Loading...
HomeMy WebLinkAbout40 06-30-1955ORDINANCE NO. 40 AN ORDIN.AINCE TO BE HEREAFTER IDENTIFIED AS THE PLANNING ORDINANCE OF THE CITY OF EULESS, TEXAS; PROVIDING FOR THE APPROVAL BY THE CITY PLANNING COMMITTEE, OF PLANS, PLATS AND REPLATS OF THE SUB- DIVIDING OF LAND BY OWNERS OF PROPERTY SITUATED WITHIN THE LIMITS OF THE CITY OF EULESS, TEXAS, AND OUTSIDE OF SUCH LIMITS WITHIN FIVE MILES THEREOF, AS PROVIDED IN ARTICLE 074 -A, OF THE REVISED CIVIL STATUTES OF TEXAS, AS AMENDED; PROVIDING FOR THE SUBMITTING OF ANY PLANS, PLATS OR REPLATS FOR CREATI NG, ALTERING, OR CHANGING, ADDITIONS AND SUBDIVISIONS OF LAND, TO THE CITY PLANNING COMMISSION FOR APPROVAL, PRIOR TO FILING THEREOF IN THE COU NTY RECORDS, FURTHER PROVIDING .AUTHORITY FOR REJECTION OF PLANS, PLATS AND RWPLATS FOR CAUSE AS, PROVIDED IN THIS ORDINANCE; PROVIDING THAT IT SHALL BE UNLAWFUL TO ERECT ANY BUILDING OR STRUCTURES OF ANY KIND WHATSOEVZi ON ANY PROPERTY DESCRIBED IN SUCH PLANS, PLAT OR REPLATS UNTIL S.OU4 E HAVE BEEN APPROVED BY' THE PLANNING COMMISSION; FURTHER PROVIDING THAT IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO CONNECT TO ANY LAND IN ANY PLAN, PLAT OR REPLAT WITH ANY KIND OF PUBLIC UTILITY SERVICE, UNTIL SUCH PLAN, PLAT OR REPLAT SHALL HAVE BEEN APPROVED BY THE CITY PLANING COMMISSION; PROVIDING CERTAIN RULES AND REGULATIONS IN CONNECTION WITH SUBDIVIDING OF LAND AND PREPx1RA TION OF PLANS, PLATS AND REPLATS, AND CONSTRUCTION OF CURB, GUTTERS, DRIVEWAYS AND STREETS IN ADDITIONS AND SUBDIVISIONS, AND ANY REPLATTING OF SAME; PROVIDING A CUMMULATIVE AND SAVING CLAUSE AND FOR REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND FURTHER PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A 'MISDEMEANOR AND UPON CONVICTION THEREOF SHl LL BE FINED NOT LESS THm TEN DOLLARS 0610.00) NOR 11ORE THAN TWO HUNDRED DOLLARS ($ 200.00) EACH DAY SUCH VIOLATION CONTINUED SHALL CONSTITUTE A SEPARATE AND DISTI14CT OFFENSE; FURTHER PROVIDING THAT IN CASE OF WILFUL AND CONTINUOUS VIOLATIONS HVEOF, SUCH VIOLATIONS OF THE PROVISIONTS OF THIS ORDINANCE BEING DECLARED THEREIN AS A HISDETn= EANOR, SHALL NOT PRECLUDE THE CITY OF EULESS, TEXAS, FROM INVOKING THE CIVIL REMEDIES GIVEN IT BY THE LAWS OF THE- STATE OF TEXAS, BUT SHALL BE CUMULATIVE ADD SUBJECT TO PRO- SECUTION AS HEREINABOVE DESCRIBED FOR SUCH VIOLATION OR VIOLATIONS; FURTHER PROVIDING THAT THIS ORDIIIIMCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT FRO31-T AND AFTER THE DATE OF ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED. ADOPTED THIS 30th DAY OF JUNE, A. D. 1955. fiAYOR T. TY SECRET. Off ORDINANCE NO. 40 edwWl NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU- 1.10IL OF THE,CITY OF EULESS, TES AS: I. THAT hereafter, every owner of any tract of land situated within the corporate limits of the City of Euless, Texas, and outside, of said limits within five rni les thereof, who may hereafter, subdivide the same in two or more parts for the purpose of laying out any subdivision for, - building lots or any lots, and streets, alleys, parks or other portions intended for public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made which shall accurately describe all of the subdivision of such tract or parcel of land, giving dimensions thereof, and dimensions of all streets, alleys, squares, parks or other portion of same intended to be dedicated for public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, in accordance with the rules and regulations hereinafter provided. II. THAT every such plat shall be duly acknowledged by owners or proprietors of the land, or some duly authorized agent of said owners or proprietors, in the manner required for the acknowledgment of deeds, and that it shall be unlawful to erect any buildings or structures of any kind whatsoever on any of the property described therein unless and until the same shall have been approved by the City Planing Commission, and recorded in the Deed Records in the office of the County Clerk of Tarrant County, Texas. III. IF the plan submitted by subdividing any such lands, or for creating an addition, or for replatting such lands does not create any lots of a size smaller than those prohibited by any ordinance, of the City of Euless, and. creates streets sufficient in width to care for any traffic reasonably expected to use such streets, but in no event to be less than the width as hereinafter -provided, -and presents a plan for dividing and laying out said _lands in a uniform manner and presents a reasonable plan for caring for public utilities that will reasonably be needed by the future occupants of such lands and is not otherwise in violation of any City ordinances or state laws, then the Planning Commission shall endorse its approval thereon. Otherwise it shall refuse to approve such plan. C Iv. ANY person desiring to have a plan, plat or replat approved as herein ,provided, shall apply therefor to and file a copy of said plan, plat or replat together with a true copy of the proposed de- dication of such subdivision duly executed and acknowledged, with the City Planning Commission herein authorized to approve same, which shall act upon same within thirty days from filing date. If said plat be not disapproved within thirty days from said filing date, it shall be deemed to have been approved and a certificate showing said filing date and the failure to take action thereon within thirty days from said filing date, shall on demand be issued by the Planning Commission and said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein re- quired. If the plan, plat or replat is approved, the Planning Commission shall indicate such finding by a certificate endorsedthereon, signed by the. Chairman or Vice Chairman of said Commission duly attest- ed by the Secretary thereof. Such Commission shall keep a record of such applications and the action taken thereupon, and upon demand of the owners of any land affected, shall certify its reasons for the action taken in the matter„ V. THAT any such plan, plat or replat may be vacated. by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided the approval of the City Planning Commission of the City of Euless, shall have been obtained as above provided, and the execution and recordation of such approval shall operate to destroy the force and effect of the recording of the plan, plat or replat so vacated. In cases where lots have been sold., the plan, plat or replat, or any part thereof, may be vacated upon the application of all of the owners of lots included in said plat and with the approval, as above provided. VI. UNLESS and until any such plan, plat or _replat shall have been first approved in the manner and by the authorities provided for in this ordinance, no building permits shall be issued for any construction whatsoever, and it shall_ be unlawful within the area covered by said plan, plat or replat for any person, firm or any corporation to serve or connect said land, or any part thereof, or for the use of the owners or purchaserts of said land, or any part thereof, with any public utilities such as water, sewers, light, gas, etc. which may be owned, controlled or distributed bJT such City, or other utility suppliers, unless authorized in writing by the Building Commissioner to do so as is pro- vided in the building code of this City. -2- do. VII. ..W-. IF any such plan, plat or replat is disapproved by the Planning Commission, such disapproval shall be deemed a refusal by the City of the offered dedication shown thereon. VIII. THE owners- of property d e siring to subdivide the same as hereina.bove stated shall comply with the following rules and regulations: 1. A plat or map shall be submitted, on a scalp, of not more than two hundred (200) feet per inch, and certified as to accuracy by the engineer, or surveyor, preparing the plat of the new subdivision_, showing in reasonable detail, the location and width of existing and dedicated streets, roads, lots and alleys, easement and similar facts regarding all property iMmediately adjacent thereto; also the connect- ions between the new and the old subdivision. If there are no adja- cent subdivisions, then an accurate map must be presented to the Planning Commission showing the outline and ownership of adjacent pro- perties, location and distance of the nearest and subdivisions and how the streets in the subdivision offered for record may connect with those in the nearest subdivision. 2. The name of the proposed subdivision, or any of the physical features (such as streets, roads, parks, etc. ) must not be so similar in spelling or in pronunciation to the name of any similar features in, or in any other incorporated town or cities in Tarrant County, as to cause confusion. Streets which are a. continuation of any existing street shall take the names of the existing roads or streets. 3. Boundary lines must be shown by bearings and distances, calling for the lines of established surveys or land marks, and other data furnished sufficient to locate the property on the ground. All block corners, and angles in streets and alleys, shall b e marked with 3/4 inch gallvanized pipe 5 feet long, or with an appropriate concrete marker of the same length. A specific property tie in relation to the original survey shall be clearly and legibly noted on each plat or map. 4. Unconventional layouts or layouts that will cause unsatisfactory drainage conditions or that will complicate maintenance of roads, streets, or any land dedicated for public use will not be accepted. 5. Until such time as a Sanitary Sewer System is constructed in the City, all lots shown on said plat as to width and over all size designed to be used for Family Dwelling Purposes, shall be �of 55 feet in width at the front building line, and shall contain not less than 7500 square feet, where a public sanitary sewer is available; where such setirer is not available the minimum area of lots shall be 10,000 sq uare feet, and so far as practical., shall have their side lot line at right angles to the street on which they face, or radial to curved street lines. - 3 - 6. Number of lots and blocks are to be arranged in a systematic order and shown in the plat in distinct and legible figures. 7. Location of lots, streets, alleys, parks, easements, and other features must be shown, with accurate dimensionis in feet and decimals of feet. Length of radial and arcs of all curves with bearings of all tangents must be shown; also dimensions from all angle points and points of curve to lot lines. 8. All streets shall have a minimum width or right of way of fifty (50) fPnt, and must provide unhampered circulation through the sub- division. Streets and alleys shall. not "dead- -end" against an e<.ist -- ing subdivision, nor against any other property. 9. Adequate off - street narking space must be provided- in business or commercial areas. 10. All streets preferable to intersect at ninety (90) degrees angle; where this not possible, the intersection on the. side of the acute angle must be rounded with a curve or a cut -back, as specified by the City Engineer, but in no case s►_zall the curve hove less than twenty -five (25) foot radius. 11. in cases where the new struts as platted intersect with establ- ished streets, the new streets shall be, if pradticable, a continuation, without offset, of any intersecting street on the opposite side of said established street. 12. No street shall have an abrupt offset, or "jog" in t 13. Where streets in an adjoining subdivision end at the property line of the new subdivision, the said streets shall be continued through the new subdivision, either on a straight line or a curve as provided elsewhere herein. Where no adjacent connections are platted, the streets in the new subdivision must in general be the reasonable projections of streets in the nearest subdivided tr,-,.cts. All streets in new subdivisions shall be platted so that a continuation of said roads or streets may be made in other subdivisions in the future; the purpose being to eliminate "dead -end" streets. 14. Where part of a street has been- dedicated in an adjoining sub- division adjacent to and along the common property line of the two subdivisions, enough width of right -of --way must be dedicated in the new subdivision to provide the minimum width specified herein. X15. No sn.uares, "island ", or other obstructions to traffic shall be reserved within the right-of-way; this shall not exclude small parts where the roads are properly curved, or esplanades. No reserve areas or strips will be permitted. 16. The map or plat shall be drawn with india ink or its equivalent on tracing velum or cloth, to a scale of not more than two hundred (200) feet to the inch. we 17. The final plat or map must be made by a surveyor or engineer from an actual survey on the ground. 18. The plat or map shall show all natural drains and water courses as they exist, or as adjusted with an easement of sufficient width to control storm waters. 19. Minimum width of alleys shall be fifteen (15) feet except in business or commercial areas which width shall be determined by the City Engineer. If alle=ys are omitted, a, five (5) foot utility easement across the back and /or side of each lot small be dedicated from street to street in order to effect proper utility connections. 20. It shall be the duty of each surveyor or engineer, then re-sub- dividing a portion of, or an existing subdivision to clearly and legibly note and indicate legally that portion undergoing revision. 21. Where the new subdivision abuts an existing road or street, the owner shall rr:ake sufficient improvem�ints so that the City will not be imposed upon to do so. IX. No plan or plat of any subdivision of land situated within the City of Euless, Texas, wherein streets are contained and dedicated, shall receive final approval thereof unless the owner or developer shall execute and deliver to the City, in writing, his, their and /or its agreement guaranteeing that all of the streets contained in such ?plan or plat, without any cost or expense to the City, will be con- structed in accordance with the provisions of this Ordinance, with curb and gut cer and cement concrete driveways, installed therein and be paved from gutter to gutter in accordance with specifications herein- after provided and that such streets will be r.iiatntained by such person, persons, firm or corporation for a period of two years following acceptance thereof by the City, and that such agreement shall be accompan- i ed with a Surety Bond furnished by a Surety Corporation authorized to do business in Texas pursuant to the provisions of Chapter Seven (7) of the insurance Code of Texas, 1951 Revision and as amended, payable to the City in an amount sufficient to cover the cost of such con- struction and maintenance. SPECI PI CATI ONS "All QvIENT CONCREUE CURBS AND GUTTERS 1. DESCRIPTION 1.1 This item shall consist of Portland cement concrete curbs and gutters 12 inehe s ' in height, 24 inches in width at Base, battered reveal, constructed on a prepared subgrade in accordance with these specifications. -5- ,40�.. 2, MATERIALS SPIECTFICATIONS "A jr cont'd 2.1 Aggregates: Coarse aggregate shall consist of crushed stone or gravel. It shall be clean, hard, tough, durable pieces free from injurious amounts of soft friable, thin, elongated or laminated pieces, soluble salts, organic or other deleterious matter. Fine aggregate shall consist of either a natural sand or a stone sand, composed of sound particles of approved stone. All sand shall be free of clay or other adherent coatings and injurious mount of deleterious matter. 2.2 Cement: Standard Portland cement and high early strength :Portland cement shall meet the r ec� u irement s of current Federal Specifications SS -G-192 or eaual. 2.3 Water: Water shall be free from oil, acids, alkali and vegetable matter and shall be reasonably clean. SOa, water shall not be used. 2.4 Gradation: The aggregates when tested by means of laboratory sieves shall meet the following requirements: Sieve Designation 12 Inch 1 Inch Inch 3/S Inch No. 4 No. 16 No. 50 No. 100 Per Cent by Weight Passing Square Mesh Sieve Coarse Aggregate Fine Aggregat e 100 -- 95 -100 - 35-70 -- --_ 100 0 -10. 95 - 100 -- 45 -- 80 l0 - 30 2 -- 10 2.5 Proportions: Concrete shall contain 6 bags of cement per cubic yard and shall be proportioned as follows: Quantity of Water 6 Gals. Note: 14 eight of of 2.65 3. CON STR CTI OAT METHODS Per Bag of Cement Fine AAgregate Coarse Aggregate 1St Lb s. 345 Lb s. (Approximate 1:2:4 mix) aggregates based on specific gravity 3.1 Preparation of Subgrade: All boulders, organic material, soft clay, spongy material, and any other objectionable material shall be removed and replaced with approved material. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with the accepted cross -- sections and grade. -6- ,•A L SPECIFICATIONS n CONT' D u 3.2 Forrns for Concrete: The forms for the concrete shall be of wood or metal, straight, free from warps or kinks and of sufficient strength. They shall be staked securely enough to resist the pressure of the concrete without spring. When ready for the concrete to be deposited they shall not vary from the approved line and grade and shall be kept so until the concrete has set. where a face form for a curb is used it shall be so designed as to permit it to be securely fastened to the other forms. 3.3 Placing and Finishing Concrete: Just prior to placing the concrete the subgrade shall be moistened. The concrete mixed to the proper consistency shall be placed in the forms and thoroughly tamped in place so that all honeycombs will be eliminated and sufficient mortar will be brought to the surface. After this the surface shall be brought to a smooth even finish by means of a wooden float„ All faces adjacent to the forms shall be spaded so that after the forms are stripped the surface of the faces will be smooth, even and free of honeycomb. All edges shall be tool rounded. 3.4 Exransion And Contraction Joints for Concrete: half —inch U expansion joints shall be, placed at intervals not exceeding 60 feet. At intervals not greater than ten (10) feet or less than five (5) feet the concrete shall be scored for a depth equal to one —third the total depth of the concrete. ,x,3.5 , Curing Concrete: When com,7leted the concrete shall be kept moist for a period of not less than three (3) days and longer if necessary and shall be protected from the elements in a satisfactory manner. 3.6 Backfilling: Backfill shall be of suitable selected material and shall be placed and tamped in layers of not over 6 inches in depth until firm and solid.. Backfilling shall follow immediately safter the concrete forms have been removed. 4,. SEASONAL LIMITS 4.1 No concrete shall be poured on a frozen or thawing subgradq, or duSing unfavorable weather conditions, or when the temperature is 38 F. and falling. —7— SPEC IFICliTIONS Um C 4 . ETvT CONCRETE DR I V.EC'i AYS J ' A. DESCRIPTION: This item shall consist of a Portland cement concrete drivewa;r apron constructed on a prepared subgrade in accordance with these specifications and as shown on the accepted drawings. B. MATERIALS: , All materials shall be secured from approved sources. 1. Aggregate shall be graded as follows: Sieve Designation 2i2L Inc h 2 Inch 1 Inch 1/2 Inch 3/8 Inch No. a No. 16 No. 50 N o.100 Per Cent by Weight Passing Square Mesh Sieve Coarse Aggr egat e 100 95 -- 100 35 -- 70 10 - 30 9 - 5 Fine Aggregate 100 95 -100 45 - 80 10 30 2 - 10 ,J2. Water shall be Free from oil, acids, alkali and vegetable matter and shall be reasonably clean. See water shall not be used. 3.. Concrete shall contain five and one cuarter (5�_) bags of cement per cubic yard and shall be proportioned as follows: Quantities Per Bag of Cement (Approximate 1:2;5 Nix) Wat er Fine A_ggregat e Coarse Aggregate. 7 gal s. 230 lbs. 386 lbs. Note: Weight of aggregate based on a specific gravity of 2.65 C. CONSTRUCTION METHODS: 1. Preparation of Subecade: All boulders, organic material, soft clay, spongy material, and any other objectionable material shall be removed and replaced with approved material. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with ,the accepted cross- sections and grades. 2. Forms for Concrete:_ The forms for the concrete shall be of wood or materi al, straight, free from warns or kinks and of sufficient strength. They shall be staked. securely enough to resist the pressure IdONK of the concrete without spring. When roady for the concrete to be deposited they shall not vary from the a.proved line And grade and shall be kept so until the concrete has set. 3. Placing And Finishing Conc-rete: Just prior to placing the concrete the subgrade shall be moistened. The concrete mixed to the proper consistency shall be placed in the forms and thoroughly tamped in place so that all honeycombs will be elim- inated and sufficient mortar will be brought to the surface. After this the surface shall be brought to a smooth.even finish by means of a wooden float. 411 faces adjacent to the forms shall be spaded so that after the forms are stri,;ped the surface of the faces will be smooth, even and free of honeycombs. All edges shall be tool rounded. 4. Expansion Joints: Half Q) inch transverse expansion joints shall be placed where the driveway apron and driveway joins the sidewalk and the gutter or pavement. 5. Caring Concrete: When completed the c ncrete shall be kept moist for a period of not less than three `3) days and longer if necessary and shall be protected from the elements in a satisfactory manners 6. Backfillin Backfill shall be of suitable. selected material vand shall be placed and tamped until firm and solid. Backfilling shall follow immediately after the concrete forms have been removed. 7. Seasonal Limits: No concrete shall be poured on a frozen or thawing subgrade, or during unfavorable weather conditions, or when the temperature is 38g F. and falling. W161 PAVING GRAVEL BABE A. DESCRIPTION: This item shall consist of a base course composed of gravel and filler, constructed on a prepared subgrade in accord- ance with these specifications and in conformity with the lines, grades and typical cross- sections as shown on the accepted drawings. The minimum thickness following compaction shall be 7? inches. B. MATERIALS: All materials shall be secured from approved sources. 1. Bank gravel shall consist of hard durable particles or fragmen't's of stone or gravel and a filler of sand or- other finely divided mineral matter. The material shall be free from organic matter and lumps or balls of clay, and shall be graded as follows: Sieve Designation 2 Inch 1 In ch No. 4 No.10 No. 200 less than C. CONSTRUCTION :METHODS: .owk A Per Cent -by Weight Passing; Square Mesh Si ev e 100 50 -30 20 -50 10- 15 12 1. Preparation of Subgradee: All boulders, -organic material, soft clay spongy material and any other objectionable material shall be removed and replaced with approved material. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with the accepted cross-section and. grades. 2. Placing, 1,41xing and Rolling Base Material: All base course material shall be deposited and spread by means of spreader boxes, for approved mechanical equipment, or from moving vehicles equipped to distribute the material in a uniform layer. Each layer shall be not more than three (5) inches in thickness after compaction and shall be constructed as follows: After the base course material has been spread it shall be thoroughly blade mixed to the full depth of the layer by alternately blading the entire layer to the center and back to the edges of the road. The material shall be watered during the mixing when needed. When uniform the mixture shall again be spread smoothly to the cross sections as shown on the accepted drawing. Immediately following final spreading and smoothing all material placed shall be compacted to the full width by rolling with a smooth wheel power roller weighing eight (S) to ten (10) tons. Rolling shall progress gradually from the sides to the center, parallel with the center line of the road and lapping uniformly each preceding track by one -half the width of such track and shall continue until all the surface has been rolled and satisfactory compaction obtained. Any irregularities or depressions that develop under such rolling shall be corrected by loosening the material at these places and adding or removing material until the surface is smooth and uniform. Bla.ding and. rolling shall be performed alternately as required to maintain a uniform compacted base until a surface or treat- ment has been applied to the base. Along curbs, headers, and walls and at all places not accessible to the roller, the base course material shall be tamped thoroughly _10- with mechanical tampers or with hand tampers. 3. Seasonal Limits: The base course material shall not be deposited or shaped on a frozen or thawing subgrade or during unfavorable weather conditions. uD u ONE COURSE ASPHALTIC CONCRETE WEARING SUR FACE ( PLANT 'MIXED A. DESCRIPTION: This item shal'_ consist of .a wearing course having a minimum compacted thickness of one and one -half (1211) inches composed of aggregate and bituminous material mixed in a. central plant, con- structed on the prepared base in accordance with these sj)ecifications and in conformity with the lines, grades and typical cross- sections as shown on the accepted drawings. B. MATERIALS:_ All materials shall be secured from approved sources. 1. Liquid asphalt for the tack coat shall be grade 2.. Asphalt cement to be used in the asphaltic concrete shall be uniform in character, free from water and shall not foam when heated to 3500 F. and shall meet the, following requirements for netration: Penetration at '7'70 F., 100 grams, 5 seconds, - 100 to 120 No mineral matter other than that, naturall V contained in the asphalt shall be present. 3. Aggregate shall consist of fine gravel and stand, disintegrated granite, or other similar granular materials. The portion of the material retained on a No. 4 sieve shall be known as coarse aggregate and that portion passing a No. 4 sieve shall be 1rnown as filler. 4. The materials shall be graded and proportioned as follows: Sieve Designation 1 Inch 3/4 rs No. 4 No. 10 No . 200 Asphalt by weight C. CONSTRUCTION %METHODS: Per Cent by Weight Passing Square Mesh Si ev e 100 85 - 100 GO -- 95 45 - 80 5 15 4 - 8 1. Applying Tack Coat: Immediately before placing the bituminous mix- ture, the existing surface shall be cleaned of loose, or deleterious -11- L material by sweeping with a power broom or hand broom. The surface shall be thoroughly dry before applying the tack coat. When the existing surface has been put in proper condition, a tack coat shall be applied to the surface at the rate of 0.1 gallon per square yard by a power distributor of approved type, having a pressure of not less than forty (40) pounds per souarP inch. The bituminous mixture shall be spread and finished immediately after the tack coat has been applied. 2. SPRE120ING AND FINISHING: %There cement concrete or masonry (' edging is not specified on the accepted plans, suitable side forms of wood or steel shall be firmly fastened in place and shall be true to line and grade as shown on the accepted plans. These forms shall -remain in place until initial compaction has been obtained. The bituminous mixture shall be delivered on the job at a temperature of not less than 2500 F. Whenever practical the mixture shall be spread by means of an approved mechanical self - powered paver, capable of spreading the mixture true to the line and grade and crown as shown on the accented plans and cross - sections. When the mixture is to be spread by hand it shall be deposited outside of the area on which it Is to be spread. Immediately thereafter it shall be distributed into place by means of hot shovels and spread with hot rakes in a loose layer of uniform density and correct depth. Loads shall not be dumped and distributed any faster than they can be properly handled by the shovelers and rakers. The raking shall be carefully and skillfully done in such a manner that after the first passage of the roller over the raked mixture a minimum mount of back patching will be required. Placing of the mixture shall be as continuous as possible and the roller shall pass over the unprotected edge of the fresh laid mixture only when the laying of the course is to be discontinued for such length of time as to permit the mixture to become chilled. Longitudinal and transverse ,joints shall be w ell bonded and sealed. If necessary to obtain this result, the joints shall be out back to the full depth of the previously laid course, painted with hot asphalt and heated. Before placing the mixture against them, all contact surfaces of curbs, gutters, headers, manholes, etc. shall be painted with a thin uniform coating of hot asphalt cement or asphalt cement dissolved in naptha. After spreading, the mixture shall, be thoroughly compacted by a three wheel power driven roller, weighing not less than ten (10) tons, as soon after being spread as it will bear the roller without undue displacement. -12- ,ems Rolling shall start longitudinally at the sides and proceed toward the center of the ?)avement overlapping on successive trips by at least one --half the width of the rear wheel. The pavement shall then be rolled diagonally in two directions with a tandem roller, weighing not less than ten (10) tons, the second diagonal rolling shall cross the lines of the first. Along curbs, headers, manholes and similar structures and at all places not accessible to the roller, thorough compaction must be secured by means of hot tampers and at all contacts of this character the ,joints between these structures and the surface mixture must be effectively sealed. 13. Seasonal Limits: No asphalt material shall be laid when the temperature of the air is 500 F. and falling or during unfavorable weather conditions. X. THE rules and regulations as provided herein, are subject to change, amendment, or alteration and when, in the judgment of City Council, the interest of the public will be best served. Ex- ceptions to these rules and regulations may be made by said Council withot<t notice, but shall not affect property contained in any plan or plat approved prior to the effective date of this ordinance. XI. - UNTIL such time as a Planning Commission is appointed by the City Council, the duties of said Commission as are provided herein shall' be performed by the said Governing Body of the City. XII. UNTIL such time as a.. City Engineer is appointed b�T the City Council, the duties of such officer shall be performed by the County Engineer or any other Engineer as the said Governing Body of the City may designate. XIII. PENALTY (A) Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten dollars (410.00) nor more than two hundred (0200.00); each day such violation continues shall constitute a separate offense. (B) But in case any building or structure is erected, con - struct ,d, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the general -13- J law or of the terms of this ordinance, the City of Euless, Texas, in addition to imposing the penalty above provided, may institute any appropriate action or +proceedings in court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, or to prevent the occupancy of such building, V structure or land, to prevent the illegal act, conduct, business or use, in or about such land; 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 law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. XIV. CUMUTA TI VE THIS ordinance shall be and is hereby declared to be cumu- lative of all other ordinances and parts thereof effecting the subject herein provided, and shall not operate to repeal or affect any such ordinance or ordinances or as the provisions of such ordinance are inconsistent or in conflict wit h in which instance or Instances those repealed. XT. parts thereof except insofar or ordinances or parts thereof those provisions of this ordinance, provisions shall be and they are IF any section, article, provision;: or part to this ordinance be declared unconstitutional or otherwise void, by a court of compe- tent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance unless the part held unconstitutional or void is inseparable Tr.om, and indispensable to, the operation of the remaining parts. The City Counc' 1 hereby d e- clares that it would have passed those parts of this ordinance which are valid and have omitted any parts whc h may e unconstitu- tional or void, if it had known such parts wher..e,: unconstitutional or void, at the time of the passage of this ordinance. XVI. THIS ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as ,provided by law. ADOPTED the __ � clay of June, A. D. 1955. ATTEST: SZ- t4 -.rt,, G'Z-TY ,SECRETARY APPROVED: �lAyrGR