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ORD 1988-17TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 88-17 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REGULATING THE CONSTRUCTION OR WORK IN, UNDER OR UPON ANY PUBLIC STREET OR ALLEY WITHIN THE TOWN; REQUIRING A PERMIT PRIOR TO SUCH CONSTRUCTION OR WORK AND A PERMIT FEE; REQUIRING THE ERECTION OR PLACEMENT OF BARRICADES BY PERSONS DOING WORK OR CONSTRUCTION WITHIN A PUBLIC RIGHT-OF-WAY; ADOPTING THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; REGULATING THE HOURS WHEN CONSTRUCTION OR WORK MAY BE PERFORMED IN THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR THE SUBMISSION OF CONSTRUCTION PLANS; REQUIRING THE RESTORATION OF THE PUBLIC RIGHT -OF --WAY TO A PROPER CONDITION; REQUIRING INDEMNIFICATION BY THE CONTRACTOR AND A BOND TO ENSURE PROPER PERFORMANCE OF WORK OR CONSTRUCTION PERFORMED IN THE PUBLIC RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") has exclusive control and power over the public streets and alleys within the Town pursuant to article 1015, Texas Revised Civil Statutes (Vernon), as amended; and WHEREAS, by virtue of that statute, the Town has the power and authority to abate and remove encroachments or obstructions on such streets and alleys to protect the same from encumbrances, encroachments or injuries; and WHEREAS, the Town Council hereby finds that the adoption of this ordinance regulating construction or work in a public street, alley or other right-of-way to be in the best interests of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. 0a94j Section 2. Permit Required. It shall be unlawful for any person to construct, reconstruct, alter, repair, pave, repave, cut, disturb or otherwise perform any construction or work on, under or above any walk, drive, paved area, street, alley or other right-of-way on public property in the Town without first having obtained from the Building Official a permit to do so. For purposes of this ordinance, the term "person" shall mean any corporation, partnership, joint venture, sole proprietorship, association, individual or any other entity recognized in law. Provided, however, that this requirement shall not apply to the State Department of Highways and Public Transportation where said Department is performing work on State highways located within the Town. Section 3. Permit - Application. To obtain a permit required by Section 2 of this ordinance, a person, meeting all other requirements of this ordinance, shall file with the Building Official an application in writing on a form to be furnished for that purpose. The application shall be filed with the Building Official at least ten (10) days prior to the start of work. The application shall contain the following information: A. The name, telephone number, address and principal place of business of the applicant; B. The name and day and night telephone number of the person in charge of the work or construction for which the permit is requested; C. The times of day and total number of days the applicant anticipates the public street, alley or other public right-of-way will be disrupted in any way; D. A statement signed and agreed to by the applicant, or person acting on behalf of and under full authority of the applicant, that the applicant shall indemnify the Town against and hold the Town harmless from any and all actions, causes of action, lawsuits, claims, demands, damages or injuries of whatever nature that may arise out of the work, construction or any action taken or performed pursuant to the permit; E. Where streets, alleys or other public rights-of- way require barricades, a layout or drawing showing placement of such traffic control devices; F. A description of the work, construction or other activity which the applicant anticipates performing; and G. Any other information deemed necessary by the Building Official. 0094,] -2- Section 4. Permit Fee. Any person obtaining a permit from the Town shall pay, prior to the issuance of the permit, a fee of twenty-five dollars ($25.00). Provided, however, that a municipal utility district or other governmental entity shall not be required to pay the said fee. Each location where work and construction as described herein is performed shall require a separate application and fee. Section 5. Permit - Approval. The Building Official, or his duly authorized representative , shall approve or disapprove the request for a permit within five (5) working days after the date the application was filed with the Town. In reviewing the application, the Building Official shall ensure compliance with this ordinance and all other applicable laws and regulations of the Town or State, and may issue the permit with special requirements or deny the permit and state the reasons for such denial in writing. Section 6. Warnings and Barricades. Any person securing a permit authorized herein and performing work, construction or other activities pursuant to the permit shall provide, place, erect and maintain all necessary warning equipment, signs, safeguards and barricades so that pedestrians and vehicular traffic shall be protected from injury and not unnecessarily impeded. Such warning equipment, signs, safeguards, barricades and other traffic control devices shall be those authorized by the Texas Manual on Uniform Traffic Control Devices (the "Manual"), which Manual is hereby adopted and incorporated herein as if copied herein in its entirety. All such devices shall be in good condition, clean and legible. When additional devices are required by the Building Official, the permit holder shall install, place or erect the same. Section 7. Permitted Hours of Work. Work, construction or other activity permitted pursuant to this ordinance shall not be performed during peak traffic periods from 7:00 a.m. to 9:00 a.m. and 4:30 p.m. to 6:30 p.m., unless otherwise approved by the Building Official. Section 8. Insurance and Bond. A. Any person who performs work on, under or above the public easement or right-of-way of any public street, alley or other public way within the corporate limits of the Town of Trophy Club shall have in effect a policy of liability insurance to insure against potential losses which may arise from the performance of any work required by a contract or any other action within the said public easement or right-of-way. Said liability insurance shall name the Town of Trophy Club as an additional insured and shall be in an amount of not less than dollars ($ ). The liability insurance required herein shall be in effect before O09 4,J -3- the beginning or commencement of any work or action taken pursuant to a permit or as authorized herein and proof of such insurance shall be filed with the Building Official prior to such commencement. Such insurance shall be maintained at all times during such work, construction or other activity, and it shall be the duty of the permittee to give notice to the Town by filing a written notice with the Town of the expiration of the policy of insurance at least ten (10) days before the expiration thereof. B. Any person filing an application for a permit pursuant to this ordinance shall, prior to issuance of the permit, execute and deliver to the Town a bond in the sum of Two Thousand Five Hundred Dollars ($2,500.00) payable to the Town, with a good and sufficient surety authorized to do business in the State of Texas, and conditioned that all work shall be done in a good and workmanlike manner and that the principal shall faithfully and strictly comply with the street and other specifications of the Town, this ordinance and all other applicable ordinances of the Town. It shall be the duty of the permittee to give notice to the Town by filing a written notice with the Town of the expiration of the bond at least ten (10) days before the expiration thereof. Section 9. Standards and Specifications of Materials and Labor. Materials and labor used in the work contemplated and described herein shall be in accordance with the standards and specifications of the Town. Section 10. Plans Required. Where the Building Official finds that the work to be performed is of an extensive and/or complex nature, the Building Official may require the applicant or permittee to submit a set of construction and/or design plans prior to the commencement of or at any time during the work or construction. Section 11. Special RegKirements. The Building Official or his duly designated representative may, at the time of issuance of a permit or at any time thereafter, require: A. that the work be performed only at certain hours of the day or on certain days of the week; B. that only a specified area shall be blocked at any one time or at a specified time of day; C. that the materials and equipment used at the work site and dirt removed from any excavation be located other than in the vehicular traffic lanes of the right -of --way; or U U 9 4 j -4- D, 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 Building Official or his duly designated representative, in the interest of public safety and to avoid traffic congestion, any such special requirements shall be endorsed on the permit. Section 12. Revocation of Permit. The Building Official may revoke a permit if the Building Official finds that there has been a violation of this ordinance or any other applicable ordinance of the Town. Section 13, Cleanup; Restoration of Right -of -Way. Upon completion of the work or construction authorized by the permit granted pursuant to this ordinance or in the event that a permit is revoked, the permit holder shall immediately commence operations to restore the work area to at least as good a condition as it was prior to commencement of the work. Such restoration shall be completed within twenty-four (24) hours of the time of completion or revocation. The permit holder shall remove all construction materials, equipment and debris from the right of way. In the event that such restoration is not done, the Town shall be authorized at its election to take charge of the work and restore the premises to its proper condition and shall be entitled to recover from the permit holder by civil action the actual expenses incurred by the materials, overhead, rental of any equipment used by the Town in restoring the site and other costs or expenses incurred, and for such purposes, the Town shall have the right of action against any bonds in effect running from the holder of the permit to the Town. Section 14. Emergencies. The requirement of this ordinance are to be used for all planned construction projects. In the event of an emergency, notification of work to be done may be made by telephone directly to the Building Official or his duly designated representative. At the earliest possible time, a permit shall be applied for. Under these conditions, the contractor shall still be required to follow the barricading and warning standards outlined in the Manual. Section 15. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it 0 0 9 4] -5- would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 16. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 17. That this ordinance shall take effect from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 13 day of June , 1988. May, r, Town o rophy Club, Texas ATTEST: ✓� ToSecretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town At rorney, Town of Trophy Club, Texas 0 0 9 4 ) -6-