1972-055 No
AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY
AMENDING AN EXISTING ARTICLE TO REGULATE THE REMOVAL AND REPLACE-
MENT OF CURBS AND GUTTERS AND BY PROVIDING A NEW ARTICLE REQUIR-
ING A PERMIT FOR ANY STREET EXCAVATION OR ALTERATION, PROVIDINC
A PROCEDURE FOR SAME, REQUIRING A BOND, ESTABLISHING THE METHOD
AND SPECIFICATIONS FOR SUCH REPAIRS; ESTABLISHING MISCELLANEOUS
PROVISIONS, PROVIDING A PENALTY FOR VIOLATIONS, AND DECLARING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
PART ONE
That Chapter 21 of the Code of Ordinances is hereby amended
by adding to Article II, Section 21-25 a new subsectIon (c) and by
adding a new Section 21-27 to sa~d Article and Chapter of sa~d Code
which shall hereafter read as follows
"ARTICLE II - CONSTRUCTION OR REPAIR OF SIDEWALKS, CURBS AND GUTTERS
DIVISION 1 GENERALLY
SECTION 21-25 Bond Required
(c) Any owner of real estate repairing or engaging another
to repair his own sidewalk shall not be required to give such bond
SECTION 21-27 Removal and Replacement of Curbs and Gutters
(a) All curbs and gutters to be replaced shall be removed
to the next expansion joint on both s~des of the area, or with the
approval of the C~ty the curb and gutter may be sawed
w~th a concrete saw to produce a smooth joint
(b) All curbs and gutters shall be replaced within twenty-four
(24) hours of removal unless an extension ~s granted by the City
(c) Where curbs and gutters are removed for driveways, con-
structlon work, or other purposes, the complete curb and gutter shall
be removed Any asphalt removed shall be replaced after the curb and
gutter has been replaced The profile of the flowllne of the gutter
section shall be maintained throughout so that exlst~n~ dralnaqe is
pART, TWO unobstructed"
That Chapter 21 of the Code of Ordinances is hereby amended by
adding a new Article III, Sections 21-41 through 21-49, to said
Chapter, which Code shall hereafter read as follows
'~RTICLE III - STREET EXCAVATION OR ALTERATION
SECTION 21-41 Permits Required
It shall be unlawful for any person to dig up, break, and ex-
cavate, tunnel, undermine or in any manner break up any street or
to make or ~a~se to be made any excavation ~n or under the surface
of any street for any purpose or to place, deposit or leave upon
any stre,et any earth or other excavated mater~al obstructing or
tending to interfere wlth the free use of the street, unless such
person shall first have obtalned an excavation permit therefor from
the City as herein provided, except as provided in Section 21-46
(d), below, for emergencies The fee for such excavation permit
shall be Two ($2 00) Dollars
SECTION 21-42 Appllcatlon
No excavation permit shall be issued unless a written appli-
cation for the issuance of a excavation permit ~s submitted to the
City The written application shall state the name and address of
the applicant, the nature, location and purpose of the excavation,
the date of commencement and the date of completion of the excava-
tion, and other data as may reasonably be required by the C~t¥
The application shall be accompanied by plans showing the extent
and d~mens~ons of the proposed excavation work, the location of the
excavation work, and s~ch other ~nformatlon as may be prescribed by
the City The C~ty shall approve the application and plan or make
such changes as necessary to serve the best ~nterest 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 perm~ttee at the time a permit is
issued hereunder a suitable placard Dlalnlv written or printed in
English letters at lea~t one ~nch high with the followlnq notice
"City of Denton Permit No Expires "and in
the f~rst blank space there shall be ~nserted the number of said per-
mit and after word "expires" shall be stated the date when said per
mit expires It shall be the duty of any permlttee hereunder to keep
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the placard posted in a conspicuous place at the site of the excava-
tion work It shall be unlawful for any person to ~xh~blt ~uch pla-
card at or about any excavation not covered by such ~erm~t, or to
misrepresent the number of the permit or the date of expiration of
the permit
SECTION 21-44 ~urety Bond
Bef,ore an excavation permit as herein Drovlded is issued, the
applicant shall deposit with the City a surety bond in the amount
of One Thousand ($1,000 00) Dollars payable to the C~ty The re-
quired 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,
(d) Conditioned upon the permlttee's compliance w~th this
Ordinance and to secure and hold the City and ~ts officers harmless
against any and all claims, judgments, or other costs arls3ng from
the excavation and other work covered by the excavation permit or
for which the City, the City Council or any city officer may be made
l~able by reason of any accident or injury to persons or proDertv
through the fault of the permlttee e~ther ~n not properly guarding
the excavation or for any other ~n~ury resulting from the negligence
of the perm~ttee, and further conditioned to f%ll uD, restore and
place in good and safe condition as near as may be to ~ts original
condltlon, and to the satisfaction of the City, all openings and ex-
cavations made in streets, and to maintain any street where excava-
tion · s made in as good condItion for the per~od 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 per~od shall be deemed conclus-
ave evidence of defective back-filling by the Dermittee Nothlnq
here~n contained shall be construed to recu~re the permlttee to ma3n-
taln any repairs to pavement made by the City ~f such repairs should
prove defective Recovery on such bond for any ln3urv or accident
shall not exhaust the bond but it shall ~n ~ts entirety cover any or
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all future accadents or an]urles during the excavation work for
whach it is given In the event of any suit or claim against
the City by reason of the negligence or default of the permlttee,
upon the City's gavang written notice to the permlttee of such
suat or claam, any fanal judgment agaanst the Cltv requiring it
to pay for such damage shall be conclusive upon the permlttee and
his surety An annual bond may be gaven under thls provision which
shall remaan in force for one year conditioned as above, in the
amount speoafaed above and an other respects as specified above but
applicable as to all exoavataon work an streets by the principal an
such bond during the term of one year from sa~d date Said bond may
not be cancelled wathout wratten not~ce to the City at least thlrtv
(30) days in advance thereof
SECTION 21-45 Method and Speclflcat3ons for PeDalr
(a) All back-flllang materials shall be free from lumDs, large
rocks, boulders, or other foreign material and debris
(b) All excavation, alteration, back-f~ll, and repa~r~ shall
be made an conformance wath the standard drawings and material re-
quarements on file in the offlces of the Cltv of Denton, unless in
exceptional circumstances, when in the judgment of the City, modi-
fications wall be necessary to ansure 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 densltV tests to be run at a
reputable testing laboratory If the material te~ted falls to meet
compactaon requirements (95% Modified Proctor) the expense of the
testing shall be borne by the contractor performing the work and he
shall take immediate actaon to correct all deficiencies, or, if the
questionable area, after testing, is shown to meet compaction re-
quirements, the cost of the test shall be borne by the City
SECTION 21-46 Miscellaneous Prov%slons
(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 facalltate the normal flow of traffic
(b) When, an the judgment of the City, it is ~mpractlcal to
excavate wlthan a street, all pipelines, condu~t, or other crossings
shall be bored, tunneled or drilled, under the paved section, and
where the City deems it necessary, such crossings shall be en-
cased in a manner approved by the City
(c) All safety requirements and provlslons for barricades,
traffic cones, lights, flares, signs and flagmen shall be in accor-
dance with the written policies of the City
(d) For emergency repairs to any exlstln~ facll~tv at n~ght
or on weekends and holidays, the permit shall be applied for dur-
ing the next business day following such emergency repair Unless
major alteratlon ~s necessitated by the repairs, no plan will be
required with the permit application
(e) Any type of ditching e~ulpment used on City ~treets shall
be equipped with "Street Pads" Ail damage done to existing improve-
ments during the progress of the excavation work shall be repaired
by the permlttee Materials for such repair shall conform with the
requirements of any applicable Code or Ordinance If upon being
ordered the permlttee falls to furnish the necessary labor and ma-
terials for such repairs, the C~tv shall have the authority to cause
the sa~d necessary labor and material to be furnished by the C~tv
and the cost shall be charged against the permlttee, and the Der-
mlttee shall also be liable on his or its bond therefor
(f) The Street Department shall cause to be made such inspec-
tions as are necessary to insure compliance w~th the provisions of
th~s Article
(g) As the excavation work progresses all streets and prlvate
properties shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from such work All clean up ope-
rations at the location of such excavation shall be accomplished at
the expense of the perm~ttee and shall be completed to the satis-
faction of the C~ty From time to time as may be ordered by the
C~ty and in any event ~mmed~ately after completion of said work, the
perm~ttee shall at his or ~ts own expense clean up and remove all
refuse and unused materials of any k~nd resultln~ from said work and
upon failure to do so wlthln twenty-four (24) hours after having been
not~fled to do so by the City, said work may be done bv the C~tv and
the cost thereof charged to the permlttee, and the permlttee 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 permlttee shall have fa~led to re~tore the surface of
the street to its original and proper condition upon the expiration
of the time fixed by such permit or shall otherwise have fa~led to
complete the excavation 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 street and to complete the exca-
vation work The permlttee shall be liable for the actual cost there-
of and twenty-five (25%) percent of such cost in addition for qeneral
overhead and administrative expenses The City shall have a cause of
action for all fees, expenses and amounts pa~d out and due it for
such work and shall enforce its rights under the permlttee's suretv
bond provided pursuant to thlq Ordinance
SECTION 21-48 Insurance
A permlttee, prior to the commencement of excavation work here-
under, shall furnlsh the City satisfactory evidence in writing that
the permlttee has in force and will maintain in force during the per-
formance of the excavation work and the period of the excavation Der-
mit public liability insurance of not less than $100,000 for any one
person and $300~000 for any one accident and property damage insur-
ance of not less than $50,000 duly Issued bv an insurance company
authorized to do business in this State
SECTION 21-49 Liability of City
Th~s Ordinance shall not be construed as ~mposlnq upon the City
or any official or employee any liability or responsibility for dam-
ages to any person injured by the performance of any excavation work
for which an excavation 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 ~nsDectlons auth-
orized hereunder, the ~ssuance of anv permit or the approval of any
excavation work"
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PART THREE
That mf any sectmon, suhsectmon, paragraph, sentence, clau~e,
phrase or word mn thms ordinance, or appl~oatmon thereof to any
person or circumstances ms held mnvalmd hy any court of competent
]urmsdmctmon, such holdmng shall not affect the valmdmt¥ of the
remamnmng portions of thms ordmnance, and the Cmty Councml of the
Cmty of Denton, Texas, hereby declares at would have enacted such
remamnmng portmons despmte any such mnval~dmt¥
PART FOUR
That all ordmnances or Darts of ordmnances mn force when the
provmsmons of thms ordmnance become effectmve whmch are mnconst~-
tent or in conflmct wmth the terms or provisions oontamned mn thms
ordmnanoe are hereby repealed to the extent of any such conflmct
PART FIVE
That thms ordinance shall become effective fourteen (14) days
from the date of its passage, the C~ty ~ecretary ms hereby directed
to cause the captmon of th~s ordmnance to be publmshed twice mn the
Denton Record-Chronmcle wlthmn ten (10) days of the date of ~ts
passage
PASSED AND APPROVED thls the 5th day of December, A D 1972
~ILL NEU, MAYOR
CITY OF DENTON, TEXAS
ATTEST
~(~S HOLT, CIT~ SECRETARY
CITY OF DENTON, TEXAS
APPROVED~A~)TO LEC~L FORM
CITY OF DENTON, TEXAS
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