Ord 306 9/23/1920 r
ti
STATE OF TEXAS
COUNTY OF WICHITA KNOW ALL MEN BY THESE PRESENTS:
That we as principal and
as sureties are held and firmly
bound unto the Mayor of the City of Wichita r'alls,Texas in the penal sum
of Two Thousand and NB/100 (J2000) Lollars,to the amount of which well
and truly to be made,we hereby bind ourselves,and our heirs,exf�cutors,
a&minstrators,successors and assigns,firmly by these presents :
Dated this day of 192
'rhe condition of the above obligation is such that where-
as the above Bounden has made application to the City of Wichita Falls,
Texas,for a permit to do certain sidewalk,curb and driveway improvements
in said Uity,which are fully described in said applisation and here re-
ferred to for a better descrilition of same,and has agreed to comply with
and carry out all the terms,conditions,and stipulations,of all ordinances .
Charter provision and la- s of said City and especially of Ordinance No.306
passed and approved on the 23rd day of September* 1920,by the Board of
Aldermen of said City,entitled "An orAinance requiring a permit from the
City engineer before any person,firm,corporation or agent thereof shall
construct,reconstruct or repair any sidewalk,dtiveway,or curbing within
the City of Wichita Fallg,stating the conditions under which said permit
is granted and providing for a penalty and also to give bond required there-
in.
Now therefore,if the said shall
well and truly carry out and perform all the terms,conditions and sitpula-
tions,of all ordinances,Charter provisions,and laws of the City of Wichita
Falls,Texas and especially Ordinance NA.306 as above mentioned then
the ]tbovs obligation to be null and void,ot-~ erects• to be and to remain
in full force and effect.
r nc lea
ORDINANCE NO. 306.
"AN ORDINANCE REQUIRING A PERIyTIT FRO IT THE CITY
ENGINEER REFOPE ANY P3R_SON, FIR14, CORPORATION, OR AGENT TH 4�'OF
SHALL CONSTRUCT, RECONSTRUCT, OR REPAIR ANY SI_�ZJALn,DRIVVAY
OR CURBING r"ITHIN THE CITY OF `:MICHITA irALLS,STATING THE CONDITIONS
UNDE^ WHICH SAID P R IT IS GRANTED AND 'I"ROYIDING FOR A PE=dALTY".
BE IT ORDAINED BY THE" BOARD OF ALD��.. OF THE CITY
OF '.I'ICHITA FALLS, TZCAS.
SECTION 1. That no person, firm or corporation shall
construct, reconstruct or repair such sidewalk, driveway or curb-
ing under the supervision of the City engineer, and in accordance
with the plane:. and specifications as may be prepared by the City
�£ Engineer under/'he direction of the City Council; provided, that
in the construction, reconstruction or repair of any sidewalk,
driveway or curbing b., any person, firm or corporation, such work
must be done to he satisfaction of the City engineer, and must
be finally accetted and approved by him.
SECTION 2. Tgat it shall be the duty of any owner
agent or contractor before the construction, reconstruction or
repair of any sidewalk, driveway or curbing along and abutting
on the property of such owner or over which such agent has con-
trol or in front of %,,hich such contractor intends to make such
donstruction, reconstruction or repair to notify in writing the
water & light, and gas companies of any such intention to con-
struct, recons truct or repair such sidewalk, driveway or curb-
ing within a reasonable time before such work shall begin, in
order that all water, gas and sewer pipes and connections may be
properly placed before said sidewalk, driveway or curbing is cons-
tructed or repaired; and after said sidewalk driveway, or curbing
has been constructed reconstructed or repaired, it shall not be
lawful for such sidewalk, driveway or curbing to be opened or tak-
en up without a written permit having been first obtained by such
owner, agent or contractor from the City Engineer.
SECTION 3. That any person, firm or corporation con- ,
structing, reconstructing or repairing any sidewalk, driveway or cub
ing shall, during the ti ne that such work of construction, reconstr-
uction or repair is going on, keep all gutters open so as not to
interfere with the drainage of same and shall remove from the work
or from in or about said work, upon the completion of said worm
all building material or other accumulation of debris that may
exist in and around such sidewalk, driveway or curbing by reason
of the construction, reconstruction or repair of same.
SECTION 4. That it shall be, and it is hereby made,
the duty of the owner or owners of any lot, lots, or any real
estate of any kind within the li its of the City of Vlichita Falls
in front of or along which a sidewalk, driveway or curbing is to be
constructed, reconstructed or repaired to conform the sidewalk
abutting upon such property, and lying between such property line
and the proper curb line in said street, to the grade estpblished
by the City of Wichita Falls, by cutting down or filling ul: the
same , as may be necessary so to conform to such grade, and such
owners, or owner shall pay all costs and expenses of same.
SECTION 5. The City of Wichita. Falls hereby ex-
pressly reserves the right when putting down a permanent street
pavement, either by original construction or reconstruction, to
change or alter the lines and grades of said street, when in the
opinion of the City Council such change is necessary for the
proper pavement or drainage of said street, and without liability
on the part prf athe city by reason of said charge.
In the event that a sidewalk, driveway or curbing the lire or grade
of which is changed is in good condition and does not, in the
opinion of the City Council require entire reconstruction, the
owner thereof shell be given notice as herein provided in ether
cases, to remove the curbing, or to break the sidewalk, or drive-
way back to a point fixed by the City Engineer, and to remove the
broken portion and reconstruct said portion to the lint: and grad
determined by the City Engineer, at the cost of said abutting
owner, unless put down under the supervisions of the City Eng-
ineer and grade furnished by him. In the even, said owner shall
fail or refuse to obey the order of the City Colmeil, he shall
be sub ject to all the penalti es of this article, and the City
Council shall have the right to have said breaking and reconstru-
cting to grade of said sidewalk,dri.veway or curbing done by the
paving contractor, or other person, at the expense of the abutting
owner.
SECTION 6. That the foregoing sections shall apply
to and govern the construction or reconstruction of sidewalk,
driveway or curbing, in connection with the erection of buildings
in the City of Wichita Falls.
SECTIO14 7. That any person, firm or corporation des-
icing to construct, reconstruct or repair any sidewalk, driveway
or curbing within the limits of the City of Wichite Falls shall
before entering upon any of such work, file with the City Clark
a bond, payable to the Yayor of the City of Wichita Fails, in the
penal aum of two thousand (42,000.00) dollars, which bond shall
be approved by the Mayor as to sufficiency and by the City Atto-
rney as to form, and conditioned that all sidewalks driveways or
curbins which are to be constructed, reconstructed, or repaired
by said person, firm or corporation, during the time for which
the said bond is written, shall be done and completed in accord-
ance with the respective contracts therefor, and with said plans
and specifications, and all ordinances relating thereto , and to
the satisfaction of the City Engineer; said bond shall be further
conditioned, that the quality of mater-JE1 used in the construction
of all such sidewalks, driveways or curbings shall be such as is
prescribed by the specifications governtug each contract, and thtt
such sidewalks, driveways or eurbings shall stand the ordinary
wear and tear of traffic without deterioration for a tern: of five
years from the conq?letion thereof; said bond shall be further con-
ditioned that the City bf pVichita. Falls shall be held harmless
from any and all losses, damages, judgments or decrees that the
City riay sustain or be subjected to, directly or indirectly, by
reason of uny faulty construction of such sidewalks, driveways,
or curbings , or any work connected therewith, or for the failure `
of such obligor, his agents or employes, to guard and lig4t pro-
perly all openin;-s 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 th rewith, and fur
ther that such obligor upon tr e completion of each sidewalk,drive-
way or curbing shall remove all building materiels and accumulation
of debris from the street in which any sid.ewalk, driveway or cur-
bing is built, arising through or in connection with such. constr-
uction. The City of Wichita Falls, or any Berson, firm or corpor-
ation who shall be damaged by reason of the default of any of the .
condi V ons of said bond, is authorized to bring suit in the name
of the City of Wichita falls for the use and benefit of such person
firm or corporation, against the obligor of said bond, and to pro-
secute the same to final judgr:ent and exec,stion; provided, that
such action if done at the instance of any person, firm or corpo-
ration shall involve the City in no expense; provided, further,
that no more than one bond of the amount above specified shall be
required of any one person, firm or corporation 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 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, that any such person, firm
or corporation may, at the option of such person, firm or cor-
poration, give a bond, conditioned and payable as herein provided,
in such amount as may be fixed bV the City Engineer for each
particular work contracted for, which bond may be given in lieu
of the general bond herein provided, and which bond may be sued
upon as hereinabove provided, but such bond shall not entitle$
such person, firm or corporationto do more work than is specified
in such bond.
SECTION 8. That a fee small be paid before a per-
mit can be secured under the provisions of this ordinance, which
shall partially cover the cost to the City for making the nece-
" ssary surveys and drawings, setting line and grade stakes, and
performing the inspection of work and materials. The minimum fee
for such permit shall be Five Dollars ( 5.00) where the work to
be done or performed is not over 100 lineal feet in length; 11ro-
vided that in the event such work to be done or performed is more
than 100 lineal feet there shall be an additional fee for such
permit of two cents W) per lineal foot in excess of the first
Hundred lineal feet.
S.ECTIOYI 9. That all ordinances and parts of ordinances
in conflict with the provisions of this ordinance are hereby
repealed, and all ordinances and parts of ordinances relating to
the construction of sidewalks, drivewa-Ts or enrbings not in con-
flict with the provisions of this ordiraiice shall be. cumulative
of the provisions of this ordinance and shall remain in full force
and effect.
SECTIOrT 10. That any person constructing, recon-
structing, repairing or regrading any sidewalk, driveway or
curbing, who shall fail first to give the bond above required,
or who shall construct any sidewalk, driveway or curbing on any
other line and grade than that given by the City Engineer, or
without obtaining a permit therefor, as herein required, or who
shall violate any other provision of this article, shall be
deemed guilty of a misdemeanor, and upon conlietion, shall be
fined not less than Five Dollars ( $5.00) nor more t1lan Two
Hundred Dollars 0200.00) .
SECTIOD 11. All ordin,rlces in conflict with the
above are h::reby expressly repealed.
Passed and approved this 23rd day of bey t. 1920.
ATTEST:
Mayo r.
City Clerk