HomeMy WebLinkAboutOrdinance No. 137•G �
ORDINANCE NO. /& /
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REGULATING. THE
CUTTING, ALTERATION OR RECONSTRUCTION OF STREETS, ALLEYS, OR OTHER
PUBLIC RIGHTS-OF-WAY, REQUIRING A PERMIT; 1?EQUIR.ING A BOND; R.EPUIRING
REPAIR AND CLEAN-UP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY
SECTION 1. No person, firm or corporation shall construct, reconstruct, alter,
repair, remove, replace, pave, repave, surface, cut, trench, resurface or otherwise
disturb any walk, drive, curb, gutter, paved area, street, alley or appurtenance on
public property in the City without first having obtained from the Building Official a
permit to do so.
SECTION 2. To obtain a permit, a contractor, bonded in accordance with this
ordinance, shall file with the Building Official an application in writing therefor on a
form to be furnished for that purpose. Each application shall describe the property
adjacent to which the proposed work is to be done, which description. will readily
identify and definitely locate the site. The application shall give such other pertinent
information as may be required by the Building Official
SECTION 3. The permit provisions of this ordinance shall not apply to public
utilities erecting utility poles, towers and fixtures, provided, hotvever, that such public
utility companies shall notify and maintain liaison with the Building Official so as to
permit the proper coordination of such work as well as appropriate safety measures
for the protection of persons and property in and around the site.
SECTION 4. No person, firm or corporation, other than a public utility company,
shall construct, reconstruct or repair any sidewalk, curb, gutter driveway approach,
public street, alley or other public area in the City without first executing and delivering
to the City a bond in the sum of Two Thousand Dollars ($2,000.00) payable to the
City of The Colony, with a good and sufficient corporate surety, authorized to do
business in the State of Texas, thereon. The bond shall be conditioned that all work
shall be done in a good and workmanlike manner and that the principal shall faithfully
and strictly comply with the specifications of the City and the terms and provisions
of this ordinance, and that the City of The Colony shall be fully indemnified and held
harmless from any and all costs, expenses or damages, including its reasonable attorneys,
fees, whether real or asserted, on account of any injury done to any person or property
in the prosecution of such work that may arise out of or be occasioned by the
performance of such work.
SECTION 5. Materials and labor used in the work described in this ordinance
shall be in accordance with the standards and specifications of the City of The Colony.
SECTION 6. A contractor doing work governed by this ordinance shall provide
necessary warning equipment and safeguards so that pedestrians and vehicular traffic
shall be protected from injury and not unnecessarily impeded.
SECTION 7. Immediately upon completion of the work authorized by the
permit, the contractor shall remove from the area all unused material., dirt, debris
and loose concrete. He shall see that the entire area is clean and usable and that
the paved area which has been altered, cut, excavated or disturbed in any way shall
be returned to at least as good a condition as it was in prior to the commencement
of the work.
SECTION 8. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the valicli.ty
of the remaining portions hereof, which are declared to be severable.
SECTION 9. 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 fined in an amount not
to exceed the sum of Two Hundred Dollars ($200.00) for each offense and each and
every day any such offense shall continue shall be deemed to constitute a separate
offense.
SECTION 10. This ordinance shall take effect immediately from and after its
passage and the publication of the caption as the law and charter in such cases provide.
READ AND PASSED on first reading on the clay of
1981.
FINALLY PASSED ON SECOND READING on the day of
_, 1981. Y
APPROVED:
M OR
ATTEST:
CITY SECRETARY
i�.
APPROVED AS TO LEGALITY
OF THE FORM:
CITY ATTORNEY