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O-74-305 - 12/19/1974ORDINANCE NO. 305 AN ORDINANCE PROVIDING FOR THE CONTROL AND REGULATION OF THE INSTALLATION, REPAIR OR REMOVAL OF WATER, SEWER OR GAS MAINS, ELECTRIC UTILITY OR TELEPHONE LINES IN EXISTING PAVED OR UNPAVED STREETS, ALLEYS OR OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF ROUND ROCK, TEXAS; PROVIDING FOR PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE ON OTHER ORDI- NANCES OR STATUTES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1: It shall be unlawful for any person, firm or corporation to install, repair or remove, water, sewer or gas mains, electric utility or telephone lines in existing paved or unpaved streets, alleys or other public places within the corporate limits of the City of Round Rock, Texas without having first obtained a permit as is herein required, or without complying with the provisions of this ordinance or in violation of or variance from the terms of any such permit. Section 2: Applications for such permits shall be made to the City Secretary, and shall describe the location of the intended work site, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual work and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will lacing to the work Section 3: comply with all ordinances to be done. and laws re - The fee for such permits shall be $200.00. Section 4: No such permit shall be issued unless and until the applicant therefor has filed with the City Secretary a bond in the sum of $2,000.00 conditioned to indemnify the city for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the State of Texas as a surety company. Section 5: Such installation, repair or removal of water, sewer or gas mains, electric utility or telephone lines in existing paved, or unpaved streets, alleys or other public places in the corporate limits of the City of Round Rock, Texas shall be done in accordance with the following specifications and requirements: (1) All excavations within a right-of-way and not under surfacing shall be back-filled by tamping in six-inch horizontal layers, ponding or jetting. All surface materials shall be removed from the right-of-way and the excavation finished flush with surrounding natural ground. (2) Where sodding is disturbed by excavation or back- filling operations, such areas shall be replaced by mulch sodding on all slopes of two percent or less. All slopes over two percent shall be replaced by black sodding. (3) All excavation in gravel streets or streets under construction shall be back-filled with select material by tamping in six-inch horizontal layers to finish grade, then the top six inches of back -fill shall be removed and replaced with one -inch road base, tamped or rolled to ninety-five percent of density. (4) Crossings under surface streets within the right - of way shall be placed by boring. Boring shall extend from crown line to crown line, or to a point two inches beyond back of curb. All lines under streets carrying pressure shall be enclosed in casing satisfactory to the city. Gravity flow sewer lines placed under existing paved streets by boring shall be cast iron pipe. (5) Where evidence is presented indicating the impracticability of boring or tunneling, the Public Works Director of the City of Round Rock may grant permission to cut the surfacing. In the event a cut is permitted, the following conditions shall govern said operation: A. If the surface to be cut is an asphalt surface, it shall be cut or scored in a straight line before any digging has begun to prevent breaking the seal of the paved area not to be disturbed. B. Back-fill material: All back-fill material shall be stabilized with Portland Cement and mixed in a concrete mixer or transit mix equipment. If soil is used, it shall be sandy material free from lumps or clods, and shall be stabilized with two sacks of cement per cubic yard of soil. If sand and gravel are used, pit run material will be allowed, and it shall be stabilized with one sack of cement per cubic yard. Back-fill may be mechanically tamped in a moist condition or water added to provide a free flowing mixture. Stabilized back-fill shall be completed to a point 1-1/2 inches below existing finished grade and the remaining 1-1/2 inches shall be replaced with hot mix asphaltic concrete; hot or cold lay. (6) Operations along highways shall be performed in compliance with Texas Highway Department specifications and in such manner that all excavated material be kept off the pavement at all times, as well as all operating equipment. (7) It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations the excavations shall not have any where below the survace any portion which extends beyond the opening. at the surface. No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the City Department or officer charged with the care thereof which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. No unnecessary damage or injury shall be done to any tree, shrub or the roots thereof. (8) If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. (9) The director of all installation, repair or removal as herein described is to see to the enforcement of the provisions of this ordinance. Notice shall be given to him at least ten hours before the work of refilling any tunnel or excavation commences. (10) It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for the safety of the general public. Barriers, warning signs, lights, etc. shall conform to the requirements of the City Council. Warning lights shall be flares, flashers used to torches, lanterns, electrical markers or indicate a hazard to traffic from sunset of each day to sunrise of the next day. The permittee shall take appropriate measures to assure that during the performance of the excavation or other work traffic conditions as near normal as possible shall be maintained at all times so as to minimize incon- venience to the occupants of the adjoining property and to the general public. When traffic conditions permit, the Director of Public Works may by written approval permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary. Such written approval may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given. Warning signs shall be placed far enough in advance of the construction operation to alert ,traffic within a public street and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the Director of Public Works. (11) All works so performed shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, under- ground vaults, valve housing structures and all other vital equipment as designated by the Director of Public Works. (12) The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation or work is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least 1/2 of the sidewalk width shall be maintained along such sidewalk line. (13) The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall first obtain consent from the owner of such private property for such purpose and if he cannot obtain such consent, the Director of Public Works may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work, and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out such work. When- ever it may be necessary for the permittee to trench through any lawn area said area shall be re-seeded or the sod shall be carefully cut and rolled and replaced after ditches have been back-filled as required in this ordinance. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate city department or city official having supervision of such property. (14) As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess rock, earth or other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Director of Public Works. From time to time, as may be ordered by the Director of Public Works 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 24 hours after having been notified to do so by the Director of Public Works, said work may be done by the Director of Public Works and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder. (15) After an excavation or other work is commenced, the permittee shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. (16) Each permittee shall conduct and carry out the work in such a manner as to avoid unncessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall make appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and between the hours of 9:00 p.m. and 8:00 a.m. shall not use, except in case of emergency, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. Section 6: Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than Two Hundred Dollars ($200.00). Each transaction in violation of any of the provisions hereof shall be deemed a separate offense shall be deemed committed offense, and as separate on each day during or on which a violation occurs or continues. Section 7: It is hereby declared to be the intention of the City Council of the City of Round Rock that the sub -sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any of them shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sub -sections, paragraphs, sentences, clauses or phrases of this ordinance since the same would have been enacted by the City Council of the City of Round Rock without the incorporation of this ordinance of any unconstitutional or invalid sub -sections, paragraphs, sentences, clauses or phrases. Section 8: All ordinances in conflict herewith are expressly repealed. READ, PASSED AND ADOPTED this J day of CAe 197. ATTEST: City ecretary FLAY`' LITTON, Mayor City of Round Rock, Texas