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.
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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.
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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
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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
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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
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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:
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ToSecretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town At rorney,
Town of Trophy Club, Texas
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