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Ord 65 Regulating construction or repair of curb and guttersORDINANCE NUMBER 65 AN ORDINANCE OF THE TOWN OF WESTLAKE REGULATING THE CONSTRUC- TION OR REPAIR OF CURB AND GUTTER; REQUIRING PERMIT, ESTABLISHING FEE FOR INSPECTION; RE- QUIRING BOND, EXCLUDING HOME OWNERS; REQUIR- ING SUPERVISION; REQUIRING WARNING DEVICES FOR TRAFFIC PROTECTION: DECLARING EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, that: SECTION 1. DEFINITION. The term T°curb and gutter", as used in this article shall include curbs, combina- tion curb and gutter, driveway approaches and sidewalks; providing, in such case, that the article shall state the kind of curb and gutter, driveway approach, or sidewalk to be constructed, reconstructed or repaired or may merely direct the construction, reconstruction or repair of a curb, or curb and gutter, or driveway approach or sidewalk alone. SECTION 2. COUNCIL TO DETERMINE NATURE AND EXTENT OF IMPROVEMENT, The City Council shall, from time to time, fix and determine the nature and extent of curb and gutter improvements and the kind of material and construction in such improvements. SECTION 3. PERMIT. No person shall construct, reconstruct, alter, repair, remove or replace any curb and gutter on any public property within the city limits, without first obtaining from the engineering department a permit so to do. No such permit shall be granted unless the two (2) year maintenance bond provided for in Section 5 is in full force and effect at the time of request for such permit and the doing of the work. No person having a bond to construct, reconstruct, al- ter, remove or replace curb and gutter on public property with the.city shall be permitted to take out a permit for the reconstruction, alteration or repair of any curb and gutter on any public property within the city and allow any person other than the bona fide holder of such bond to do any of the above described work. SECTION 4. PERMIT FEES. No person shall be granted a permit to construct, reconstruct, alter, repair, re- move, or replace any curb and gutter on any public property, without paying certain fees to the city for inspection of each work, as follows: (a) Curb and gutter - $0.025 per lineal foot measured along the gutter, with a minimum fee of $1,00, (b) Driveway approach - $0.05 per lineal foot, measured at the property line, with a minimum fee of $1.00. 1 Ordinance No. 65 (c) Sidewalk -- $0.05 per linear foot, measured along the center line with a min- imum fee of $1.00. SECTION 5. BOND REQUIRED. No person shall construct, reconstruct or repair any curb and gutter in the City without executing and delivering to the city a bond in the sum of $2,500.00 payable to the Town of Westlake, Tarrant and Denton Counties, Texas, from the approved surety company. Such bond shall be conditioned that all work done in the construction, reconstruc- tion or repair of any curb and gutter shall be done in a good and workmanlike man- ner, and that such person shall faithfully and strictly comply with the specifica- tions and with the terms of the City Code and such ordinances, resolutions or regulations that may be passed by the City Council governing and relating to the construction, reconstruction or repair of curb and gutter, and that the city shall be fully indemnified and be held whole and harmless from any and all costs, expense or damage, whether real or asserted, on account of any injury done to any person or property in the prosecution of such work, or that may arise out of or be occasioned by the performance of such work. Such bond shall be conditioned further that the principal shall, without additional cost to the person for whom the work was done, maintain all curb and gutter so constructed, reconstructed or repaired by the prin- cipal for a period of two (2) years from the date of final acceptance of such con- struction, reconstruction or repair to the satisfaction of the engineering department of the city at any time within two (2) years after the final acceptance of the con- struction, reconstruction or repair of such curb and gutter and after ten (10) days notice from the engineering department to reconstruct or repair the same, and that the opinion of the engineering department as to the necessity of such reconstruction or repair shall be binding on the parties thereto. Such bond shall., for the purposes mentioned above, be in force for two (2) years after the final acceptance of any curb and gutter which is constructed, reconstructec or repaired and one recovery shall not exhaust the bond, but such bond shall be a continuing obligation against the sureties thereon until the entire amount therein provided for shall have been exhausted. In case the bond shall be decreased on account of any recovery which may be obtained, arising out of the violation of any condition of the same, the City Council shall require, upon notice to it of such fact, an additional bond to be given in accordance with this section in an amount sufficient, when added to the nonexhausted amount of the original bond, to be at all times equal to the sum of two thousand five hundred dollars ($2,500). The City may, for itself or for the use and benefit of any person injured or dam- aged by reason of any defective construction, reconstruction or repair of any curb and gutter by any person, maintain suit on such bond in any court having juris- diction thereof, or suit may be maintained thereon by any person injured or dam- aged by reason of the failure of any person. who shall construct, reconstruct, or repair any curb and gutter in the city to observe the conditions of such bond. SECTION 6. HOMEOWNERS EXCLUDED. Nothing herein contained shall prohibit a bona fide homeowner from personally con- structing, reconstructing, or repairing any driveway approach or sidewalk adjacent to his own property, provided that the owner shall apply for and secure a permit, pay the required fees, do the work in compliance with the specifications of the city, and apply for an inspection. PA Ordinance No. 65 No bond shall be required of an owner un.cler this section, provided such work shall be by himself, for himself, on his own homestead premises, and without compensation, and no person shall be employed to assist him in any way on such work. SECTION 7. SPECIFICATIONS. Curbs and gutter shall be constructed, reconstructed or repaired in accordance with the curb and gutter specifications for the city. Attached hereto is Exhibit A and on file in the office of the City Engineer. SECTION 8. SUPERVISION AND APPROVAL OF WORK. All work done in construction, reconstruction, alteration, repair, removal or re- placement of curb and gutter shall be done under the supervision and subject to the direction and approval of the city engineering department whose decision shall be final. SECTION 9. WARNING DEVICES REQUIRED FOR PROTECTION OF TRAFFIC. During construction for which a permit shall see that the necessary lanterns' pedestrian or vehicle traffic will not SECTION 10. EMERGENCY CLAUSE is required by this article the contractor or other warning lights are placed so that be injured in any manner. In order to protect the Health, safety and welfare of the citizens of the Town of Westlake, this Ordinance is hereby adopted as an emergency measure and shall be in full force and effect from and after this date of passage. PASSED AND APPROVED THIS 1�q day of ,� -rs�r ,, ✓ 197< . APPROVED: Mayor ATTEST: Ci -Ey Secreta]' 3 EXHIBIT A TOWN OF WESTLAYE SPECIFICATIONS FOR THE CONSTRUCTION OR REPAIR OF CURB AND CUTTER I. DEFINITION. The term "curb and gutter", as used in this article shall include curbs, gutters, combination curb and gutter, concrete valley gutters, driveway approaches and sidewalks; providing, in such case, that the article shall state the kind of curb and gutter, driveway approach, concrete valley gutter, or sidewalk to be constructed, reconstructed or repaired or may merely direct the construction, reconstruction or repair of a curb, or curb and gutter, or driveway approach or sidewalk alone. These specifications shall govern improvements placed within or on any public property or public easement within the City Limits. II. PLANS. All plans and profiles for new curb and gutter construction, or for repair and rebuilding of existing curb and gutter shall be reviewed and approved by the City Engineer. After the approval of the City Engineer has been obtained and so noted on the original plan and profile sheets, three copies of the approved drawings must be furnished the engineering department prior to the commencement of any work. Plan and profile sheets for new curb and gutter construction shall be 22 -inch by 36 -inch, drawn by and bear the seal of a registered pro- fessional engineer. III. MATERIALS. Curb and gutters shall be composed of concrete made from materials and constructed in accordance with these specifications, and have a 28 -day compressive strength of 2,500 PSI with a minimum of 42 sacks of cement per cubic yard. IV. STANDARD DETAILS. Concrete curb and gutter shall be 24 -inches wide, a minimum of 6 -inches thick and shall have a 6 -inch standard curb section. The curb and gut- ter shall be reinforced with two 3/8 -inch steel reinforcing bars through- out the entire length of the curb and gutter. Concrete gutter shall be a minimum of 24 -inches wide, a minimum of 6 -inches thick, and shall be reinforced with two 3/8 -inch steel re- inforcing bars throughout the entire length of gutter. Concrete sidewalks shall be a minimum of 4 -feet wide, a minimum of 4 --inches thick, and shall be reinforced with 3/8 inch steel reinforcing bars on 24 -inch centers. In lieu of bar reinforcement, 6 -inch by 6 -inch welded wire fabric may be used. 19 V. VI. VII. Concrete valley gutters shall be a minimum of 8 -feet wide, a minimum of 6 -inches thick, and shall be reinforced with 3/8 -inch steel rein- forcing bars on 24 -inch centers. Concrete driveway approaches shall be a minimum of 5 -cinches thick and shall be reinforced with 3/8 -inch steel reinforcing bars on 24 -inch centers. In lieu of bar reinforcement, 6 -inch by 6 -inch 10 gauge welded wire fabric may bg used. Concrete driveway approaches shall have a rise of not less than 611 nor more than 914 from the gutter to a point 10' behind the gutter. EXCAVATION. The subgrade shall be made to lines and grades as shown on the plans and profiles or as required by the City Engineer. All soft, yielding or other unsuitable and unstable materials shall be removed and replaced with acceptable material compacted to 95% standard procter density or as approved by the City Engineer. The subgrade shall have a 1 -inch thick layer of clean cushion sand evenly spread under all curb and gutter and shall be wetted prior to plac- ing of any concrete. Where the subgrade beneath the curb and gutter or forms has been undercut to a depth of 3 -inches or more the sub - grade shall be restored to the required subgrade by tamping to a density of 95% standard proctor density or as approved by the City Engineer. FORMS. The forms shall be of wood or metal, straight and free from warp, and of sufficient strength to resist springing during the process of pour- ing concrete. Straight forms of wood shall be a 2 -inch nominal thick- ness surfaced plank, or of metal of an approved section with a flat surface on top and bottom. Forms for use on radii may be of flexible wood or metal. The forms shall be of a depth equal to the depth of the concrete section with which they are in contact, and so designed to permit secure fastening together in correct position. Forms shall be securely staked, braced, and firmly held to the required line and grade. All forms shall be cleaned thoroughly, oiled and wetted before the concrete is placed against them. REINFORCEMENT. All curb and gutter shall have steel bars of the size and length specified and as shown on the standard detail sheet for the Town of Westlake. Wire mesh tall consist of sheets of the size and length specified and as shown on the standard detail sheet for the Town of Westlake. Wire mesh will be permitted in the construction of sidewalks and driveway approaches only. 5 VIII. CONCRETING AND INSPECTION. No concrete shall be placed unless the subgrade, forms and reinforcement, have been inspected and approved by the Engineer. Concrete shall be de- posited on a moist subgrade. During placing, the concrete shall be thor- oughly spaded next to the forms, and shall be carefully tamped, using an approved tamper, in uniform layers not exceeding 6 -inches in depth, until a uniformly dense concrete is obtained. As soon as the concrete has set sufficiently to retain its shape without support of the forms, the clamps and spreaders may be removed. It shall be the responsibility of the contractor to request inspection three (3) hours in advance to allow the Engineer a reasonable period of time in which to make the inspection. IX, CONSTRUCTION. All honeycombed areas disclosed by removal of forms shall be immediately corrected by use of cement mortar. Excess working of the surfaces shall be avoided; excess water, laitance, and inert materials shall be removed from the surfaces. The top of all the work and the face of all curbs will be checked for ir- regularities as soon as the surface is finished, using a 10 -foot straight- edge; all variations greater than 4 -inch in 10 -feet shall be immediately corrected. The edges of the concrete, including edges at expansion joints, shall be neatly edged to the required radius with an edging tool. Standard, special and rolled curb, with or without gutter, shall be poured in sections of the length indicated on the plans, in general, they shall be marked in 10 -foot sections; every fourth joint shall be a 3/4 -inch expansion joint filled with premolded bituminous fiberboard. The contraction joints, to be constructed every 10 -feet, shall be constructed by cutting the moist concrete to a depth of at least 3 -inches and jointing with an approved grooving tool. All joints shall be perpendicular and at right angles to the face of the curb. Separate gutter shall be poured in sections of the length indicated on the plans; in general, they shall be marked in 10 -foot sections with expansion joints as located by the Engineer. Sidewalks shall be poured in sections of the lengths indicated on the plans; in general, they shall be tooled ;in 5 -foot sections. One-half inch expan- sion joint shall be placed every eight joints, or where new work abuts old work, or where new work is constructed adjacent to other concrete work, walls, foundations, curb and gutters, etc. The joints shall be filled with pre - molded bituminous expansion joint filler and shall extend the entire depth. and width of the concrete section. Driveways shall be poured in sections of the lengths indicated on the plans; in general, they shall have contraction joints not more than 15 -feet apart, R X. ►ray!! both transversely and longitudinally. One-half inch expansion joint shall be placed on the property line between the approach and driveway. The joints shall be filled with premoulded bituminous expansion joint filler and shall extend the entire depth and length of the concrete sections. Residential driveways shall have a minimum five (5) foot radius and the width measured at the property line. Residential driveways shall not be less than nine (9) feet in width nor more than twenty (20) feet in width unless specifically approved by the City Engineer. Commercial driveways shall have a minimum ten (10) foot radius and the width measured at the property line. Commercial driveways shall not be less than twelve (12) feet in width nor more than thirty-five (35) feet in width unless specifically approved by the City Engineer. Each drive- way approach will be separated with a minimum of twenty (20) feet upright curb and gutter to provide for a safety zone, traffic flow and drainage design, unless specifically approved by the City Engineer. Industrial and ma-aufacturing driveways shall have a minimum fifteen (15) foot radius and the width measured at the property line. Industrial and manufacturing driveways shall not be less than twelve (12) feet in width nor more than forty-five (45) feet in width, unless specifically approved by the City Engineer. Each driveway approach will be separated with a minimum of twenty (20) feet upright curb and gutter to provide for a safety zone, traffic flow and drainage design, unless specifically approved by the City Engineer. FINISH. The exposed surfaces of sidewalks, valley gutters and driveways shall have a monolithic finish by floating with a wooden float until a slight excess of sand appears on the surfaces. In no case shall the surface be left slick or with a glossy finish. The edge of all concrete shall be neatly rounded to the required radii with an edging tool. The exposed surface of curbs and curbs with gutter shall be shaped with a T'mechanical mule".. and brushed with a wet brush at right angle to the line of the curb to produce a uniform textured surface. The edges shall be neatly rounded off to the required radii. CURING. The curing of concrete shall continue for seventy-two (72) hours. Curing may be performed by one of the following methods: a. Burlap or cotton mats shall be kept completely saturated at all times for a period of at least seventy-two (72) hours after the concrete is placed. If burlap is used, three (3) layers will be required. b. Waterproofed paper of sufficient strength and of a type approved by the Engineer may be used for final curing. Waterproofed paper shall be prepared to form blankets of sufficient width to cover the entire 7 XII XIII. XIV. surface and both edges of the concrete section to be cured. Blankets shall be placed to secure an overall lap of twelve (12) inches, and this lap shall be securely weighed to form a closed joint. Paper blankets may be rejected by the Engineer at any time when, in his opinion, they do not provide an airtight covering. The paper blankets shall remain in place for a period of not less than seventy-two (72) hours. C. Impervious membrane shall be applied uniformly to the pavement promptly after the surface water sheen has disappeared. The membrane curing compound shall be sprayed in one application at a rate of not less than the rate recommended by the manufacturer. The concrete surface to which membrane curing compound has been applied shall be protected from abrasion or damage which results in perforation of the membrane film during the first seventy-two (72) hours after application. TESTING. A recognized testing laboratory approved by the Engineer shall be selected by the contractor for various tests to be made at the instructions of the Engineer. The tests will be made at the expense of the contractor and the reports will be mailed directly to the Town of Westlake with copies being submitted to the contractor. The following tests will be made at locations that may be questionable and as located by the Engineer. 1. There will be a set of two (2) test cylinders or flexural beams made for each twenty-five (25) cubic yards, or more of continuous pouring of con- crete. 2. There will be a set for every single pour of less than twenty-five (25) cubic yards continuous pouring. BACKFILL. Backfill shall be made of select materials as soon as forms have been removed and the required finishing operations completed, The backfill shall be thor- oughly compacted in layers not exceeding 6 -inches in depth, loose measurement, and shall be neatly graded to the top of the curb and gutters. Care shall be taken not to damage or injure the concrete in placing and compacting the backfill. FINAL ACCEPTANCE. Upon final inspection of the curb and gutter, the City Engineer will issue a letter of acceptance to the developer or builder with a copy to the contrac- tor if the curb and gutter has no defects, if not, a letter detailing what steps must be taken in order to correct the defects will be sent. The con- tractor will be allowed fifteen (15) days to correct any defects from the date of rejection. Should the contractor fail to remedy said defects, there shall be a penalty of $25.00 a day from the 16th day until the defects are repaired. 0