HomeMy WebLinkAboutOrdinances (12)-06/08/1956
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CITY OF COLLEYVILLE
TARRANT COUNTY
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ORDINANCE NO. 12
AN ORDINANCE REGULATING THE CUTTING OF STREETS, ALLEYS AND
SIDE\vALKS IN THE VILLAGE OF COLLEYVILLE, TEXAS, FOR TIlE
PURPOSE OF MAKING CONNECTIONS TO, OR TO REPAIR OR ALTER ANY
WATER OR SEWER LINES OR HOUSE OR ~~IN SEWER OR WATER LINES
OR FOR ANY OTHER PURPOSE; PROVIDING FOR THE ISSUANCE OF A
PERMIT FOR ANY OF SUCH STREET CUTTING SUBJECT TO SUCH REGULA-
TIONS AS PROVIDED HEREIN; PROVIDING SPECIFICATIONS FOR BACK-
FILLING AND RESTORATION OF STREETS, ALLEYS AND SIDEWALKS
FOLLOWING THE CUTTING THEREOF; PROVIDING FOR POSTING OF
BONDS FOR PURPOSE OF INDEMNIFYING VILLAGE AGAINST DAMAGES
TO VILLAGE GROWING OUT OF CUTTING OF SUCH STREETS, ALLEYS AND
SIDEWALKS; . FURTHER PROVIDING THAT ANY PERSON, PERSONS, FIm~
OR CORPORATION, WHO SHALL DIG UP OR CUT ANY STREET, ALLEY
OR SIDEWALK IN THE VILLAGE OF COLLEYVILLE, TEXAS, WITHOUT
FIRST SECURING A PERMIT THEREFOR FROM THE VILLAGE SECRETARY,
AND WHO FAILS AND REFUSES TO BACKFILL AND RESTORE SUCH STREETS,
ALLEYS AND SIDEWAIJCS IN ACCORDANCE WITH SPECIFICATIONS PRO-
VIDED HEREIN, SHALL BE DEEMED GUILTY OF A MISDEMEAl~OR, ~~D
UPON CONVICTION SHALL BE FINED IN ANY SUM OF NOT LESS THAN
$ 5.00 AND NOT MORE THAN $100.00, EACH DAY SUCH VIOLATION
EXISTS SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE;
FURTHER PROVIDING THAT IN CASE OF WILFUL VIOLATION HEREOF,
SUCH VIO~TIONS OF THE PROVISIONS OF THIS ORDINANCE AS A
MISDEMEANOR SHALL NOT PRECLUDE THE VILLAGE OF COLLEYVILLE,
TEXAS, FROM INVOKING THE CIVIL REMEDIES GIVE IT BY THE LAWS
OF THE STATE OF TEXAS, BUT SHALL BE CUMULATIVE AND SUBJECT
TO PROSECUTION AS 3EREINABOVE PRESCRIBED FOR SUCH VIOLATION.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE VILLAGE OF
COLLEYVILLE, TEXAS:
1.
Any person, firm or corporation desiring to open any street
alley, or sidewalk for the purpose of making connections to any
water or sanitary sewer system or for any other purpose in the Village
of Colleyville, Texas, or to alter or repair any water lines or house or
main or lateral sewer lines, or for any other reason shall first, make
application to the Village Secretary of Colleyville, or his authorized
representative, and receive in writing a permit to open such street,
alley or sidewalk for such purpose or purposes as the terms of the
permit shall specify.
2.
(a) Before said permit is granted by the Village Secretary,
the party applying therefor shall file with the Vil~e Secretary
a surety bond in the sum of $1000.00, with good and sufficient surety,
to be approved by the Village Secretary and City Attorney, conditioned
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that the said Permitee will restore all streets, alleys or sidewalks
opened by said Permitee to the same condition that existed previous
to such opening, under the specifications hereinafter provided, and
will save, indemnify and keep harmless the Vilillage of Colleyville
against all liabilities, judgments, costs and expenses which may in
any way accrue against the Village in consequence of the granting
of said permit.
(b) If said Permitee does not desire to file such bond with
the Village, such application made for the cutting of a street shall
be accompanied by a deposit in cash made to the Village Secretary in
a sum as may be required by the City Engineer, based upon an estimate
of the reasonable cost of the backfilling and restoration of the street,
alley or sidewalk opened, as a guarantee that the holder of said permit
will restore the said Street, alley or sidewalk to the same condition
that existed previous to its opening and under the specifications
herein provided.
3.
Upon the expiration time named in the permit or sooner if
the use of the streets, alleys, avenues or public grounds as provided
therein is no longer necessary, the said Permitee shall clear said
street, alley or sidewalk of all obstructions.
Specifications for restoring streets, alleys or sidewalks
are as follows:
(a) DIRT STREET OR ALLEY: Ditch shall be well tamped in
611 layers and in case of settlement, party holding said permit agrees
to maintain said ditch for a reasonable length of time.
(b) GRAVEL STREETS OR ALLEYS: Ditch shall be well t~nped
in 6" layers to a point 9" below the surface of the street, after which
one (1) foot of good road gravel will be t~nped in until level with
the surface of the existing street. Party holding said permit agrees
to maintain said cut for a reasonable length of time.
(c) ASPHALT TREATED GRAVEL STREETS: Ditch shall be taken
care of as in the above paragraph and in addition the cut shall be
finished by handpouring approximately .6 of a gallon of 90-100 penetra-
tion asphalt following with a covering of what is ordinarily termed
chat or torpedo gravel.
(d) PAVED STREETS: Ditch shall be flooded and filled with
a good quality of backfill gravel and tamped down to a point 6" below
the top of the existing concrete base and then filled with 611 of
a 1:6 mixture of concrete. After four (4) days time, a surface shall
be applied corresponding to the existing surface on the street.
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(e) No street, road, or thoroughfare in the Village that has
been modified to conform to semi-permanent design, shall be cut or
opened by Permitee, but that said Perrnitee shall be required to drill,
core, or jack through the sub-grade at a depth to be detennined by
the City Engineer. However, if such procedure is deemed impractical
by reason of rock, utilities, underground construction or terraine
and a cut or opening is made, all backfill materials shall be of
selected mineral aggregate and cement in proportions of 27 to I
properly compacted and covered with a three (3) inch concrete slab
sub-grade.
(f) SIDEWALKS, GUTTERS AND DRIVEwAYS: Ditch shall be flooded
and filled with a good quality of backfill gravel after which a con-
crete surface sh~ll be applied that meets with specifications for
concrete sidewalks, gutters and driveways, as required by the Village.
(g) INSPECTION: Any and all of the above work shall be done
under the direction of, and satisfactory to, the City Engineer. The
holder of a permit shall notify the City Engineer twenty-four (24)
hours prior to the time the backfill will be made and a City Inspector
shall be present at the time the work is done, but this will in no
way relieve the permit holder from his responsibility for maintenance
due to failure of the repaired cut.
(h) If such opening or excavation is not refilled and restored
as herein provided an approved by the City Engineer or his authorized
representative, it shall be the duty of the City Engineer to notify
such Perrnitee in writing to refill and restore same and provided also,
that if said Permitee shall fail to refill and restore the same within
three (3) days after issuance of such notice, the City Engineer 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 Permitee and to pay for the same either out of the
aforementioned cash deposit, or demand payment of the cost of such
restoration from said Perrnitee and his surety in cases where such
Permitee has filed a surety bond as herein provided; further provided
that in cases where a cash deposit was made, whatever amount of said
deposit may remain after the payment of said cost of restoration is
made, shall be refunded to the said Permitee; provided that if said
Permitee shall refill and restore said street or alley to its previous
condition and same is approved by the City Engineer, the aforementioned
cash deposit shall be returned to Permitee upon authorization by the
said City Engineer; provided further that in the event any Permitee
shall fail to refill and restore any street, alley or sidewalk, that
no further permit shall be issued the said Permitee by the Village
Secretary until said exdavation shall have been refilled and restored
and the cost of same has been fullypaid.
4.
SAFETY OF THE PUBLIC: (a) The permit holder shall not cut or
open more than one-half (1/2) of the roadway at a time in order to,
maintain the flow of traffic at all times. However, in an emergency,
or with the permission of the City Engineer, the total width of roadway
may be cut or opened provi~ed barricades are placed at the first
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intersection each way from the cut and suitable detour signs erected.
(b) If a cut or opening is left after 6:00 P. M. a barricade
must be placed on both sides of the cut and a suitable flare or flares
shall be placed in front of each barricade. Said barricades and flares
to be furnished by the permit holder.
(c) It is understood that the permit holder shall be responsible
for the safety of the public and shall be held fully liable for accidents
and for damages that might be caused by said cut until same has been
approved and accepted by the City Engineer, or his authorized repre-
sentative.
5.
(a) Any person, persons, firm or corporation who shall dig up
or cut any street, alley or sidewalks in the Village of Colleyville,
Texas, without first having secured a permit as provided herein, and
who fails and refuses to comply with the specifications in backfilling
and restoration of such streets, alleys and sidewalks, shall be deemed
guilty of a misdemeanor and be subject to a fine in a sum of not less
than $ 5.00 nor more than $100.00. Each day that such violation con-
tinues to exist shall be a separate and distinct offense.
(b) But in case of any wilful violation of any of the terms
and provisions of this ordinance, the Village of Colleyville, Texas,
in addition to imposing the penalties above provided may institute
any appropriate action or proceedings in any court having proper juris-
diction, to restrain, correct, or abate such violation; and the de-
finition of any violation of the terms of this ordinance as a misdemeanor
shall not preclude the Village of Colleyville from invoking the civil
remedies given it by the laws of the State of Texas, but shall be cumu-
lative and subject to prosecutions as hereinabove prescribed for such
violations.
6.
UNTIL such time as the Village retains a qualified person as City
Engineer the County Engineer of Tarrant County, Texas, is hereby
appointed to serve the Village as its City Engineer with full power
and authority to enforce all of the provisions of this Ordinance.
7.
THIS Ordinance shall be and is hereby declared to be cumulative
of all other ordinances of the Village of Colleyville affecting traffic
on its streets and shall not operate to repeal or affect any such
ordinance or ordinances except insofar as the provisions of such
ordinance or ordinances are inconsistent or in conflict with those
provisions of this ordinance, in which instance or instances those
provisions shall be and they are hereby repealed.
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8.
SHOULD any section, article, provisions or part of this ord-
inance be declared to be unconstitutional and void by a Court of
competent jurisdiction, such decision shall in no way affect the
validity of any of the remaining parts of this ordinance unless the
part held unconstitutional or void is inseparable from and indis-
pensable to the operation of the remaining parts. The Board of
Aldermen hereby declares that it would have passed those parts which
may be unconstitutional if it had known that such parts were uncon-
stitutional at the time of the passage of this ordinance.
9.
THIS Ordinance shall become effective, and be in full force
and effect from and after the date of its adoption and publication
as by law provided.
ADOPTED this 8th day of June, A. D. 1956.
APPROVED:
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FIL.EbC
rARRANT COUNTY. TEXAS
~77 MAR 29 PM 3: ~3
MADRiN HW
COUNTY 0
BY.. ......_
STATE OF TEXAS 1
'f COUNTY OF TARRANT
~ J hereby certify that this instrument was RlE'D on tfII
'( tlate and at the time stamDed hereon by me ~"-l was duly
RECORDED in the Volpme and Pa"e of the DEED RECORDS
of Tarrant County, Texas as stam"ed hereon by me,
MAR 29 1977
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