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HomeMy WebLinkAboutOrdinances (O-91-811)-05/07/1991 17 18 19 20 21 22 23 24 25 26 1 iJ~?/ 3-1~~p.f~' 1J'Ji 024: 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. 2 3 ORDINANCE NO: 0-91-811 4 5 6 7 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; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 COLLEYVILLE, TEXAS: 11 Sec. 1: THAT Chapter 4 of the Colleyville Code be amended by adding thereto a Section 18, providing as follows: 12 "Section 18: CONTRACTORS WORKING IN PUBLIC RIGHT-OF-WAY 13 A. Definition: 14 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. 15 16 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. 1 Ilordinance 0-91-811 Page 2 I 2 3 4 (3) The applicant shall also submit to the City a non-refundable $50.00 fee. 5 C. Escrow Deposit: 6 (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. 7 8 9 (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. 10 11 12 (3) The Director of Public Works may waive the requirement of an escrow deposit if the Director of Public Works finds: 13 14 (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 15 16 (b) the applicant has a reputation for completing all work it undertakes in a reasonably prompt manner; and 17 18 (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: 19 20 (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. 21 22 23 (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 24 25 26 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-91-811 Page 3 1 2 3 4 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. 5 6 7 8 9 10 11 E. Insurance: 12 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. 13 14 15 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. 23 24 25 Ordinance 0-91-811 Page 4 1 2 3 G. Revocation of Permit: 4 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. 5 6 7 8 H. provisions Cumulative: 9 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. 10 11 Franchised Public utilities and Their Contractors: I. 12 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. 13 14 15 16 17 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 18 19 20 21 22 26 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. 15 AND IT IS SO ORDERED. 10 11 12 13 14 16 17 18 19 20 21 Ordinance 0-91-811 Page 5 1 2 3 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. 4 5 6 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. 7 8 9 Sec. 2. Sec. 3. The firs~~eadi~~ and public hearing being conducted on the day of ~/~, 1991. . ;2. t, Y dJl~ 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 O~~ lIP/: LaVada Johnso 22 City Secretary 23 24 25 ~.;/9~E.D AS TO.. F..O...RM AND ~T~ Ross T. Foster City Attorney LEGALITY: 26 lvj