STANDARD SPECIFICATIONS FOR
HIGHWAY CONSTRUCTION
Editor's Note: Text enclosed in parentheses reflects an amendment to the
language as contained in the Standard Specifications for Highway
Construction, 1999 Edition. Text not enclosed in parentheses indicates
additions to that publication.
Section 1000. Adoption of State Standard Specifications.
Section 1001. Additions, Revisions and Deletions.
SECTION 1000. ADOPTION OF STATE STANDARD SPECIFICATIONS
Those certain documents, three (3) copies of which have been filed in the Office of
the City Clerk of the City of Tulsa, being marked and designated as Standard Specifications
for Highway Construction, 1999 Edition, as published by the Oklahoma Department of
Transportation, are hereby adopted as the standard specifications for street, highway,
storm sewer and road construction for the City.
Ord. Nos. 17285, 17472, 19955
SECTION 1001. ADDITIONS, REVISIONS AND DELETIONS
1001.A. The following terms are hereby revised as follows for all sections of
this chapter:
101.02 Acceptance Date. The date on which the Request For Action (RFA) has been
signed by the Mayor of the City of Tulsa.
101.10. Bond. (All references to the "Department and Department of
Transportation, ex rel. State of Oklahoma" shall mean the "City of Tulsa, Oklahoma,
a municipal corporation.")
101.15. Commission. The duly elected Council of the City of Tulsa.
101.15(A). City. The City of Tulsa, Oklahoma, a municipal corporation, acting
by and through its Mayor, Council and duly authorized officers and agents.
101.16. Contract. The written agreement between the City and the Contractor
setting forth obligations of the parties thereunder, including but not limited to the
performance of the work, the furnishing of labor and materials, and the basis of
payment.
The Contract includes the Notice to Bidders, Proposal, Contract Form, all
Contract Bonds, Specifications, Supplemental Specifications, Special Provisions, all
Plans, and the Work Order, also any Change Orders and Supplemental
Agreements that are required to complete the construction of the work in an
acceptable manner, including authorized extensions.
101.20. Contractor. ("Department" shall mean "City.")
101.22. Delete.
101.24(A). Excusable Delay. ("Department" shall mean "City.")
101.25. Department. The Public Works Department of the City of Tulsa,
Oklahoma.
101.25(A). Transportation Department. ("Transportation Department" shall
mean "the City.")
101.25(B). Transportation Commission. ("Transportation Commission" shall
mean "City.")
101.27 Director. The Director of the Public Works Department of the City of Tulsa.
101.31 Engineer. The Director of the Public Works Department of the City of Tulsa
or his designee.
101.33 Utility Lines. Shall mean the main distribution line owned by a utility
company and/or provider.
101.34 Service Lines. Shall mean the utility service connection lines not owned by
a utility company and/or provider.
101.40 Holidays. Those days declared to be holidays for regular Civil Service
employees of the City of Tulsa.
101.42 Inspector. The City of Tulsa Public Works Department's authorized
representative assigned to make inspections of contract performance.
101.43. Notice to Bidders. The advertisement for proposals for all work or
materials on which bids are required. Such advertisement will indicate with
reasonable accuracy the quantity and location of the work to be done or the
character and quantity of the material to be furnished at the time and place of the
opening of bid proposals.
101.45. Letter of Credit. ("State of Oklahoma" shall mean "City of Tulsa.")
101.53. Plans. (All references to the "Resident Engineer" shall mean the direct
representative of the Public Works Department of the City of Tulsa for the oversight
of construction projects with authority for oversight of all aspects of the
construction project.)
101.54. Pre-qualification. ("Transportation Commission & Department" shall
mean "City.")
101.57.1. Resident Engineer. (The direct representative of the Public Works
Department of the City of Tulsa for the oversight of construction projects with
authority for oversight of all aspects of the construction project.)
101.61. Road. Frontage Road, Public Road, Local Road and Interchange-
Collector-Distributor Road. ("Department" shall mean "Oklahoma Department of
Transportation.")
101.62.1. Shut Down Order. ("Resident Engineer" shall mean the Director of
the Public Works Department of the City of Tulsa or his designee.)
101.72 Supplemental Agreement. A change order as set forth in 61 O.S.Supp.1999,
§ 121, or as hereafter amended, made and entered into by and between the
Contractor and the City, covering work not otherwise provided for in the contract
and which is necessary for the proper completion of the project.
1001.B THE FOLLOWING SECTIONS ARE HEREBY REVISED AS
FOLLOWS:
102.01. Pre-qualification of Bidders. Pre-qualification shall be a prerequisite
for bidding on all projects unless prohibited by law or waived by the City of Tulsa.
102.02. Notice to Contractors. (Notice to Contractors shall be "Notice to
Bidders.")
102.03. Contents of Proposal Forms. ("Department" shall mean "City.")
102.06. Examination of Plans, Specifications, Special Provisions, and the
Work Site. (All references to "Department" shall mean "City."
Revise Third paragraph to read: "Boring logs and other subsurface
investigation records are available at the City of Tulsa during normal business
hours.")
102.07. Preparation of Proposal. ("Department" shall mean "City.")
102.08. Irregular Proposals. ("Department" shall mean "City.")
102.09. Proposal Guaranty. ("Department" shall mean "City.")
102.10. Delivery of Proposal. Proposals will be received as set forth in the
Notice to Bidders contained in the Proposal.
Proposals shall be sealed in a plain envelope with the word "Proposal,"
giving the Project Number or Numbers, Project Name, and Contractor’s Prequalification
Number clearly marked on the envelope.
Proposals received after the designated closing times will be returned unopened.
102.13. Public Opening of Proposals. Proposals shall be publicly opened and
read on the date and at the hour and place set forth in the advertisement and
Notice to Bidders in the manner established by the City.
102.14. Rejection of Bids. ("Department" shall mean "City.")
102.16. Non-Collusive Bidding Certification. ("Department" shall mean
"City.")
103.01. Consideration of Proposals. ("Commission" and "State" shall mean
"City.")
103.02. Award of Contract. ("Commission" shall mean "City.")
103.03. Cancellation of Award. ("Commission" shall mean "City.")
103.05. Bonding Requirements. ("Department" and "Commission" shall mean
"City.")
103.07. Execution of Contract. The individual, partnership, joint venture, or
corporation to whom a contract has been awarded shall sign, and attest where
applicable, the necessary agreements for entering into a contract with the City and
shall return the executed contract to the Department within the time limit specified
in the proposal.
103.08. Approval of Contract. The Contract shall not be binding upon the
City until it has been executed and approved in the manner set forth in the Tulsa
City Charter.
103.09. Failure to Execute Contract. ("Department" shall mean "City.")
104.02(A). Extra Work. The Contractor shall perform unforeseen work, for
which there is no price included in the contract, whenever it is deemed necessary
or desirable in order to complete fully the work contemplated. Such work shall be
performed in accordance with the Specifications and when directed in writing by
the Engineer. Such work to be paid for as provided under Subsection 109.04.
104.11. Restoration of Surfaces Opened by Permit. ("Department" shall mean
"City.")
104.17. Value Engineering Proposals by the Contractor. ("Department" shall
mean "City.")
104.17(d)2. Delete.
105.01. Authority and Duty of the Resident Engineer. Paragraph (C) is
amended to read:
"Should the Contractor disagree with any decision of the Engineer in the
exercise of the 'Authority of the Engineer,' he may appeal to the City Council."
105.06 Cooperation with Utilities. (Amend the first sentence in the second
paragraph to read: "All utility facilities and appurtenances within the construction,
with the exception of service lines, will be shown on the Contract plans and
relocated or adjusted at the utility owners’ expense, unless otherwise specified.")
105.15 Opening Sections of Project to Traffic. Delete paragraphs 2 and 4.
105.18(d). Review of Request for Additional Compensation or Time. The
Engineer shall within ninety (90) calendar days from the receipt of the Contractor’s
written request for additional compensation or time review the request and make
a written response to the Contractor. Such time may be extended by written
agreement between the Engineer and the Contractor.
If the Engineer does not issue a written response to the Contractor’s request
within the appropriate time, the request shall be deemed denied and the Contractor
may appeal such decision to the City Council.
Nothing in this subsection shall be construed as establishing any claim
contrary to the terms of Subsections 104.06 or 108.07.
106.03. Samples, Tests, Cited Specifications. (Amend the first sentence in the
second paragraph to read: "Unless otherwise designated, acceptance tests in
accordance with the most recent standard methods of AASHTO or ASTM, including
AASHTO interim Specifications or ASTM tentative Specifications, which are current
on the date of advertisement for bids, will be made at the expense of the
Department.")
106.04 (c) (3). Types of Certifications. ("Materials Engineer" shall mean "Engineer.")
106.04(d). Distribution of Certifications. Certifications shall be delivered to the
Engineer. These certifications will be checked for conformance with the applicable
specifications and approved copies shall be forwarded to the Engineer and to
Contractor.
106.08.(A). Handling Materials. The handling, loading, hauling, transferring,
pumping, or similar operations connected with the movement of bituminous
materials to the project site or mixing plant, and the storage of such material shall
be in compliance with the requirements of state law.
106.12. Guarantees and Warranties. (Change the phrase in the second
sentence, "…six months after acceptance by the Department and the local
government." to "…twelve months after acceptance by the Department."
Change the phrase in the third sentence, "…six months…" to "…twelve
months…"
Delete from the last sentence the phrase, "as found in state funded
contracts.")
107.01. Laws, Rules and Regulations to be Observed. (Change the word
"Department" to "City" in the first sentence of the second paragraph.)
107.03. Patented Devices, Materials and Processes. ("Department" shall mean
"City.")
107.11. Responsibility for Damage Claims. (Change the phrase in the first
sentence, "…State of Oklahoma, the Commission, the Department, their officers,
agents…" to "…City and its officers, agents…")
107.11.(a). Contractor's Public Liability and Property Damage Liability
Insurance. (Change the words "Department" and "State’s" in last sentence to "City"
and "City’s.")
107.11(g). Owner's Protective Policy. Contractor shall furnish an owner's
protective policy, in the amounts set forth below, with the City named as an
insured, issued by the same insurance company as the issuer of the contractor's
liability coverage.
Comprehensive General Liability, Combined
Liability, other than automobile Single Limit
Personal injury, each person $ 100,000.00
Property damage, each person $ 100,000.00
Aggregate amount, each occurrence $ 1,000,000.00
Automobiles and Truck Liability Combined
(owned, hired and non-owned) Single Limit
Personal injury, each person $ 100,000.00
Property damage, each accident $ 100,000.00
Aggregate amount, each accident $ 1,000,000.00
The policies shall provide for ten (10) day's written notice of cancellation.
107.15 Stormwater Management. Delete the last paragraph.
108.07 Determination and Extension of Contract Time. Delete the first paragraph.
108.07(b) Unusually Severe Weather. (Amend this entire section to read:
"Unusually severe weather shall be determined by the City of Tulsa Working Day
Chart, WDC-1.")
108.08 Delete.
109.04. Extra and Force Account Work. Extra work performed in accordance
with the requirements and provisions of Subsection 104.06 will be paid for at the
unit price or lump sum stipulated in the order authorizing the work, or the
Department may require the Contractor to do such work on a force account basis
to be compensated in the following manner.
(a) Labor. For all labor and foremen in direct charge of the specific
operations, the Contractor shall receive the rate of wage (or scale) agreed
upon in writing before beginning work for each and every hour that said
labor and foremen are actually engaged in such work.
An amount equal to 15 percent of the sum of the above items will also be
paid the Contractor.
(b) Bond, Insurance, and Tax. For property damage, liability, and
workmen's compensation insurance premiums, unemployment insurance
contributions, and social security taxes on the force account work, the
Contractor shall receive the actual cost, to which cost no percentage will be
added. The Contractor shall furnish satisfactory evidence of the rate or rates
paid for such bond, insurance, and tax.
(c) Materials. For materials accepted by the Engineer and used, the
Contractor shall receive the actual cost of such materials delivered on the
work, including transportation charges paid by him (exclusive of machinery
rentals as hereinafter set forth), to which cost 10 percent will be added.
(d) Equipment. For any machinery or special equipment (other than
small tools) including fuel, lubricants, and transportation costs, the use of
which has been authorized by the Engineer, the contractor shall receive the
rental rates agreed upon in writing before such work is begun for the actual
time that such equipment is in operation on the work, as provided in
Subsection 109.01(a), to which rental sum no percentage will be added.
(e) Miscellaneous. No additional allowance will be made for general
superintendence, the use of small tools, or other costs for which no specific
allowance is herein provided.
(f) Compensation. The Contractor's representative and the Engineer
shall compare records of the cost of work done as ordered on a force account
basis.
(g) Statements. No payment will be made for work performed on a force
account basis until the Contractor has furnished the Engineer with duplicate
itemized statements of the cost of such force account work detailed as
follows.
(1) Name, classification, date, daily hours, total hours, rate, and
extension for each laborer and foreman.
(2) Designation, dates, daily hours, total hours, current rental rate,
and extension for each unit of machinery and equipment.
(3) Quantities of materials, prices, and extensions.
(4) Transportation of materials.
(5) Cost of property damage, liability and workmen's
compensation insurance premiums, unemployment insurance
contributions, and social security tax.
Statements shall be accompanied and supported by receipted invoices for
all materials used and transportation charges. However, if materials used on the
force account work are not specifically purchased for such work but are taken from
the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an
affidavit certifying that such materials were taken from his stock, that the quantity
claimed was actually used, and that the price and transportation claimed represent
the actual cost to the Contractor.
109.05. Payments for Canceled Items. ("State" shall mean "City.")
109.06. Progress Payments. (Amend the first paragraph to read: "The
Engineer will make written estimates of the materials complete in place and amount
of work performed in accordance with the contract during the current period of
time between estimates and the value thereof figured at the Contract unit prices.
From the total of the estimate so ascertained, an amount will be retained in
compliance with 61 O.S.Supp.1999, § 113.1."
Delete the first and second sentences from the second paragraph.
Delete the second sentence from the third paragraph.)
109.07. Payment for Material on Hand. (Amend the last sentence under
paragraph (a) to read: "The value of the materials will be established from
acceptable invoices, prepared by the supplier, furnished by the Contractor, and
kept on file by the City."
Amend the last sentence under paragraph (b) to read: "The contractor's cost
of production and stockpiling shall be evidenced by a detailed cost break down
approved by the Engineer.")
109.10 Compensation For Project Delays. Delete 109.10(a).
109.11 Payments to Subcontractors. Delete last two sentences of this section.
Ord. Nos. 17285, 17472, 19955
back to topCHAPTER 11
PREQUALIFICATION OF CONTRACTORS
Section 1100. Definitions.
Section 1101. Powers and Duties of the Director.
Section 1102. Certificate of Prequalification.
Section 1103. Rejection of Bids.
Section 1104. Re-Examination of Qualifications.
Section 1105. Prior Certificates.
SECTION 1100. DEFINITIONS
Unless otherwise expressly stated, the following terms shall, for the purposes of this
chapter be defined as set forth in this section.
A. Public Improvement shall mean any building, street, alley, pavement,
sanitary sewer, storm sewer, water line or any other improvement or structure which is
constructed under contract with the City of Tulsa, Oklahoma, or as a part of a privately
funded public improvement.
B. Director shall mean the Director of the Public Works Department, his
authorized representative or any person, board or committee assigned the duties
prescribed herein by executive order of the Mayor of the City of Tulsa.
C. Person shall mean any individual, firm, corporation, association, partnership,
joint venture or other contracting entity.
D. Contractor shall mean any person who submits a bid for the construction of
a public improvement.
Ord. No. 17285
SECTION 1101. POWERS AND DUTIES OF THE DIRECTOR
A. It shall be the duty of the Director to investigate and examine the
qualifications of all contractors applying for a prequalification certificate and, upon
determining that an applicant meets the requirements of this chapter and is in all respects
responsible, qualified and competent for the class, character and magnitude of the work
which the applicant proposes or intends to perform under contract with the City of Tulsa,
to issue a certificate of prequalification to such contractor.
In determining the acceptability of an applicant for the purpose of prequalifications,
the Director shall, among other things, investigate and consider the following:
1. Financial responsibility;
2. The character, quality and availability of the contractor's equipment,
machinery and experienced personnel;
3. The performance record of the applicant in the performance of other
contracts for public or private improvements;
4. The nature and extent of other contract commitments involving the use of
the applicant's machinery, equipment and personnel;
5. Reputation for reliability and integrity; and
6. Any other fact which would materially affect the ability of the applicant to
properly, adequately, expeditiously and satisfactorily perform such work as might be
awarded to such contractor.
B. If the Director, after investigation and examination of the applicant,
determines that the applicant is qualified to perform contracts with the City of Tulsa, he
shall issue a certificate of prequalification for the class and type of work which the
applicant proposes or intends to perform under contracts with the City of Tulsa.
C. Such prequalification certificate shall certify that the applicant is qualified to
bid upon one or more of the following classes or categories of public improvements.
1. Class A - General. The Class A General Certificate shall entitle the holder to
bid upon any and all contracts, without limitations.
2. Class B - Building Construction. The Class B Building Construction
Certificate shall entitle the holder to bid upon all proposed contracts for the construction,
erection and installation of buildings, warehouses and all other public improvements and
public structures, except those described as Class C and Class D.
3. Class C - Paving and Bridge Construction. The Class C Paving and Bridge
Construction Certificate shall entitle the holder to bid upon the grading, paving, surfacing,
resurfacing, draining, guttering, bridging and other work involved in the construction or
reconstruction of streets, alleys and private ways.
4. Class D - Utility Construction. The Class D Utility Construction Certificate
shall entitle the holder to bid upon the installation and construction of all public utilities,
such as waterworks, water lines, sanitary sewers, storm sewers and related facilities.
5. Class S - General/Specialty Construction. The Class S Construction
Certificate shall entitle the holder to bid upon any public improvement not classified
above, the estimated cost of which exceeds the sum of Six Hundred Thousand Dollars
($600,000.00).
D. The Director shall have the power to revoke or temporarily suspend a
prequalification certificate of any contractor, subject to express conditions for
reinstatement, when such contractor has:
1. Misrepresented any material fact in his application for prequalification
certificate;
2. Defaulted in the performance of a contract with the City of Tulsa;
3. Failed to complete satisfactorily the performance of a contract with the City
of Tulsa;
4. Failed to execute a contract awarded by the City of Tulsa; or
5. Ceased to possess any of the qualifications necessary hereunder for issuance
of a prequalification certificate.
Ord. No. 17285
SECTION 1102. CERTIFICATES OF PREQUALIFICATION
A. Application. All applications for prequalification shall be filed with the City
Clerk. Such application shall be upon forms containing the information prescribed by the
Director and shall be verified before a notary public. Such application shall be
accompanied by the following:
1. An audited financial statement by new applicants;
2. A statement from a surety that the applicant is qualified and, if the applicant
is the successful bidder, that the surety will furnish bonds as required by the contracting
agency; and
3. Authorization for applicant's bank to release credit history to the Director.
The City Clerk shall immediately transmit, upon receiving and filing, such
application and information to the Director for consideration as provided herein.
B. Application Fees. At the time of filing, each applicant shall pay to the City
a filing fee according to the following schedule for an original application and for the filing
of renewal or reinstatement applications.
FILING FEE
CLASS APPLICATION REINSTATEMENT
ORIGINAL RENEWAL OR
A $ 225.00 $ 25.00
B $ 225.00 $ 25.00
C $ 225.00 $ 25.00
D $ 225.00 $ 25.00
S $ 225.00 $ 25.00
In the event an applicant applies for or is qualified to bid upon one or more of the
above classes or categories of public improvements, only one fee for the original
application or renewal or reinstatement shall be paid, which fee shall be that provided for
the highest classification or category for which application is made or prequalification
certificate issued.
C. Issuance and Recordation. Upon the receipt of an application and the
completion of the investigation called for in Section 1101, the Director shall approve or
disapprove the application. Such approval or disapproval shall be entered by the City
Clerk in a prequalification record to be kept as part of the public records of the City of
Tulsa. If the application is approved, the City Clerk shall issue or cause to be issued to the
applicant a certificate setting forth the fact of prequalification and the class of certificate for
which such applicant has been approved. The contractor's prequalification record kept
by the City Clerk shall contain the name and business address of the applicant, the date
of issuance of the certificate of prequalification, and the class of certificate issued, together
with any change, modification, revocation or suspension of such certificate.
D. Revocation or Suspension of Prequalifications. In the event the Director
determines that a contractor's certificate of prequalification should be revoked or
temporarily suspended as herein provided, the Director shall notify the contractor and
shall afford the contractor an opportunity to be heard. Such notice of revocation or
suspension shall give the reasons therefore and shall state the date, time and place of the
hearing before the Director. After the hearing, or in the event the contractor fails to appear
at such hearing, the Director shall, within five (5) days, issue his order revoking or
temporarily suspending the certificate of prequalification, allowing the certificate to remain
in effect, or amending the certificate. In the event that the contractor's certificate of
prequalification is revoked or temporarily suspended, such revocation or suspension shall
be subject to express conditions for reinstatement.
E. Appeal. An appeal from the Director's decision to revoke, suspend or
modify a prequalification certificate may be taken to the Council by the filing of a notice
of appeal with the City Clerk within ten (10) days of date of the order of revocation,
suspension or modification of the certificate.
F. Expiration. All certificates of prequalification shall expire on the 90th day
following the end of the fiscal year of the certificate holder except that a certificate shall be
automatically extended pending approval by the Director of a timely filed renewal
application. All certificates of prequalification must be renewed annually by filing an
application for renewal on forms containing the information prescribed by the Director,
and by paying the renewal application fees as above provided. All such renewals shall be
for a period of one (1) year from the expiration date. If the renewal application is not
received within ten (10) days after the expiration date of a certificate, the applicant must
file an original application. An extension of ninety (90) days in which to file a renewal
application shall be granted upon the filing of a request with the City Clerk within ten (10)
days of the expiration of the current certificate of prequalification.
G. Special Requirements for Certification. No certification of prequalification
shall be issued to any applicant unless and until, in addition to establishing qualification
to the satisfaction of the Director in accordance with the provisions contained herein, the
applicant establishes:
1. If an individual, that he has been actively engaged in supervising
construction work in the category and classification for which certification is required,
continuously for an uninterrupted period of at least two (2) years within the five (5) years
next preceding the date of application; or
2. If a partnership, individual, joint venture or other bidding entity except a
corporation, that at least one (1) of the partners, joint venturers, members or employees
of such association or bidding entity has been engaged in a supervisory capacity in the
category and classification for which certification is requested, continuously for an
uninterrupted period of at least two (2) of the five (5) years immediately preceding the date
of application; providing that such partner, joint venturer, member or employee shall
remain in the employ of the contractor during the period of the prequalification certificate
and during the performance of any contract with the City of Tulsa; or
3. If a corporation, that either the chief executive officer or the officer having the
responsibility for the management, supervision, control and conduct of any work to be
done by the corporation under the certificate of prequalification, has been actively
engaged in a supervisory capacity in the category or classification of work for which the
certificate is requested, continuously for an uninterrupted period of at least two (2) of the
five (5) years immediately preceding the date of application; provided, however, that a
certificate of prequalification may be awarded upon establishing that the employee,
servant or agent who shall be named in the application as having direct personal
supervision and control over any work to be performed under the certificate of
prequalification has had the experience above required, and provided that such person
shall remain in the employ of the corporation during the period of the prequalification
certificate and during the performance of any contract with the City of Tulsa.
H. Service Agent Required for Nonresident Applicants. In the case of
applicants who are not residents of Tulsa County, Oklahoma, or who do not have their
principal place of business in Tulsa County, Oklahoma, no certificates of prequalification
shall be issued unless such applicant shall designate, as a part of its application, an
individual resident of Tulsa County, Oklahoma, as a service agent upon whom service of
process may be made by the City of Tulsa in any action against the applicant arising from
the performance of or involving any contract that may be awarded to the applicant under
a certificate of prequalification.
I. Automatic Prequalification. Any contractor submitting, with the application
and fee provided above, proof of certification by the Oklahoma Department of
Transportation, shall be automatically prequalified for the City of Tulsa for Classes C and
D so long as such Department of Transportation certification is held by the contractor. The
contractor so prequalified shall notify the City in writing of the revocation, suspension or
change in his certification by the Oklahoma Department of Transportation.
Ord. Nos. 17106, 17285, 17473, 17990
SECTION 1103. REJECTION OF BIDS
A. No bid for the construction of any public improvement, the estimated cost of
which exceeds Two Hundred Fifty Thousand Dollars ($250,000.00), or in the case of Class S
construction, Six Hundred Thousand Dollars ($600,000.00), shall be received and filed by
the City Clerk of the City of Tulsa unless the person submitting the bid has prequalified
as provided herein and is the holder of a current certificate of prequalification in full force
and effect on the date such bid is submitted and filed.
B. The City Clerk shall return unopened all bids of any bidder who is not
shown by the records of the City Clerk to be the holder of a current prequalification
certificate, and unless the certificate number and the statement of no change of condition
as herein provided are endorsed upon and accompanied by the submission of such bid.
Ord. Nos. 17285, 17990
SECTION 1104. RE-EXAMINATION OF QUALIFICATIONS
The Director, the Mayor and the administrative departments of the City of Tulsa are
hereby authorized to reexamine the qualifications of any contractor whose qualifications
have changed in any way since this issuance of a prequalification certificate, and to take
into consideration any change of qualifications in determining the lowest and most secure
bid for the construction of any public improvement.
Ord. No. 17285
SECTION 1105. PRIOR CERTIFICATES
After the effective date of this ordinance, the holder of any valid certificate of
prequalification, granted pursuant to a prior ordinance, shall be deemed to be prequalified
for all work within that class without regard to any limitations as to the estimated
construction cost of a project through and including the 90th day following the end of the
fiscal year for which the certificate holder has been issued a prequalification certificate.
Ord. Nos. 17285, 17990
back to topCHAPTER 12
RIGHTS-OF-WAY OCCUPANCY MANAGEMENT
Section 1200. Intent and Purpose
Section 1201. Name and Scope
Section 1202. Definitions
Section 1203. Administration
Section 1204. Authority to Occupy Rights-of-Way
Section 1205. Occupancy Permits
Section 1206. Occupancy Fees or Inspection Fee and Service Charge
Section 1207. Emergency Telephone Service Requirements
Section 1208. Rights-of-Way Construction Permits
Section 1209. Appeals
Section 1210. Engineering Standards
Section 1211. Insurance
Section 1212. Indemnification
Section 1213. No Limits on Liability
Section 1214. Record Maintenance
Section 1215. Relocation of Equipment and Facilities
Section 1216. Pre-excavation Location of Equipment
Section 1217. Damage to Other Facilities
Section 1218. Abandoned and Unusable Facilities
Section 1219. Rights-of-Way Vacation
Section 1220. Cable Systems Provisions
Section 1221. Thermal Service ROW Usage Fee
Section 1222. Reservation of Regulatory and Police Powers
Section 1223. Severability
Section 1224. Revocation
Section 1225. Transfers
Section 1226. Exemptions
Section 1227. Enforcement
Section 1228. Penalties
Schedule A Schedule of Degradation Values
Exhibit A Sample Rights-of-Way Worksheet
SECTION 1200. INTENT AND PURPOSE
A. In order to provide for the public health, safety, and welfare of the citizens
of the City of Tulsa, as well as to ensure the structural integrity of the City's streets and
related infrastructures; to minimize the disruption to the traveling public; and to ensure
costs incurred by the City to acquire, maintain, and manage the Rights-of-Way are
properly allocated among the various users of the Rights-of-Way, the City hereby
establishes standards for authorizing and managing the placement of Facilities in
Rights-of-Way; performing installation, maintenance, and other work in the
Rights-of-Way; and appropriately recovering costs incurred by the City related to such
activities.
B. It is the intent of this chapter to charge those persons that own, manage,
operate, or control the Facilities located in the Rights-of-Way a fee based upon the
proportion of Facilities they have in the Rights-of-Way to the amount of costs the City of
Tulsa incurs in acquiring and maintaining the Rights-of-Way. It is not the intent of this
chapter to collect fees from resellers, even though they may use Facilities in the Rights-of-
Way. It is not the intent of this chapter to prohibit those persons that own, manage,
operate, or control the Facilities in the Rights-of-Way from passing the fees they pay
pursuant to this chapter along to their customers and others, including resellers.
C. It is the intent of this chapter that all trunk, mainline, area, or system-wide
Facilities, unless otherwise authorized by a special use permit, franchise, or otherwise, shall
only be located within Arterial Rights-of-Way as defined by this chapter. It is intended that
local or individual distribution lines directly attaching to individual customer service lines
shall usually be located in a Rights-of-Way which is not an Arterial Rights-of-Way. In any
instance where the classification of a line as a trunk or local line is not clear due to specific
fact circumstances pertaining to said line, the classification determination shall be made
by the Rights-of-Way Occupant with due regard to the primary function and purpose
being served by the line.
Ord. No. 19945
SECTION 1201. NAME AND SCOPE
A. Title 11, Tulsa Revised Ordinances, Chapter 12, shall be known and may be
cited as, "The Rights-of-Way Occupancy Management Ordinance." Except as otherwise
provided herein or prohibited by applicable law, this chapter shall apply to all Rights-of-
Way Occupants, whether under the authority of a franchise, permit, license, or any other
type of grant.
B. This chapter shall not apply to any ownership, installation, operation, or
maintenance of the plants and systems of Public Service Company of Oklahoma (PSO) or
Oklahoma Natural Gas Company, a division of ONEOK, Inc. (ONG) on, in, or upon the
Rights-of-Way of the City which is performed and carried out in accordance with the terms
and provisions of the grant or franchises between the City and PSO (Title 15, Chapter 4,
Tulsa Revised Ordinances) and ONG (Title 15, Chapter 3, Tulsa Revised Ordinances), and
their successors and assigns.
C. This chapter shall not apply to the transportation, distribution, or sale of
natural gas or electricity.
Ord. No. 19945
SECTION 1202. DEFINITIONS
For the purposes of this chapter, the following terms, phrases, words, and
abbreviations shall have the meanings given herein, unless otherwise expressly stated.
When not inconsistent with the context, words used in the present tense include the
future tense; words in the plural number include the singular number; words in the
singular number include the plural number; and words defined in upper and lower case
shall have the same meaning as words in all lower case. Words used in the masculine
gender comprehend, as well, the feminine gender and neuter. The words "and" and "or"
may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory,
and "may" is permissive. Unless otherwise expressly stated, words not defined in this
chapter shall be given the meaning set forth in Title 47 of the United States Code, and, if
not defined therein, their common and ordinary meaning. References to governmental
entities (whether persons or entities) refer to those entities or their successors in authority.
References to laws, ordinances or regulations shall be interpreted broadly to cover
government actions, however nominated, and include laws, ordinances, and regulations
now in force or hereinafter enacted or amended.
A. Affiliate means a person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with, another person.
B. Arterial Rights-of-Way means the vehicle traffic lanes under the control and
maintenance jurisdiction of the City of Tulsa, including the strips of land on each side
thereof, on freeways, parkways, special traffic ways primary, secondary and urban arterial
streets, all as defined and established by the adopted and currently effective Tulsa
City-County Major Street and Highway Plan. The term shall also apply and have
reference to the street system within Tulsa's Central Business District, as defined in the
City of Tulsa's adopted Comprehensive Plan, and more particularly described as the street
network bounded on the east by the east leg of the inner dispersal loop, the west by I-244,
north by I-244, and on the south by the Broken Arrow Expressway. The Rights-of-way
Administrator shall maintain copies of the referenced Plan maps for the convenient
reference by Rights-of Way occupants.
C. Basic Local Service means a terrestrial telecommunications service that
employs an access line and dial tone (or the equivalent thereof) to provide access from the
premises of residential or business customers to other lines for the transmission of, among
other things, two-way switched or voice or data communication in the local calling area
without additional, usage-sensitive charges, including:
1. Voice grade access to the public switched network, with the ability to place
or receive calls;
2. A primary directory listing;
3. Dual-tone multi-frequency (DTMF) signaling or its functional equivalent, also
known as touch tone service;
4. Single-party service;
5. Access to operator services;
6. Access to directory assistance services;
7. Access to telecommunications relay services for the deaf or hard-of-hearing;
8. Access to nine-one-one service where provided by a local governmental
authority or multi-jurisdictional authority;
9. Access to interexchange long distance services;
10. Data communications via a modem attached to a voice line with access to the
public switched telephone network; and
11. Provision of services or Facilities to resellers of any of these services.
This definition does not include the resale of services to subscribers, or the
provision of wireless telephone service.
D. Cable Service. The one-way transmission to subscribers of video and audio
programming or other programming services and subscriber interaction, if any, which is
required for the selection of video and audio programming or other programming services
provided through electric or electronic signals, or which utilizes any facility or equipment
of the Cable System.
E. Cable Service Gross Revenue means any and all fees, charges, cash, credits,
property of any kind or nature, consideration, compensation, or receipts derived directly
or indirectly by a ROW Occupant, its Affiliates, subsidiaries, parents, or arising from or
attributable to the operation of the Cable Television System, except that the term shall not
include:
1. The amount of any refunds, corrective billing credits, or other re-payments
made to Subscribers or users;
2. Any taxes on service furnished by ROW Occupant, imposed directly or
indirectly on any Subscriber or user by any municipal corporation, political subdivision,
state, or other governmental unit and collected by ROW Occupant for the governmental
unit;
3. Receipts for the sale or transfer of tangible property;
4. Receipts for the sale or transfer of the System;
5. Receipts from the installation or reconnection of Cable Service, the transfer
of an existing connection, the moving of a Cable Television outlet, or other nonrecurring
charges to a Subscriber or user for technical or installation services; and
6. Charges, credits, compensation, or payments on a commercially reasonable
basis to an Affiliate, subsidiary, or parent for services rendered to ROW Occupant.
7. Receipts for Communications Service.
F. Cable Television System or Cable System or System. Facilities consisting
of antennae, coaxial cables, fiber optic cables, wave guides, conductors, or other closed
transmission paths and associated signal generation, reception, and control equipment,
and other equipment designed to provide Cable Service or Cable Service and
Communications Service to subscribers and users.
G. City means the City of Tulsa.
H. Communications Service means the offering of Telecommunications for a
fee directly to the public, or to such classes of users as to be effectively available directly
to the public, regardless of the Facilities used. Communication service shall also include,
but not necessarily be limited to, Basic Local Service, Enhanced Service, Digital
Transmission Service, and Non Digital Point to Point or Private Line Service.
Communication Service does not include Cable Service.
I. Communications Service Gross Revenues means all revenues received from
or in respect of subscribers to or users of Communication Services exclusive of revenues
received from the imposition of city, state, or federal taxes or fees.
J. Digital Transmission Service means digital transmission services, including
but not limited to the following:
1. Digital Subscriber Line (DSL);
2. Asynchronous Transfer Mode (ATM);
3. Packet Switched Data;
4. Frame Relay;
5. Integrated Services Digital Network (ISDN);
6. Dedicated digital or switched digital connections, including but not limited
to fractional T-1, T-1 and higher capacity offerings (i.e., OC-3); and
7. Virtual private networks provided by LEC’s within the City of Tulsa.
K. Emergency means a condition that poses a clear and immediate danger to
life or health, of a significant loss of property, or requires immediate repair or replacement
in order to restore service to the public or a customer.
L. Elevation View means the product of the equipment's maximum height and
width utilizing the largest side of the equipment. (For example, an equipment cabinet with
exterior dimensions of 3'x4'x2' would have an elevation view of twelve (12) square feet; a
generator with exterior dimensions of 4'x4'x5' would have an elevation view of twenty (20)
square feet; and, a traffic control box with exterior dimensions of 7'x2'x4' would have an
elevation view of twenty-eight (28) square feet.
M. Enhanced Service means a service that is delivered over communications
transmission Facilities (whether owned or leased), including but not limited to:
1. That which changes the content, format, code, or protocol of transmitted
information;
2. Provides the customer new or restructured information;
3. Involves end-user interaction with information stored in a computer;
4. Service enhancements and features, including but not limited to call
forwarding, call waiting, caller ID, automatic call back, call return, three-way calling, speed
dialing, or assisted dialing; and
5. Provision of services or Facilities to resellers of any of these services.
This definition does not include the resale of services to subscribers, or the
provision of wireless telephone service.
N. Excavate means to dig into, around, or under, or in any way remove or
physically disturb or penetrate any part of the Rights-of-Way, including but not limited
to boring, blasting, pushing, and drilling holes for the installation of poles or conduit.
O. Facility or Facilities means all or any part of a collective system of tangible
things, including but not limited to pipelines, conduits, copper, or fiber optic cabling,
pedestals, guy wires, anchors, vaults, junction boxes, utility poles, and electrical wiring,
that is partly or entirely located in the Rights-of-Way and is used for the transmission of
goods or services, including but not limited to natural gas, steam, chilled, or potable water,
electricity, Cable Television Service, or telecommunications service, regardless of whether
the services are provided for a fee, or provided to the general public, to a limited group of
private users, or solely for the benefit of the owner of the system.
P. Franchise holder means a holder of a voter approved public service
franchise.
Q. Local Exchange Carrier (LEC) means any person that is engaged in the
provision of telephone exchange service or exchange access over Facilities located in the
Rights-of-Way. This definition includes incumbent carriers, competitive access carriers,
alternative carriers, and integrated telecommunications service providers. This definition
also includes subsidiaries of LEC's and carriers providing only or mainly specialized and
broadband telecommunications services.
If an LEC employs a mix of terrestrial or guided media and wireless technologies,
such as last mile radio or optical access, that LEC is not considered a wireless telephone
service provider.
R. Major Project means projects that exceed five hundred (500) feet in length,
or require boring under an Arterial Rights-of-Way, or the cutting of any pavement in an
Arterial Rights-of-Way, or involve the installation of an additional transmission pole, or the
blockage of any traveling lane in any Arterial Rights-of-Way, for any amount of time.
S. Mayor means the Mayor of the City of Tulsa as established by the Charter
of the City of Tulsa.
T. Non-Digital Point to Point or Private Line Service means service over
Facilities dedicated for the use of a particular subscriber or carrying transmissions solely
between specified points on behalf of such a subscriber, including but not limited to the
following:
1. E and M Tie Trunks; and
2. Other lines or circuits for telemetry, signaling, or other uses.
This definition does not include the resale of services to subscribers, or the
provision of wireless telephone service.
U. Obstruct means to place any tangible object or material in the Rights-of-Way
in a manner that stops, hinders, disrupts, or otherwise interferes with free and open
passage over a specific area or part of the Rights-of-Way. The term does not include the
otherwise legal parking of a vehicle subject to all the current parking regulations of Title 37,
Tulsa Revised Ordinances.
V. Occupancy Permit means a grant of authority from the City to occupy the
Rights-of-Way for the purposes of placing, owning, operating, or managing Facilities in
the Rights-of-Way.
W. Occupancy Permit Holder means any person holding an Occupancy Permit.
X. Permittee means any person to whom a ROW Construction Permit has been
issued.
Y. Person means any natural or corporate person, business association or other
business entity, including but not limited to a partnership, a sole proprietorship, a political
subdivision, a public or private agency or authority of any kind, a utility, a successor or
assign of any of the foregoing, or any other legal entity, but not the City.
Z. Public Service Franchise means the authorization granted by the City, and
approved by a vote of the people, giving the grantee the nonexclusive right to provide,
through public Facilities maintained or operated upon, across, beneath, or over any
Rights-of-Way in the City, any general public service, including heat, light, power,
refrigeration, or steam, but not including telecommunications services or Cable Television
Service, within a defined franchise area.
AA. Rights-of-Way Occupancy Fee means an annual charge that recovers an
apportioned share of the actual costs to the City of acquiring and maintaining the Arterial
Rights-of-Way.
BB. Rights-of-Way Construction Permit or ROW Construction Permit means an
authorization to excavate in or obstruct Rights-of-Way at a specific place and time, for the
purposes of installing, constructing, or maintaining Facilities within a specified portion of
Rights-of-Way.
CC. Rights-of-Way Occupant or ROW Occupant means a person that owns,
manages, operates, controls, or has the ability to directly affect the Facilities located in the
Rights-of-Way.
DD. Rights-of-Way or ROW means the surface, the airspace above ground, and
the area below the surface of any public street, highway, parkway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, adjacent easement, or similar property in which
the City now or hereafter holds a property interest and/or a maintenance responsibility
which, consistent with the purposes for which it was dedicated, may be used for the
purpose of constructing, installing, operating, and maintaining Facilities of any kind,
including but not limited to conduits, pipelines, cables, utility poles, junction boxes, and
duct banks. Rights-of-Way does not include buildings, parks, or other property owned
or leased by the City, its trusts, or authorities, but does include all Arterial Rights-of-Way
as defined by this chapter. No reference herein, or in any Franchise Agreement or
Occupancy Permit yet to be negotiated, to any Rights-of-Way, shall be deemed to be a
representation or guarantee by the City that its interest or other right to control the use of
such property is sufficient to permit its use for such purposes, and a Franchise Holder or
Occupancy Permit holder shall be deemed to gain only those rights to use as are properly
in the City and as the City may have the right and power to give.
Should the ROW Occupant desire the City to investigate whether the City can make
a representation or guarantee that its interest or other right to control the use of such
property is sufficient to permit the ROW Occupant's use for such purposes, then the ROW
Occupant shall submit, in advance, sufficient funds to cover all costs associated with such
an investigation by the City including but not limited to, attorney fees, surveyor fees, title
examination fees, and title insurance fees.
EE. Telecommunications means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in the form
or content of the information as sent and received, as defined in the Communications Act
of 1934, as amended.
FF. Thermal Service means the sale of chilled water and steam.
GG. Thermal Service Gross Revenues means all revenues received from or in
respect of Thermal Service exclusive of revenues received from the imposition of city, state,
or federal taxes or fees.
HH. Transfer means any transaction in which:
1. All or a portion of a ROW Occupant's Facilities is sold or assigned;
2. There is any change, acquisition, direct or indirect transfer of control of the
ROW Occupant; or
3. The rights or obligations held by the ROW Occupant are transferred, sold,
assigned, or leased, in whole or in part, directly or indirectly, to another party.
II. Traveling Surface means that portion of the Arterial Rights-of-Way, paved
with either asphalt or concrete, or other material designed to support vehicular traffic,
lying between those portions of the Arterial Rights-of-Way that are unpaved.
Ord. No. 19945
SECTION 1203. ADMINISTRATION
A. General. Under the direction of the Mayor, the ROW Administrator of the
Telecommunications/ISD Department, the Public Works Director, and the Director of
Finance shall be jointly responsible for the administration and enforcement of this chapter.
B. ROW Administrator. The ROW Administrator shall be the principal City
official responsible for the administration of the registration of ROW Occupants, issuance
of Occupancy Permits, calculation of and invoicing for ROW Occupancy Fees,
maintenance of Facilities information, administration records, and all other duties related
to the maintenance of records on ROW Occupants.
C. Public Works Director. The Public Works Director shall be the principal City
official responsible for administration and enforcement of matters related to Rights-of-Way
Construction Permits and the enforcement of engineering standards as outlined in this
chapter.
D. Director of Finance. The Director of Finance (or designee of the Mayor) shall
be the primary City official responsible for administration and enforcement of all insurance
requirements and collection activities provided for in this chapter.
Ord. No. 19945
SECTION 1204. AUTHORITY TO OCCUPY THE RIGHTS-OF-WAY
A. General. Any person subject to this chapter wishing to construct, install,
operate, or maintain any Facilities in the Rights-of-Way shall first obtain proper
authorization, as described in this section.
B. Occupancy Permit. Every ROW Occupant with more than one hundred
(100) linear feet of Facilities, including any City department and any City trust or authority,
regardless of the authority under which the person occupies the Rights-of-Way, must
register with the Public Works Director, and apply for an Occupancy Permit, no later than
January 3, 2001, pursuant to Section 1205. Thereafter, all new ROW Occupants with more
than one hundred (100) linear feet of Facilities shall register and apply for an Occupancy
Permit, upon completion of a new Facility installation, or April 15, whichever is sooner.
C. Rights-of-Way Construction Permits. No person shall obstruct the Traveling
Surface or construct more than one hundred (100) linear feet of new Facilities or do
maintenance work on more than five hundred (500) feet of Facilities or cut the pavement
or put Facilities under the pavement or any new pole installation of any defined
Rights-of-Way without first obtaining a Rights-of-Way Construction Permit pursuant to
Section 1208. This section does not apply to any governmental unit or entity engaged in
the official act of maintaining any element of its transportation system, including but not
limited to the state of Oklahoma, the City of Tulsa, or the U.S. Government.
Ord. No. 19945
SECTION 1205. OCCUPANCY PERMITS
A. Application for Occupancy Permit. Each ROW Occupant with more than
one hundred (100) linear feet of Facilities shall apply for an Occupancy Permit. The Public
Works Director shall provide an application and may require, in the Public Works
Director's sole discretion, any of the following information:
1. The name, address, telephone number, and form of business of the
applicant