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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 -2- 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 -3- 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" -6- 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 -7-