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ORD CC 05/14/74 - Curbs and DrivewaysORDINANCE NO. 74- AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY REDESIGNATING ARTICLE III OF CHAPTER 15 TO INCLUDE SUBSECTION A, CURBS AND DRIVEWAYS, AND SUBSECTION B, STREET EXCAVATION AND ALTERATION, AND BY ADDING SUBSECTION B, STREET EXCAVATION AND ALTERATION, MAKING IT UNLAWFUL FOR ANY PERSON TO DIG UP, BREAK, OR EXCAVATE, TUNNEL OR UNDERMINE ANY STREET WITHOUT FIRST OBTAINING AN EXCAVATION PERMIT, PROVIDING FOR SUCH PERMIT, PROVIDING FOR A SURETY BOND, PROVIDING METHOD AND SPECIFICATIONS FOR REPAIR OF STREETS, PROVIDING MISCELLANEOUS PROVISIONS, PROVIDING FOR THE CITY TO RESTORE STREETS NOT RESTORED BY PERMITTEE, REQUIRING INSURANCE OF ANY PERMITTEE, AND LIMITING LIABILITY OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, IS HEREBY AMENDED AS FOLLOWS: SECTION 1. Article III of Chapter 15 of the Code of Ordinances of the City of Huntsville is hereby amended to include two Subsections, to be entitled Subsection A, Curbs and Driveways, and Subsection E, Street Excavation and Alteration, and the present Article III, Curbs and Driveways, is hereby renumbered to hereafter be listed as Subsection A, Article III, Chapter 15 and entitled Curbs and Driveways and all provisions of the said Section known as Curbs and Driveways shall continue as presently enumerated in Article III. SECTION 2. Article III of Chapter 15 of the Code of Ordinances of the City of Huntsville is hereby amended by adding a Subsection B to be entitled Street Excavation and Alteration and to read as follows: SUBSECTION B. STREET EXCAVATION AND ALTERATION SECTION 15.54. PERMITS REQUIRED It shall be unlawful for any person to dig up, break, and excavate, tunnel, undermine or in any manner break up any street or any area within a street easement or right -of -way, or to make or cause to be made any excavation in or under the surface of any street or street easement or right -of -way, for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the city as herein provided, except as provided in Section 15.58 (d), below, for emergencies. The fee for such excavation permit shall be two dollars ($2.00). SECTION 15.55. APPLICATION FOR PERMIT. No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and the date of completion of the excavation, and other reasonable data as may be required by the city. The application shall be accompanied by plans showing the extent and dimensions of the proposed excavation work, the dep_h and location of the excavation work, and such other informatior as may be prescribed by the city. The City Engineer shall approvL the application and plan or make such changes as necessary to serve the best interest 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. Such permit shall be issued by the City Secretary upon approval by the City Engineer. SECTION 15.56. SURETY BOND. Before an excavation permit as herein provided is issued, the applicant shall deposit with the city a surety bond in the amount of one thousand dollars ($1,000.00) payable to the city. The re- quired surety bond must be: (a) With good and sufficient sureties; (b) By a surety company authorized to transact business in the state; (c) Satisfactory to the city attorney in form and substance (d) Conditioned upon the permittee's compliance with this article and to secure and hold the city and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation 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 prpperty through the fault of the permittee either in not properly guarding the excavation or for any other injury re- sulting from the negligence of the permittee and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the city, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of twelve months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said one year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any 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 by reason of the negligence or default of the permittee, upon the city's giving written notice to the permittee of such suit or claim, any final judgment 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 provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date. Said bond may not be cancelled without notice to the city at least thirty (30) days in advance thereof. SECTION 15.57. METHOD AND SPECIFICATIONS FOR REPAIR. (a) All back-filling materials shall be free from lumps, large rocks, boulders, or other foreign material and debris. (b) All excavation, alteration, back-fill, and repairs shall be made in conformance with the standard drawings and material requirements on file in the offices of the City of Huntsville, un- less in exceptional circumstances, when in the judgment of the city, modifications will be necessary to insure and protect the best in- terest of the city. (c) If reasonable doubt exists as to the compacted density of any back-fill, the city may require density tests to be run at a reputable testing laboratory. If the material tested fails to meet compaction requirements (95% Modified Proctor) the expense of the testing shall be borne by the contractor performing the work and he shall take immediate action to correct all deficiencies; or, if the questionable area, after testing, is shown to meet compaction requirements, the cost of the test shall be borne by the city. SECTION 15.55. MISCELLANEOUS PROVISIONS. (a) All unnecessary equipment, spoil material or other debris shall be kept off the traveled section of the roadway and every effort shall be made to facilitate the normal flow of traffic. (b) When, in the judgment of the city, it is impractical to excavate within a street, all pipelines, conduit, or other crossings shall be bored, tunneled or drilled, under the paved section, and where the city deems it necessary, such crossings shall be encased in a manner approved by the city. (c) All safety requirements and provisions for barricades, traffic cones, lights, flares, signs and flagmen shall be in accordance with the written policies of the city. (d) For emergency repairs to any existing facility at night or on weekends and holidays, the permit shall be applied for during the next business day following such emergency repair. Unless major alteration is necessitated by the repairs, no plan will be required with the permit application. (e) Any type of ditching equipment used on city streets shall be equipped with "street pads." All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the city shall have the authority to cause the said necessary labor and material to be furnished by the city and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor. (f) The engineering department shall cause to be made such inspections as are necessary to insure compliance with the provisions of this article. (g) As the excavation work progresses all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satis- faction of the city. From time to time as may be ordered by the city and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work and upon failure to do so within twenty-four (24) hours after having been notified to do so by the city, said work may be done by the city and the costs thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder. SECTION 15.59. CITY'S RIGHT TO RESTORE SURFACE. If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the ex- piration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the city, if it deems it advisable, shall have the right to do all work and things necessary to retore the street and to complete the ex- cavation work. The permittee shall be liable for the actual costs thereof and twenty-five per cent (25%) of such costs in addition 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 prusuant to this article. SECTION 15.60. INSURANCE. A permittee, prior to the commencement of excavation work hereunder, shall furnish the city satisfactory evidence in writing that the permittee has in force and will maintain in froce during the performance of the excavation work and the period of the ex- cavation permit public liability insurance of not less than one hundred thousand dollars ($100,000.00) for any one person and three hundred thousand dollars ($300,000.00) for any one 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. SECTION 15.61. LIABILITY OF CITY. This article shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason fo in- spections authorized hereunder, the issuance of any permit or the approval of any excavation work. PASSED THIS 14th DAY OF May A. D., 1974. ATTEST: MORRIS I. WALLER, Mayor APPROVED AS TO FORM: I ft 14ARTIN D. COLLEY, City Attorney