79-6-Ordinance-Procedures and Standards for Closing or Blocking Streets-07/02/1979ORDINANCE NO. 79-6
"PROCEDURES AND STANDARDS FOR THE CLOSING OR PARTIAL
BLOCKING OF PUBLIC STREETS, THOROUGHFARES, SIDEWALKS AND
ALLEYS" PROVIDING DEFINITION OF TERMS; PROVIDING AND ADOP-
TION OF MANUAL OF UNIFORM BARRIDACING STANDARDS; PROVIDING
FOR PERMIT ISSUED BY THE RESPONSIBLE INDIVIDUAL TO CLOSE OR
PARTIALLY BLOCK PUBLIC ROADWAYS IN CERTAIN CASES; PROVIDING
FOR STANDARDS ON APPLICATION TO SECURE PERMIT; PROVIDING
FOR. APPROVAL; DISA.PPROV4L AS APPROVAL OF PERMIT SUBJECT TO
SPECIAL REQUIREMENTS'; PROVIDING STANDARDS FOR ISSURANCE OF
PERMIT BY THE RESPONSIBLE INDIVIDUAL;PROVIDING STANDARDS
FOR REVOCATION OF PERMIT;PROVIDING FOR RESTORATION OF
WORK SITE IN THE EVENT OF REVOCATION OF PERMIT;PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT AND FOR REPEAL OF
CERTAIN ORDINANCES SPECIFICALLY;PROVIDING PENALTY TO $200.
FOR VIOLATION;PROVIDING FOR SEVERABILITY;PROVIDING FOR PUB-
LICATION.
WHEREAS, it is necessary for the purpose of regulating traffic
through and around construction and maintenance operations, and to
set up a standard sequence of barricading, channelization and signing
which can be arranged to meet the variety of conditions which could
be encountered, and to serve as a standard for uniform construction
procedure in installing and maintaining devices to control traffic
around construction sites and that a uniform barricading ordinance
be promulgated for the City of Sanger and
WHEREAS, the rules and regulations as herein set forth governing
the barricading of construction areas within public right-of-ways in
the City of Sanger are herein promulgated and adopted in accordance
with the "State of Texas Uniform Act Regulating Traffic on Highways"
codified as Article 6701d Vernon's Civil Statutes, and,
WHEREAS, the City of Sanger herewith and hereby adopts, ratifies
and promulgates all the intent, purposes and power of said Article,
and expressly vests such powers not otherwise prohibited in a res-
ponsible person subject however, to any modifications and changes
thereof that may be adopted by official action of the responsible
person or the City Council necessitated by future growth, progress and
unforeseen exigencies:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SANGER:
SECTION I - GENERAL
Any person who undertakes to perform any work upon, in, under,
above or about any public street, highway, roadway, alley, or side-
walk, hereafter collectively called public right-of-way, which requires
that the street be partially or completely closed for construction
and/or maintenance operation which work shall require excavation
within or occupancy of the whole or a portion of the width of any
such public right-of-way by equipment,
ORDINANCE NO. 79=6
"PROCEDURES AND STANDARDS FOR THE CLOSING OR PARTIAL
BLOCKING OF PUBLIC STREETS, THOROUGHFARES, SIDEWALKS AND
ALLEYS"" PROVIDING DEFINITION OF TERMS; PROVIDING AND ADOP-
TION OF MANUAL OF UNIFORM BARRIDACING STANDARDS; PROVIDING
FOR PERMIT ISSUED BY THE RESPONSIBLE INDIVIDUAL TO CLOSE OR
PARTIALLY BLOCK PUBLIC ROADWAYS IN CERTAIN CASES, PROVIDING
FOR STANDARDS ON APPLICATION TO SECURE PERMIT; PROVIDING
FOR APPROVAL,- DT_SAPPROVAL AS APPROVAL OF PERMIT SUBJECT TO
SPECIAL REQUIREMENTS; PROVIDING STANDARDS FOR ISSURANCE OF
PERMIT BY THE RESPONSIBLE INDIVIDUAL;PROVIDING STANDARDS
FOR REVOCATION OF PERMIT;PROVIDING FOR RESTORATION OF
WORK SITE IN THE EVENT OF REVOCATION OF PERMIT;PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT AND FOR REPEAL OF
CERTAIN ORDINANCES SPECIFICALLY;PROVIDING PENALTY TO $200.
FOR VIOLATION;PROVIDING FOR SEVERABILITY;PROVIDING FOR PUB-
LICATION.
WHEREAS, it is necessary for the purpose of regulating traffic
through and around construction and maintenance operations, and to
set up a standard sequence of barricading, channelization and signing
which can be arranged to meet the variety of conditions which could
be encountered, and to serve as a standard for uniform construction
procedure in installing and maintaining devices to control traffic
around construction sites and that a uniform barricading ordinance
be promulgated for the City of Sanger and
WHEREAS, the rules and regulations as herein set forth governing
the barricading of construction areas within public right-of-ways in
the City of Sanger are herein promulgated and adopted in accordance
with the "State of Texas Uniform Act Regulating Traffic on Highways"
codified as Article 6701d Vernon's Civil Statutes, and,
WHEREAS, the City of Sanger herewith and hereby adopts, ratifies
and promulgates all the intent, purposes and power of said Article,
and expressly vests such powers not otherwise prohibited in a res-
ponsible person subject however, to any modifications and changes
thereof that may be adopted by official action of the responsible
person or the City Council necessitated by future growth, progress and
unforeseen exigencies:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SANGER:
SECTION I - GENERAL
Any person who undertakes to perform any work upon, in, under,
above or about any public street, highway, roadway, alley, or side-
walk, hereafter collectively called public right-of-way, which requires
that the street be partially or completely closed for construction
and/or maintenance operation which work shall require excavation
within or occupancy of the whole or a portion of the width of any
such public right-of-way by equipment,
materials, debris or workmen shall use barricades signals, flags,
flares, and all other traffic control and warning devices and pro-
cedures about the work area during the duration of the work within
the public right-of-way of the type and in the manner required by
the Uniform Barricading Standards adopted herein below. Such
persons shall also be required to obtain a permit from the
responsible person if the Specifications stated in Section III,
B-1-3 are applicable, with the exception of the State Department
of Highways and Public Transportation conducting work on any state
designated system. In such cases no permit is required. This permit
must be acquired before construction is begun. Purpose of the
permit is to insure that ample consideration has been given to the
effect of said construction work on the flow of traffic.
It shall be the responsibility of the permit -holder to provide,
erect, place and maintain all warning signs, traffic control devices
and barricades required by the Texas Manual on Uniform Traffic Control
evices or the responsible person. A11 such signs, devices and
barricades should be in good condition, clean and legible and shall
be of the type required by the Texas Manual on Uniform Traffic Control
Devices; provided, that the responsible person may authorize the use
of different or special devices and equipment if, in his opinion,
such equipment wi11 be at least as effective for its intented purpose.
as that set forth ,for such purpose in the Texas Manual on Uniform Traffic
Control Devices. When additional regulatory signs are deemed necessary
by the responsible person such signing wi11 be installed as directed
by the designated department along with such regulatory signs as are
required to be provided by the City as required by the Manual.
SECTION II - DEFINITIONS
A. RESPONSIBLE PERSON. Shall mean the Director of Public Works
of the Public Works Department of the City of San �r or any appointed
representative.
B. PERMIT. Shall mean a written letter of approval from the
responsible person or his appointed representative.
C. STREETS AND ALLEYS. The term "Street" shall mean a traveled
way for vehicular traffic, whether designated as a street, highway
thoroughfare, parkway, throughway, road, avenue, boulevard, lane,
place or however otherwise designated.
1. MAJOR THOROUGHFARES OR ARTERIAL STREETS are principal
traffic arteries more or less continuous across the City which are
intended to connect remote parts of the City and which are. used
primarily for fast or heavy volume traffic and shall include but
not be limited to each street designated as a major Street on the
Major Street Plan.
2. COLLECTOR STREETS are those which carry traffic from minor
streets to the major systems of arterial streets and highway including
the principal entrace streets of a residential development and
streets of a residential development and streets for circulation
within such a development.
3. MINOR STREETS are those which are used primarily for access
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to abutting residential properties which are intended to serve
traffic within a limited residential district.
4. ALLEYS are minor traveled ways which are used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
D. DETOUR shall mean an alternate route in which vehicular
traffic is directed around a street which is closed.
E. MANUAL shall mean the "Manual on Uniform Barricading
Standards."
F. City shall mean the City of Sanger.
G. SHALL, SHOULD & MAY. The word "shall" is a mandatory
condition, the word "should" is an advisory condition to insure
safe operation conditions; and the word "may" is a permissive
condition.
H.
roadway,
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PUBLIC RIGHT-OF-WAY shall mean any public street, highway,
allev, or sidewalk.
I. ,CONTRACTOR shall mean any person or ,group of persons
entering into an agreement with the City of Sanger.
J. EMERGENCY shall be an unforeseen combination of circumstances
or the resulting state, that calls for immediate action.
SECTION III - PROCEDURE AND PERMIT REQUIREMENTS
A. PERMIT REQUIRED
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1. APPLICATION. When a permit is required, the permit
application shall, unless otherwise authorized by the responsible
person for good cause shown, be filed with the responsible person
at least five (5) days prior to the day the applicant seeks to first
close or block any part of the roadway and shall contain the following
nformation.
a. The name, telephone number, local address and principal
place of business of the applicant;
b. The name and day and .night telephone number of the
engineer, foreman or other person who will be in charge of the
construction or repairs for which the application is requested;
C. The times of the day and total number of calendar
days the applicant seeks to block the roadway;
d. A statement signed by the applicant , or a person
authorized to bind the applicant, that the applicant will indemnify
and forever hold the City harmless against each and every claim,
demand or cause of action that may be made or come against it by
reason of or in any way arising out of the closing or blocking
of the roadway by the applicant under a permit from the City, if
such permit is granted;
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e. A standard barricading layout showing placement
of barricades, cones and informational signs used on the project;
f. An explanation as to the. nature or type of work
that is to be performed along with its. location;
g. Any other information deemed necessary by the
responsible person.
2. APPROVAL OR DISAPPROVAL. The responsible person
shall either approve or disapprove the application in five (5)
business days after it is submitted. The responsible person may
approve an application either as applied for or subject to special
requirements, as provided in Section TTI, A-3 which special require-
ments shall be endorsed on the. permit when issued and become a
part thereof. If an application is not approved, the responsible
person shall so notify the applicant, in writing, stating. the
reasons for disapproval. An applicant may, if he so desires,
undertake the revision of the unapproved application and re -submit
it to the responsible person who shall approve, approve subject
to special requirements, or disapprove the amended application
within two (2) business days.
a. The responsible person may disapprove .applications
for permits under this Article only for the following reasons:
(1) The proposed barricading, channelizing, signing,
warning or other traffic control procedures or the equipment therefor
do not comply with the requirements of the Manual;
(2) The nature of the work to be performed or its
location is such that the. work may, without imposing any undue
hardship on the applicant, be performed without the necessity
of blocking or closing the roadway.
(3) The work or the manner in which it is to be
performed will violate a City ordinance or a State statute;
(4) Failure to furnish -all of the information
required by this Article or, except for good cause shown, to file
the application within the time prescribed by this Article;
(5) Misrepresenting or falsifying any information
in the application.
3. SPECIAL REQUIREMENTS. The responsible person may at
the time he approves an application or anytime after a permit is
issued require:
a. The use or specific location of additional barricades,
signals, signs, or other traffic control devices or the pursuance
of special traffic control or safety procedures;
b. That the work be performed only at certain hours
during the day or night, or during specified days of the week;
c. That only a specified area or not more than a
specified number of lanes shall be blocked at the same time or at
C!
specified times of the day;
d. That materials and equipment used in the work site
and dirt removed from any excavation be located other than in
the vehicle traffic lanes of such roadway;
e. That all equipment be moved from the traffic lanes
and any excavation in the traffic lanes be covered or filled with
materials of sufficient strength and construction to permit vehicular
traffic to pass over such excavation during all or part of the peak
traffic periods or at night.
When such requirements are deemed necessary by the
responsible person in the interest of public safety and to avoid
-cj�affic congestion, any such special requirements shall be endorsed
on the permit and shall be a part thereof.
4. REVOCATION. Any designated responsible person or
his authorized representatives may revoke a permit issued hereunder
if any of the permit -holder's barricading, signing, channelizing,
warning or other traffic control procedures or the equipment at
the work site do not comply with the requirements of the Manual,
or with any special requirements imposed by the responsible person.
The permit -holder, or the person names as responsible for or in
charge of the work in the permit, shall first be notified of the
failure or defect and be given a reasonable time, such length of
time to be determined by the responsible person and not to exceed
twenty-four (24) hours, to correct same before such .permit is
revoked. In the event a permit issued under this Article is revoked,
it shall be unlawful to continue to block the roadway, except to
restore the site to its proper condition as required herein.
5. RESTORATION. In. the event a permit is revoked, the
permit holder shall immediately commence operations to restore
the work area within the roadway to its proper condition, such
work to be completed within twenty-four (24) hours. In addition,
except as required to restore the work area to its proper condition,
the permit -holder shall remove all equipment, men, materials and
debris from the roadway. In the event such restoration is not
done, the City shall be authorized, at its election, to take charge
of the work and restore the premises to its proper condition and
sha11 be entitled to recover from the permit -holder by civil action
the actual expenses incurred by the City in restoring the premises,
including, but not limited to, cost of labor, materials, overhead,
rental of any equipment used by the City in restoring the site
and attorneys fees, and for such purposes, the City shall have
a right of action against any bonds in effect running from the
holder of the permit to the City, conditioned upon compliance
with the ordinances of the City of Sanger in the performance
of said work.
6. PENALTY. Any person who violates any provision
of this Article shall be guilty of a misdemeanor and upon conviction
shall be subject to a fine not to exceed $200.00. Each day of such
violation shall constitute a separate office. Such penalty sha11 be
cumulative and not exclusive of any other rights or remedies the
City of Sanger may have.
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B. PERSONS REQUIRING PERMITS
1. CONTRACTOR'S REQUIREMENTS
a. Any contractor undertaking any work whether of his
own, or under contract for any other person, and such work is
within a City Street and requires that a set of plans be drawn
up due to the extensive and/or complex nature of the work, will
be subject to the provisions set forth in Section III, B-1, and
must file for a permit before beginning construction. Proof must
also be shown that he has obtained approval by other affected
agencies of the City to actually perform the work.
b. A plan must be prepared by the contracting agency
showing where work is to be performed. The plan will include a
standard barricading layout showing placement of barricades, cones
and informational signs used on the project. In most cases,
layouts will be similar to those shown in the latter part of the
attached Manual. Deviation from the Manual will be allowed only
with approval of the responsible person or his appointed representative.
c. The plan as mentioned in step b above must be
submitted a minimum of five (5) business days prior to actual
beginning of the construction work. This time period will allow
the the designated department the opportunity to survey the
construction site in an attempt to uncover any traffic problems
which might develop as a result of the barricading.
d. Each contractor or construction agency will
provide with his barricading plan a listing of all persons
directly responsible for the safety on each project to include
an address or a telephone listing at which said person can be
reached at any hour of the day if a hazardous condition develops.
2. CONTRACT WORK BY CITY PREPARED CONSTRUCTION PLANS.
In the event the contractor undertakes work based on plans prepared
by the designated department, all detour and barricading require-
ments will be inserted as part of the construction plans.
In this situation, the contractor's acceptance of the
construction project will serve as indication that he understands
the layout and is responsible subject to the penalties established
in the attached Ordinance.
3. CITY FORCES AND PUBLIC UTILITY COMPANY REQUIREMENTS
a. All City forces, as well as public utility companies
performing construction work within a street which requires that
a set of plans be drawn up due to the extensive and/or complex
nature of work, will be subject to the same requirements established
in Section B-1 above. Such work would include major street
construction (street cuts, street widening, etc.), water and
sewerage line laying or relocation or off_street construction
which requires that a portion of the adjacent roadway be barricaded.
b. Construction work performed by City forces or utility
companies, minor enough such that a set of plans need not be
drawn up, will not be subject to the same requirements established
in Section B-1 above. Such work includes minor street construction
(re -surfacing, patching, striping), minor utility work (usage of
manholes such that a lane must be barricaded), etc. These forces
wI ll be required, however, to comply wtih all other provisions
set forth in this Manual as to the construction site barricade
layout and signing. In addition, the responsible person or his
authorized representative shall be contacted before said construction
work is begun and be informed of the location and nature of construc-
tion. This work shall be performed during the peak hour congestion
periods of 7:00-9:00 A.M. and 4:00-6:00 P.M., unless approved by
the responsible person.
C. EMERGENCY SITUATIONS. The requirements as mentioned above
are to be used for all planned construction projects. In the event
of a said emergency type situation, notification of work to be done
can be made by telephone directly to the responsible person or
his appointed representative, thereby, bypassing the requirements
mentioned above. Under these conditions the contractor or agency
wI ll still be required to follow the basic barricading standards
as outlined in the attached Manual.
Section IV -
If any section, subsection, paragraph, sentence, clause, phrase_,_
of work in this Ordinance, or application thereof to any person or
circumstances is held invalid by any Court of competent jurisdiction
such holding shall not affect the validity of the remaining
portions of this Ordinance, and the City Council of the City of
Sanger, Texas, hereby declares it would have enacted such remaining
portions despite any such invalidity.
Section V -
This Ordinance will be effective from date of passage shown
below.
Passed this 2nd day of July, 1979.
ITT
Many Jo tover, City Secretary
B, COLE, MAYOR
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