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HomeMy WebLinkAboutOrdinance 0102 p-- ORDINANCE NO. / ¿; ~ AN ORDINANCE REQUIRING THAT PERSONS OTHER THAN UTILITY COMPANIES BE BONDED IN THE AMOUNT OF ONE I THOUSAND DOLLARS ($1.,000.00) IN ORDER TO TAKE OUT A PERMIT TO CUT STREETS; REQUIRING PERMIT SPECIFYING METHOD OF REPAIRING CUTS IN STREET; REQUIRJNG MAINTENANCE; REQUIRING UTILITY COMPANIES TO HAUL OFF EXCESS MATERIALS; AND REQUIRING BOND OF UTILITY COMPANIES; PROVIDING FOR A CONFLIC T; PROVIDING FOR AN EMERGENCY, AND - PROVIDING FOR A FINE OF NOT LESS THAN TEN DOLLARS ($10.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) FÇ>R VIOLATION HEREOF. SECTION I It shall be unlawful for any person~ firm or corporation to tunnel under or to make any excavaetion in any street. alley, or other public place in the City without having obtained a permit as is required herein. or without complying with the provisions of this article or in vio.lation of or in variance from the terms of any such permit. SECTION II '1' (A) Applications for such permits shall be made to '!he Clerk~ and shall describe the location of the,.int.~.nded excava~tion or " ,. JI.~. -1tf< tunnel, the size tllereof. pu.rpose the'refór;' and the person, firm ..-----~..,-~ -" ...._~.... or corporatioll doing thê actual excavating work and the name of "'~ the person, firm...or corp(\t"~t.i('mfo.r whom or whi~h. the work is ~ ,. ~ being done and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. t (B) No excavation or tunnel shall be begun without the person, firm, or corporation about to perform said work having first obtained a permit. (C) The foregoing provision shall not apply to utility companies between the hours of 5 p. m. to 8 a. m. Should it be necessary for a utility company to make an emergency excavation or tunnel between the aforementioned hours, then said utility company shall be required to take out a permit during normal business hours the first day after the said emergency excavation was made even though the excavation might be completed. SEC TION III No such permit shall be issued unless and until the applicant therefor has filed with the Clerk a bond in the sum of $l, 000.00 conditioned to indemnify the City for any loss, liability or damage that may result or acCi!ue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavation. Such bond shall have as a surety a corporation licensed to do business in the State of Texas as a surety company. SECTION IV It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations the excavation shall not have anywhere below the surface any portion which extends beyond the opeing at the surface. No injury shall be done to any pipest cables or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the city department of officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof. SEC TION V If any sidewalk is blocked by any such workt a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. SECTION VI Any utility company making any excavation or tunnel-in or under any public streett alley or other public place in the city shall restore the surface to its original condition if there is not pavement there. Refills shall be properly tamped down, and any bracing in such túnnelor excavation shall be left in the ground. Any opening in a paved or improved plDrtion of a street shall be repaired and the surface relaid by the utility company, in compliance with the ordinances of the city and under the supervision of the commissioner of streets and public improvements. The foregoing provision concerning restoration of the surface shall only apply to utility companies. All other persons shall be req,uired to pay to the City of North Richland Hills the following amounts: (a) Excavation in asphalt or cement concrete pavement or surface. . . . . . . . . . . . . . . . .. . . . . . . . . . . .. $2.00 per sq. ft. (b) Excavation in gravel pavement or surface.. $1. 25 per sq. ft. (c) Excavation in untreated or unimproved street or surface................................ $ .'!ff'per sq. ft., said fees being payable to the street department for thepurpose of paying the street department to make the repairs in the excavation made by persons other ihan utility companies. Upon completion of an excavation, persons other than utility compani,es must flare and baracade excavation sufficiently to make it safe until the city street department can make repairs. SECTION VII All utility companies shall be required to remove and dispose of all materials taken from street cut and replace with good grade of gravel or sand from bottom of cut to four inches (4") from top. Said material being properly tamped. The top four inches shall be a good grade of asphalt with proper tamp or sufficient roll. The asphalt to be applied ât the time of back- fill and $hall be maintained at street level in case of settlement of backfill. SEC TION VIII <1 The superintendent of streets and public improvements shall, from time to time, inspect or cause to be inspected, all excavations or tunnels being made in or under any public street, alley or other public place in the city to see to the enforcement of the provisions of this article. Notice shall be given to him at least two hours before the work of refilling any such tunnel or excavation con:ønences. SECTION XI All ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. SECTION X Any person, firm, or corporation violating or failing to comply with any -provision of this ordinance shall be fined not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a vi-olation occurs or continues. Many street excavations are being made daily in the City of North Richland Hills, and existing ordinances are inadequate to protect the City, as well as the citizens thereof. creating an emergency in the preservation of public peace, health, safety and general welfare. and conditions require that this ordinance take effect immediately from and after its passage. PASSED AND APPROVED by the stty COU~Cil. O. £ the City of North Richland Hills this the //" day of P1f/¿'i:!ß~~' 19.Æ::L... APPROVED: A TTE8T: / . J, "" ~' "', . . / " ' ," . ~~~</. .~ ecretary tI" (J.(Idµ)~ ftu411. ~YOR (j"\ '.