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HomeMy WebLinkAboutOrdinance 2633 ORDINANCE NO. AN ORDINANCE AM MING PARAGRAPH 2-5-2 OF ORDINANCE NUMBER 1988, WBICH IS AN ORDINANCE REGULATING THE INSTALLATION OF PLUMBING, BY CHANGING PROVISIONS PERTAINING TO FERMITS TO OPEN A STREET, SIDEWALK OR AI1,LY; PROVIDING THAT A PZMT MUST BE OBTAIN- ED FROM THE DIRECTOR OF PUBLIC WOMM BEFORE OPEN- ING ANY EXCAVATION IN A PUBLIC STREET OR AIM; PROVIDING CERTAIN CONDITIONS TO THE ISSUANCE OF SUCH A PERMIT; PROVIDING FOR PAYMENT OF CERTAIN CHARGES PRIOR TO ISSUANCE OF SUCH A PERMIT; IM- POSING CERTAIN DUTIES AND OBLIGATIONS UPON ANYONE OPENING SUCH AN EXCAVATION; REQUIRING A BOND BE- FORE THE ISSUANCE OF SUCH A PEMIT; 1 EOL.ARING THIS ORDINANCE TO HE CUMULATIVE; PROVIDING A SAV- ING CLAUSE; FIXING A PENALTY FOR VIOLATION TI - OF; AND PROVIDING AN EFFECTIVE DABS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORM, TEXAS: SECTION 1. That Paragraph 2-5-2 of Ordinance No. 1988 be amended to read as follows: Paragraph 2-5-2. Streets, Sidewalk or Alley Opening Permits and Charges For Repairs and Resurfacing. Each time any person, firm or Corporation desires to open an excavation in a public street or alley to make any connection with the City sewerage system, or to alter or re- pair any house sewer, or for any other reason, said person, firm or corporation shall first make application to the Director of Public Works or his authorized representative and obtain an official written permit to open an excavation in such street or alley and to connect with the sewerage system as the terms of the permit shall specify. Such a permit shall be issued only upon the condition that the holder of the permit will install and maintain at all times adequate barricades and good and sufficient warning lights around all openings and obstructions so that the said street or alley will be safe for vehicular and pedestrian traffic at all times, and that said holder will, as soon as possible and without any delay, backfill the trenches, remove excess material and restore the surface of the street or alley to such condition that it will be safe for vehicular and pedestrian traffic and can be safely and satisfactorily used by such traffic until permanent repairs have been made. The holder of such a permit shall be responsible for properly and adequately safeguarding the public from all hazards caused by such an opening and excess materials therefrom until said open- ing has been safely and satisfactorily closed so that it is safe for traffic, all excess materials have been removed and final inspection has been made by the Plumbing Inspector. The work of permanently repaving and permanently resur- facing the excavation in such a street or alley will be done by the city; and each applicant for permission to open an excava- tion in a public street or allay, in addition to his other plumb- ing permit fees, shall pay to the City the cost of restoring street and alley surfaces or paving on the following basis: (1). Paved streets: Two Dollars ($2.00) per linear foot of standard trench measured from the in- side of curb to the center line of the city sewer main, with a minimum charge of Five Dollars ($5.00) per trench. (2). Asphalt treated gravel streets: One Dollar. and 20/100 ($1.20) per linear foot of standard trench measured from the face of the curb to the center line of the city sewer main, with a minimum charge of Five Dollars ($5.00) per trench. (3). Dirt or gravel streets: Seventy cents ($0.70) per linear foot of standard trench measured from the face of the curb to the center line of the city sewer, with a minimum charge of Five Dollars ($5.00) per trench. (I,). Dirt or gravel alleys: A lump sum of Five Dollars ($5.00) per standard trench opening. The payment of such resurfacing costs, computed as set out above, shall be made to the Plumbing Inspector or his authorized representative simultaneously with the filing of the application for plumbing permit and payment of all plumbing permit fees. A standard trench shall be interpreted as one whose excavated width does not exceed thirty inches (30") and which does not extend more than fifteen inches (1511) beyond the center line of the city sewer main. Further, and at the same time, each such applicant shall be required to pay the extra cost, as estimated by the Director of Public Works, of repairing streets or alley surfaces where the width or length of trench, or both, exceeds that of the standard trench. Where a private sewer line is constructed under a concrete side- walk or driveway or under an area where such a sidewalk or driveway is to be installed in the near future, the holder of the permit shall adequately guard the excavation so as to prevent damage to pedestrians and, as soon as possible, shall baekfill the -trench with good quality gravel properly flooded and tamped so as to provide adequate and proper support for the concrete surface. Where all or a part of an existing concrete sidewalk or driveway has been damaged or destroyed in the course of installing or repairing a private sewer line, then as soon as possible said concrete surface shall be repaired and refinished by the holder of said permit in such a manner as to meet the specifications of the City of Fort Worth for such work. Tunnelling under curb and gutter will be permitted but the Applicant shall exercise reasonable care and shall backfill properly so as not to damage same. Damaged curb and/or gutter will be repaired by the City and the cost charged to the permit holder in addition to the regular charges for repairs to street paving surfaces. Where no curb exist, the cost of resurfacing shall be computed on a basis given in the schedule above with the linear footage measured from the normal curb line to the center line of the city sewer main. The holder of a permit to open an excavation in a public street or alley shall notify the Plumbing Inspector immediately as soon as such street or alley is ready for restoration and resurfac- ing. Such notice shall be given within twenty-four (2!,) hours after the final sewer inspection has been made. SECTION 2. Prior to the issuance of any permit hereinabove required, each applicant shall have on file with the Director of Public forks an effective bond payable to the City of Fort north in the sum of Two Thousand Dollars ($2000.00), with good and sufficient sureties acceptable to the City Council of the City of Fort Worth; said bond shall be conditioned on faithful compliance with the conditions set out in this Ordinance, and shall indemnify and hold the City of Fort Worth harmless from any and all expenses, losses, claims for damages, Judgments and other costs which may arise, be incurred, be sustained by, or be obtained against said City by reason of such an opening of an excavation in a public street or alley under authori- zation of a permit issued to the principal maker of said bond. SECTION 3. The charges set out in Section I above shall not be collected by the City of Fort Worth if the proposed excavation is to be made in a street which is neither in use by the public nor cut to grade for such use; likewise, such charges shall not be collected if the proposed excavation is to be made in a street or alley located in a subdivision then in process of development if, and only if, all street and alley improvements are being made by the developer at his expense and said excavation is made before such streets and alley improvements are accepted by the City of Fort Worth. SECTION 4. This ordinance shall be and is hereby declared to be cumula- tive of all other ordinances of the City of Fort Worth affecting the installation or repair of plumbing, and shall not operate to repeal or affect any such ordinance or ordinances except in so far as such ordinance or ordinances are in conflict or inconsistent with the provisions of this ordinance. SDCTION 5• Should any section, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance, and the remainder of this ordinance not so declared to be invalid shall continue to be in full force and effect. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional if it had known that such parts were unconstitutional at the time of the passage of this ordinance. SmnoN 6. Any person, firm, company, corporation, or its, his or their agents, servants or employees, violating any of the provisions of this ordinance, upon conviction thereof, shall be fined in any sum not to exceed Two Hundred Dollars ($200.00), and each days violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such. SDCTION 7• This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. APPROVED AS TO FORM: Assistant City Attorney ORDINANCE No. Tit u Date J Filed ,�/' Day of 19� City Secretary P. O.No. 13697-R