Council adopts excavation, road-closure and utility-reporting ordinance with fees and cease-work authority

The Alice City Council on Jan. 28 adopted an update to the city’s excavation and right-of-way ordinance that adds a road-closure fee, expands inspectors’ cease-work authority and requires utility users to report damages promptly.

Engineering staff explained that the ordinance change will require a city permit for temporary closure of public streets and set a proposed road-closure fee of 5¢ per square foot per day. The fee is tied to the right-of-way permit process and applies to contractors or others seeking to temporarily close a city street.

The update also expands the text of the city’s cease-work order to allow inspectors to stop work immediately when they observe performance or installations that do not meet city specifications, and it adds authority to halt work when contractors damage city utilities and do not promptly repair them. Engineering staff told the council they have seen unreported utility damage in recent months and said the ordinance will require utility users to notify inspections staff of any damages.

If damages go unreported, the ordinance authorizes the city to recover investigation and repair costs from the responsible utility user; staff described potential chargeable costs as third-party rentals, third-party services, equipment at FEMA rates and administrative costs. The updated schedule of repair charges was modernized to include underground repair categories that previously lacked standard pricing; the ordinance text leaves specific clamp and other specialized fastener costs to be invoiced on a per-item basis because those costs vary widely.

Council discussion focused on enforcement and prevention; council members asked whether inspectors can be on-site before trench backfill and about penalties for intentionally failing to report damage. Staff said inspectors make rounds but cannot be present 24 hours a day; the new rule places responsibility on the utility user to report breaks promptly and to bear investigation costs if they do not.

A council member moved to adopt the ordinance with the engineering department’s changes; the motion passed on a voice vote with no recorded opposition reported in open session.

Why it matters: The ordinance centralizes permit control for temporary road closures, sets a measurable fee for closures, provides inspectors with clearer immediate enforcement options, and creates a mechanism to recoup city costs when unreported utility damage requires city response.

Next steps: Staff will implement the updated right-of-way permit procedures, publish the revised repair-cost schedule and apply the new road-closure fee and reporting requirements to future permits.