11-33-02-Ordinance-Regulating Street Cut and Excavation Repairs-11/04/2002ORDINANCE 11-33-02
THAT CHAPTER 3, ARTICLE 3.1300 AND APPENDIX ARTICLE 3.800 (FEE
SCHEDULE) OF THE CODE OF ORDINANCES OF THE CITY OF SANGER,
TEXAS, IS HEREBY AMENDED REGULATING STREET CUT AND
EXCAVATION REPAIRS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1. That Chapter 3, Article 3.1300 of the Code of Ordinances, City of Sanger,
Texas, is hereby amended, which said article shall read as follows:
"ARTICLE 3.1300 STREET CUT EXCAVATION AND REPAIR*
Sec. 3.1301 Permit and Fee Payment Required
It shall be unlawful for any person to dig up, break and excavate, tunnel, undermine, cut, or
in any manner break up any public street, sidewalk, driveway or other public property or to
make or cause to be made any excavation in or under the surface of any public right-of-way
for any purpose or to place, deposit or leave upon any public right-of-way any earth or other
excavated material obstructing or tending to interfere with the free use of the public right-of-
way unless such a person shall have obtained a permit with the city secretary describing the
location of the cut, and providing a traffic control plan in accordance with the Manual for
Uniform Traffic Control Devices of the State Department of Highways and Public
Transportation, and pay a street cut fee in the amount as set forth in the fee schedule in the
appendix of this code.
Sec. 3.1302 Repairs Made by the contractor
Repairs to streets after a street cut shall be made by the contractor. The contractor
responsible for the street cut shall be required to make repairs to the street in accordance
with the specifications attached hereto referred to as Exhibit "A"
Sec.3.1303 Application
No Permit shall be issued unless a written application for the issuance of a permit is
submitted to the city. The written application shall state the name and address of the
applicant; the nature, location and purpose of the work; the date of commencement and the
date of completion of the work; and other data as may reasonably be required by the city.
The city engineer shall approve the application and plan or make changes as necessary to
serve the best interests of the city, and the issuance of a permit shall be conditioned upon
performance of the work as shown on the approved application and plan.
Sec 3.1304 Surety Bond
a) Before a permit is issued, the applicant shall deposit with the city a surety bond in the
amount of Fifteen hundred dollars ($1,500.00) payable to the city. This bond provision shall
not apply to contractors doing work on public projects or to public utilities. The required
surety bond must be:
1. With good and sufficient sureties;
2. By a surety company authorized to transact business in the state;
3. Satisfactory to the city attorney in form and substance;
4. Conditioned upon the permittee's compliance with this section and to secure
and hold the city harmless against any and all claims, judgement or other
costs arising from the work covered by the permit or for which the city, the
city council, or any city officer may be made liable by reason of any accident
or injury to persons or property through the fault of the permittee, either in
not properly guarding the work or for any other injury resulting from the
negligence of the permittee, and further conditioned to fill up, restore and
place in good and safe condition as outlined in Exhibit "A" attached hereto,
and to maintain the area where excavation is made in as good a condition for
a period of twelve (12) months after the work is completed, usual wear and
tear excepted. Any settlement of the surface within the one-year time period
shall be deemed conclusive evidence of defective backfilling by the
permittee.
b) Nothing in this section shall be constructed to require the permittee to maintain any
repairs to pavement made by the city if such repairs should prove defective. Recovery on
such bond for any injury or accident shall not exhaust the bond but it shall in its entirety
cover any or all future accidents or injuries during the excavation work for which it is given.
In the event of any suit or claim against the city because of the negligence or default of the
permittee, upon the city's giving written notice to the permittee of such suit or claim, any
financial judgement against the city requiring it to pay for such damage shall be conclusive
upon the permittee and his surety. An annual bond may be given under this section which
shall remain in force for one (1) year, conditioned as above, in the amount specified in
subsection (a) of this section and in other respects as specified in this section, but applicable
as to all work in the right-of-way by the principal in such bond during the term of one (1)
year from such date. The bond may not be canceled without written notice to the city at
least thirty (30) days in advance of the cancellation.
Sec. 3.1305 Insurance
A permittee prior to the commencement of work as provided in this section, shall furnish
the city satisfactory evidence in writing that the permittee has in force and will maintain in
force, during the performance of the work and the period of the permit, public liability
insurance of not less than one hundred thousand dollars ($100,000.00) for anyone (1) person
and three hundred thousand dollars ($300,00.00) for any one (1) accident and property
damage insurance of not less than fifty thousand dollars ($50,000.00) duly issued by an
insurance company authorized to do business in this state.
Sec. 3.1306 City's Right to Restore Surface
If the permittee under this section shall have failed to restore the surface as outlined in
exhibit "A" attached hereto, upon the expiration of the time fixed by such permit or shall
otherwise have failed to complete the work covered by such permit, the city, if it deems
advisable, shall have the right to do all work and things necessary to restore the surface and
complete the excavation work. The permittee shall be liable for the actual cost thereof and
additional twenty five (25) percent of such cost for general overhead and administrative
expenses. The city shall have a cause of action for all fees, expenses and amounts paid out
and due it for such work and shall enforce its rights under the permittee's surety bond
provided pursuant to this section."
Section 2. That Appendix Article 3.800 (fee schedule) of the Code of Ordinances,
City of Sanger, Texas, is hereby amended, which said article shall read as follows:
"Sec. 3.800 Street Cut Excavation and Repair
Prior to the cutting of any streets the contractor shall file a permit with the city secretary as
outlined in Chapter 3, Article 3.1300 of this code, and pay a permit fee in the amount of
fifty-five dollars ($55.00)."
Section 3. All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 4. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
Section 5. Any person, firm, or corporation who shall violate any of the provisions
of this article shall be guilty of a misdemeanor and upon conviction shall be fined in
accordance with the general penalty provision found in Section 1.109 of this Code.
Section 6. This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED, AND ADOPTED, this the 4th day of October A.D.,
2002, by the City Council of the City of Sanger, Denton County, Texas.
APPROVED: ATTEST:
Tommy ncaid, Mayor ` Rosalie Chavez, City Se etary
't'
T "All
SAWED JOINT
(TYPICAL)
6" TxDOT TYPE FLEXBASE
... f�'f� .... 20-0##
FIRM TRENCH WALL
CONDUIT
ASPHALT PAVEMENT
N.T.S.
SAWED BREAKOUT
GROOVE (DEPTH 2-1)
(—SPLICE EXISTING
REINFORCEMENT
4-
0.
REPLACED CONCRETE
1-0
TO BE 6* THICK
UNLESS
MINIMUM; CLASS "A*
WITHIN 36
OF JOINT
FIRM TRENCH WALL
CONDUIT
CONCRETE PAVEMENT
N.T.S.
4m HOT MIX ASPHALTIC
WEARING SURFACE
EXISTING ASPHALT
SURFACE
COMPACTED EMBEDMENT
AS SPECIFIED IN NCTCOG
SPECIFICATIONS FOR TYPE
OF CONDUIT INSTALLED
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FA
EXISTING
REINFORCEMENT
SAWED BREAKOUT
GOOVE (DEPTH=2'±)
COMPACTED EMBEDMENT
AS SPECIFIED IN NCTCOG
SPECIFICATIONS FOR TYPE
OF CONDUIT INSTALLED
FIRM TRENCH WALL
NOTES:
1. WHEN REMOVING CONCRETE PAVEMENT THE CONTRACTOR SHALL ENDEAVOR M LIMIT
DAMAGE TO EXISTING REINFORCEMENT SO IT MAY BE EMPLOYED IN THE REPLACEMENT
OPERATION. IF ORIGINAL REINFORCEMENT IS CUT OR BROKEN, REPLACEMENT BARS OF
THE SAME SIZE SHALL BE INSTALLED BY DRILLING AND DOWELLING AS DIRECTED BY
THE OWNER.
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CITY OF SANGER
REMOVAL AND REPLACEMENT I INOV0AIT'02 I Iff"M "A"O"I