HomeMy WebLinkAboutOrdinance No. 2016-2192CITY OF THE COLONY, TEXAS
ORDINANCE NO. rZ O KO -21 q2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 18, SECTION 18-24(10) OF
THE CODE OF ORDINANCES, ENTITLED "CONSTRUCTION AND
MAINTENANCE," BY REQUIRING THE BURYING OF WIRES AND
CABLES WITHIN PUBLIC RIGHTS-OF-WAY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to repeal the current Chapter 18, Section 18-
24(10) and replace with a new Chapter 18, Section 18-24(10) to require the burying of cables and
wires within public rights-of-way.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 18, Section 18-24(10) by repealing in its entirety
and replacing with a new Chapter 18, Section 18-24(10) which shall read as follows:
11(10) When a person completes construction, expansion, reconstruction, removal, excavation or
other work, the person shall promptly restore the public rights-of-way to a condition that is equal
to or better than the condition of the property prior to the performance of the work. A person
shall bury wires or cables, and replace and properly re-lay and repair the surface, base, irrigation
system and landscape treatment of any public rights-of-way that may be excavated or damaged
by reason of the erection, construction, maintenance, or repair of the person's facilities within 10
calendar days (unless extended by the city for good cause) after completion of the work;
provided, however, that such timetable shall apply only to the extent the same is not addressed in
another ordinance, rule or regulation of the city which requires a permit for any excavation,
construction, installation, expansion, repair, removal, relocation or maintenance of facilities."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons 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 City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5`h day of January, 2016.
.-G
J McCo ,Mayor
ATTEST:
Christie Wilson, City Secretary ? g t
t'i J � Z
APPROVED AS TO YOM
TEX As.
Jeff Moord, City Attorney