OR 104 Makes it unlawful to work on any public streets without a permit AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 104
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, MAKING
IT UNLAWFUL TO CUT, DIG OR MAKE ANY EXCAVATION IN, TUNNEL UNDER
OR PLACE ANY EMBANKMENT IN OR ON ANY PUBLIC STREET OR ALLEY
OR PUBLIC EASEMENT WITHIN THE CITY WITHOUT FIRST OBTAINING A
WRITTEN PERMIT FROM THE CITY; REQUIRING ANY STREET WHICH IS
CUT OR EXCAVATED TO BE RESTORED TO ITS FORMER CONDITION; PROVIDING
FOR TUNNELING RATHER THAN CUTTING WHENEVER POSSIBLE; PROVIDING
FOR THE ISSUANCE OF PERMITS; ESTABLISHING A PERMIT FEE; PROVI-
DING THAT UTILITY COMPANIES OPERATING UNDER VALID FRANCHISE
AGREEMENTS WITH THE CITY SHALL NOT BE REQUIRED TO PAY SUCH PERMIT
FEE AND EXEMPTING SUCH FRANCHISE HOLDERS FROM THE PROVISIONS OF
THIS ORDINANCE IN CONNECTION WITH THE ERECTING OF UTILITY
POLES, TOWERS AND FIXTURES; REQUIRING GUARD RAILS AND LIGHTS
AT EXCAVATIONS AND AUTHORIZING EMERGENCY WORK TO BE DONE BY
UTILITY COMPANIES WITHOUT A PERMIT; REPEALING ALL ORDINANCES
IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED
THE SUM OF TWO HUNDI~ED DOLLARS ($200.00) FOR EACH OFFENSE; AND
DECLARING AN EMERGENCY.
WHEREAS, it is the desire of the City Counc/!'to
establish a policy against the cutting of the surface off,ny
public street for any reason, including such excavation for ~he
purpose of laying utilities thereunder and to require all such
crossings to be accomplished wherever possible by tunneling
under the street surface;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF COPPELL, TEXAS:
SECTION 1. PE~4IH REQUIRED FOR EXCAVAHIONS:
It shall be unlawful for any person, firm or corpora-
tion to cut, dig, make any excavation in, tunnel under or place
any embankment in or on, any public street, alley or public ease-
ment within the corporate limits of the City without first obtaining
a written permit from the City, and, where such work is to involve
a street or road maintained by Dallas County, such permit shall
also be issued subject to the same being approved by the Dallas
County Department of Public Works.
SECTION 2. TUNNELING UNDER RATHER THAN CUTTING ACROSS:
The building inspector or such other officer designated
by the City Council to issue such permit shall, whenever possible,
require the crossing of any public street to be done by tunneling
rather than cutting through the surface of the street. Provided,
however, where such a permit is issued in such a way as to allow
the cutting of the surface of any street, alley or public ease-
ment, said permit shall require that the person or persons making
such cut across the surface of said way to return the earth and
ram and puddle the same to a firm and solid bearing and in such
a manner as will entirely prevent the settling of such earth, and
to relay the paving, macadamizing, gravel or other surface, in a
skillful and permanent manner and in every case in accordance with
the TYPICAL STREET CUT REPAIR STANDARDS which are attached hereto
as EXHIBIT "A" and further to the satisfaction of the building
inspector or other persons so designated by the City Council,
and a failure to comply with the requirements of such a condition
shall constitute an offense and a violation of this ordinance, and
each and every day such failure continues shall constitute a sepa-
rate offense.
SECTION 3. PE~4IT FEE:
Whenever any person, firm or corporation desires to
make such an excavation or embankment in any public street, alley
or public easement within the City, he shall make application to
the City for such permit, which said permit shall be issued upon
the payment of a fee in the amount of One Hundred
Dollars ($100.00 ); provided, however, that any public utility
company holding a valid franchise agreement from the City shall not
be required to pay such fee, nor will such valid franchise holders
be required to obtain a permit under the provisions of this ordinance
in connection with the erecting of utility poles, towers and fix-
tures.
SECTION 4. It shall De unlawful for any person, firm
or corporation to make any excavation of whatever kind within or
along or near any public street, sidewalk, alley or highway within
the City without placing proper guard rails and signal lights or
other warnings, at, in or around the same, sufficient to warn the
public of such excavation and to protect all persons using rea-
sonable care from accident on account of the same.
SECTION 5. The provisions of this ordinance shall
apply to all persons making such excavations whether they be
contractors, supervisors, managers, agents, employees, or other-
wise.
SECTION 6. Public utility companies may perform emer-
gency work during the night hours or at times during which the City
Hall is closed, but it shall be necessary for such public utility
company to obtain the necessary permit as required by this ordi-
nance on the first day thereafter that the City Hall is open for
business.
SECTION 7. REPEALING CLAUSE:
All ordinances or parts of ordinances inconsistent or
in conflict with the provisions of this ordinance are hereby
repealed.
However, the repeal of existing ordinances by this
ordinance shall not ~ffect or prevent the prosecution or the
punishment of any person for any act done or committed prior to
the effective date of this ordinance in violation of any ordinance
hereby repealed; and prosecution for such offenses may be insti-
tuted and causes presently pending proceeded with in all respects
as if such prior ordinance or ordinances had not been repealed.
SECTION 8. SEVE~BILITY CLAUSE:
If any article, paragraph or s~division, clause,
phrase or provision of this Ordinance shall be adjudged invalid
or held unconstitutional, the s~e shall not affect the validity
of this Ordinance as a whole or any part or provision thereof
other than the part so decided to be invalid or unconstitutional.
SECTION 9. PENALTY CLAUSE:
~y person, firm or corporation violating any of the
provisions of this Ordinance shall be deemed guilty of a misde-
meanor and, upon conviction, shall be fined not to exceed the sum
of no Hundred Dollars ($200.00) for each offense and each and
every day such offense is continued shall constitute a new and
separate offense.
SECTION 10. E~RGENCY CLAUSE:
The fact that the present City regulations are inade-
quate to properly protect the public health, safety and welfare,
creates an urgency and an emergency and requires that this Ordi-
nance shall take effect i~ediately from and after the publica-
tion of its caption as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell,
Texas, this 9t~ day of Now~ber , 19 72 .
APPRO~D:
ATTEST:
~TY S~TARY
APPROVED AS TO FORM:
CITY ATTORNEY (/