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
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PAVE~ EN T
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