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ORDINANCE NUMBER 161
AN ORDINANCE REGULATING THE OPENING AND EXCAVATING
OF STREETS, ALLEYS, SIDEWALKS, AND OTHER PUBLI C
GROUNDS; REQUIRING A PERMIT THEREFORE AND PAYMENT
OF A FEE; IMPOSING REQUIREMENTS FOR THE PROTECTION
OF LIFE AND PROPERTY IN CONNECTION WITH EXCAVATION
WORK, INCLUDING TRAFFIC AND PEDESTRIAN SAFE~UARDS
AND THE PROTECTION OF UTILITIES AND OTHER PROPERTY;
REGULATING THE BACK-FILLING AND RESURFACING OF EX-
CAVATIONS; PRESCRIBING SURETY BOND, INSURANCE AND
DEPOSIT REQUIREMENTS; PROHIBITING EXCAVATIONS IN
NEW PAVEMENTS FOR A PER I 00 OF FIVE YEARS; AND
PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION I
SHORT TiTlE. THIS ORDINANCE SHALL aE KNCJWH. AND -f'IAY BE
C'TED AS THE "STREET EXCA VAT ION ORD I NANcrE OF THE CITY OF NORTH R, CHLAND
HILLS, TEXAS."
SECTION II
DEFINITIONS. FOR THE PURPOSE OF THIS ORDINANCE, THE FOLLOWING
TERMS, PHRASts, WORns, AND TH~l.DEREVISIO"S SHALt.. HAVE THE MEANING
GIVEN HEREIN. WHEN NOT 'NCONSISTENT WITH CONTEXT, WOR1)$ USED IN THE
PRES~NT TENSE INCLUDE THE FUTURE, WØRøS IN THE PLURAL MUM'ER INCLUDE
THE SINGULAR NUMBER, AND WORDS IN THE SINGULAR NuKa'ER I"N~LUDE THE
PLURAL NUMBER. THE WORD "SHAl.L" IS ALWAYS MANDATORY AND NOT MERELY
PI RECTORY.
(A) "ApPLICANT" IS ANY PERSON MAKING WRITTEN APPLiCATION
TO THE: PUBLIC WOIKS DIRECTOR rOR AN ExcAVATION PERMIT
PROVIDED HEREUNDER.
(B) TTClTyTf IS THE CITY OF NORTH RICH-lLANO HIl.LS, COUNTY OF
TARRANT, TEXAS.
(C) TTC,TY COUNCILTT OR TTCOVNCIL" IS THE CITY CO\.lNC'L OF
THE CITY OF NORTH R'CI'ILAN.Ð HILLS, COU~TY OF TARRANT,
TEXAS.
(D) "PUBLIC WORKS D,RECTOR" IS THE PUBLIC WORKS DIRECTOR
.F THE CITY OF NORTH RICHLAND HILLS, COUNTY Of TARRANT"
TEXAS.
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ORDINANCE 161
(E) TTCITyrS ENGINEERS" ARE THE CONSULTING ENGINEERS OF
THE CITY OF NORTH RltHLANÞ HILLS" CQUNTY OF TARRANT,
TEXAS.
(F) TrEx(:AVATION WORJ(Tr IS THE EXCAVATION AND OTHER WORK
PERMITTED UNDER AN EXCAVATION PERMIT AND REQUIRED
TO BE PERFORMEO UNDER THE PROVISIQNS OF THIS ORDINANCE.
(G) JrPERMITT£ETr S ANY PERSON WHO HAS BEEN GRANTED ANf.)
HAS I N FUll. FORCE AND EFFECT AN EX<MVATI ON PERM I T
ISSUED HEREUNDER.
(H) "PERSON" IS ANY PERSON, FIRM, PARTNERSf1IP, ASSOCIATION,
CORPORATION, COMPANY, UTILITY, OR O~QANIZATION OF ANY KINO.
(I) "STREETTT IS ANY STREET, HIGHWAY, SIIJEWALK, Al.LEY,
AVENUE, OR OTHER PUBLIC WAY OR PU_LIP GROUNDS WITHIN
THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND Hlt..LS.
SECTION III
EXCAVATION PERMIT. IT SHALL BE UNLAWFUL FOR ANY PERSON TODI G UP,
BREAK, EXcAVATE, TUNNE:L, UNDERMINE, OPEN, OR IN ANY MANNER BREAK UP ANY
STREET OR ¢A~SE TO aEMAPE ANY .EXCAVAT ION I N OR UNQER nt£ SURFACE OF ANY
STREET FOR AHVP'URP()SE OR TO PLACE .EPOSIT OR LEAVE UP'" ANY STREET ANY
EARTH OR OTtŒR EXCAVATED MATERIAL OBSTRUCTING OR TEH.f.)ING TO INTERFERE WITH
THE 'FREE USE of THE STREET, UNLESS SUCH PERSON SHALL FIRST HAYE OBTAINED
AN EX'CAVATION pERMIT THEREFORE FROM THE CITY OF NORTH RICHLAND HILLS
PUBLIC WORKS DIRECTOR AS HEREIN PROVIDED.
SECTION IV
A?PLJCATION. No EXCAvATION PERMIT SHALL BE ISSUED UNLESS A
WRITTEN APPLICATION FOR THE ISSUANct: OF AN EXCAVATiON PERMIT IS $IJBMITTj;D
TO THj; PU$l.IC WøRKS DJRj;CTOR. THE WRITT~N APPLI~ATION SHALL STATE THE
NAME AN'Ø AQDRESS O-F THE APPl.ICANT, THE HATURj;, L"CATHU4, ANI) pURPOSE OF
THE'EXÇA VAT ION, THE PATE OF COMME~ç£MENT AND THE DATE o.f' COMPl.ETI ON OF
THE EXCAVATION, ANI OTHER DATA As MAy REAsONABLY 8E RE,UIRto BY THE
PUBLIC WORKS D,RECTOR. THE API'LlCATlf)N SHALL lit: ACCOMPA'OEI> BY PLANS
SHOWING THE EXTE:HT OF THE PROPOSED EXCAVATION W~RK, ~I~N~IONS AND
ELEVATIONS 'F J.QTH THE EXISTINQQROUND PRIOR TOSWCH EX.çAVATION ANI) OF
THE PROPOSE. EXCAVATEf.) SURFACES, THE LOCATI ON OF THE .EXÇAVATI ON WORt<,
AM' SUÇH OTH.R INFORMATION AS MAY 8E PRESCRIS£Ð BY THE Ptþ8L1C WORKS
DIR.ECTÐR.
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ORDINAH~E 161
SECTION V
EXCAVATION PERMIT FEES. A PERMIT FEE SHAL.LB~ .cHARQEO BY THE
CITY OF NQRTH R'CHLANO HILl.S FOR THEISSUANÇE Of AN EXCAVATION PERMIT
WH I CH SHAL.LBE IN AQO IT ION TO ALL OTHE:R FEES FOR PERMI TS OR CHARQES RELA-
TIVE TO ANY PROP.SEÞ CONSTRUCTION ~RK. THE EXCAVATiON PERMIT FEE SHALL
BE IN AN AM.ij~T VARYINQ WITH THE TYPE OF SURFAtT TO BE OPENEÞ" DUG OR
EXCAVATE' UNDER THE PERMIT ISSijED, AS FOLLOWS:
ON UNPA~D STREETS, $1.00.
(A)
(B)
ON STREETS PAVED WITH OIl., PENETRATION, OR WATER
BOUND MA.cAÞAM, $5.00.
(c)
ON STREETS PAVED WITH ASPHALTIC CONCRETE AND .,T-
ULITHIC O~ CRUSHE~ ROCK, $10.00.
(D) ON STREETS PAVO WITH CEHENTCONCRETE _AS'; OR CEMENT
~ONCRETE, $15.00.
SECT! ON V I
EXCAVATION PLACARD. THE PUBLIC WORKS DIRECn.R SHALl. PROVIDE
EACH PERMITTEE AT THE TIME A PERMIT IS ISSUED HEREUN),ER A SUITABLE PLACARD
Pl.AINLY WRITttN ØR PRINTEØ IN LETTERS AT LEAsT ONE INCH HIQH WITH THE
FOLLOWINQ NOTl¢E: "CITY OF NORTH RI.~HLAND H,LLS, PERMIT NI.#""~ER
Exp I RES n AND IN THE FIRST BLAM ( SPACE THERE SHALL BE INSERTED
THE "'UKlSER þF SAID PERMIT AND AfTER THE WORD "EXPIRES" sHAt..L aE STATED
THE DATE WHEN SAID PERMIT EXpiRES. IT SHALL BE THE Dlrry Of ANY PERMITTEE
HEREUNDER TOKUP THE PLACARD P,,",STEt) IN A CONSPicuOUS PLACE AT TI'IE SITE OF
THE EXCAVATION WORK. IT SHAt..t.. BE UNLAWfUL FOR ANY PERSON TO EXHIBIT
SUCH PLACARD AT OR A,OUT ANY EXCAVATION NOT ~OYERE. JY SUCH PERMIT, OR
TO MISREPRESENT THE NuMBER OF THJ: PERKIT OR THJ: DArE Of THE EXPIRATION
OF THE ÞERMJT.
SECTION VI I
SURETY BOND. B£FØ~EAN EXCAVATION PERMIT AS HERE I " PR~VIDEÞ IS
I ssutÞ, THE APpLf CANT SHALL þEPOS T W I1H THE P~JL I C WORKS D I REÇTOR, A SURETY
BOND IN THE AMQUMT OF $2,000 PAYAILE TO THE C'TY. TIfE RE~UIRE~ SURETY
80Nb MUST BE':
(A) W'TH QØØb ANt) S~FF'(:IENT SUtŒTYJ
(B) By A SURETY COkPANY AUTHORlnD TO TRANSAÇT BUSINESS WITHIN
THE STATE OF TEXAS;
(C) SATISFMrrORY TO THE CITY ATTORNEY IN FOR" A1'4P suasTANcE;
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O~~INANÇE 161
(D) CØNÞITIONS UPØH THE: PERMITTEE'S C.MPl. A~CE WITH THis
OR.D I NANcE AND TO SEC&#RE AND HOLØ TH~ CITY Alff) ITS
AGENTS, SERVANTS,EMPl.OVEES, AN~ OFFICERS HAft'I'fLESS
A~AI"ST ANY AN" AL.L Ct..AIMS" ,JUPGM£NTS, OR OTHER POSTS
ARISING FRØM TI'IEEXCAYATION AND OTHER ~RI<COVEREØ 'BY THE
EXØAYATION PERMIT ~R FOR WHICH THE CITY, THE CITY COUNCIL
OR ANY OFFiCER OF THE CITY MAY BE MAØ£ LIABLE BY WEAS...
OF AN ,Act IDENT OR I ""VRY TO PERSONS· OR PROPltRTY THROUGH
THE FAULT Or THE PERMITTEE EITH~R IN NOT PROPERLY GUARDINQ
THE EXCAYATIOfil OR FOR ANY OTHER INJ\.IRY RESWLTINQ FROM
THE NEGLIGENCE OF THE PERMITTEE, AND FURTHER CON.oITIONS
TO FIL.L UP, RESTORE AHI PLAcE IN GOO" AN. sAFE CONJJITJQN
As fltEAR AS MAY BE TO ITs ORIGINAL CON.IT!OH, A.ø TO THE
SATISFACTION OF THE PUBLlé WORKS DIRUTOR, AL.L OPENINGS
AN. EXCAVATI ONs "AJ).e: , "STREETS, AN. TO MA I NTA '" ANY STREET
WHERE EXCAVATION IS MAØE lit As Q.O.Þ COH.QITION FOR THE
PERIO. OF 24 MONTHS A~TER SAID WQRK SHALL HAVE BEEN .DONE
USUAL WEAR AN» TEAREXCEPTJo,AS IT WAs BEFORE SAID WORK
SHALL HAVE BEEN DONE. ANY $ETTL.E~NT OF THE SURFACE WITHIN
SA ," TWO YEAR pERIO. sHALL BE CONCLUSllfE EYløEHCE BY THE
CITY OF NORTH R I CHLAIt' HILLS OF DEFE~T I VE :aACI<-F I L.t. ItH;¡
BY THE PERMITTEE. NOTHING HEREI"COtHAINE4J ~HAlt.. aE
CONSTRUED TO ~E~UlRE THE PE~"'TTEE TO MAINTAIN ANY REpAIRS
TO PAVEMENT MAPttBY THE CITY IF ~u<al REPAIRS SHOUL}) PROVE
tEfE.ÇTIVE. AN.Y OW)tER OF REAL ESTATE REPAIRING QR E"GAQIN~
ANþTH£R TO REPAIR HIS OWN SIDEWALK SHALL NOT at RE~UIRED
TO QIYE S~H 80N,. RECOV~RY ON S~~H BOND FOR ANY IN~URY
~ A~-C I bENT SI1AlL "fin EXHAu~T THE 80".0 8\JT I T SHALL N
ITS ENTIRETY C:OVER ANY OR AL.l F~TìJR'E ACCIJ:tEMTS OR I"~URIES
."'RING THE EXCAVATION WORK FþR WH'<-H IT IS GIYE"'. IN THE
EVENT OF ANY SI¡ I T OR ÇLA I fi( AGA I N~T THE C trY BY REASON ØF
A NEGLIGEItCE OR })EFAI,Il.T OF THE PERfi(ITTEE,\.IPQN THE CITY'S
GInN WRITTEN tlOTIÇ'E; TO THE PERMITTEE øF SIJ.ÇH SYIT OR CLAIM,
ANY FINAL JUDGMENT AGAINST THE C,TY RE4tUIR,MG IT TO PAY
FOR SUCH DAMAGES SHAL.L BE CONcLVS I 'IE VPON THE PERM I TTEE
ANQ HI$ SURETY. AMAHNUAL. BOND MAY .8~ G'VEN UH~R THIS
PROVISION WHICH SHAt..t..REMAIN IN fORCE rOR ONE YEAR CONDI-
T IOMED AS Aa'VE, I N THE AMO\#NT SPEC F 'EO' ABOVE AMI IN
OTttER RESP.£.CTS AS SPECIF'EÞ AaOV'E BIJT ApPLICABLE AS TO
AL.L 'EXCAVAT'ÔN WORK '" STREETS BY THE PRIN-CIPAL AND SUPH
BOND DURING THE TERM OF ONE YEAR FRO", SAlt DATE.
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ORDINANCE 161
SECTION. VI J I
CASH DEPOS I 18. THE APPL I CAT! O~ FOR AN EXCAVATI ON PERMI T TO
P~RFORM EXCAVATION WORt( UNPER THIS OR~'NANCE SI'IALL BE ACÇOf1pÀNIED WITH
A CASH ~PQS'T, MADE TQ THE DIRECTOR OF PUBLIC WORKS, AS FOLLQWS:
A S",M E'tV,Al. TO $3.00 PER Sq,UARE FOOT OF SURFACE FOR EAÇH EXCAYATION
TO -BE MAøE I N STREETS WH I CH HA V£ BEEN PA VED WITH A REENFORCED ÇONCRETE
SURfACE; A SUM Eq,I,IAL TO $2.00 FOR EACH $.4ti,lARE FQOT OF SURFACE OF EX-
CAVAT ION rOBE MADE I N STREETS WH I CH HAVE BEEN pAVED WITH A HOT MI X
ASPHALTIC OR BITULITHIC SURFACE; A SI,.IM EqUAt.. TO $1.75 FOR EAcH Sq,UARE
FOOT OF S\lRfACE OF EACH EXCAVATI"M TO BE MA~E IN. STREETS WHICH HAYE
BEE~ PAYE. WITH A pENETRATION TYPE SURrAç~; A suM Eq,VAt.. TO $1.75 FOR
EACH sqUARE FOOT OF SURFACE OF EACH SUCH Ex.cAVATIØN TO BE MADE IN STREETS
WHICH ARE NEITHER PAVED NOR IMPROVED. No OEPQsIT SHALL BE LESS THAN
$20.00. ANY PERSON IN.TEN~IN.; TO MAKE OPENINGS, CUTS" OR EXCAVATIONS
IN STREETs MAY MAKE AND MAINTAIN WITH THE CITY SECRETARY OF THE CITY
OF NORTH R I CHLAfUi HILLS, A QENERALÞ·EPOS IT 'N THE SuM OF $2,000, ANP A
PERsoN So þEpOs I T I NQ SHALL NOT BE REq,U I RED TO MAKE nlE SPEC I AL 'QEPOS IT
PROVIIÌEP IN THIS SECTION BUT SHALL, HOWEI/ER" BE REQ,\,JIRED TO COMPLY WITH
ALL OTHER Ap})cLICABLE PROVISIONS OF THIS ORDltfANCE. ANY SPECIAL OR
QENERAL ØEP~SIT MADE HEREUNDER SHALt.. SERVE ÀS SE~URITY FOR THE REPAIR
AND PERfORMANCE OF WORK NECESSARY TO PUT THE STREET IN AS ;OOD CONDITION
AS IT WAs pRIOR TO THE EXCAVATION. IF THE PERMITTEE FAILS TO MAKE THE
NECE:SSARY R~PA I RS OR TO COMPL~n: THE PROPER REF ILL IN~ Of THE OPEN I NG
I~ THE ~XCAVATIQN WORt( UNDER THE EXcAYATION PERMIT. UP9N THE: PERMITTEE'S
COMPlETI,N øF THE WORK COYER~D 8Y S~ÇH PERMIT AND 'N ÇQNFORMITY WITH
THIS ORUINANQE AS ,ETERMINED BY THE PuaLIC WØRKS DIRECTOR, TWO-THIRPS
Of SUCH cASH DEPOSIT, EXCEPT IN THE CASE OF AN ANNUAL PEPOSIT, SHALL BE
PROMpTLY 'rE~UN.'ED IY THE CITY OF NORTH RICHLAfO) HILLS TO THE PERMITTEE:
ANÞ THE IALANCE SHALL 8E REFUNþED sY THE CITY OF NORTH RICHLAND HILLS
TO THE PERMITTEE UPOf¡fTHE EXPIRATION OF SUCH 2!¡. MONTHS' PERIOD;
PROVID~D, HOWEVER, THAT AS TO ANY ANNUAL ÐEPOSIT TWO-THIRQS THEREOF
SHALL BE REFUNÞ.Ø BY THE CITY Or NORTH Rf~HLANJ HILLS AT THE END OF
THE ONE YEAR PERIOÞ FOR WI'IICH THE DEPOSIT IS /'lADE OR THE SATISFAcTORY
COMPLETION OF ALL EXCAVATION WORK UIO>ERTAt<ENDUR N~ SUÇH PERIOD,
WHICHEYER IS LATER, AND THE BALANCE OF THE ANNUAL JEPOSIT sHAll BE
.ErUNøEÞ AT THE EXpIRATION OF A 2!¡. MONTHS' PERIOD fOLLOW N~ THE
COMPLETléN OF SUCH EXCAVATION WORt<; AMI PROVIDED FURTHER THAT THE
CITY QF NORTH RICHLAND HILLS MAY USE ANY OR ALL OF ANY SUCH DEPOSIT TO
PAY THE þosT OF ANY WORK THE CITY OF NORTH RICHLAND HILLS PERFORMS TO
RESTORE OR MA I NTA' N THE STREET AS HERE I N PROV r1ED I N rH~ EYENT THAT
PERMITTEE FAILS TÒ PERFORM SUCH WORK, IN WHICH EYENT THE AMO~NT RE-
fUNDEÐ TO THE PERMITTEE sHALL BE REDUCED BY THE AM'UNT THUS EXPENDED
BY THE ÇlTY OF NoRTHRICHLAND HILLS.
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ORD I N.ANCE 161
SECTION VI V
ROUTING OF TRAFFIC. THE PERMITTEE SHALL TAK~ APPROPRIATE MEA-
SURES TO ASSUR~ THAT DURING THE PERrORMANÇE OF THE EXÇAVATION WORK TRAFFIC
ÇONJ)ITIONS AS NEARLY NORMAL AS PRACTICABLE SHAt..L IE MAINTAINEQ AT ALL TIMES
SO AS TocAYSE AS l.1 TTLE I NCONYEN IEMCE AS poss' BLE TO THE oc.cvpAfns OF TH~
A8UTTIMG PROPERTY AN~ TO THE ~ENERAL PUBLIC, PROVIDED THAT THE PUILIC
WORt<S DIRECTOR MAY PERMIT THE CLOSING OF THE STREETS TO ALL TRAFFIC FOR A
PERIOÞ OF TIME PRESCRIB~Þ BY HIM IF IN HISOPINIQI'C IT IS NECESSARY. THE
PERMITTEE SHAl.L ROUTE AND CONTROL THE TRAFFiC IN~LUDIN.S HIS OWN. VEHICLES
AS ÞIRE¢TED BY THE POLicE DEPARTMENT OF THE CITY QF NORTH RICHLAND HILLS.
THE FOLLOWING STtps SHALL BE TAKEN J£1\'ORE ANY STREET .,AY BE ~LOSED OR
RESTRICTED TO TRAFFIC:
(A) PERMITTEE M~ST RECEIVE TKE ApPROVAL Of THE PUBLIC WORKS
DIRECTOR AIIID THE POLtCE CHIEF' THEREFORE;
(B) THE PERMITTEE MUST NOTIFY THE CHIEf OF THE FIRE
DEPARTMEJ4T OF ANY STREETS SO Cl.OSED;
(ß) UPONCOMPLETI~N OF CONSTRUCTION WQRK THE PERMITTEE
SHALL NOTIFy THE PUBLIC WORKS DiRECTOR ANI'> THE POLICE
CHIEF UPON SUCH COMPL"ETIOft '8EFOF!E ANY TRAFfIC IS PER"'TTED
TO MOYJ: 8Act< TO I TS NORMAL FLO~ I" ORøER TH.AT THE NECESSARY
AØ,JUSTMENTS MA¥ BE MADE;
(D) WHERE FLA!i:MEN ARE ÞEEMED NECESSARY IY THE PU,LIC WORKS
DIRECTOR OR THE POLIC~ CHIEr THEY SHALL IE FURNISHED BY THE
PERMITTEE AT ITS OWN r::xPENSE. THROVQH TRAFFIC SHALL IE
MAINTAINED W THOUT THE AID Of .DETOURS, WHEREVER PQSSliLE.
IN fNSTANcr::S IN WHICH THIS WO~LD NOT BE FEASIJLE, THE
P~JLIC WOftKS DIRECTOR SHALL ÞESIQNATE ÞETO~RS. THE CITY
SHALL MAINTAIN ROAt»IfAY SURFACES OF EXIST'"Q HIQHWAYS DESIG-
NATED AS þETOURS WITHOUT EXPENSE TO THE PERMITTEE BUT IN
eASE THERE ARE NO EXISTINQ HIQ~~AYs THE PERMITTEE SHALL
CONSTRVCT ALL OETOURS AT ITS r::X~EN.SE ANÐ IN CONfORMITY
WITH THE SPE~IFICATIÓNS QF THE P~BL Ç W.RKS DIRECTOR. THE
PER'" ITTE:E WILL BE RESPOHS I BLE FOR ANY UNNECESSARY DAMAQE
~AUSED TQ ANY STREET BY THE OPERATfO" OF ITS E~VIPMENT.
SECTION x
CLEARANCE FOR FIRE EQUIPMENT. THE E:XCAVATION WORK PERfORMED HERE-
UNQER SHALL IE cOftQU.ÇTED SO AS NOT TO INTERFERE WITH A.pCESS TO FIRE STATIONS,
FIRE HYþRANTs AN) APPURTANCES. MATERIALS OR O~STRUCTIONS SHALL NOT BE PLACED
~ITHIN 15 fEET Of FIRE HYþRANTS. PASSAGEWAYS LEAQINQ TO FIRE EScApES OR
FIRE FIQHTI~ £\UIPMENT SHALL BE KE~fREE Of PILES OR Of MATERIAL OR OTHER
OBSTR VCT ION S.
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ORDINANCE 161
SECTION XI
PROTECTION OF TRAFFIC. PERMITTE.E SHALL ERECT AND MAINTAIN
SUtTABLE BARRIERS TO CONFINE EARTH FROM TRENCHES OR OTHER EXCAVATIONS
IN ORDER TO ENCROACH UPON STREETS AS LITTLE AS POSSIBLE. THE PERMITTEE
SHALL CONSTRUCT ANP MA I NTA IN APEQ.UATE AND SAFE CROSS I NGS OYER .EXCAVAT IONS
IN ACCORÐANCE WITH SPECIFICATIONS REQ.UIRED BY THE PUBLIC WORKS DIRECTOR
IN ORDER TO ACCOMODATE VEHICUl.AR AND PEOESTRIAN TRAFFIC AT ALL STREET
INTERSECTIONS. VEHICULAR CROSSINGS SHALL BE CONSTRUCTED AND MAINTAINED
OF PLANK, TIMBER, ANP BLOCKIN~ OF APEQ.UATE SIZE TO ACCOMMODATE YEHlcULAR
TRAFFIC SAFELY. DECKING SHALL BE NOT LESS THAN FOUR INcHES THICK AND
SHALL BE S}::CURELY FASTENEP TOGETHER WITH HEAVY WIRE ANP STAPLES. PEDES-
TRIAN CROSSINGS SHALL CONSIST OF PLANKING THREE INCHES THICK, TWELVE
INCHES WIDE AND OF ADEQ.UATE LENGTH, TOGETHER WITH NECESSARY Bl.OCKING AND
WACKWAY BANN$STERS. THE WALK SHALL BE NOT LESS THAN THIRTY-SIX INCHES
IN WIDTH AND SHALL BE PROVIDED WITH A RAILING AS REQ.UIREP BY THE PUBLIC
WORKS DIRECTOR.
SECT t ON X I
REMOVAL AND PROTECT I ON OF UTILI TIES. TliE PERMI TTEE SHALL NOT
INTERFERE WITH ANY EXISTING UTILITY WITHOVT THE WRITTEN CONSENT OF THE
PUBLIC WORKS DIRECTOR AND THE UTILITY COMPANY OR PERSON OWNING THE UTILITY.
IF IT 'BECOMES NECESSARY TOR}::MOVE AN EXISTING UTILITY THIS SHALL BE DONE
BY ITS OWNER. No UTILITY OWNEr> BY THE CITY OF NORTH RIcHLAND HILLS SHALL
BE MOVED TO ACCOMMODATE THE PERMITTEE I,INLESS THE COST OF SUCH WORK BE
BORNE BY PJ::RMITTEE. THE COST OF MOVING PRIVATELY OWNEþ I,JTILlTIES SHALL BE
SIMILARLY BORNE BY THE PERMITTEE UNLESS IT MAKES OTHER ARRANGEMENTS WITH
THE PERSON OWNING THE UTILITY. THE PERMITTEE SHALL SUPPORT AND PROTECT BY
TIMBERS OR OTHERWISE ALL PIPES, CONDUITS, POLES, WIRES, OR OTHER APPARATUS
WHiCH MAY B}:: IN ANY WAY AFFECTED BY THE EXCAVATION WORK, AND 00 EVERYTHIN~
NECESSARY TO SUPPORT, SUSTAIN ANP PROTECT THEM VNDER, OVER, ALON~ OR
ACROSS SAIP WORK. IN CASE ANY OF SAIP PIPES, CONPUITS, POLES, WIRES OR
APPARATUS SHOULb BE DAMAGED, THEY SHAt..L BE REPAIRED BY THE A~ENCY OR
PERSONS OWNING THEM AND THE EXPENSE OF SUCH REPAIR SHALL BE CHARGED TO
THE PERMITTEE, ANO HIS OR ITS BOND SHALL BE LIABLE THEREFORE. THE PER-
MITTEE SHALL IE RESPONSIBLE FOR ANY DAMAGE DONE TO ANY PUBLIC OR PRI-
VATE PROPERTY BY REAsON OF BREAKINÇ ANY WATER PIPES, SEWER, GAS PIPE,
ELECTRIC CONDUIT, OR OTHER UTILITY AND ITS BOND SHALL BE LIABLE THEREFORE.
THE PERMITTEE SHALL INFORM ITSELF AS TO THE EXISTANCE AND LOCATION OF ALL
UNOERGROUNP UTILITIES AND PROTEcT THE SAME AGAINsT PAMAGE.
SECT I ON X I I I
PROTECTION OF ADJOINING PROPERTY. THE PERMITTEE SHALt.. AT ALL
TIMES AND AT HIS OR ITS OWN EXPENSE PRESERVE ANP PROTECT FROM IN~URY ANY
AD,JOINING PROPERTY BY PROVIDING PROPER FOUNQATION AND TAKING OTHER MEA-
SURES SUITABLE FOR THE PURPOSE. WHEREIN THE PROTECTION OF SUCH PROpERTY
IT IS NECESSARY TO ENTER UPON PRIVATE PROPERTY FOR THE PURPOSE OF TAKING
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ORDINANCE 161
APPROPRIATE PRQTECTIVE MEASURES PERMITTEE SHALL PBTAIN A LICENSE FROM
THE OWNER PF SUÇH PRIVATE PROPERTY FOR SUCH PVRPOSE AND IF HE CANNOT
OBTAIN A ~IC~NS~ FROM SUCH OWNER THE PU8LIC WORt<S DIRECTOR MAY AUTHORIZE
HIM TO ENTER THE PREMISES SOLELY FOR THE PURPOSE OF MAKING THE PROPERTY
SAFE. TWE PERMITTEE SHALL, AT ITS OWN EXPENSE SHORE UP AND PROTECT ALL
BUILDINGS, wALLS) FENCES OR OTHER PROPERTY Llt<ELY TO BE DAMAGED DURING THE
PROGRESS OF THE .XCAVATION WORK AN» _HALL BE RESPONSIBLE FOR ALL PAMAGE
TO PUBLIC OR P~lvATE PROPERTY OR HIQHWAYS OR STREETS RESULTINQ FROM ITS
FAILURE PROPERl.Y TO PROTECT AN» ~ARRY OUT SAID WORK. WHENEVER IT MAY
BE NECESSARY FOR THE PERMITTEE TO TRENCH THROUGH ANY LAWN AREÀI THE SOp
SHALL 8ECAREFt1LLY CUT AND ROLLED AND REPLA¢Et AFTER THE DITCHES HAVE
BEEN BACK-FILLE~ AS REClUIRED IN THIS ORDI"AN9E. ALL CONSTRUCTION AND
MAINTENANCE WORK SHALL BE DONE IN A MANNER CALCULATED TO LEAVE THE LAWN
AREA ÇLEAN OF .EARTH ANP DEaR I S AND I N A conI TI ON AS NEARLY AsP OSS I aLE
TO THAT WHICH EXISTED BEFORE SUCH WORt< BEGAN. PERMITTEE SHALL NOT RE-
MOVE EVEN TEMPORARILY ANY TREES OR SHRUBS WHICH EXIST IN PARKING STRIP
AREAS OR E:ASE~NTS ACROSS PRIVATE PROPERTY WITHOUT FIRST HAVIH~ NOTIFIED
AND OsTAIHEØ THE: CONSENT Of TIE PROPERTY OWNER) OR IN THE CASE OF PUBLIC
PROPERTY THE ApPROPRIATE MUNICIPAL OFFICIAL HAYING ~ONTROL OF SUCH
PROPERTY.
SECTION XIV
SIDEWALK EXCAVATIONS. ANY EXcAVATION MADE IN ANY SIDEWALK OR
UNDER A SIØEWALK SHALL BE PROVIDED WITH SU8STANTIAL AN» ADEQUATE FOOT
BRIDGE OV~R SAID EXCAVATIoN ON THE l.INE OF THE SIDEWALK WHICH BRIDGE
SHALL8E AT LEAST THREE FEET WIDE AND SECURELY RAILE}) ON EACH SIDE SO
THAT FOQT PASSEN~ERS CAN PASS OVER SAFELY AT ALl. TIMtS.
PROlEPTIYE MltASURES. THE ÞERMITTEE SHALt.. ERECT SVCH FENCE"
RA I LI KG OR BARR IERS ABOUT THE 5 I TE OF THE EXCA VA T ION WORK AS SHALL
PREVENT .A"QER TO PERSONS USING THE ~ TY STREETS ØR SID£WALKs AND SUCH
PROTECTIVE BARRI~RS SHALL BE MAINTAINED UHTIL TH£ WORK SHALL BE COMPLETED
OR THE ÞANGERREMOVED. AT TWlt..IGHT THERE SHALL 'BE pLACE» I,IPON SUCH PLACE
OF EXCAVATI.NAN~ UPON ANY EXCAVATED MATERIALS OR STRUCTURES OR OTHER
OBSTRUCTIONS TO STREETS SUITABLE ANI) SuFFICIENT t..IGHTS WHICH SHALL BE
KEPT BIJRN I NG THROI,SQHOUT THE N I ~HT DUR I NG THE MA I NTEN.ANCE OF SUCH OB-
STRUCTIONS. IT SHALL 8E UNLAWFUL FOR ANYONE TO REMOVE OR TEAR QPWN
THE FENC£ OR RA LING OR OTHER PROTECT I 'IE 8.ÂRR I ER OR ANY L I QHTS P ROV I OED
THERE FOR THE PROTECTION OF THE PUBLIC. THE PUBLIC WORKS DIRE~TOR
SHALL SPEC I fY S~JCH PROTECT I VE BARR 'ERS AND l. $HTS AS HE DEEMS NECESSARY.
-9-
ORDINANCE 161
SECTION XVI
ATTRACTIVE NUISANCE. IT SHALL BE UMLAWFVL FOR THE PERMITTEE
TO SUFFER OR PRf:MIT TO REMAIN UNGUAfU>ED AT THE PLACE OF EXCAVATION OR
OPENINQ, ANY MACHINERY" £~UIPMf:NT OR OTHER DEVI.CE HAVIN.G THE CI1ARACTER-
ISTICS OF AN ATTRACTIVE NUISANCE LIKELY TO ATTRA(:T CHILQREN HAZARPOUS
TO THEIR SAFETY OR HEALTH.
SECTION XVII
CARE OF EXCAVATED MATERIAL. ALL MATERIAL EXÇAYATE~ FROM TRENCHES
AND PILED ADJACENT TO THE TRENCH OR IN ANY STREET SHALL PE PIL'EQ ANP
MAINTAINED IN SUCH MANNER AS NOT TO ENJi)ANQER THOSE WORt<ING IN THE TRENCH,
PEDESTRIANS OR USERS OF THE STREETS, AND SO THAT As LITTLE INCONVENIENCE
AS POSSIBLE IS CAUSED TO THOSf: USING STRUTS AND ADJOINING PROPERTY.
WHERE THE CONFIN~S OF THE AR'£A BEIN$ EX~AVATE' ARE TQONARROW TO PERMIT
THE PILINQ OF EXCAVATED MATERIAL 8ESIDE TH'E TRENCH, SU-CH AS MIGHT BE
THE CASE fN .A NARROW ALL'EY OR EASEMENT, THE PUlL I C W.I<S 0 I RECTOR
SHALL HAVE T!¢ AUTHORITY TO REQUIRE THE PERMITTEE TO HAUL THE EXCAVATEO
MATERIAL TO A STORAGE SITE AND THf;N REHAUL IT TO THE TRENCH SITE AT THE
TIME OF 8.ACt<-fILLI'NG. IT SHAl.LBE THE PERMITTEE'S Rf;SPPNSIBILITY TO
SECURE THE NECESSARY PERMISSION TO MAKE: ALL NECESSARY ARRANGEMENTS FOR
ALL REQUIR'£Þ STORAQE AND DISPOSAL SITES.
SECTION XVIII
DAP'\AGE TO EXISTING IMPROVEMENTS. ALL PAMAGE DoNE TO EXISTING
IMPROVEMENTS 'DURING THE PROGRESS OF THE EXCAVATION WORk SI'IA't..L BE REPAIRED
BY PERMITttE. MATERIALS FOR SUCH REPAIRS SHALL CONFiRM WITH THE REQUIRE-
MENTS OF ANY APPLICABLE CODE ,oR MUNICIPAL ORplNANCE. IF UPON øEINQ OR-
DEREt) THE: PERMITTEE FAILS TO FURNISH TH'£ NECESSARY LABOR AND MATERIALS
FOR SUCH R~PÀIRS, THE PUBLIC WORKS DIR~ÇTOR SHALL HAVE THE AVTHORITY TO
CAUSE $ET NECESSARY LA80R AND MATERIALS TO BE FURNISHE. BY THE CITY A~D
THE COSTSHAl.l. BE CHARGED AGA I MST THE PERMI Tn:E AN ;) THE PERM'TTE:E SHALL
ALSO BE l.IABLE ON HIS OR ITS BOND THEREFORE.
SECTION XIX
PROPERTY LINES AND EASEMENTS. PROPERTY LINES AND LIMITS OF
EASEMENTS SHALL 8E INDiCATED ON THE PLAN OF EXCAVATION SUBMITTED WITH
THE APPl.ICATI,N FOR THE: EXCAVATION PERMIT AND $I'IALL BE THE PERMITTEE'S
RESPONSI&ILITY TO CONFINE EXCAVATION W.RK WITHIN THESE LIMITS.
SECTION XX
CLEAN-UP. As THE EXCAVATION ~OR ( PROGRESSES ALL STREETS AND
PRIVATE PROPERTY SHALL BE THOROUGHLY C~EANEÞ ~F ALL RUBBISH, EXCESS EARTH,
ROCI< ANØ OTHER DEBRIS RESUI,.TINQ FROM SUÇH WORK. ALL CLEAN-UP OPERATlQNS
-10-
ORD I NANCE 161
AT TJiELOCATløH OF SUCH EXCAVATION SHALL BE ACcOMPLISHED AT THE EXPENSE
OF THE PER'" I TTEE Aft_ SHALL BE COMPLETED T~ THE SA T I SF ACT! ON OF THE PUBL IC
WORKS DIREeT.è)R AND IN ANY EVENT '""tD'ATEt..y AFTER THE ØOMPLETION OF
SAID WORK, THE PERMITTEE SHALL AT HIS OR ITS _\!IIN EXPENSE CLEAN UP AND
REMOV£ ALLRE:FUSE ANb ~NUSa MATERIALS OF ANY KIND RESVLTIN~ FRQM SAID
WORt< AfIfØ V,.ON F'AILIJRE TO PO SO WITHIN 24 HOURS AFTER HAVING BEEN ORDERED
TO DO Soay THE PU·8l.IC WORKS DIRECTOR, sAlt WORt< HAY BE DONE BY THE
PIJØL Ie WORt<S D RE.tTOR MOt FORCES OF HIS Þ!:PARTMEHT AND THE CØST THEREOF
CliARQEDTø THE P'ERMI TTEE, THE PER'HTTEE SHALL ALSO 8E LlA8LE FOR THE
COST THER'Eø'F U"-'Eft THE SURETY BON' PROV llJEØ HEREUN'DER.
SECTION XXI
PROTECTION OF WATER CQURSES. THE PERMITTEE sHALL PROV'DE FOR
THE FLOW þf ALL WATER COURSES, SEWERS OR ORA I filS IJHERCEPTEþ nVR I KG THE
EXCAVAT .~ ~RK ANI) SHALl. REPLACE THE sAME IN A CONDITIØN AS WAS fOUNO
OR SHALL MAKE SUÇH PROVISI~ FCJR THE'" As THE PUBLlç WORt<S DIRECTOR MAY
DIRE.cT. THE PI:RM'TTEE SHALL N&T OISTRUCT THE .GUTTER OF ANY STREET 8~T
SHALL U~ ~t PROPER MEASURES TO PROVIDE FOR THE FREE PASSAGE OF SIJR-
FACE WATER. THE: PERMITTEE SHALL MAKE PROYISION TO TAKE .cARE Or ALl.
SURPLUs I'tATE'R,MUC (, SILT, SLICKINQS, OR OTHER RU'N4)Ff FROM EXCAVATION
RESWLTIHG rROM SLUICINQ DR OTHER OPE'RATIONS ANI SHALL BE RESPQNSlaLE FOR
ANY PAMA~E R~S\JLTING FRøM ITS FAILURE TO SO PRQVIOE.
SECT I ON XX I
BREAKING THROUGH PAVEMENT. WHENEVER IT IS HE~.SSARY TO BREAK
THROU&H EXISTING PAVtJ1ENT FO'R EXQAVATIQN PURPOSES AND WHERE TRENCHES ARE
TO BE FOUR f.E:ET OR OVER IN DEPTH THE PAVEMENT IN THE BASE SI'IALL BE HE"'"
MQVE.D TO AT LEAST 6 IN,CHESBEYONÞ nIl: OUTER l.IMfT Or THE Sl,Ia-GRADE THAT
IS TO BE DISTUftBE:Þ IN ORDER TO RREVENT SETTLEMENT" AND A SIX IN.cH
SHOUl."Eft 'FIIH' I STUR8ED "" TER I At.. SHALL 'BE PROY I D.E:)) I H EACH S I ØE OF THE
EXCAVATED TRENCH. THE FAeE OF THE RE:HAININ~ PAVEMENT SHAt..L IE APPROX-
I MA TEL Y WRT eLE. A PoWER })R I VEN CON~R:Er£ SAW SHA1.L BE USED SO AS TO
PERMIT CoMPLETE BREA (A~E OFc(JHCRETE PAVE'PŒJtlT OR BA* WITHOVT RAQQEì)
EþGES. ASPHALT PAVING r:sHALL BE SÇ.RE~ OR QTI'IERWISE -(:UT IN A STRAIGHT
LINE WITH A PÒWER-iJRIVEN sAW OR AIR HAM*R. Nø PIl.'E DRIVER, I.ACK HOE,
FRONT EN' L(JADER, MAY BE USED IN BREAKING UP THE PAVEMENT.
SECT I ON XX III
TUNNELS. TUNNELS ~NÐER PAVEM£N.T SHALL NOT fiE PERMITTE.D EXCEPT
BY ~XPLICIT WRITTEN PERMIsSION ~ROM THE P~8LIC WORKS DIRECTOR AND IF PER-
MITTED sHALL n Aþ'EQ,UATEl.Y SVPPORTED BY THE: NECESsARY TIMBERINQ AND
BACK-FILLINQ UNDER THE þIRJ;:CTION Or THE PUBLIC WORKS D'RECTOR.
-11-
ORJ)INANCE 161
SECTION XXIV
BACK-FILLING. BÆOK-FILLING IN ANY I3TR~ET 'P~NED OR EXcAVATED
PERSUANT TO AN EXCAYATION PERMI T I SS.\,IED HltRE.\,IM·ØE:R SHALL IE CØ"PA9TED
TO A ØEGREEE'lUP/ALENT TO THAT (.IF THE UNDISTVRaEIJ ~R'I,IN.' IN WHICH THE
TRENCH WAs DUG. CØMPACTION SHALL BED.HE O.LY BY ~~~ANIÇAL OR HY-
DRAULIC TA~PERS OR VIBRATORS BY ROLLING l.AYER$, .R .Y WA~R-SETTLING
AS Rltftll I R.EÞBY THE SO I L IN \UEST ON ATiO' SOUND EN" "EER I KG PRAtT leES
~ENERALLYREC'QteltE:~ IN THE CONSTRI,JCTI01'4 INDUSTRY AND AS PERM/TTtb BY
THE PUBL ~ W'RKS DIRECTOR.
SECTION XXV
DRY BACK-FILLING. BAtK-FILLINQ UP TO THE FIRST SURrACE: OF THE
STREET StiAlI..BE: DONE WITH THIN LAY!:RS. EACH LAYER sHALt.. n TAHPEÐIIY
PŒCHAN I cAL OR HYÐRAULI c MEANS. LAYERS THAT ARE P_R TAMPED SHALL NOT
EXCEED SIX IN-CHES ,. THiCKNESS. THE sA~ REftt¡lIRE~NT sHALL APPLY TO THE
EXCAVATIONS MADE IN THAT AREA BETWEEN THE .URB LINE AM}) THE PROPERTY
Llte£ Of ANY STREET. BACK-FILLING OF ALL PIPES ftF OVER TWE"TY"";¡:-OUR
'"CHitS IN J)IAތ~R SHALL BE tARRIED UP TO THE SPRING LIItE (.IF THE PIPE
I N 3-ltH~H LAYERS WI TM EACH LAYER fit. J STENEÞ AN}) niORøU~HL Y TAHPEø WITH
SU ITAIL'E: '«cHAN I tAL OR HYDRAUL I C EftU J fDMENT. THE 8.Atl<-FI LL AROUND ALL
PIPES 24 INCHES OR LESS IN DIAfIff;TER SHALL BE TAMPED As SPE-CIFIEO ABOVE
As TO A DEPTH OF EIGHTEEN INCHES AI.VE THE T~ QF rl'f'E: pIPE BEFORE ANY
ADDITIONAL BAtk-FILLINQ IS PLACEØ THEREON.
SECTION XXVI
BACK-FILL MATERIAL. WHENEVER ANY tXCAVATION FOR THE LAYING OF
PI PE SHALL a~ LM' S I X I ~HE.S ABOVE THt ~.ÇK ..TTO,", Of" TI'IE TR'ENCH AND THE
SPACE utUJER, AROl,I'fD AND S I X I NCIt'£S ABOVE THE P PE: SHALL ,E aA.pk-F1 LLED
WITH CLEAN RIVER SAND. BROKEN PAVEMENT, LARG£ STONES AND nEaRIS SHALL
Nçn IN ANY MANN'ER OR MEANS BE USED IN THE. BAèK-FIlL.
SECTION XXVII
BcACK-F'LL I NG AT THE SURFACE. BACK-F I /.,.1. I Ne; SHALL BE COMPLETEI' SY
PLACING THE BAÇ~-FILL NG MATERIAL WELL UP OVER THE T.P OF THE TRENCH.
FOR J!>RY BA~K-FILLI"$ THE MATERIAl. SHALL liE eøM'JDAcTEDWITH A ROLLER OF AN
APPRO"'HATE TY'pE. THE SURrA~E SHALL THJE:N BE QRA~ED AS RE\VI RE" -SY THE
PUI;ILI¢ WoRKS DIRECTQR.
SECTION XXVIII
RESTQRATION OF $U,EfA.CE. THE PERMITTEE SHALLRESTQRE THE SURFACE
OF ALL EX 1ST! NG STRE.ETS 8RO~N I "TO OR DAMAGED- AS A REsuLT Of THE EXCAVA-
TION WORK TO ITS ORIGINAL CONltlTION OR UTTER IN At.cQRDAN.cE WITH THE
SPEC I F/ ()A TI.N 5 OF THE CITY. THE PER"' TTEE MAYBE RE.\U Ut£O TO PLACE A
TE"PORARY SURFACE OYER ALL OPE,.H"QS MADE I I'tPAVEþ TRAFFIC i..ANES. Ex-
cEPT WHEN THE PAYEMENT IS TO BE REPLACED BEFORE THE C.pEHING OF THE CUT
-12-
OR'þIr.ANCE 161
TO TRAFFIC, THE FILL ABOVE THE BÐTTO'" OF TI'I£ PAVING SLAfS SHAt..l BE MAf,JE
WITH SUITABLE ~TERIAL WELL TAMPED INTO PLACE AS SPECIFIED ABOVE AND
THIS FILL SHALL BE TO~PEÞ WITH A M "'M~M OF AT LEAsT TWO INçHE:S OF 81-
TUMINOijs MIXTURE WHI9H IS SUITABLE TO MAINTAIN THE O~E~IN~ IN ~OOP PONDI-
nON UNTIL "ER"A"~'NT RESTORATIQ·N CAN BE HADE. T {E ·C".WN OF THE TEMPORARY
RESTORATiON SHAll. NOT EXe£E:D aME IltCH A.OYE THE A),IOINHIG PAVEMENT.
PERMI TTEESHALL EXERt I SE SPEC AL CARE '''' "AIO N~ S"'PH TEMPORARY RESTORAT IONS
AM» ",",ST MAINTAIN SuCH RESTORATlé)NS IN SAFE TRAVEllNQCØNDITION UNTJL
SUCH TI~ As PERMANEMT REST_RAT'ONS ARE "A.E. THOSE ~TERIALS UsED SHALL
BE IN A~'R'A"CE WITH THE SPE~IFI~ATIONS OF THE CJTY. If IN THE JUD~~NT
OF THE PU8LIC WORKS DIRECTOR IT IS NOT EXpE"ENT TO REPLACE pAVEMENT OVER
AN.Y CUTÔR EX~AYAnON MA.E IN THE STREET UPON COMPLETH:>N OF THE WO~K
ALLOWED UNøE:'R St/PH PERMIT øy REAsON Of THE LOOStltESS OF THE EARTH OR
WEATHER C,N.ITION, HEMAYþl~E~T THE PERMITTEE TO LAY A TEMPoRARY PAVE-
MENT ·OF W... _ROTHER sui TAILE MATER I AL Us I QNATEÐBY H '" OVER SuCH CUT
OR EXCAVATION TO ~EMAI" UNTIL SUCH TIME AS THE REPAIR ØF THE ORI~ NAL
ÞAVEMENT MAY ØE PRØP~L Y MADE..
~RHANE"T REST(lRATION OF THE STREET SHALL 81£ MACE 8Y THE PERMITTEE
IN STRI(:TA.tÇtRDÄN-<:E WITI'I THE SPE~IFIÇATIONS PREseRI\SU ey THE PUBl.IC WORKS
DIREQTOR TO RtST.~E THE STR~ET TO ITS ORIGINAL AND PR.PER ÇÐNDITION OR
AS NEAR As "AY B~.
ACCEPTANCE OR APPROVAL OF ANY E;XÇAVAT 14>.N WO-RK .BY THE PU8l. I C
WORKS D R"f:~TC.R SHAl.L NOT PRE:YENT THE CITY FRO'" ASS-ERTJ"$ A~LA I M AQA MST
THE PERMITTEE AN' HIS OR ITS S~RETY U"~E~ THESVRXTY s,..)) RE~UIR£D HERE-
UNDER FOR INCQMPLETE: OR DJ:FEQTIVE WORK IF .1~.y:E:REJ) WITH'" TWE'NTY-FQI,JR
MONTHS F~ø... TH~ ·~QMPLETIOM OF THE EX~A lATIO" WfRK. THE PUBl.IÇ, WaRKS
D I RE4'Ht)R J S PRESE'N.PE 'Wft I NQ THE PER'QRMAN.ÇE: OF ANY EXçAYATION WORK SHALL.
NeT ìŒLfEYE THE PERMITTEE IN ANY WAy WHATSOEYER OF ITS RESPONSIBILITY
HE REijN.ER .
SECTION XXIX
CITY'S RIGHT TO REST.ORE SURFACE. IF THE PERMITT££ SHALL HA'tIE
FAILED TO RE$TOR~ THE SURFACE OF THE STREET T' ITs ~fG NAL ANn PROPER
CON))ITltN UPON TH'It EXPIRATION OF THE TI,. r,XED 8Y SUPH Pf:RMIT OR SHALL.
OTH£RWIS'E HAVE FAILE" TO e,MPt..J:rt THE ExçAVATtøNWORJ( COVEREÞ BY suel'l
PERMIT, THE PUBLIÇ WORKS DIR£CTCU~, IF HE. .'EEMs IT AÞVIsAÞL'E SHALL HAVE
THE RIQHT TO .. ALL WORK AN' THIN~S NECESsARY TO RESTORI: THE STREET TO
ÇØMPLET't THE Ex-cAVATION WORK. THE PERHI TTn SHALL 'BE LI AøLE FOR THE
ACTUALÇ~ST THEREOF AND3~ Or SUCH COST IN A~.ITI~ FOR GENERAL OVER-
HEAþ, A..ÞJ1I.NISTRATIVE EX'PEMSES,ANÌf CQ'NTI"'~E"CI'ES. TttE C,TY SttALL HAVE
A ~AUSE ~r AQTION FOR ALL F~ES" EXPENSES AND A~~NTS PAlþ 'UT A~ø ÐUE
IT rOR S~þH WORK AND SHALL APPLY IN ~AY"tNT OF THE A"O~NT DuE IT ANY
FUNDS OF THE PERMITTEE DEPÒ$ITEþ AS HEREIN PROVlþED ANt) THE CITY SHALL
ALSO E:NFORC.E ITS RIGHTS UNDER THE PERMITTtE's SI¡JItETYSON'Q PROIIIУÐ
PVRSUANT TO ,-HIS ORDINANCE.
-13-
ÛRØl NANÇE: 161
IT SHALL BE THEøt,lTY OF THE PE~"'TT:EE TØ ~UÂRA"TEE AND KAINTAI"
THE SIT~ OF TM¥: ~XCAVATIØ" WORK ,It THE SAPŒ I;QNIJITI", IT WAS PRIOR TO
THE EXQAVATION FOR TWO YEAR$ AfTER RESTOR'N~ IT TØ ITS øRIGINAl. CONDITION.
SECTION XXX
:tRENCHES IN PIPE LAYIKG. EXÇEPT BY SPE-CIALPERMISSION FROM THE
P..,BL.IC W'Rf(~ bIRECTOR, NO TRENtrH SHAL.L 8E .XÇA'IATE.D "_RE THAN 250 FEET IN
ADVANCE OF plPJi: LAYINQ N~R t..EFT UNfll.LED MØRE THAN 500 fEET W.-.ERE PIPE
HAS 'tEN LAI.. THE t..ENGTH OF TH't TRE:NCH THAT MAY BEOPEHED AT ANYONE:
TI ME SHALL ""T IE GftEATER THAN THE t..E'H'}TH OF TtfE pi p'£ A"'D THE: NECESSARY
ACQESS.RIESWHICH ARE AVAILABLE AT THE SITE Rf:.-.øy 11 B~ PUT IN PLACE.
TRENCJIES SHALt...E IRACED ANØSHEATHE. ACC~RD IItG TO QEMJ;RAt..t..Y ACCEPTED
SAFETY STAN.AR'S fOR CONSTRUCT' ON WORK As PRES~R. BED BY THE PUBI..I C
WORKr¡f D J ~E<:T''R. No T J "8~R 8RA~ JU~, LA~G I 'H\1, SHEA THI KG OR OTHER L~M8ER
SHAL.t.. 'ELEfT IN ANY TRENCH.
SECTION XXXI
PRQHPT C.QMPLETION OF W.QRK. THE PERMITTE sHALL PROSECUTE WITH
ø 'L GtNcE AMp EXPE1U T I ON ALL EXCA VA T I tN Wf)RI< ~O'l~RE.D BY THEE)(.ØA VA T ION
PE:RM'T A~~ SHALL PRO"PTLYCøMPt..ETE SU~HWôRK AMD RESTORE THE STREET TO
ITS OR'QIN,Al. i:tNþITI,N, OR As NEAR AS 'MAY BE, AS sO.MAS KAY at PRAcTIC-
ABLE AN;Q 'MANY En:NT NOT LAttR THAN THE .ATE SPEÇlflU ØN THE EXcAVATION
PERMIT THJ;~EFØRE;.
SECT I on XXX II
URGENT WO~K, If' N HIS J\I.ø.GM£NT TRAfF ICC~NIH 11 ONS, TI'IE SAFETY
OR CøMV)::NI~Nct: OF THE TRAVELING PUBLIC OR THE PUlILlé INTEREST RE;(tUIRE
THAT THE EX~AVAT'ON WQRK BE ptRFOR"E. AS EMERQEN~Y W.~K" THE PV8LIC
WORKS DIRECT4R ø~ HIS REPRESENTATIVE SHALL HA~E FULl. POWER TØ QRDER,
AT THE TI~ THE PERMIT IS GRANrED, THAT A CREW Of N£N AN~ ADE;\UATE
FACíLITIE$ BE; ~MPLOYEJ BY THE Þ~RKITTEE 24 H'~RS A JAy TO THE EN~
TtiAT SU,Øti EX~AYATIONWORI< MAY BE C'MPLETE1J AS s.ø. AS IS R'E\IJIREI) BY
THE PVøLIC WøRKS DIR'.ECTOR.
SE~TI ON XXX 111
Et£RGENCYACTION.. IN THE 'EVENT Of ANY EMERQEN~Y IN WHICH A
SEWER, MAUf, .¢'NI)I¡ItT OR UTILITY IN ,'It UNÞER ANY STRnT BREAKS,IURSTS
OR OTHERWISE; IS IN SUCH C.'tOITION AS TO IMMEDIATELY EN'ANGER TH'E
PROPERTY, LIFE" HEAt..TH OR SAFETY ØF ANY INÞIVII1VAL, THE; PERSoN 'OWNING
OR .c.NTR'Ll.ItH~ THE SEWER, fiCA IN, CC>NJHIJ T OR liT I L I TY WI THOUT F I ~ST
APpLYING FOR ANI OBTAINING EXCAVATION PERMIT IiE'REUfltD'f;R SHÅLL '"f'Œ-
1)'ATELY TA~'E PROl'ER DlERQEN~Y MEASURES TICURE Ofit \tE...y TIiE DAMQEROUS
tONDITIONFOR THE PROT£(:TIONOF PROPERTY, LIFE, HEALTH AMD SAFETY OF
INJIV.'UAl.S. HtWEYER, SUCH PERSON OWNINQ OR CONTROLLING SUCH FACILITY
OR VTILITYSHÅLL APPLY fOR AN 'EXCAVAT'ON PERMIT.ØT LATER THAN THE; ENø
OF THE NEXTSU,¢CEEDING DAY DURINQ WHIcH THE PUt!LIC WORKS DIRECTOR'S
OFFICE IS OnN, A~D SHALL NOT PROCEED WITH Tt{£ PERMAMEHT REPAIRS WITH-
OUT FIRST OBTAINING A" EXéAVATION )'ERMIT HEREUN"ER.
-14-
ORDINANCE 161
SECTION XXXIV
NOISE. DUST AND DEBRIS. EACH PERMITTEE SHALL CONDUCT AND
CARRY OUT TH~ EXCAVATlo.N WORK IN SUCH MANNER AS TO. AVOIO UNNECESSARY
INCo.NVENIENCE ANP ANNOYANCE TO. THE GENERAL PUBLIC AND o.CCUPANTS OF
NEIGHBORINfõì PROPERTY. PERMITTEE SHALL TAKE APPROPRIATE MEASURES TO.
REDUCE TO THE FULLEST EXn:NT PRACTICABLE IN THE PERFORMANCE OF THE
EXCAVATION WORK, NOISE, DUST ANP UNSIGHTLY DEBRIS AND DURING THE Ho.URS
o.F 10:00 P.M. ANp 7;00 A.M. SHALL NOT USE EXCEPT WITH THE EXPR~SS
WRITTEN PERMISSION OF THE PUBLIC WORKS DIRECTo.R OR IN CASE OF AN
EfllERGENCY AS HEREIN OTHERWISE F.ROVIDED" ANY To.ot.;, APPLIANCE o.RE~UIPMENT
PRODUCINQNf,)ISE OF SUFFICIENT VOLUfIIE TO DISTURB THE SLEEP OR REPo.SE
o.F o.CCUPANTS o.F THE NEIGHBORING PROPERTY.
SECTION XXXV
EXCAVATIONS BARRED IN NEW STREET IMPROVEMENTS. WHENEVER
THE CITY COUNCIL ENACTS ANY ORDINANCE OR RESOLUTION PROVIDING Fo.R THE
PAVING OR REPAVING OF ANY STREET, PU8L1C WORKS DIRECTOR SHALL PROMPTLY
MA I L A WR I TTEN No.T I CE THEREOF TO. EACH PERSON o.WN I fU~ ANY SEWER, MA IN,
CONDUIT OR OTHER UTilITY IN OR UNDER SAID STREET o.R ANY REAL PRo.PERTY,
WHETHER IMPROVED OR UNIMPROVED, ABUTTING SUCH STREET. SUCH NOTICE SHALL
NOTIFY SUCH PERSONS THAT NO. EXCAVATlo.N PERMITS SHALL BE ISSUED Fo.R
OPENINGS, CUTS OR EXCAVATIONS IN SUCH STREETS fOR A PERIOD o.F FIVE
YEARS AFTER THE PATE o.F ENACTMENT CF SUCH ORDINANCE, RESOLUTION o.R
INSTALLATION OF ANY NEW PAVED SURFACE. SUCH NOTICE SHALL ALSO. No.TIFY
SUCH PERSØNS THAT APPLICATIONS FOR EXCAVATION PERMITS, Fo.R Wo.RK TO. BE
DCNE PRIOR TO. SUCH PAVING CR REPAVING, SHALL BE SUBMITTED PRCMPTLY IN
ORDER THAT THE Wo.RK Co.VEREb BY THE EX-CAVATION PERMIT MAY BE COMPLETED
No.T LATER THAN 45 DAYS FRo.M THE DATE o.F ENACTMENT OF SUCH o.RQINANCE
o.R RESOLUTION. CITY ENGINEERS SHALL Al.SO PROMPTLY MAIL COPIES CF SUCH
NOTICE TO. THE o.CCUPANTS OF ALL HOUSES" BUILDIN~S, AND OTHER STRUCTURES
ABUTTING SAlþ STREET Fo.R THEIR INFORMATION ANI> TO. STATE AGENCIES ANP
MUNICIPALØEPARTMENTS OR OTHER PERSONS THAT MAY DESIRE TO PERFORM
EXCAVATIO:N WORK IN SAID CITY STRfE;ET. WITHIN SAID 45 DAYS EVfE;RY PU8L1C
UTILITY C~MPA"Y RfE;CEIVING NOTICE AS PRESCRIBED HEREIN SHALL PERFORM
SUCH fE;XCA¥ATICN WORK, SUBJECT TO THE PROVISIONS OF THIS ORDINANCE,
THAT "AY Bt NECESSARY TO INSTALL OR REPAIR SEWERS, MAINS, CONDUITS
OR OTHER UTILITY INSTALLATIONS. IN THE EVENT ANY OWN~R OF REAL PROPERTY
ABUTTING SAID STREET SHALL FAIL WITHIN sAID 45 DAYS TO PERFORM SUCH
EXCAVATION WORK AS MAY BE RE~UIRED TO INSTALL OR REPAIR UTILITY SERVICE
l.INES OR SERVICE CONNEcTIONS TO. THE PROPERTY LINES, ANY ANP ALL RIGHTS
OF SUCH OWNER OR HIS SUCCESSORS IN INTEREST TO MAKE OPENINGS, CUTS OR
EXCAVATIONS IN SAID STREET SHALL BE FORFEITED FOR A PERIOD o.F 5 YEARS
FROM THE DATE OF INACT~NT OF SAI ) ORDINANCE è)R RESOLUTION. DURING
SAIQ 5-YEAR PERIOD NO EXCAVATlo.N PERMIT SHALL BE ISSUED TO OPEN, CUT
OR EXCAVATE IN SAID STREET UNLESS IN THE J~ÐGMENT OF THE PUBLIC WORKS
DIRECTOR, AN EMERGENCY AS DESCRI8ED IN THIS ORPINANCE EXISTS WHICH
MAKES IT ABSOLUTELY ESSENTIAL THE EXCAVATION PERMIT 8E ISSUED.
-15-
ORDINANCE 161
EVERY CITY PEPARTMEHT OR OFFICIAl. CHARGEP WITH RESPONSIBILITY
FOR ANY W~RKTHAT HAY NECESSITATE ANY OPEHIHQ, CUT OR EXCAVATION IN
SAID STREET IS DIRECTED TO TAKE APPROPRIATE MEASURES TO PERFORM SUCH
EXCAVATION WORK WITHIN SAID 45-DAY PERIOD SO AS TO AVOID THE NECESSITY
FOR HAt<IHQ A~Y OPENINGS, CUTS OR EXCAVATIONS IN THE NEW PAVEMENT IN
SAIl) CITY STREET DURING SAID 5-YEAR PERIOD.
SECTION XXXVI
INSPECTIONS. THE PUBLIC WORKS DIRE:~TOR OR HIS DESIGNATED
REPRESENTATIVE SHALL MAKE SUCH INSPECTIONS AS ARE: REASONABLY NECESSARY
IN THE ENFORÇ£MENT OF THIS ORDINANCE. THE PU8LIC WORKS DIRECTOR SHALL
HAYE THE FULL AUTHORITY TO PROMVLQATE AND CAUSE TO BE ENFORCEP SUCH
RULES AND REQULATIONS AS MAY BE REASONABLY N.EÇESSARY TO ENFORCE AND
CARRY OUT THE INTENT PF THIS ORDINANCE.
SECT ON XXXV I I
MAINTAIN DRAWINGS. USERS OF SUe-SURFACE STREET SPACE SHALL
MAI~TAIN ACCURATE DRAWINGS, PLANS, ANP PROFILES SHOWING THE LOCATION
AND CHARACTER OF ALL UNOERQROUND STRUCTURES INCLUDING ABANDONED IN-
STALLATIONS. CORRECTED MAPS SHALL "BE FILED WITH THE CITY E)tQINEER
WITHIN 60 DAYS AFTER THE ADOPTION OF THIS OROINANCE AND AFTER NEW
INSTALLATIONS, ØR REPLACEMENTS ARE HAtE.
SECTION XXXV J II
APPLICABILITY. THE PROVISIONS OF THIS ORDINANCE SHALL NOT 8E
APPLlCAIU.E TO ANY EXCAVATION WORK UNDER THE DIRECTION OF THE PUBLIC
WORKS DIRECTOR Of THE CITY OF NORTH RICHLANO HILLS OR BY ANY CONTRACTOR
OF THE CITY PERFORMING WORK FOR AND IN BEHALF OF THE CITY UNDER CONTRACT.
SECTION XXXIX
PUBLIC SERVIÇE COMPANIES. ALL PERSONS OPERATING PUBLIC
UTILITIES IN THE CITY OF NORTH RICHLAND HILLS UNDER rRANCHISES GRANTED
BY THE CITY SHALL BE R£~UIRED TO ApPLY FOR A PE~MIT ANÞ TO PERFORM
THE WORK AND TO BRING IT INTO COMPLETION AS PROMpTLY AS PRACTICABLE
AS PJOVID£Þ fOR IN THE PROVISIONS OF THIS ORDINANCE. ANY P£RSON
OPERATING .ANY SUCH PUBLIC UTILITY SHALL COMPLY WITH ALL R£~UIRE"'EHTS
OF THIS ORDINANCE, INCLUJ,>ING THE SI,IRETY "OND AND DEPOSIT RE~UIREKENTS.
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ORDINANøE 161
SECTION XXXX
INSURANCE. A PER"'TT~E, INCl.UDINQ ALL UT'LITY COMPANIES
GRANTE~ FRANCHISES BY THE CITY PRIOR TO THE COMMENCEMENT OF EXCAVATION
WORt< HEREVNDER SHALL FURNISH THE CITY OF NORTH RICHLAND HIL.LS SATIS-
FACTORY EYI~ENCE IN WRITING THAT THE PERMITTE~ HAS IN FORCE AND WILL
MAINTAIN IN FORCE 'DURING THE PERFOR"ANf;E OF THE EXCAVATlOI'f WORK AND THE
P'ERIOD OF THE EXCAVATION PERMIT PUBLIC l.IABILlTY INStlMNCE OF NOT LESS
THAN $100,000 FOR ANY ONE: PERSON AMP $300,000 FOR ANY ONE ACCIDENT AND
PROPERTY DAMAGE INSURANCE OF NOT L~SS THAN $50,000 OWLY ISSUED BY AN
INSURANC~ COMPANY AVTHORt~ø TO DO BUSINESS W}THIN THE STATE OF TEXAS.
SECTION XXXXI
LIABILITY OF CITY. THIS ORDINANCE SHALL. NOT BE CONSTRijED
AS I"POSING UPON THE CITY OR ANY oFf'IC:IAL OR EMPLOYEE ANY LIABILITY
OR RESP()NSIBILITY FOR ÞAMAUS TØ AMY PERSON INJVR,£ÞBY THE PERFORMANCE
OF ANY EXCAVATION WORK fOR WHICH AN EXCAVATION PERMIT IS ISSUED HEREUNøER;
"OR SHALL TH'E CITY OF NORTH RICHLAN1) HILLS OR ANY AGENT, SERVANT, EMPLOYEE
OR OFF I C I At. THE'fEOF BE O£EMED TO HA 'IE ASSU~n ANY SVCH L I AB' LI TY OR
RE:SPøNSJBILITY BY REASON Or IM,sPECTIONS AUTHORI~D HEREUNDER, THE ISSUANCE
OF ANY P£RMIT OR THE APPROVAL OF ANY EXCAVATION WORt<.
SECTION XXXX II
EFFECTIVE DATE. THIS ÛRDINANf;E SHALL NOT BE PRESENTED fOR
FINAL PASSAG£ UNTIL TEN (10) FULL PAYS HAVE ELAPSED AFTER ITS PUBLICA-
TION AS PROVIDED BY STATUTE.
SECTION XXXX III
SEPARABILITY. SHOULD ANY PART" PORTION, SECTION OR PART OF A
SECT ION OF TH IS Ø"RO I NANCE BE DE~LARI:P '" YAL I., I "OPERA TI V.E, UNÇONSTI TU-
TIONAL OR VOID FOR ANY REASON BY A COURT OF COMPET~HT JURISPICTION,
SUCH ~EClsIQN, OPINION, JUÞGME.NT OR PE-QREJ; SHALL IN NO WAY AFrECT THE
REMAINING PØRTIONS, PARTS, S~TIÓNS, OR PARTS OF SECTIONS OF THIS OR-
DINANCE, WHIÇH PROVISION SHALL BE, RE"AINANJ) ÇONTtNUE TO BE IN FULL
FORCE AN. EFFECT.
SECTION. XXXXIV
PENALTIES. A PERSON VIOLATING ANV PRQVISION OF THis ORÞINANCE
SHALL BE FlrŒD IN ANY SUM NOT~XCEEDING TWO HUNDREDØOLLARS ($200) FOR
EACH OFFENSE, AND EACH DAY THAT SUCH VIOLATION CONTINuES SHALL BE n~EMED
A SEPARATE ANn DISTINCT OFFENSE.
"T'£ 'Sco ~
c.(\M~
Section XXXVIII
APPLICABILITY. The provisions of this ordinance shall not be applicable to
any excavation work under the direction of the director of public works of
the City of North Richland Hills, by any contractor of the City performing
work for and in behalf of the City under contract or any public utility
operating under a franchise and paying street and alley rental.
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