1984-082NO A-//-NT
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR RIGHT OF
WAY WORK PERMITS, PROVIDING FOR A MAXIMUM PENALTY OF $200 FOR
VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE,
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That Article III of Chapter 21 of the Code of Ordinances of
the City of Denton is hereby amended to hereafter read as
tollows
ARTICLE III RIGHT OF WAY CONSTRUCTION
Section 21-41 Permits Required
It shall be unlawful for any person to dig up, break, and
excavate, tunnel, undermine or in any manner break up any public
street, sidewalk, driveway or other public property or to make
or cause to be made any excavation in or under the surface of
any public right of way for any purpose or to place, deposit or
leave upon any public right of way any earth or other excavated
material obstructing or tending to interfere with the free use
of the public right of way unless such person shall first have
obtained a right of way work permit therefor from the city as
herein provided, except as provided in Section 21-46(d), below,
for emergencies
Section 21-42 Application for Permit
No right of way work permit shall be issued unless a written
application for the issuance of a permit is submitted to the
city The written application shall state the name and address
of the applicant, the nature, location and purpose of the work,
the date of commencement and the date of completion of the work,
and other data as may reasonably be required by the city The
application shall be accompanied by plans showing the extent and
PAGE 1
dimensions of the proposed work, the location of the work, and
such other information as may be prescribed by the city The
city engineer shall approve the application and plan or make
such changes as necessary to serve the best interest of the
city, and the issuance of a permit shall be conditioned upon
performance of the work as shown on the approved application and
plan
Section 21-43 Excavation Placard
The City shall provide each permittee at the time a permit
is issued hereunder a suitable placard plainly written or
printed in English letters at least one inch high with the
following notice "City of Denton Permit No Expires
" and in the first blank space there shall be inserted
the number of said permit and after word "expires" shall be
stated the date when said permit expires The placard shall
also contain the name, address and telephone number of the
person performing the work It shall be the duty of any
permittee hereunder to keep the placard posted in a conspicuous
place at the site of the work It shall be unlawful for any
person to exhibit such placard at or about any work not covered
by such permit or to misrepresent the number of the permit or
the date of expiration of the permit
Section 21-44 Surety Bond
Before a right of way work permit as herein provided is
issued, the applicant shall deposit with the city a surety bond
in the amount of one thousand dollars ($1,000 00) payable to the
city This bond provision shall not apply to contractors doing
work on public projects or to public utilities The required
surety bond must be
(a) With good and sufficient sureties,
(b) By a surety company authorized to transact business in
the state,
(c) Satisfactory to the city attorney in form and substance,
PAGE 2
(d) Conditioned upon the permittee's compliance with this
article and to secure and hold the city and its officers harmless
against any and all claims, judgments, or other costs arising
from the work covered by the permit or for which the city, the
city council or any city officer may be made liable by reason of
any accident or injury to persons or property through the fault
of the permittee either in not properly guarding the work or for
any other injury resulting from the negligence of the permittee,
and further conditioned to fill up, restore and place in good
and safe condition as near as may be to its original condition,
and to the satisfaction of the city, all openings and
excavations made in the right of way, and to maintain any right
of way where excavation is made in as good condition for the
period of twelve months after said work shall have been done,
usual wear and tear excepted, as it was in before said work
shall have been done Any settlement of the surface within said
one year period shall be deemed conclusive evidence of defective
back-filling by the permittee Nothing herein contained shall
be construed to require the permittee to maintain any repairs to
pavement made by the city if such repairs should prove detective
Recovery on such bond for any injury or accident shall not
exhaust the bond but it shall in its entirety cover any or all
future accidents or injuries during the excavation work for
which it is given In the event of any suit or claim against
the city by reason of the negligence or default of the permi.ttee,
upon the city's giving written notice to the permittee of such
suit or claim, any final judgment against the city requiring it
to pay for such damage shall be conclusive upon the permittee
and his surety An annual bond may be given under this
provision which shall remain in force for one year conditioned
as above, in the amount specified above and in other respects as
specified above but applicable as to all work in right of way by
the principal in such bond during the term of one year from said
PAGE 3
date Said bond may not be cancelled without written notice to
the city at least thirty (30) days in advance thereof
Section 21-45 Method and Specifications for Repair
(a) All back-filling materials shall be free from lumps,
large rocks, boulders, or other foreign material and debris if
not located in or under a street Any back-filling material in
or under a street shall be approved sand, rock or cement
stabilized sand (2 sack mix)
(b) All excavation, alteration, back-fill, and repairs shall
be made in conformance with the city's paving, drainage, water
and sewer specifications on file in the offices of the City of
Denton, unless in exceptional circumstances, when in the judg-
ment of the city, modifications will be necessary to insure and
protect the best interest of the city
(c) If reasonable doubt exists as to the compacted density
of any back-fill, the city may require density tests to be run
at a reputable testing laboratory If the material tested fails
to meet compaction requirements (958 Modified Proctor) the
expense of the testing shall be borne by the contractor
performing the work and he shall take immediate action to
correct all deficiencies, or, if the questionable area, after
testing, is shown to meet compaction requirements, the cost of
the test shall be borne by the city
Section 21-46 Miscellaneous Provision
(a) All unnecessary equipment, spoil material or other
debris shall be kept off the traveled section of the roadway and
every effort shall be made to facilitate the normal flow of
traffic
(b) When, in the judgment of the city, it is impractical to
excavate within a street, all pipelines, conduit, or other
crossings shall be bored, tunneled or drilled, under the paved
section, and where the city deems it necessary, such crossings
shall be encased in a manner approved by the city
PAGE 4
(c) All safety requirements and provisions for barricades,
traffic cones, lights, flares, signs, flagmen, etc , shall be in
accordance with the Manual for Uniform Traffic Control devices
of the State Department of Highways and Public Transportation
(d) For emergency repairs to any existing facility at night
or on weekends and holidays, the permit shall be applied for
during the next business day following such emergency repair
Unless mayor alteration is necessitated by the repairs, no plan
will be required with the permit application
(e) Any type of ditching equipment used on city streets
shall be equipped with "street pads" All damage done to
existing improvements during the progress of the excavation work
shall be repaired by the permittee Materials for such repair
shall conform with the requirements of any applicable
specifications, code or ordinance if upon being ordered the
permittee fails to furnish the necessary labor and materials for
such repairs, the city shall have the authority to cause the
said necessary labor and material to be furnished by the city
and the cost shall be charged against the permittee, and the
permittee shall also be liable on his or its bond therefor
(f) The city engineering division shall cause to be made
such inspections as are necessary to ensure compliance with the
provisions of this chapter All persons doing work pursuant to
a permit under this Chapter shall be charged $16 00 per hour for
all necessary inspections to insure compliance with the
provisions of this Chapter
If any person or contractor doing work pursuant to a work
permit issued under this Chapter, or a person or contractor
doing any work in regard to the construction or installation of
any street, sidewalk, sanitary or storm sewer line or main,
drainage facilities or other improvements or utilities or public
works contracts or within subdivisions or developments, where
such improvements or utilities are to be approved and dedicated
PAGE 5
for public use, shall request and receive required inspections by
city personnel for such work outside of normal business hours
(8 00 a m to 5 00 p m weekdays and non-holidays) such person or
contractor shall be charged and pay sixteen dollars ($16 00) per
hour (minimum of two (2) hours) for overtime inspection
(g) As the work progresses all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work All clean up operations at
the location of such work shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the
city From time to time as may be ordered by the city and in any
event immediately after completion of said work, the permittee
shall at his or its own expense clean up and remove all refuse and
unused materials to any kind resulting from said work and upon
failure to do so within twenty-four (24) hours after having been
notified to do so by the city, said work may be done by the city
and the cost thereof charged to the permittee, and the permittee
shall also be liable for the cost thereof under the surety bond
provided hereunder
Section 21-47 City's Right to Restore Surface
If the permittee shall have failed to restore the surface of
the public right of way to its original and proper condition upon
the expiration of the time fixed by such permit or shall otherwise
have failed to complete the work covered by such permit, the city,
if it deems it advisable, shall have the right to do all work and
things necessary to restore the right of way and to complete the
excavation work The permittee shall be liable for the actual
cost thereof and twenty-five percent (258) of such cost in
addition for general overhead and administrative expenses The
city shall have a cause of action for all fees, expenses and
amounts paid out and due it for such work and shall enforce its
rights under the permittee's surety bond provided pursuant to this
article
PAGE 6
section 21-48 Insurance
A permittee, prior to the commencement of right of way work
hereunder, shall furnish the city satisfactory evidence in
writing that the permittee has in force and will maintain in
force during the performance of the work and the period of the
permit public liability insurance of not less than one hundred
thousand dollars ($100,000 00) for any one person and three
hundred thousand dollars ($300,000 00) for any one accident and
property damage insurance of not less than fifty thousand
dollars ($50,000 00) duly issued by an insurance company
authorized to do business in this state
Section 21-49 Liability of City
This article shall not be construed as imposing upon the
city or any official or employee any liability or responsibility
for damages to any person injured by the performance of any work
for which a right of way work permit is issued hereunder, nor
shall the city or any official or employee thereof be deemed to
have assumed any such liability or responsibility by reason of
inspections authorized hereunder, the issuance of any permit or
the approval of any excavation work
SECTION II
Any person who shall violate a provision of this ordinance,
or fails to comply therewith or with any of the requirements
thereof, or of a permit or certificate issued thereunder, shall
be guilty of a misdemeanor punishable by a fine not exceeding
Two Hundred Dollars ($200 00) Each such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above
SECTION III
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
PAGE 7
to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity
SECTION IV
All ordinances or parts of ordinances in force when the
provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict
SECTION V
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage
PASSED AND APPROVED this the Z4"~day of 1984
ATTEST
CHARLOTTE ALLEN, CITY SECREAIRKY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
PAGE 8
, TEXAS
IN THE MATTER OF
City of D~nton
Roy Appleton, Jr
11 E bTA CE OTEXAS
County Denton
of tht, Denton Record-Chronicle, enewspaper
period
larl ublished fora
of nsworn, says he is the General Manager tinuous, oly and re ing gu
being duly sworn, the date of the attached notice, and
of general circulation which hasbeD~nton Texas preced
less than one year ►n the County of
the said notice was published ►n said paper on the following dates
ht of Way Permits
No 84.82 Provisions for,Rig
$16 80 July 15, 16 1984
21 Lines
Subscribed and sworn to be fot
Witness my hand and official
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I THE MATTER OF
City of Denton III E STA rL OF TEXAS
(ounty of Denton
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Roy Appleton, Jr
being duly sworn, says he is the General Manager of tht Denton Record Chronicle, a newspaper
of general circulation which has been continuously and regularly published for a period of not
less than one year in the County of Dimon, Texas, preceding the date of the attached notice, and
that the said notice was published in said pap(r on the following dates
No 84-82 Provisions for Right of Way Permits
Witness my hand and official seal •
Notary Public, Denton County, Texas
Subscribed and sworn to before me this J__1 - day ,19
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