HomeMy WebLinkAboutOrdinances (O-91-811)-05/07/1991
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AN ORDINANCE AMENDING THE COLLEYVILLE CITY CODE BY ADDING THERETO
A PROVISION DEALING WITH CONTRACTORS WORKING IN THE PUBLIC RIGHT-
OF-WAY, ESTABLISHING DEFINITIONS, REQUIRING A PERMIT TO WORK IN THE
PUBLIC RIGHT-OF-WAY, REQUIRING AN ESCROW DEPOSIT, PROVIDING FOR
WAIVER OF AN ESCROW DEPOSIT, PROVIDING FOR THE DISBURSAL OF THE
ESCROW DEPOSIT, ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION.
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ORDINANCE NO: 0-91-811
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WHEREAS, the City Council of the City of colleyville deems it is
in the best interest of the City to establish procedures
and financial requirements for contractors working in the
public right-of-way;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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Sec. 1:
THAT Chapter 4 of the Colleyville Code be amended by
adding thereto a Section 18, providing as follows:
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"Section 18:
CONTRACTORS WORKING IN PUBLIC
RIGHT-OF-WAY
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A.
Definition:
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As used in this Section, the term "Public Right-of-
Way" shall mean any right-of-way, roadway, easement, or
other property which is held or owned by the City for any
public purpose, whether said property was acquired by the
Ci ty by dedication, purchase, adverse possession or
otherwise.
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B.
Permit Required:
(1) No person, other than a contractor for the
City, shall alter, modify, remove, or damage any
improvement or property located in a Public Right-of-Way
without first obtaining a permit for said work from the
City.
(2) Each person desiring to do work in a Public
Right-of-Way shall submit an application for a permit to
the Director of Public Works of the City a form approved
by the Director of Public Works. The applicant shall
submit such additional information as shall be deemed
necessary by the Director of Public Works prior to the
issuance of the permit.
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Ilordinance 0-91-811
Page 2
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(3) The applicant shall also submit to the City a
non-refundable $50.00 fee.
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C.
Escrow Deposit:
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(1) Prior to the issuance of a permit upon request
by the Director of Public Works, the applicant shall
deposit with the city, in cash, a sum equal to 20% of the
value or cost, whichever is greater, of the work to be
performed in the Public-of-Way. The Director of Public
Works, in his sole discretion, shall determine the
adequacy of the Director of Public Works shall be final.
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(2) The City shall maintain said deposit in an
account created for the purpose of holding deposits for
persons working the Public Right-of-Way and shall
segregate said funds from other City funds. The City
shall disburse the funds deposited by the applicant in
accordance with the terms of this section.
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(3) The Director of Public Works may waive the
requirement of an escrow deposit if the Director of
Public Works finds:
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(a) that the applicant is of sound financial
condition and is capable of responding in damages in the
event the proposed work within the Public Right-of-Way is
not completed; and
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(b) the applicant has a reputation for
completing all work it undertakes in a reasonably prompt
manner; and
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(c) the applicant has committed sufficient
resources for the completion of the work in the Public
Right-of-Way in a reasonably prompt manner.
D. Disbursal of Escrowed Funds:
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(1) Upon completion of the work in the Public
Right-of-Way and acceptance of said work by the City, the
escrow deposit shall be returned to the permittee,
without interest.
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(2) In the event the permittee fails to complete
the work within the Public Right-of-Way in a reasonably
prompt manner, the Director of Public Works may notify
the permittee of this failure, in writing, by depositing
in the mail, certified, return receipt requested, a
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Ordinance 0-91-811
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written notice addressed to the permittee at the address
given upon permittee's application of a permit. In the
event the permittee fails to undertake to complete the
work within the Public Right-of-Way in a reasonably
prompt manner within 1'0 days of depositing said written
notice in the mail, then the city may complete said work,
either by performing the work itself or contracting for
said work to be completed, and the cost of the completion
of said work shall be deducted from the escrow deposit
prior to returning said deposit to the permittee. As
used herein, the term "reasonably prompt manner" means
the completion of the work in a diligent manner having
due regard for the type and nature of the work, the
effect of the non-performance of the work upon the
public, and the resources the permittee has available.
The determination as to a reasonably prompt manner by the
Director of Public Works shall be final.
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E. Insurance:
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Prior to the issuance of a permit, the applicant
shall provide proof to the Director of Public Works that
the applicant maintains public liability, bodily injury
and property damage insurance in amounts of not less than
$300,000.00 per incident, $100,000.00 per person and
$100,000.00 for property damage and vehicle liability
insurance in an amount of not less than $300,000.00 per
incident, $100,000.00 per person and $100,000.00 for
property damage which will provide insurance coverage to
the applicant during the time period the applicant is
working in the public right-of-way.
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F. warning Devices:
Prior to the issuance of a permit, the applicant
shall submit to the Director of Public Works a proposed
plan for the establishment of barricades, flashing lights
and other warning devices to warn the public of the
dangers associated with the contractor I s work in the
public right-of-way, including the existence of trenches
or di tches, existence of machinery or men working,
storage of materials and equipment and unstable or
dangerous terrain.
All barricades, signs, lights, warnings and traffic
control procedures shall be utilized in accordance with
the requirements of the Texas Manual on Uniform Traffic
Control Devices.
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Ordinance 0-91-811
Page 4
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G. Revocation of Permit:
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If the Director of Public Works determines that the
applicant is not maintaining insurance in accordance with
the provisions of this section or is not complying with
his warning device plan or has otherwise violated any
Ordinances of the City or provisions of state law, the
Public Works Director may revoke the applicant's permit
to work in the public right-of-way.
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H. provisions Cumulative:
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The provisions of this section and the permi t
required hereby are cumulative in nature and not in lieu
of or in substitution for any other permit, provision,
condition or limitation of the Colleyville Code.
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Franchised Public utilities and Their Contractors:
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Prior to commencing any excavating work within a
public right-of-way, public utilities and their
contractors will be required to first obtain a permit in
accordance with the provisions of this ordinance.
However, Public utilities and their contractors which
operate within the City of Colleyville pursuant to a
franchise granted by the City of Colleyville shall be
exempted from the permitting fee, escrow deposits,
bonding, inspection, insurance and penalty requirements
of this ordinance.
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The surfaces of any street, alley, highway" public
way or public place, disturbed by the franchised utility
in building, constructing, renewing or maintaining its
plant and system shall be restored within a reasonable
time after the completion of the work to as good a
condition as before the commencement of work to the
reasonable satisfaction of the City. The franchised
utility shall be responsible for all repairs and
maintenance costs incurred as a result of any defects,
impairments or other substandard condition in the street,
alley, highway, public way or public place caused by the
construction, maintenance or restoration work of the
franchised utility. No street, alley, highway, utility
or public way or public place shall be encumbered for a
longer period than shall be reasonably necessary to
execute the work. The franchised utility shall install
traffic control devices
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Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon final conviction thereof shall be
fined in a sum not to exceed Two Hundred Dollars
($200.00). Each day such violation continues or is
allowed to exist shall constitute a separate offense and
shall be punishable hereunder.
THAT the city Secretary is hereby authorized to cause
publication of the descriptive caption and penalty
clauses of this ordinance as an alternative method
provided by law.
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Ordinance 0-91-811
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in accordance with lawful City or state standards, when
such activity requires the full or partial closure of any
vehicular travel way. Barricades, signs, lights,
warnings and traffic control procedures shall be utilized
in accordance with the requirements of the Texas Manual
on Uniform Traffic Control Devices. The requirements of
Article 1015q. V.A.T.S. (now V.T.C.A. Health & Safety
Code, section 756.021), shall be met, if applicable.
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If emergency repairs become necessary for the restoration
of utility service or other repairs become necessary to
correct a situation hazardous to the public safety by a
public utility, its contractors, or subcontractors, a
permit shall be applied for during the next business day
following such emergency repair.
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Sec. 2.
Sec. 3.
The firs~~eadi~~ and public hearing being conducted on the
day of ~/~, 1991. .
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The
day
The
day
seco?1~~~~~ng and public hearing being conducted on the
of ~' 1991.
thir re~d' g and pu~~'.c e ing being conducted on the
of , 1991. - f)
.' lOA..d- 'f,' h ? I
/~ U CITY OF COLLEYVILLE
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LaVada Johnso
22 City Secretary
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~.;/9~E.D AS TO.. F..O...RM AND
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Ross T. Foster
City Attorney
LEGALITY:
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