0102
ORDINANCE NO. 102
AN ORDINANCE REGULATING THE CUTTING OF STREETS,
ALLEYS AND SIDEWALKS IN THE TOWN OF SOUT3LAKE,
TEXAS, FOR THE PURPOSE OF MAKING CONNECTIONS TO, OR
TO REPAIR OR ALTER ANY WATER OR SEWER LINES OR
HOUSE OR MAIN 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
REGULATIONS AS PROVIDED HEREIN; PROVIDING SPECIFICA-
TIONS FOR BACKFILLING AND RESTORATION OF STREETS,
ALLEYS AND SIDEWALKS FOLLOWING THE CUTTING THEREOF;
PROVIDING FOR POSTING OF BONDS FOR PURPOSE OF IN-.
DEYINIFYING TOWN AGAINST DAMAGES TO TOWN GROWING OUT
OF CUTTING OF SUCH STREETS, ALLEYS AND SIDEWALKS;
FURTHER PROVIDING THAT ANY PERSON, PERSONS, FIRM
OR CORPORATION, WHO SHALL DIG UP OR CUT ANY STREET,
ALLEY OR SIDEWALK IN THE TOWN OF SOUTHLAKE, TEXAS,
WITHOUT FIRST SECURING A PERMIT THEREFOR FROM THE
TOWN SECRETARY, AND W140 FAILS AND REFUSES TO BACKFILL
AND RES'T'ORE SUCH STREETS, ALLEYS AND SIDEWALKS IN
ACCORDANCE WITH SPECIFICATIONS PROVIDED HEREIN, SHALL
BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION
S IAL.L BE FINED IN ANY SUM OF NOT LESS THAN $ 5.00 AND
NOT MORE THAN $100.00, EACH DAY SUCH VIOLATION EXISTS
SMALL CONSTITJTE A SEPARATE AND DISTINCT OFFENSE;
FURTHER PROVIDING THAT IN CASE OF WILFUL VIOLATION
HEREOF, SUCH VIOLATIONS OF THE PROVISIONS OF THIS
ORDINANCE AS A MISDEMEANOR STALL riOT PRECLUDE THE TOWN
OF SOUTHLAKE, TEXAS, FROM INVOKING THE CIVIL REMEDIES
GIVE IT BY THE LAWS OF TAE STATE OF TEXAS, BUT SHALL
BE CUMULATIVE AND SUBJECT TO PROSECUTION AS HEREINABOVE
PRESCRIBED FOR SUCH VIOLATION.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTILLAKE,
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 syst9m or for any other purpose in the
Town of Southlake, 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 Town Secretary of Southlake,
or. iris authorized representative, and receive in writing a permit
to open such street, alley or sidewalk for such purpose or purposes
as the terms of tie neriuit s'aall specify..
2,
(a) Before said permit is granted by the Town Secretary,
the party, applying therefor shall file with tine Town Secretary
a surety bond in the sum of ,1000.00, with good and sufficient
surety, to be approved by the Town Secretary and City Attorney,
conditioned that the said Permitee will restore all streets,
alleys or sidewalks opened by s=.id Permitee to the same condition
that existed previous to such opening, under the specifications
hereinafter provided, and will save, indemnify and keep iarmless
the Town of Southlake against all liabilities, iudg~k,ents, costs
and expenses which =iay, in any way accrue against the Town in
conseouence of the granting of said -permit.
(b) If such Permitee does not desire to file such bond with
the Town, such applicL.t=i.on anade for the cuttinE; of a street sr'Ia1
be accoT,ipani ed by a. deposit in cash -rlla.de to the Town Secretary
in a sum as -fiay be recuired by the City Engineer, based upon an
estimate of tine reasonasole cost of the backfilling and restor tion
of the street, alley or sidewalk opened, as a guarantee twat the
holder of said permit will restore tcae said street, alley or sidewalk
to tae same condition that existed previous to its o )enin,- and under
the s-oecificr tions aerein _orovided,
3.
Upon the ex+~iration time naaed in the pers;it or sooner if
the use of the streets, alleys, avenues or p-tblic grounds as
provided t aerein is no longer necessary, the said Permitee s gall
clear said street, alley or sidewalk, of all obstr°uctio_as.
Specifications for restoring streets, alleys or sidewalks
are as follows:
(a) DIRT STREET OR ALLEY: Ditch shall be ,,,ell tamped in
6" 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 s fall be .jell tamped
in 61, layers to a point 911 below tine surface of the street, after
which one (1) foot of good road gravel will be ta.~i-aed in until
level with the surface of the existing street. Party ~ - 'Olding
said permit agrees to maintain said cut for a reasonable .l engtji
of time.
(c) ASP-IALT TREATED GRAVEL STREETS: Ditch shall be taken
care of as in the above paragraph and is addition the out sEaall be
finished by _tandpourin- approximately ,6 of a gallon of 90-100
penetration asphalt following with a coverin; of what is ordinarily
terms coat or torpedo gravel.
-2-
(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
6" of 1:6 mixture of concrete„ After four (4) days time, a
surface shall be applied corresponding to the existing surface
on the street„
(e) NO street, road, or thoroughfare in the Town that has
been modified to conform to semi-permanent design, shall be cut
or opened by Permitee, but that said Permitee shall be required
to drill, core, or jack through the sub-grade at a depth to be
determined 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 back-
fill materials shall be of selected mineral aggregate and convent
in proportions of 27 to 1 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
concrete surface shall be applied that meets with specifications
for concrete sidewalks, gutters and driveways, as required by the
Town,
(g) INSPECTION: Any and all of the above work shall be done
under t:ae 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 ianlder f roi is responsibility
for maintenance due to failure of the repaired out.
(h) IF such opening or excavation is not refilled and restored
as herein provided andapproved by the City Engineer or his authorized
representative, it stall be the duty of the City Engineer to notify
such Permitee 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 vrevious condition at the cost of such Permitee and to pay
for the same either out of the aforementioned cas'`l deposit, or
demand payment of the cost of such restoration from said Permitee
and his surety in cases where such Permite a 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 recto ,ati.on 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 Engineers the aforemen-
tioned cash deposit shall be returned to Permitee upon authorization
by the said City Engineer; provided further t'fl:~t in the event any
Permitee shall fail to refill and restore aiy street, alley or
sidewalk, that no further permit shall be issued the said Permitee
by the Town Secretary until said excavation st-1a.11 ~.ave been refilled.
- 3-
and restored and the cost of same aas been fully paid.
4.
SAFETY OF THE PUBLIC : (a) The permit holder s hal 1 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 nrovi.ded barricades are placed
at the first intersection each way fro~ii the cut and suitable detour
signs erected„
(b) If a out or opening is left after 6:00 P. K'. 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 Liolder shall be
responsible for the safety of t o public and sina.ll 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 representativq.
5•
(a) Any person, persons, firm or corporation who shall dig
u_> o- cut any street, alley or sidewalks in the Town of Southlake,
Texas, without first having; secured a -Dermit as provided cierein, and
?rho fails and refuses to comply with the specifications in back-
filling 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 faun $ 5.00 nor more tuan $ 100#00. Each day that such
violation continues 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 Towz of Southlake, Texas,
in addition to imposing tue penalties above provided may institute
any appropriate action or proceedings in any court raving -Droper
jurisdiction, to restrain, correct, or abate such violation; and
the definition of any violation of the terms of this ordinance as
a. misdemeanor shall not preclude the Town of Southlake from invoking
the civil remedies given it by the laws of t'-e State of Texas, but
shall be cumulative and subject to prosecutions as lereinabove
prescribed for such violations.
Z 4/ •
•
'AaVasucas KAOI
IOA ;.
4£5'6T in *Y .T Tsdy Jo A P 1 r sT44 multodp
•PepTAosd M*t dq se
uoT4eoTTgnd pee uoT4dope s4T so e4ep eii4 se4, B pupa Wo.as 4oesso pue
eeso; VMS uT eq PUO ieAT4oe;;e emooeq Ttims eoulauTPso sins
•6
•eou uTpao sTg4 so eOusssd el4 so emT4 arm 4e
T"enoT4n4T4subouti ase ► s440d 'gone 4eg4 mom! peg q.T 3T tttuoT4n4449
,fAileoun '4oTt * s4aed esog4 pessmd eAeq pTnoz 4T 4eg4 sesetoep
£♦ems t' neo eftox eg,y •s4sav4 SuTuTumea eq4 so uOT4elledo e144
o4 eTc sUeds pu pule mOz; etgeaedesuT sT pToA so rittleT4n4T4suoouis
PT�t 4aed 6114 sseTun epuuuTpso sTgq. so s;.zed 9uTuTismaa eq4 so Stene
so A4TPTTeA ego 4uej. . um ou uT TTegs uoTsToop 4one tuol4oTpsTan'
4ue4edwoo so 4snoo a dq PToA pue teuoT4n4T4suooun e4 'f 'eT. eQ
eo *ctp,ato sTg4 jo 4Xed .=o suoTSTAosd s etoT4.xe 'uo-t4oes ,late QrinonS
•8
•Persede.x £ge.;eq Else de114 pue aq ttegs suoTsTAoad
esog4 seouu4suT sp eouu4suT go tui uT •eousuTpao sTg4 ,so s.QQTs ►ead
esogq. g4TA g.oTTJuoo uT ao 4Ue40TsuoouT e4e seou♦euTp.zo aoeoeuuTpam.
guns ,so suo*sTAo.zd eq4 se ssjosuT a..deoxe seallyisTwo .xo 804110)0 p40
Roils due 4oe43e so TO.daa og. e4esedo 4011 TTegs Pus s4e4s s4T up
oTssia4 ItuT4o.ssis exeT144nos so asap/ eq4 so seou•eulpso asug4.0 Tto so
eATq.Btmnno eq 4;i4 pesetoep Aquae?+q sT pue eq TTegs eoueuTpzo SOW
az
•e 0uez#Tp. O
sT144 3o SUOTSTAosd eq4 JO ITV 41001OJue oq. S4T.xog4nu pue sett d
TTnJ 44' M 4140'010$ S4To s4T s9R u*oy .Qq4 eA..xes 04 P044Tudde S
sT eeexey 'd4unoo 4uesseI, so JakouTfts Ss unoo ezi4 AsSikuT IC4To
se uosxed poTJTtenb a 9UTe4e.1 u,O,I, ego se eWT4 trans
.9
• ® OF •
S TA TE OF TEXAS
COUNTY OF TARRANT
I hereby certify that the above notice was published in
The Grapevine Sun, a newspaper published in Grapevine,
Tarrant County, Texas, in the issue of April 25, 1957.
,.,:~-F or of The rapeei un
Subscribed and sworn to before me this 2nd day of May 1957.
otary blic, rrant Co., Texas