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Sandy L PlzL4/Re-CS 790724AN ORDINANCE OF THE CITY OF COPPELL, TEXAS O"O "^"CE "0. 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 I)~ 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; ESTABLISH- ING A PERMIT FEE; PROVIDING 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 PRO- VISIONS 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 TI) EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. WHEREAS, it is the desire of the City Council to establish a policy against the cutting of the surface of any public street for any reason, including such excavation for the purpose of laying utilities thereunder and to require a]l such crossings to be ac- complished wherever possible by tunneling under the street surface; ~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. PERMIT REQUIRED FOR EXCAVATIONS: It shall be unlawful for any person, firm or corporation to cut, dig, make any excavation in, tunnel under or place any embank- ment in or on, any public street, alley or public easement 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 a permit shall, whenever possible, re- quire the crossing of any public street to be done by tunneling rather than cutting through the surface of a 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 easement, said permit shall re- quire that the person or persons making such cut across the surface of said way to return the earth to a compacted density of 95% standard with optium moisture to a depth of 12-inches below the finished pave- ment grade to relay the paving, or fill ditch with clean sand in a skillful and permanent manner and in every case in accordance with the TYPICAL STREET CUT REPAIR STANDARDS which are attached hereto as EX- HIBIT "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 separate offense. SECTION 3. PERMIT FEES: 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 ~ee, nor will such valid franchise holders be required to obtain a permit under the pro- visions of this ordinance in connection with the erecting of utility poles, towers and fixtures. SECTION 4. It shall be 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 ex- cavation and to protect all persons using reasonable 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 otherwise. 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 ordinance 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 ord- inance shall not affect 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 instituted and causes present- ly pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 8. SEVERABILITY CLAUSE: If any article, paragraph or subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held un- constitutional, the same shall not affect the validity of this Ord- inance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. SECTION 9. PENALTY CLAUSE: Any person, firm or corporation violating any of the pro- visions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not to exceed the sum of Two 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. EMERGENCY CLAUSE: The fact that the present City regulations are inadequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this 24th day of July , 19 79 . APPROVED AS TO FORM: APPROVED: k ~ Andrew Brom, Jr., Mayor ATTEST: Dorothy Timmo~s, City YSecretary Lawrence W. Jackson, City Attorney w i~ .¢~z~refe s PAVE~ EN T IR T_ PL/~ C[2 M FN.T