Ord 63-2021 Amending Chapter 94 Section 266 of the Code of Ordinances 11/16/2021 Ordinance No. 63-2021
Ordinance amending Chapter 94, Section 266 to require equipment to
be installed underground, providing codification
WHEREAS, Texas Local Government Code Section 283 allows municipalities to
retain the authority to manage a public right-of-way within the municipality to ensure the
health, safety, and welfare of the public; and,
WHEREAS, the above-ground pedestals and boxes in residential front yards are
found to be detrimental to public health, safety, and welfare; and,
WHEREAS, the above-ground pedestals and boxes located in alleys are found to
be a hindrance to vehicular traffic flow and are deemed to be detrimental to public health,
safety, and welfare; and,
WHEREAS, this ordinance is further intended to preserve the residential
appearance of the City and its property values to the benefit of public welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 94, Section 266 to require equipment to be installed underground and
shall read as follows.
Sec. 94-266. General public rights-of-way use and construction.
(c) Underground construction versus use of poles.
(1) In areas where all facilities are installed underground at the time of
service provider's construction, all service provider's facilities shall also be placed
underground at no expense to the city, unless otherwise approved by the director
of public works or designee. Related equipment, such as pedestals, must be
placed in accordance with the city's applicable code requirements and rules,
including all visibility easement requirements. However, related equipment in City
alleys, utility easements, or in front of residential structures must be placed
underground or flush mount with the ground surface by means of a hand-hole,
junction box, pull box, or vault. Flush mounted hand-holes must be no larger than
24" wide by 24" long by 24" deep and must be rated for vehicular traffic when
placed within the right-of-way or alleys. Flush mounted hand-holes must not be
placed to hinder the use of the sidewalk or within three feet horizontally from
existing City utilities (water, sewer, drainage). Where such underground
requirement is not suitable, upon written request, modification may be allowed by
the director of public works or designee. If existing equipment is removed or
replaced, such new equipment shall be in accordance with these regulations. In
areas where existing facilities are aerial, the service provider may install aerial
facilities.
2. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or re-
lettered to accomplish such intention.
PASSED AND APPROVED this 16th day of November 2021.
MAYOR
ATTEST:
City Clerk