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HomeMy WebLinkAboutOrdinance 0002 .",-- \ 7-LA_{/~ l:r?"~\'.l'.'",;l-,~~~~/'\ , /v {J, 2-... AN ORDINANCE PROHIBITING ANY PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION FROM MAKING ANY EXCAVATION OF ANY CHARACTER IN THE PUBLIC STREETS, AVENUES, ALLEYS, OR OTHER PUBLIC WAYS, AND FURTHER PROHIBITING ANY PRI- VATE CONSTRUCTION OR RECONSTRUCTION WORK, WHETHER IN THE NATURE OF PAVING, REPAVING, GRAVELLING, GRADING, OR ANY OTHER TYPE OF WORK IN AND ON THE STREETS, AVENUES, ALLEYS OR OTHER PUBLIC WAYS, PROVIDING FOR EXCEPTIONS AND PRESCRIBING SPECIFICATIONS FOR REPAIR OF STREETS, AVENUES, ALLEYS OR OTHER PUBLIC WAYS, IN THE CASE OF AUTHORIZED EXCAVATION BY A PUBLIC UTILITY, AND PROVIDING PENALTIES, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: SECTION I That all persons, firms, partnerships, corporations and associations of whatsoever character are hereby prohibited from doing or performing or causing to be done or performed any excavation or construction or reconstruction of any character, particularly including but not 1 imited to the opening of any hole, ditch, grading, gravell ing, paving or repair of any nature upon the streets, avenues, alleys or other publ ic ways in this City, and irrespective of the fact that such publ ic ways may be adjacent to property owned by such person, firm, partn~rship, corporation or association of any character, except with the express permission of the City Council in writing, and then only when any such type of work is to be done in accordance with specifications approved by the City Council; provided, however, that a publ ic util ity such as the gas or water company, or a telephone company, or sewer company, holding a val id franchise theretofore issued to such company by the City Council may make such excavations as holes or ditches as may be reasonably necessary to the lawful and legitimate prosecution of the business in which they are authorized "- to engage without having first obtained the approval of the Council in writing. SECTION I I Any person, firm, partnership, corporation or association of any character desiring to make improvements of any character on any street, avenue, alley or other publ ic way, or any part or portion thereof may be permitted or authorized to do so, provided, however, that before any work of any character is done in connection therewith that such person, firm, partnership, corporation or association of any character shall first present their plan and proposal to the City Council for its consideration and for its approval or disapproval, and in the event that the City Council shall approve such proposal and plan for any work of any kind in or upon such streets, avenues, alleys or publ ic ways as may be approved by the City Council, the Council shall give its approval in writing and furnish to such person, firm, partnership, corporation or association of any character the specifications within which such excavation or construction or reconstruction of any character shall be done; and providing further that any such work so approved shall be performed strictl~ in accord- ance with such specifications so provided and furnished. SECTION III Any publ ic ut i 1 ity company, such as a gas company, water company, telephone company, or sewer company, may, however, and they hereby are authorized to perform such work and to open such holes, ditches or do other construction as may be necessarily and reasonably required in the legitimate and lawful prosecution of their business without having first obtained the written consent and approval of the Council; provided such utility holds a valid franchise from the City Council authorizing the conduct of such util ity business within the corporate 1 imits of this City; and provided further that such util ity company shall take all necessary and proper safeguards to ~..,.,..., lÞ"J <4 NO SHAI.I.. '''D6I'11'1/~'1,''',II/J No'ill) o,ry N.4It"'/I..&S prevent any~damage to the person or property of othersAwhile such work or construction is in progress; and provided further that all such publ ic util ities shall be and they hereby are required to restore the streets, avenues, alleys or other publ ic ways to their former condition in accordance with specifications set forth in the next succeeding section hereof. SECTION IV Any publ ic util ity company which may lawfully perform any construction of any kind in or upon or along the streets, a~enues alleys or other publ ic ways of this City which involves the cutting thereof, whether with holes, trenches or other character of excavation of any kind, are hereby required to backfill with the excavated materials where possible, with material consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials, fr0e from large clods of earth or stone, deposited in thoroughly and carefully rammed six-inch layers. Blasted rock, broXken concrete PVJ)Þ4../,Io/6 or pavement, and large boulders will not be permitted. ~~ttl ~g the backfill with water will not be permitted. Any holes or trenches improperly backfilled, or where settlement occurs within a period of one year after completion of backfill ing operations, shall be reopened to the depth required for proper compaction, then refilled and compacted, with the surface restored to the required grade and compaction, and smoothed off. Each six-inch layer shall be moistened and compacted to a density of at least 90% of maximum density at optimum moisture as determined by the modified AASHO method. Pavement E shall be replaced with the kind and type of base and surfac" treatment similar to that which was cut, but in no case shall the gravel base course be less than eight (8) inches in thickness. Variation in pavement surfaces in excess of l/4 inch will not be permitted. SECTION V Any person, firm, partnershi9, corporation or association of any character who shall knowingly and willfully violate any of the provisions hereof shall upon conviction thereofÅ“ subject to a fine of not less than $25.00 nor more than $200.00 for such offense, and each day of such violation shall constitute a separate offense; and provided further that a conviction and payment of any fine under the terms bereof sha 11 not re I i eve any person, firm, part nersh i p, corporation or association of any character from I iabil ity by way of a civil action for any damages suffered or sustained by this City. SECTION VI -- The fact that this City is undergoing extensive development, that some streets and other publ ic ways are paved and some are unpaved, and that various util ity companies are operating within the city 1 imits or are preparing to operate within said city limits, all of which directly and immediately4ffects the publ ic welfare, health and 1 ives of the inhabitants of the City and other persons using the streets, avenues, alleys and other publ ic ways creates an emergency and imperative public necessity requiring the suspension of any rule that ordinances shall be read at three meetings of the City Council, said rule is therefore hereby suspended, and this ordinance is put upon its final reading and passed by a vote of ó ayes and /y D nays. Signed and approved by the Mayor and attested by the City r::J., þ$CEI'-1IEti Secretary this -Z-- day of Qctohe;, 1953. ~y~{¿~\ ATTEST: /~ J CITY SECRETARY :(~~ ( Se a 1 ) 1......-