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HomeMy WebLinkAbout630 06-24-1980ORDINANCE NO. 630 AN ORDINANCE ESTABLISHING RULES, REGULATIONS, AND PROCEDURES FOR THE CLOSING OR PARTIAL BLOCKING OF PUBLIC STREETS, THOROUGHFARES, SIDEWALKS AND ALLEYS; PROVIDING DEFINITIONS OF TERMS; PROVIDING FOR ADOPTION OF MANUAL OF UNIFORM BARRICADING STANDARDS; PROVIDING FOR PERMIT TO BE ISSUED; PROVIDING FOR A PERMIT FEE; PROVIDING APPLICATION TO SECURE PERMIT; PROVIDING FOR STANDARD FOR OBTAINING PERMITS; PROVIDING STANDARDS FOR OBTAINING PERMITS; PROVIDING FOR RESTORATION OF WORK SITE IN THE EVENT OF REVOCATION OF PERMIT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary for the purpose of regulating traffic through and around construction and maintenance operation, and to set up a standard sequence of barricading, channelization and sign- ing which can be arranged to meet the variety of conditions which could be encountered, and to serve as a standard for uniform con- struction procedure in installing and maintaining devices to con- trol traffic around construction sites and that a uniform bar- ricading ordinance be promulgated for the City of Euless, and WHEREAS, the rules and regulations as herein set forth governing the barricading of construction areas within public right -of -ways in the City of Euless are herein promulgated and adopted in accord- ance with the "State of Texas Uniform Act Regulating Traffic on Highways" codified as Article 6701d Vernon's Civil Statutes, and WHEREAS, the City of Euless herewith and hereby adopts, ratifies and promulgates all the intent, purposes and power of said Article, and expressly vests such powers not otherwise prohibited in the Person Designated By The City; subject, however, to any modifica- tions and changes thereof that may be adopted by official action of the Person Designated By The City or the City Council necessitated by future growth, progress and unforeseen exigencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS: SECTION I - GENERAL Any person who undertakes to perform any work upon, in, under, above or about any public street, highway, roadway, alley or side- walk, hereafter collectively called public right -of -way, which requires that the street be partially or completely closed for construction and /or maintenance operation which work shall require excavation within or occupancy of the whole or a portion of the width of any such public right -of -way by equipment, materials, debris or workers shall use barricades, signals, flags, flares, and all other traffic control and warning devices and procedures about the work area during the duration of the work within the public right -of -way of the type and in the manner required by the Uniform Barricading Standards adopted herein below. Such persons shall also be required to obtain a permit from the Person Designated By The City if the Specifications stated in Section III, B -1 -3 are applicable, with the exception of the State Department of Highways and Public Transportation conducting work on any state designated system. In such cases, no permit is required. This permit must be acquired before construction is begun. Pur- pose of the permit is to insure that ample consideration has been given to the effect of said construction work on the flow of traffic. It shall be the responsibility of the permit- holder to provide, erect, place and maintain all warning signs, traffic control devices and barricades required by the Person Designated By The City or the Texas Manual on Uniform Traffic Control Devices, hereinafter referred to as "Manuel" a copy of which is attached hereto and incorporated herein for all purposes just as if same were now set forth in full. All such signs, devices and barricades should be in good condition, clean and legible and shall be of the type required by the Texas Manuel on Uniform Traffic Control Devices. When additional regulatory signs are deemed necessary by the Terson Designated By The City such signing will be installed as directed by the Person Designated By The City along with such regulatory signs as are required to be provided by the City as required by the Manual. SECTION II - DEFINITIONS A. PERSON DESIGNATED BY THE CITY. Shall mean the employee of the City of Euless designated by the City Manager or City Council to uphold the provisions of this ordinance or his authorized re- presentative. B. PERMIT. Shall mean written approval from the Person Designated By The City or his authorized representative. C. STREET. The term "Street" shall mean a traveled way for vehicular or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, sidewalk, or however otherwise designated within the City. -2- 1. MAJOR THOROUGHFARES OR ARTERIAL STREETS are principal traffic arteries more or less continuous across the City which are intended to connect remote parts of the City and which are used primarily for fast or heavy volume traffic and shall include but not be limited to each street designated as a major Street on the Major Street Plan. 2. COLLECTOR STREETS are those which carry traffic from minor streets to the major system of streets and highways including the principal entrance streets of a residential development and streets for circulation within such a development. 3. MINOR STREETS are those which are used primarily for access to abutting residential properties which are intended to serve traffic within a limited residential district. 4. ALLEYS are minor traveled ways which are used pri- marily for vehicular service access to the back or the side of properties otherwise abutting on a street. D. DETOUR. Shall mean an alternate route in which vehicular traffic is e d cted around a street which is closed. E. MANUAL. Shall mean the "Texas Manual on Uniform Barri- cading Standards." F. CITY. Shall mean the City of Euless. G. SHALL, SHOULD AND MAY. The word "shall" is a mandatory condition; the word "should" is an advisory condition to insure safe operation conditions; and the word "may" is a permissive con- dition. H. PUBLIC RIGHT -OF -WAY. Shall mean any public street, high- way, roadway, alley, or sidewalk within the City. I. CONTRACTOR. Shall mean any person, firm, association, corporation or group thereof, and the agents, representatives or employees thereof, performing any work upon, in, under, above or about any "streets and alleys" or "public right -of -way ". J. EMERGENCY. Shall be an unforeseen combination of cir- cumstances or the resulting state, that calls for immediate action. -3- SECTION III - PROCEDURE AND PERMIT REQUIREMENTS A. PERMIT REQUIRED 1. APPLICATION. When a permit is required, the permit application shall unless otherwise authorized by the Person Desig- nated By The City for good cause shown, be filed with the Person Designated By The City at least two (2) days prior to the day the applicant seeks to first close or block any part of the road- way and shall contain the following information: a. The name, telephone number, local address and principal place of business of the applicant; b. The name and day and night telephone number of the engineer, foreman or other person who will be in charge of the construction or repairs for which the application is requested; C. The times of the day and total number of calendar days the applicant seeks to block the roadway; d. A statement signed by the applicant, or a person authorized to bind the applicant, that the applicant will indemnify and forever hold the City harmless against each and every claim, demand or cause of action that may be made or come against it by reason of or in any way arising out of the closing or blocking of the roadway by the applicant under a permit from the City, if such permit is granted; e. A standard barricading layout showing placement of barricades, cones and informational signs used on the project; f. An explanation as to the nature or type of work that is to be performed along with its location; and g. Any other information deemed necessary by the Person Designated By The City. 2. PERMIT FEE. Any and all firms, persons or corporation obtaining a permit from the City shall pay a fee of $15.00 per permit. Should more than one location be involved, a separate permit and fee shall be obtained for each location. 3. APPROVAL OR DISAPPROVAL. The Person Designated By The City shall either approve or disapprove the application in five (5) business days after it is submitted. The Person Designated By The City may approve an application either as applied for or subject to special requirements, as provided in Section III, A -3 which special requirements shall be endorsed on the permit when issued and become a part thereof. If an application is not approved, -4- the Person Designated By The City shall so notify the applicant, in writing, stating the reasons for disapproval. An applicant may, if he so desires, undertake the revision of the unapproved application and re- submit it to the Person Designated By The City who shall approve, approve subject to special requirements, or disapprove the amended application within five (5) business days. a. The Person Designated By The City may diapprove applications for permits under this Article only for the following reasons: (1) The proposed barricading, channelizing, signing, warning or other traffic control procedures or the equipment there- for do not comply with the requirements of the Manual; (2) The nature of the work to be performed or its location is such that the work may, without imposing any undue hardship on the applicant, be performed without the necessity of blocking or closing the roadway; (3) The work or the manner in which it is to be performed will violate a City ordinance or a State statute; (4) Failure to furnish all of the information required by this Article or, except for good cause shown, to file the application within the time prescribed by this Article; and (5) Misrepresenting or falsifying any informa- tion in the application. 4. SPECIAL REQUIREMENTS. The Person Designated By The City may at the time of approving an application or anytime after a permit is issued require: a. The use or specific location of additional barri- cades, signals, signs, or other traffic control or safety devices or the pursuance of special traffic control or safety procedures; b. That the work be performed only at certain hours during the day or night, or during specified days of the week; c. That only a specified area or not more than a specified number of lanes shall be blocked at the same time or at specified times of the day; d. That materials and equipment used in the work site and dirt removed from any excavation be located other than in the vehicle traffic lanes of such roadway; and -5- e. That all equipment be moved from the traffic lanes and any excavation in the traffic lanes be covered or filled with materials of sufficient strength and construction to permit vehicular traffic to pass over such excavation during all or part of the peak traffic periods or at night. When such requirements are deemed necessary by the Person Designated By The City in the interest of public safety and to avoid traffic congestion, any such special requirements shall be endorsed on the permit and shall be a part thereof. 5. REVOCATION. The Person Designated By The City may revoke a permit issued hereunder if any of the permit- holder's barricading, signing, channelizing, warning or other traffic con- trol procedures or the equipment at the work site do not comply with the requirements of the Manual, or with any special require- ments imposed by the Person Desisnated By The City. The permit - holder, or the person named as responsible for or in charge of the work in the permit, shall first be notified of the failure or defect and be given a reasonable time, such length of time to be determined by the Person Designated By The City and not to exceed twenty -four (24) hours, to correct same before such permit is re- voked. In the event a permit issued under this Article is revoked, it shall be unlawful to continue to block the roadway, except to restore the site to its proper condition as required herein. 6. RESTORATION. In the event a permit is revoked, the permit- holder shall immediately commence operations to restore the work area with the roadway to its proper condition, such work to be completed within twenty -four (24) hours. In addition, except as required to restore the work area to its proper condition, the permit - holder shall remove all equipment, workers, materials and debris from the roadway. In the event such restoration is not done, the City shall be authorized, at its election, to take charge of the work and restore the premises to its proper conditions and shall be entitled to recover from the permit - holder by civil action the actual expenses incurred by the materials, overhead, rental of any equipment used by the City in restoring the site and attorney's fees, and for such purposes, the City shall have a right of action against any bonds in effect running from the holder of the permit to the City, conditioned upon compliance with the ordinances of the City of Euless in the performance of said work. 7. PENALTY. Any "contractor," as defined herein, who violates any provisions of this Article shall be quilty of a mis- demeanor and upon conviction, shall be subject to a fine not to exceed $200.00. Each day of such violation shall constitute a a separate offense. Such penalty shall be cumulative and not exclusive of any other rights or remedies the City of Euless may have. B. PERSONS REQUIRING PERMITS 1. CONTRACTOR'S REQUIREMENTS a. Any contractor undertaking any work whether of his own, or under contract for any other person, and such work is within a City Street and requires that a set of plans be drawn up due to the extensive and /or complex nature of the work, will be subject to the provisions set forth herein and must file for a permit before beginning construction. Proof must also be shown that he has obtained approval by other affected agencies of the City to actually perform the work. b. A plan must be prepared by the contractor show- ing where work is to be performed. The plan will include a standard barricading layout showing placement of barricades, cones and in- formational signs used on the project. In most cases, layouts will be similar to those shown in the latter part of the attached Manual. Deviation from the Manual will be allowed only with approval of the Person Desginated By The City or an appointed representative. C. The plan as mentioned in step (b) above must be submitted a minimum of five (5) business days prior to actual be- ginning of the construction work. This time period will allow the Person Designated By The City the opportunity to survey the construction site in an attempt to uncover any traffic problems which might develop as a result of the barricading. d. Each contractor will provide with his barricading plan a listing of all persons directly responsible for the safety on each project to include an address or telephone listing at which said persons can be reached at any hour of the day if a hazardous condition develops. e. Construction work performed by a contractor whether on his own or under contract for any other person, minor enough such that a set of plans need not be drawn up, will not be required to comply with the provisions of subparagraphs a, b, c and d above. Such work to include minor street construction (re- surfacing, patching, striping). The contractor will be required, however, to comply with all other provisions set forth in the attached Manual as to the construction site barricade layout and signing. In addition, the Person Designated By The City shall be contacted before said construction work is begun and be informed of the location and nature of construction. This work shall not -7- be performed during the peak hour congestion periods of 7:00 - 9:00 a.m. and 4:00 - 6:00 p.m., unless approved by the Person Designated By The City. 2. CONTRACT.WORK BY CITY PREPARED CONSTRUCTION PLANS. In the event the work undertaken by the contractor is based on plans pre- pared by City and such plans contain detour and barricading requirements, no permit shall be required by contractor. Contractor's acceptance of the construction project shall constitute an acknowledgement that contractor shall perform the work required in accordance with the detour and barricading requirements of such construction plans and that the failure to perform same, in accordance therewith, shall constitute a violation hereof and be subject to the penalties pro- vided for herein. 3. UTILITY CONTRACTOR AND PUBLIC UTILITY COMPANY RE- QUIREMENTS. a. Utility contractors as well as utility companies performing construction work within a street which requires that a set of plans be drawn up due to the extensive and /or complex nature of work, will be subject to the same requirements established in Section B -1 above. Such work would include major street con- struction (street cuts, street widening, etc.), water and sewerage line laying or relocation or off - street construction which requires that a portion of the adjacent roadway be barricaded. b. Construction work performed by utility contractors or utility companies, minor enough such that a set of plans need not be drawn upon, will not be subject to the same requirements estab- lished in Section B -1 above. Such work includes minor street con- struction (re- surfacing, patching, striping), minor utility work (usage of manholes such that a lane must be barricaded), etc. These forces will be required, however, to comply with all other provisions set forth in the attached Manual as to the construction site barricade layout and signing. In addition, the Person De- signated By The City shall be contacted before said construction work is begun and be informed of the location and nature of con- struction. This work shall not be performed during the peak hour congestion periods of 7:00 - 9:00 a.m., and 4:00 - 6:00 p.m., unless approved by the Person Designated By The City. C. EMERGENCY SITUATIONS. The requirements as mentioned above are to be used for all planned construction projects. In the event of an emergency type situation, notification or work to be done can be made by telephone directly to the Person Designated By The City, thereby, bypassing the requirements mentioned above. Under these conditions the contractor or agency will still be required to follow the basic barricading standards as outlined in the attached Manual. SECTION IV - SEVERABILITY CLAUSE That is is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase clause, sentence, paragraph or section. SECTION V - EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. SECTION VI - EMERGENCY CLAUSE By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. PRESENTED AND PASSED on first day of June , 1950, at a of the City of Euless, Texas, by a and 0 abstentions. ATTEST: Della Houy, City Secre tAry and final reading on the 24th regular meeting of the City Council vote of 4 ayes, 0 nays APPROVED: Harold Samuels, Mayor APPROVED TO FORM: B McFarland, City Attorney -10-