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Home My WebLink AboutOrdinance - 8121-1980 - Revising Trenchbackfilling Paving Cut Procedures, Providing A Savings Clause. - 12/18/1980II JWF/pg ORDINANCE N0. __ 8_1_~_1 __ AN ORDINANCE REVISING TRENCH BACKFILLING AND PAVING CUT PROCEDURES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; DECLARING AN EMERGENCY AND THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, this Ordinance affects the daily operations of the Engineering Department supervising public streets and alleys for public traffic safety creates an emergency; and, WHEREAS, the City Council deems it advisable and in the public interest to revise paving cut procedures of the City of Lubbock as hereinafter set forth; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. That Section 28-65 of the Lubbock City Code is amended to read as follows: "Section 28-65. Filling of Trenches. All trenches shall be backfilled as soon as the pipe mains, electrical cable and/or power lines, television cable, telephone cables and apparatus, or any other type public utility facilities placed underground, is laid out and tested by the person, firm, corporation or public utility excavating such trench or causing such trench to be excavated. The backfilling shall be done in such a manner that the street, alley or sidewalk shall be in as good condition as before such work was done. If at any time after the pipe, mains, electrical cable and/or power lines, television cable, telephone cables and apparatus, or any other public utilities facilities placed underground have been laid, the trench settles below the natural grade of the street, alley or sidewalk, the trench shall be :J:"efilled and brought to the proper grade at the expense of the person, firm, corporation or public utility responsible for making the cut. The C~ty Engineer may make such further requirements on ;filling as may be necessary to keep the streets, alleys and sidewalks ·in as good condition as before such cuts are made." Section 2. That Section 28-66 of the Lubbock Code is hereby amended in its entirety to read as follows: "Section 28-66. Replacement of pavement cut by person, firm, cor- poration or public utility; payment; bond. {a) All paved surfaces of city streets or alleys cut for utility installation or for the purpose of making connections with the city sewerage systems or to alter or repair any house sewer or water line, or to .. pla{!e:.gas~':3ervic~-pipe, or for any other reason shall be replaced at the expense of the person, firm, corporation, or public utility who caused such paving cut. (b) Such person, firm, corporation, or public utility may place the concrete base as required herein with its own or contract labor, but only under the direction and supervision of the City Engineer or his representative • . (c) The City will charge such person, firm, corporation, or public utility for the cost of the paving cut and replacement when performed by the City based upon current costs of materials, equipment, labor • • 1 ' ' - .. ~ "' and supervision required for such service. A schedule of such costs shall be prepared by the City Engineer and placed on file with the City Secretary for public inspection after approval of such schedule of costs by the City Council. Such schedule may be revised and supplemented thereafter by the City Engineer with City Council approval of such changes in order to reflect current costs to the City for such service. In lieu of the City performing the work, a person, firm, corporation, or public utility may cause the work to·be done by persons of its selection, provided such person, firm, corporation, or public utility provides the City with a blanket bond in the amount of five thousand dollars ($5,000.00) assuring that the surface replaced will be adequately repaired and trouble-free. Such bond shall be sufficient for all paving cuts performed by the person, firm, corporation, or public utility as long as the bond remains in effect." Section 3. That Section 28-68 of the.Lubbock City Code is hereby amended in its entirety to read as follows: "Section 28-68. :Protective Measures. (a) While the cut or any part thereof is open, and while any part of the street, sidewalk or alley is obstructed by the cut or material, the person, firm, corporation or public utility shall erect and maintain such protective traffic control devices as are required by the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, as amended, which manual is published by the State Department o.f Highways and :Public Transportation. (b) If such excavation and fill shall substantially occupy the full width of any street or alley, the person, firm, corporation or public utility shall consult with the City Engineer with regard to whether such street or alley shall be closed or a driveway or walkway across the excavation shall be maintained. (c) If the person, firm, corporation or public utility shall fail to take any protective measure required hereunder, the City Engineer shall supply the deficiency and the actual cost of doing so shall be paid by the person, firm, corporation or public utility making the cut." Section 4. That Section 28-69 of the Lubbock City Code is he~eby amended in its entirety to read as follows: "Section 28-69. :Person, fim, corporation or public utility responsible for damage to exist~ng mains, sewers, etc. (a) Such person, firm, corporation or public utility shall be re- sponsible for all damages to water mains, water service connections, sanitary sewers, traffic control device cable, electrical transmission cable, and public utility pipes and conduits caused by the work of install~ng the mains or any part of the distribution system or making connections with the city sewerage systems or to alter or repair Any house sewer or water line or to place gas service pipes, or for any other reason, and such person, firm, corporation or public utility shall pay for the cost of repairing same. (b) The person, firm, corporation or public utility requiring a paving cut shall be responsible for, and hold the City harmless against all damages to persons or property arising from the making or repair of the paving cut or excavation." Section 5. That a new Section 28-69.1 is hereby added to the Lubbock City Code, which shall read as follows: "Section 28-69.1. Permit and Bond. None of the work described in Sections 28-64 or 28-66 of this Code shall be commenced or done until a written permit is first obtained from the City, and a paving cut fee is paid in accordance with the schedule referred to in Section 28-66 of this Code or, if the work is not to be performed by the City, a bond is given in accordance with Section 28-66 of this Code to insure compliance with this Article and all other ordinances of the City." Section 6. If any provision hereof shall be judicially declared to be invalid or unconstitutional for any reason, such declaration shall not affect the validity or constitutionality of the remaining provisions of this Ordinance. Section 7. Violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed TWO HUNDRED DOLLARS AND N0/100 ($200.00) as provided in Section 1-5 of the Lubbock City Code. Section 8. The City Secretary shall publish the descriptive caption and penalty section of this ordinance as an alternate method of publication once a week for two consecutive weeks as provided by law. Section 9. This ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and the rule re- quiring two readings of an ordinance before final passage is suspended and this ordinance shall become effective upon its passage by the City Council. AND IT IS SO ORDERED. Passed by the City Public Services City Attorney -~ tt i"l ft...l /1-z,-'V'E.{-e-"!.,· Before me, ~b~te p, ~t~z. a Notary Public in and for Lubbock County, Texas on this day personally appeared Bidal Aguero of Amigo Publications, publishers of El Editor, weekly newspaper, who being by me duly sworn did depose and say that said news- paper has been published continuously for more than fifty-two weeks prior to the first insertion of this City Ordinance No. #8121 at Lubbock County, Texas and the attached printed copy of the City Ordinance is a true copy of the original and was printed in El Editor on the following dates: December 19 ~:11~0 Amigo Subscribed and sworn to before me lb~ this ;;l..{d day of~. 1980. ,