Ordinance 1974-14
ORDINANCE NO. 7"-/~
AN ORDINANCE REGULATING THE CUTTING OF STREETS IN THE
CITY OID WYLIE AND PRESCRIBING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE:
SECTION 1. It shall hereafter be unlawful for any person,
corporation, or firm (herein referred to as contractor) to open or
excavate any street in the City of Wylie without first obtaining
a permit from the City of Wylie.
SECTION 2. It shall be the responsibility of the person,
corporation,or firm excavating the street to install barricades,
flags and any other safety measures necessary during the time of
construction and until all hazards have been corrected after the
completion of the work.
SECTION 3. All excavation in the roadway shall be replaced
by tamping, jetting, backfilling with sand and gravel, or other
methods approved by the City of Wylie. The backfill shall be re-
placed to a level of a minimum of 0" below and a maximum of 3"
above the original roadway elevation and a good riding surface must
result in the roadway.
SECTION 4. Before such contractor as described in Section 1
shall engage in any work described therein, he shall file with the
City of Wylie a surety bond in the penal sum of One Thousand Dollars
($1,000.00), and a policy or policies of public liability insurance,
which policy or policies shall be approved by the City Council, and
said policy shall be performable in Collin County, Texas, insuring
the public against any loss or damage that m~result to any person
or property caused by the negligent or wilful acts of said contractor
or his agents or employees in the construction of or growing out
of the construction of said work, provided that the maximum amount
of recovery in such policy of insurance specified shall not be less
than the following sums for damage caused by the construction of said
work, to-wit: For bodily injury to one or more persons or the death
of one or more persons in anyone accident, $50,000.00~ for the
injury or destruction of property in anyone accident, $5,000.00~
on each property injured or destroyed by said contractor, and a total
of $15,000.00 for each accidental destruction or injury to all of
said property in anyone accident. All Policies of insurance shall
contain a provision for a continuing liability thereon up to the
full amount thereof, notwithstanding any recovery thereon. It shall
be the duty of such contractor and the surety on the bond to give notice
to said city by filing a written notice with the City of Wylie of the
expiration of said policy of insurance at least ten days before the
expiration thereof. The said surety bond shall be payable to the
City of Wylie, Collin County, Texas, and conditioned on the faithful
performance of the rules and regulations of the ordinances of said
city, and the surety of said company shall be a company authorized
to transact business in the State of Texas.
SECTION 5.
follows:
(1) Paved Streets:
Fee for permits as set forth in Section 1 shall be as
paving cut for a standard
dollars per trench.
(2) Dirt or gravel streets: $0.50 Dollars per linear foot of
street cut, measured from the Property Line for a standard trench, with
a minimum charge of five dollars ($5.00) per trench. If the excavation
involves both paving and dirt or gravel shoulder, the total cost of the
permit will be figured by adding the cost of cutting the pavement and
the cost of cutting the dirt or gravel shoulder.
Concrete 2.00
Asphalt 1.00 Dollars per linear foot of
trench, with a minimum charge of five ($5.00)
(2)
The payment of such surfacing cost, computed as set out above, shall
be made to the City of Wylie simultaneously with the filing of the
application for cutting street and prior to cutting said street. A
standard trench shall be interpreted as one whose excavation width
does not exceed thirty inches (30"). Further and at the same time
each such applicant shall be required to pay any extra cost, as estimated
by the Plumbing Inspector, of repairing street surfaces where the
width of trench exceeds that of the standard.
The charges set out herein shall not be collected by the City
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 located in a subdivision then in process of development
if all street improvements are being made by the developer at his
expense and said excavation is made before such streets are accepted
by the City.
SECTION 6. Any person, firm, or corporation violating any
provision of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof in the Corporation Courts of the City
of Wylie, Texas, shall be fined in any sum not less than Ten Dollars
($10.00) nor more than Two Hundred Dollars ($200.00).
SECTION 7. If any portion of this ordinance shall be held
invalid, such holding shall not affect the valid portions thereof.
SECTION 8. That the passage of said ordinance to regulate
the cutting of streets in the City of Wylie, Texas, constitutes an
emergency for the immediate preservation of the public business,
property, health, and safety, and this ordinance is hereby declared
to be an emergency.
PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this the /~ day of A./'vE~6'/2... , 1974.
4~~-~-__
Mayor
ATTEST:
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City Secretary