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HomeMy WebLinkAbout30 03-07-1955ORDINANCE NO. 30 All ORDINANCE REGULATING THE CUTTING OF STREETS, ALLEYS AND SIDEWALKS IN THE CITY OF EULESS, TEXAS, FOR THE PURPOSE OF MAKING CONNECTIONS TO, OR TO REPAIR OR ALTER ANY WATER OR SEWER LINES OR HOUSE OR MAIN SEWER OR WATER LINES OR FOR ANY OTHER PURPOSE; PROVIDING FOR THE I SSUANCE OF A PERMIT FOR ANY OF SUCH STREET CUTTING SUBJECT TO SUCH REGULATIONS AS PRO- VIDED HEREIN; PROVIDING SPECIFICATIONS FOR BACKFILLING AND RESTORATION OF STREETS, ALLEYS AND SIDEWALKS FCILLOWING THE CUTTING THEREOF; PROVIDING FOR POSTING OF BONDS FOR PURPOSE OF INDEMNIFYING CITY AGAINST DAMAGES TO CITY GROWING CUT OF CUTTING OF SUCH STREET, ALLEYS AND SIDEWALKS; FURTHER PRO- VIDING THAT ANY PERSON, PERSONS, FIRM OR CORPORATI CN, WHO SHALL DIG UP OR CUT AND STREET, ALLEY OR SIDEWALK IN THE CITY OF EULESS, TEXAS, WITHOUT FIRST SECURING A PERMIT THEREFORE FROM THE CITY SECRETARY, AND WHO FAILS AND REFUSES TO BACK- FILL AND RESTORE SUCH STREETS, ALLEYS AND SIDEWALKS IN ACCORDANCE WITH SPECIFICATIOIiS PROVIDED HEREIN SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION; SHALL BE FIIIED IN ANY SUM OF NOT LESS THAN $5.00 AND NOT MORE THAN $100.00, EACH DAY SUCH VIOLATION EXISTS SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE; FURTHER PROVIDING THAT IN CASE OF WILFUL VIOLATION HEREOF, SUCH VIOLATIONS OF THE PRO- VISIONS OF THIS ORDINANCE AS A MISDEMEANOR SHALL NOT PRECLUDE THE CITY OF EULESS, TEXAS, FROM INVOKING THE CIVIL REMEDIES GIVE IT BY THE LAWS OF THE STATE OF TEXAS, BUT SHALL BE CUMULATIVE AND SUBJECT TO PROSECUTION AS HEREINABOVE PRESCRIBED FOR SUCH VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, J TEXAS: Any person, firm or corpor<9tion desiring to open any street, I alley, or sidewalk for the purpose of making connections to any water or sanitary sewer system or for any other p urpoge I n the City of Euless, Texas, or to alter or repair any water lines or %souse or main or lateral se- er lroes, or for any other reason shall first, make application to the City Secretary of Euless, or his authorized re- presentative, and receive in writing a permit to open such alley or sidewalk for such purpose or purposes as the terms of the permit shall specify. 2. (a) Before said permit is granted by the City- Secretary, the party applying therefor shall file with the City Secretary a surety, bond in the sum of 41000.00, with good and sufficient surety, to b--. approved by the City Secretary and City Attorney, conditioned thet MIM the said Permitee will restore all streets, alleys or sidewalks opened by said Permitee to the same condition that e<v sted previous to such opening, under the specifications hereinafter rovided, and will save, indemnify and keep harmless the City of Euless against all liabilities, judgments, costs and expenses which may in any way accrue against the City in consequence of the granting of said permit (b) If said Permitee does not desire to file such bond with the City, such application made for the cutting of a street shall be accompanied by a deposit in cash made to the City Secret,a,ry in a sum as may be required by the City Engineer, based upon an estimate of the reasonable cost of the backfilling and restoration of the street, alley or side? ^calk opened, as a guarantee that the holder of said Permit will restore the said Street, alley or sidewalk to the same condition that existed previous to its opening and under the specifica- tions herein provided. 3. 000 the ex3Dira,tion time named in the permit or sooner if the use of the streets, alleys, avenues or public grounds as Provided therein is no longer necessary, the said Permitee shall clear said street, alley or sidewalk of all obstructions. Specifications for restoring streets, alleys or sidewalks are as follows: (a) DIRT ST."REET OR ATLr'T. Ditch shall be well tamped in 611 layers and in case of settlement, party holding said permit agrees to maintain said ditch for a, reasonable length of time. (b) GRAVEL STR EET S OR ALLEYS. Ditch shall be well t amp ed in 611 layers to a point 911 below the surface o f 'the street, after which one (1) foot of good road gravel will be ta-7 ped in until level with the surface of the existing streets Party holding said permit agrees to maintain said out for a reasonable length of time. (c) ASPRALT TR SATED GRAVEL STREETS. Ditch shall be taken care of as in the above paragraph and in addition the cut shah be finished by handpouring approximately .6 of a gallon of 90 --100 penetration asphalt followed by a covering of what is ordinarily termed chat or torpedo gravel. (d ) PAVED STR7_�E1 ^S. Ditch shall be flooded and filled with a good quality of backfill gravel and tamped down to a point 611 below the top of the existing concrete base and then filled with 611 of a 1:6 mixture of concrete. After four (4) days time, a surface shall be applied corres?-)onding to the existing surface on the street. (e) No street, road, or thoroughfare in the City that has been modified to conform to semi -- ;Permanent design„ shall be cut or opened by Permitee, 'but that said Permitee shall be required to drill, core, or Jack through the sub -grade at a depth to be determined by the City Engineer. However, if such procedure is deemed impractical by reason of rock, utilities, underground construction or t erraine and a cut or opening is made, all backfill materials shall be of selected - 2 - mineral aggregate and cement in proportions of 2? to 1 properly compacted and covered with a three (3) inch concrete slab sub- grade. (f) SIDEWALKS, GUTT RS AND D:PIV1E,1AYS. Ditch shall be flooded and filled with a good quality of bac -fill gravel after which a concrete surface shall be applied that meets with specifications for concrete sidewalks, putters and driveways, as required by the City. (g) INSPECTION: Any and all of the above work shall be done under the direction of, and satisfactory to, the City Engineer. The holder of a permit shall notify the City Engineer twenty -four (24 ) hours prior to the time the backfill will be made and a City Inspector shall be present at the time the work is done, but tklis will in no way relieve the permit holder from his responsibility for maintenance due to failure of the repaired cut. (h) If such opening or excavation is not refilled and restored as herein provided an approved by the City Engineer or his authorized representative, it shall be the duty of the City Engineer to notify such Permitee in writing to refill and restore same and provided also, that if said Permitee shall fail to refill and restore the same within three (3) days after issuance of such notice, the City Engineer shall immediately proceed to have said opening or excavation refilled and restore said street, alley or sidewalk to its previous condition at the cost of such Permitee and to pay for the same either out of the afore- mentioned cash deposit, or demand ?payment of the cost of such restoration from said Permitee and his surety in cases where such Permitee has filed a surety bond as herein provided.; further provided that in cases where a cash deposit was made, whatever amount of said deposit may remain after the payment of said cost of restoration is made, shall be refunded to the said Permitee provided that if said Permitee shall refill and restore said street or alley to its previous condition and same is approved by the City Engineer, the aforementioned cash deposit shall be returned to Permitee upon authorization by the said City Engineer; provided further that in the event any Permitee shall fail_ to refill and restore any street, alley or sidewalk, that no further permit shall be issued the said Permitee by the City Secretary until said excavation shall have been refilled and restored and the cost of same has been fully paid. 4, SAFETY OF THE PUBLIC: (a) The permit holder shall not cut or open more than one -half (1/2) of the roadway at a time in order to, maintain the flow of traffic at all times. However, in an emergency, or with the permission of the City Engineer, the total width of roads;ray may be cut or opened provided barricades are placed at the first inter- section each way from the cut and suitable detour signs erected. (b) If a cut or opening is left after 6:00 P. 1% a barricade must be placed on both sides of the cut and a suitable flare or flares shall be placed in front of each barricade. Said barricades and flares to be furnished by the permit holder. (c) It is understood that the permit holder shall be res- ponsible for the safety of the public and shall, be held fully liable for accidents and for damages that might be caused. by said cut until same has been approved and accepted by the City Engineer, or his authorized representative. 5. (a) Any person, persons, firm or corporation who shall dig up or cut any street, alley or sidewalks in the City of Euless, Texas, without first having secured a permit as provided herein, and who fails and refuses to comply with the specifications in backfilling and restoration of such streets, alleys and. sidewalks, shall be deemed guilty of a misdemeanor and be subject to a fine in a sum of not less than " 5.00 nor more than $ 100.00. Each day that such violation continues to exist shall be a separate and distinct offense. (b) But in case of any wilful violation of any of the terms and provisions of this ordinance, the City of Euless, Texas, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in any count having proper jurisdiction, to restrain, correct, or abate such violation; and the definition of any violation of the terms of this ordinance as a misdemeanor shall not preclude the City of Euless from invoking the civil remedies given it by the laws of the State of Te--;as, but shall be cumulative and subject to prosecu- tions as hereinabove Prescribed for such violations. 6. UNTIL such time as the City retains a qualified person as City Engineer the County Engineer of Tarrant County, Texas, is hereby appointed. to serve the City as its City Engineer with full power and authority to enforce all of the provisions of this Ordinance, THIS Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Euless affecting traffic on its streets and shall not .aerate to repeal or affect any such or- dinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with those provisions of this ordinance, in which instance or instances those provisions shall be and they are hereby repealed. a. Should any section, article, provisions or part of this ordinance be declared to be unconstitutional and void by a Court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance unless the part held uncon- stitutional or void is inseparable from and indispensable to the opera, tion of the remaining parts. The City Council hereby declares that it would have passed those parts which may be unconstitutional if it had known that such parts were unconstitutional at the time of the passagz of this ordinance. - 4 - 9. The City Council specifically finds and declares that there Is no newspaper of any character published in the City of Euless, Texas, and the Mayor is further authorized and directed to cause a True and Correct Copy of this Ordinance, duly certified by the City Secretary, to be posted in three public places within the City one of which shall_ be at the C1.tyHall, for a period of ten (10� days following the adoption her eofe 10. This Ordinance shall become effective, and be in full force and effect from and after the date of its adoption and publication as by law provided. ADOPTED this 7th day of March, A. D. 1955. .APPROVED ATTEST ff CITY S2CR�,? ARY THE STATE OF TEXAS CITY OF EULESS, TEXAS COUNTY 0 F TARR.I� T � MAYOR ro _ re I, J. $e Anderson, City Secretary of the City of Euless, Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance NO, 30, duly presented and adopted by the City Council of said City of Euless, Texas, at a meeting held on the day of Karch, A. Dm 1955, as same appears in the minutes of sai meeting WITNESS MY HAND AND THE SEAL OF THE CITY OF EULESS. TEAS, this the — �_,y,_ —d ay of Harch, A. De 1955, City Secretary