HomeMy WebLinkAboutOrdinances (O-86-629)-10/15/1986
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ORDINANCE NO. 0-86-629
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ORDINANCE AMENDING SECTION 4 OF CHAPTER II OF THE COLLEYVILLE
CODE BY INCREASING THE AMOUNT OF SURETY BOND REQUIRED FOR STREET
CUTS AND REQUIRING SAID BOND TO EXTEND TO ANY REQUIRED
MAINTENANCE; MODIFYING THE AMOUNT OF CASH DEPOSIT IN LIEU OF BOND
WHICH MUST BE DEPOSITED FOR A STREET CUT; REQUIRING ALL STREET
ICUTS TO BE MAINTAINED FOR A PERIOD OF SIX MONTHS; PROVIDING THAT
CASH DEPOSITS IN LIEU OF BOND SHALL BE RETURNED AT THE EXPIRATION
OF MAINTENANCE PERIODS;
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WHEREAS,
the cost of repairing and maintaining of streets
after a street cuts has increased and constitutes a
substantial burden upon the city;
the council deems the cost of repairing and maintaining
street cuts should be born by the person allowed to
cut that street; NOW, THEREFORE,
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WHEREAS,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
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TEXAS:
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THAT part B (1) and (2) of Section 4 Chapter II of the
Colleyville Code be amended to read as follows:
"(I) Amount: Conditions
Before said permit is granted by the city secretary,
the party applying therefore shall file with the city
secretary a surety bond in the sum of $2500.00 with
good and sufficient surety, to be approved by the city
secretary and the city attorney, conditioned that the
said permittee will restore all streets, alleys, or
sidewalks opened by said permittee to the same
condition that existed previous to such opening,
under the specifications hereinafter provided,
including any applicable period of maintenance, and
will save, indemnify and keep harmless the City of
Colleyville against all liabilities, judgments, costs,
and expenses which in any way may accrue against the
City in consequence of granting said permit.
(2) Cash Deposit in Lieu of Bond
If said permittee does not desire to file such bond
with the City, such application made for the cutting of
the streets shall be accompanied by a deposit in cash
made to the city secretry in the sum double the
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Sec. 3:
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estimated cost as determined by the city of backfilling
and restoring of the street, alley, or sidewalk opened,
as a guarantee that holder of said permit
will restore said street, alley, or sidewalk to its
same condition that existed previous to its opening and
under the specifications herein provided.
That the last sentence of part C(2) of Section 4
Chapter II of the Colleyville Code be amended to read
as follows:
"Party holding said permit agrees to maintain said
repaired cut for a period of six months from the date
of the expiration of the permit."
That parts C(3), (4), and (5) of Section 4 of
Chapter II of the Colleyville Code be amended by adding
to each identified section a provision providing as
follows:
"Party holding said permit agrees to maintain said
repaired cut for a period of six months from the date
of the expiration of the permit."
That part C (8) of Section of 4 of Chapter II of
the Colleyville Code be amended to read as follows:
"(A) When Opening is Not Restored
If such opening or excavation is not refilled and
restored as herein provided, or as approved by the city
engineer or by his authorized representative, it
shall be the duty of the city to notify such permi ttee
to refill and restore same. Provided also, that if said
permittee shall fail to refill and restore the same
within three (3) days after issuance of the notice, the
city shall immediately proceed to have said opening or
excavation refilled and restore said street, alley, or
sidewalk to its previous condition at the cost of such
permi ttee and to pay for the same ei ther out of the
aforementioned cash deposit, or to demand payment of
the cost of such restoration from said permittee and
his surety in cases where such permittee has filed a
surety bond that is herein provided for it. Further, in
cases where a cash deposit was made, whatever amount of
said deposit may remain after the payment of said costs
for restoration is made and after the expiration of any
applicable maintenance period, shall be refunded to
said permittee; provided that if said permittee shall
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refill and restore said street to its previous
condition and same is approved by the city, the
aforementioned cash deposit shall be returned to the
permittee upon expiration of any applicable maintenance
period. In the event that the permittee shall fail to
refill and restore any street, alley, or sidewalk, no
further permit shall be issued to said permittee until
said excavation shall have been refilled, restored and
the costs has been fully paid."
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AND IT IS SO ORDAINED.
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on the
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conducted on the
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being conducted on the
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CITY OF COLLEYVILLE
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ATTESUw
Jda Johnson ~
City Secretary
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lpproved as to Form and Legality:
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