Ord 1948 5/8/1961 ORDINANCE NO .
AN ORDINANCE REQUIRING THAT A PERMIT BE OBTAINED PRIOR TO COMMENCE-
MENT OF ANY ALTERATION TO PUBLIC STREETS : PROVIDING STANDARDS FOR
ISSUANCE OF PERMITS SETTING FORTH THE AUTHORITY OF THE DIRECTOR OF
PUBLIC WORKS AND THE CITY ENGINEER OF OPERATIONS WITHIN ITS PURVIEW:
PROVIDING FOR A SEVERABILITY CLAUSE: PROVIDING PENALTIES FOR VIOLA-
TIONS OF THESE PROVISIONS: AND DECLARING AN EMERGENCY.
SECTION 1. No person, firm, partnership, association,
corporation, company, or organization of any kind shall begin to
construct, reconstruct, repair; alter, or grade any sidewalk, curb,
curb-cut, driveway, •or street on the public right-of-way of the City
of Wichita Falls , Texas, without first obtaining a permit from the 3
City Engineer, City of Wichita Falls, Texas, as provided by this
ordinance and filing the bond required by this ordinance with the
City Clerk, City of Wichita Falls, Texas ,
SECTION 2 . An applicant for a permit hereunder shall file
with the City Engineer an application showing:
A. Name and address of the owners or agents in charge
of the property abutting the proposed work area.
B. Name and address of the party doing the work.
C . Plans showing details of the proposed alteration.
D. Estimate of the cost of the operation.
E. Such other information as the City Engineer shall
find reasonably necessary to the determination of
whether a permit shall be issued hereunder.
SECTION 3. The filing fee which shall accompany the
application for a permit hereunder shall be computed as follows :
$5. 00 where the work to be done or performed is less
than 100. lineal feet in length, and 4 per lineal feet
in excess of the first 100 lineal feet. This filing
fee shall not be required to be paid on work that is
done under contract from the City of Wichita Falls,
nor shall it be required on paving work done by sub-
dividers , when done under the supervision of the City
of Wichita Falls and in accordance with plans and
specifications which have been approved by the Director
of Public Works .
SECTION 4.. The following bond shall accompany an appli-
cation for a permit: A bond payable to the City of Wichita Falls
which bond shall be approved by the City Engineer as to sufficiency
and by the City Attorney as to form, and conditioned that all side-
walks , curbs, curb-cuts, driveways, or streets on the public right-
of-way of said City which are to be constructed, reconstructed, or
repaired by said person, firm, or corporation, during the time for
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which the said bond is written, shall be done and completed in
accordance with said plans and specifications and all ordinances re-
lating thereto and to the satisfaction of the City Engineer; said
bond shall be further conditioned that the quality of material used
in the construction of all such curbs; curb-cuts, driveways or
streets on the public right-of-way of said City shall be such as is
prescribed by the specifications governing each improvement and such
sidewalks , curbs, curb-cuts, driveways , or streets on the public
right-of-way of said City shall stand the ordinary wear and tear of
traffic without deterioration for a term of two years from the com-
pletion thereof; said bond shall be further conditioned that the
City of Wichita Falls shall be held harmless from any and all losses,
damages, judgments or decrees that the City may sustain or be sub-
jected to, directly or indirectly, by reason of any faulty construc-
tion of such sidewalks , curbs, curb-cuts, driveways, or streets on
the public right-of-way of said City or work connected therewith, or
for the failure of such obligor, his agents or employees, to guard
and light properly all openings and obstructions that may be made
or placed in the street or where the work is to be constructed,
during the time that the work is being done or in connection there-
with; and further that such obligor upon the completion of each side-
walk, driveway, curbing, curb-cut or streets on the public right-
of-way of said City shall remove all building materials and accumula-
tion of debris from the street in which any sidewalk,curb, curb-cut,
or streets on the public right-of-way of said City is built, arising
through or in connection with such construction. The City of Wichita
Falls, or any person, firm, or corporation who shall be damaged by
reason of the default of any of the conditions of said bond, is
authorized to bring suit in the name of the City of Wichita Falls
r the use and benefit of such person, firm, or corporation, against
th obligor of said bond, and to prosecute the same to final judgment
Lnd execution; provided, that such action if done at the instance of
any person, firm, or corporation shall involve the City in no expense;
provided, further, that no more than one bond of the amount herein-
after specified shall be required of any one person, firm or cor-
poration during the term of the bond hereinabove provided, unless
recovery shall be had upon said bond in any action or actions at
law as herein provided so as to exhaust the obligation contained
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in said bond in which event the Mayor shall require a new bond to
be executed; which bond shall be governed by the same formalities
and conditions as herein prescribed; provided further, nothing here-
in shall be construed to relieve said person, firm, or corporation,
from complying with Article 5160 of the Revised Civil Statutes of
Texas , or with Resolution No . 318 of the City of Wichita Falls .
In the event that the work is to consist of sidewalks, curbs, curb-
cuts; or driveways only; then the amount of the bond shall be
*2,000.00; and if the work is to consist of any other type of paving,
then the amount of the bond shall be *10,000. 00. However the City
shall have the right to require additional bond on any work done
under contract for the City provided the same is required in the
special instructions to bidders .
SECTION 5. The City Engineer shall issue a permit here-
under when he finds:
A. That the plans for the proposed operation are
correct according to good engineering principles and
B. That the work shall be done according to the standards
and specifications of the City for public work of
like character and with the minimum requirements as
set forth in Resolution No. 318, passed and approved
the 27th day of January, 1958, and
C . That the operation will not unreasonably interfere
with the vehicular and pedestrian traffic , the
demand and the necessity for parking space and the
means of egress to and from the property affected
and the adjoining properties and
D. That the health, welfare, and safety of the public
will not be unreasonably impaired.
SECTION 6, All operations for which a permit is granted
hereunder shall be done under the direction and supervision of the
Director of Public Works of the City of Wichita Falls.
SECTION 7. Where the use, convenience, and necessity of
tho public require. the Director of Public Works shall have auth-
olity to order the owners or agents in charge of the property adjacent
be which curb-cuts are maintained to alter the curb-cut in such
manner as he shall find reasonably necessary under the circumstances
and where the nature of the use of the abutting property is changed,
to order the owner or agents in charge of said property to alter
or construct the curb-cuts in such manner as he shall find reason-
ably necessary under the circumstances .
The notice required by this section shall:
A. Require compliance by the permitee within 90
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A days after the notice is received.
B. Be in writing.
C . Be served upon the permitee by United States
Registered Mail.
SECTION 8. Any person, firm, partnership, association,
corporation, company or organization of any kind violating any pro-
vision of this ordinance shall be guilty of a misdemeanor and upon
conviction shall be fined not less than $25.00 nor more than
$200.00. Each day this ordinance is violated shall be a separate
offense .
SECTION 9 . It is the intention of the Board of Aldermen
that each separate provision of this ordinance shall be deemed
independent of all other provisions herein and it is the further
intention of the Board of Aldermen that if any of these provisions
of this ordinance be declared invalid for any reason, all other
provisions thereof shall remain valid and enforceable .
SECTION 10. Chapter 2 of the Codification of Ordinances,
City. of Wichita Falls , Texas , 1941, and all other ordinances in
conflict herewith are hereby expressly repealed. Provided, nothing
herein shall be construed to affect existing rights and obligations
under all bonds executed prior to the effective date of this ordi-
nance .
SECTION 11. Due to the fact that this ordinance covers
all improvement contracts on the public right-of-way within the
City of Wichita Falls and repeals all ordinances in conflict here-
with, creates an urgent public need for the preservation of the
peace, health, and safety of the property of the City of Wichita
Falls, an emergency is hereby declared and upon final passage of
this ordinance , the same shall become effective immediately.
PASSED AND APPROVED this g day of a'd��,��
A. D. 1961.
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