CHAPTER 94: STREETS AND SIDEWALKS

Section
Construction and Improvements; General Requirements
94.001 Construction; conformance to standards
94.002 Improvements; permission required

Street Contractors
94.015 Definition
94.016 Standards
94.017 Bond required; form
94.018 Bond; suits and recoveries
94.019 Bond; revocation
94.020 Work permit required; completion date
94.021 Work to conform to plans and specifications
94.022 Removal of unapproved improvements
94.023 Certificate of acceptance required

Excavations
94.035 Permit required; exceptions
94.036 Permit application; repair agreement
94.037 Bond
94.038 Minimum specifications
94.039 Expense; responsibility of applicant

Driveways; Construction
94.050 Definitions
94.051 City or state control
94.052 Permit required; term; fee
94.053 Permit application; sketch requirements
94.054 Bond
94.055 Inspection; approval; correction of noncompliance
94.056 Warranty
94.057 Safety; barricades and lights
94.058 Construction standards
94.059 Variances

Street Usage Restrictions; Drainage
94.070 Storage or sale of personal property
94.071 Games and sports in streets
94.072 Congregating on sidewalk
94.073 Hauling rock, gravel, cinders, and the like
94.074 Loads to be covered
94.075 Diverting natural flow of water
94.076 Gutter use

Plants and Objects Interfering With Traffic
94.090 Notice of violation
94.091 City Manager; authority to remove
94.092 Plants higher than three feet
94.093 Preventing free passage on sidewalk
94.094 Distance from fire hydrant
94.095 Minimum clearance over sidewalk
94.096 Fences

Utility Fixtures in Public Ways; Requirements
94.110 Inspection
94.111 Location of poles
94.112 Poles to be stamped
94.113 Supports for electric conductors
94.114 Number of wires on a pole
94.115 Insulation of arc lamps
94.116 Regulations apply to franchises and permits

Utility Fixtures in Public Ways; Rental Charge
94.130 Definitions
94.131 Imposition; amount; payment
94.132 Exemptions
94.133 Payor reports; gross receipts; industrial and governmental customers
94.134 Examination of records
94.135 Receipt for payment
94.136 Charge separate from taxes
94.137 Other laws apply
94.138 Not a grant of franchise
94.139 Right of regulation

Abandonment or Vacation of Streets and Alleys
94.150 Control; purpose
94.151 Abandonment procedure
94.152 Abandoned street or alley; sale
94.153 Costs; indemnity

94.999 Penalty
Appendix A: Form of Street Contractor or Excavation Bond
Appendix B: Form of Work Permit and Certificate of Acceptance

CONSTRUCTION AND IMPROVEMENTS; GENERAL REQUIREMENTS

§ 94.001 CONSTRUCTION; CONFORMANCE TO STANDARDS.
(A) All streets, driveway entrances, and sidewalks to be constructed within the city limits or within
the extraterritorial jurisdiction of the city shall conform to the standards promulgated by the State
Department of Highways and Public Transportation.

(B) Driveway entrances must meet street at grade and have permit.
(Prior Code, § 17-1)

§ 94.002 IMPROVEMENTS; PERMISSION REQUIRED.
It shall be unlawful for any person to open, alter, widen, grade, pave squeegee, or otherwise improve
any street, alley, public commons, grounds, or highway of the city both upon, above, and below the surface thereof, without permission of the Council.
(Prior Code, § 17-2) Penalty, see § 94.999

STREET CONTRACTORS

§ 94.015 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly
indicates or requires a different meaning.

CONTRACTOR. Includes all persons constructing, repairing, rehabilitating, or improving streets or
public ways in the city, whether doing the work for themselves or for others.
(Prior Code, § 17-50) (Am. Ord. passed 1-8-1996)

§ 94.016 STANDARDS.
All work performed hereunder shall be in accordance with the standards set forth in the North Central
Texas Council of Governments publication entitled Standard Specifications for Public Works Construction, as it presently exists or is hereinafter amended.
(Prior Code, § 17-60) (Am. Ord. passed 1-8-1996)

§ 94.017 BOND REQUIRED; FORM.
(A) Any person engaged in the construction, repair, or improvement of the streets or public ways of
the city as defined by the city map and its additions and revisions, shall be required to execute a good and sufficient bond in the sum of $10,000, payable to the city and conditioned that the contractor will faithfully perform the work in accordance with the provisions of this subchapter. The bond shall be approved by the City Controller and deposited with him or her before any contractor shall engage in the business of making, constructing, laying, removing, or repairing roadbeds, surfaces, or structures or other street improvements in the streets or public ways of the city. The bond may be waived by the city, at its sole discretion, if the contractor furnishes to the city a general liability insurance policy issued by a reputable insurance company in the state that is licensed to do business in this state, in the amount of $1,000,000, naming the city as an additional insured. If the work being performed under the contract exceeds $1,000,000, the policy should be at least double the cost of the work being done within the city.
(Prior Code, § 17-51)

(B) No permit shall be issued to any person, firm, or corporation until that person, firm, or corporation
shall have filed a bond in the sum of $10,000 with a good and sufficient surety with the City Secretary, or liability insurance as set forth above, if approved by the City Engineer or his or her delegate. This bond shall be effective as to any permit for a period of one year after the permit is issued and shall cover all permits issued to the principal of that bond as long as the bond is on file. The form of the bond shall be as set forth in Appendix A of this chapter.
(Prior Code, § 17-52)
(Am. Ord. passed 1-8-1996)

§ 94.018 BOND; SUITS AND RECOVERIES.
Any person having a cause of action against any contractor because of defective or faulty materials
or workmanship with respect to any street construction work done or performed by that contractor is
hereby authorized to sue on the bond, if any, filed in accordance with § 94.017(A), without impleading the city, or the city may maintain the suit. The bond shall not be exhausted by the first recovery, but shall be subject to successive recoveries for damage accruing to any person or the city, by reason of any defective or faulty material used by or by reason of any defective or faulty workmanship of the contractor.
(Prior Code, § 17-53) (Am. Ord. passed 1-8-1996)

§ 94.019 BOND; REVOCATION.
Any violation of this subchapter by a contractor shall be sufficient grounds for the City Council to revoke and cancel the bond theretofore filed by the contractor. This revocation or cancellation shall be in addition to any penalty imposed upon the conviction for that violation.
(Prior Code, § 17-54) (Am. Ord. passed 1-8-1996) Penalty, see § 94.999

§ 94.020 WORK PERMIT REQUIRED; COMPLETION DATE.
(A) Any contractor contracting for the construction, repair, or demolition of any of the streets and public ways of the city shall first obtain a permit for a fee of $10 or any greater amount that may be established by the city from the City Engineer or his or her delegate before commencing any work of this type.

(B) These permits must include a completion date for the work. Completion date is to be established
by the city, at its sole discretion, based upon the plans and specifications submitted to it by the contractor. If work is not completed within the time set forth in the permit, the city may, at its option, terminate the job, extend the completion date, or require the issuance of a new permit and subsequent fee. Any work not performed in accordance with the terms of the permit will be also subject to a fine of $200 per day for each day work is not completed.
(Prior Code, § 17-55)

(C) The permit which each contractor shall be required to obtain from the City Engineer before doing
any of the street work mentioned in this subchapter shall be as set forth in Appendix B of this chapter.
(Prior Code, § 17-59)
(Am. Ord. passed 1-8-1996)

§ 94.021 WORK TO CONFORM TO PLANS AND SPECIFICATIONS.
All street construction work by a contractor shall be performed according to the plans and specifications on file in the city offices at the time of that work and the lines and grades furnished by the City Engineer, or in accordance with those plans and specifications as may be prescribed and adopted by the City Council.
(Prior Code, § 17-56) (Am. Ord. passed 1-8-1996)

§ 94.022 REMOVAL OF UNAPPROVED IMPROVEMENTS.
Any street subgrade, surface, structure, or other street improvement not approved by the City
Engineer, because of any defective or faulty material or workmanship, or because the work fails to comply with the prescribed plans and specifications, shall be removed by the contractor or his or her bondsmen free of cost or expense to the owner or the city, and the work area restored to a condition approximating the natural condition existing prior to the beginning of the work.
(Prior Code, § 17-57) (Am. Ord. passed 1-8-1996)

§ 94.023 CERTIFICATE OF ACCEPTANCE REQUIRED.
(A) When the contractor completes any work done under a permit issued in accord with this subchapter, he or she shall obtain a certificate of acceptance of the work from the City Engineer or his or her elegate.
(Prior Code, § 17-58)

(B) The permit which each contractor shall be required to obtain from the City Engineer before doing
any of the street work mentioned in this subchapter, and the certificate of acceptance which the contractor shall obtain from the City Engineer after completion of the work, shall be as set forth in Appendix B of this chapter.
(Prior Code, § 17-59)
(Am. Ord. passed 1-8-1996)

EXCAVATIONS

§ 94.035 PERMIT REQUIRED; EXCEPTIONS.
(A) No person, firm, or corporation, or combination of them, shall hereafter dig any holes or trenches
upon, through, or beneath the streets, avenues, alleys, squares, and public grounds of the city, nor lay any pipes, mains, laterals, or any connecting or service pipes, nor any underground sewer or underground wiring along, across, or beneath the streets, avenues, alleys, squares, and public grounds of the city, without first having filed with the City Engineer or his or her delegate an application and plan in writing to do so and without having first obtained a formal written approval of that application and map and a permit to perform that work, except in the following cases.

(1) No permit shall be required of any utility company to set utility poles in any street or alley,
but each utility company shall, once each calendar month in which the company performs any work within the city, make a report in writing to the City Engineer or his or her delegate, giving the location of each utility pole which it has set in the traveled portion of any and all streets and alleys in the city during the preceding calendar month.

(2) In cases of emergency, utility companies may cut or puncture the traveled portions of streets
and alleys without first getting a permit to do that work, provided that where these cuttings or punctures
are made by any utility company in the traveled portion of a street or alley, that company shall apply for
and obtain a permit for the work on the first working day after the work is done.

(B) All permits granted below shall include a scheduled completion date as set by the city based on
information furnished to it by the contractor.
(Prior Code, § 17-70) (Am. Ord. passed 1-8-1996)

§ 94.036 PERMIT APPLICATION; REPAIR AGREEMENT.
(A) The above application for a permit shall be submitted in that form as the City Engineer or his or
her delegate may prescribe from time to time, and, insofar as applicable, shall follow generally the
requirements prescribed by the ordinances of the city for applications for building permits, in addition to
any other information prescribed by the City Engineer. The application shall be accompanied by a map
or plan of the proposed work.

(B) (1) The permit application shall specify that applicant (permittee) shall cause the excavation to be repaired in accordance with the terms and provisions of § 94.038(B)(1) of this code.

(2) The permittee may, if necessary to preserve the city street and insure it is not unnecessarily damaged by poor or delayed repair, by so requesting in the permit application, obtain the services of the City Street Department to repair the excavation. Repair of any excavations by the city shall be limited to the required repairs from the level of backfill, as set forth in § 94.038(B)(1) of this code, to the installation of the asphalt.

(3) In the event the permittee specifies that services of the Street Department are required to properly and timely repair the excavation as provided in division (B)(2) above, that specification shall be an agreement by the permittee to pay the reasonable cost of labor, materials, and overhead to the city for that repair.

(4) The superintendent of the Street Department may, based upon scheduled demands on the department, the size of the excavation and job, the unavailability of materials or labor, and his or her judgment that repair by the city is not immediately necessary to prevent damage to that street, refuse the request to repair any excavation. In that event, the permittee shall be notified that the city will not perform the repair work and, if a permit is issued, the permittee shall cause the excavation and repair to be in accordance with the terms and provisions of § 94.038(B)(1) of this code.
(Prior Code, § 17-71) (Am. Ord. passed 1-8-1996)

§ 94.037 BOND.
(A) No permit of this type shall be issued to any person, firm, or corporation until that person, firm,
or corporation shall have filed a bond in the sum of $10,000 with a good and sufficient surety with the City Controller. This bond shall be effective as to any permit for a period of one year after the permit is issued and shall cover all permits issued to the principal of that bond as long as the bond is on file. The form of the bond shall be as set forth in Appendix A of this chapter.

(B) The bond may be waived by city staff if furnished a general liability insurance policy issued by a reputable insurance company licensed to do business in this state, for an amount of not less than $1,000,000 or double the value of the work being performed, whichever is greater.
(Prior Code, § 17-72) (Am. Ord. passed 1-8-1996)

§ 94.038 MINIMUM SPECIFICATIONS.
(A) The excavations and the depth, grade, and location of any pipes, mains, laterals, sewer, or wiring
shall be as prescribed by the City Engineer in each case, provided that all excavations made within the
right-of-way of any street or alley or across any square or public grounds within the city limits shall be
made in accordance with the following minimum specifications.

(B) Minimum specifications for excavations are as follows.

(1) (a) If any excavation is made in any street that is now improved with any type of paving, no material from the excavation shall be used to backfill the excavation, except that amount necessary to bed pipe, cable, or conduit to a point ten inches above the top of the pipe, cable, or conduit. This material shall be thoroughly tamped or compacted by a suitable means to ensure maximum compaction. The remaining excavated depth of the excavation shall be backfilled with gravel of a grade known as road gravel, and compacted either by tamping or pounding. Backfill shall be placed to the grade of the finished surface of the surrounding area and opened to traffic for a period of not less than 72 hours. Where required, concrete slab shall be placed immediately after expiration of the 72-hour compaction period. The concrete slab shall be closed to traffic not less than 24 hours before asphalt surfacing is replaced.

(b) Where excavation is in an improved area, all edges shall be cut to a straight line before concrete slab is poured. After backfill has reached maximum compaction, material shall be removed to a depth as specified below and an area extending six inches beyond the area of excavation shall be excavated to the same depth and a slab of class B concrete shall be placed over the area so excavated:

1. If the area is now improved with any type of asphalt surfacing, excavation shall be made to a depth of six and one-half inches and concrete slab shall be five inches in thickness;

2. If the area is improved with brick pavement, the concrete slab shall be of a thickness not less than the existing base and brick surface; or

3. If the area is now improved with concrete pavement, the concrete slab shall be the same thickness and reinforced as the original pavement.

(2) In all other streets, whether unimproved or surfaced with gravel, backfill shall be made in the same manner as provided for other areas, but no concrete slab shall be required.

(3) If excavation is made in any alley that is improved with any type of asphalt, brick, or concrete pavement, backfilling and replacing of surfacing shall be made in the same manner as specified for
excavations made in improved streets.

(4) When excavation is made in any improved area, either streets or alleys, all unused excavated material shall be removed within 24 hours after backfill is completed.

(5) When excavation is made in any unimproved street or alley, the backfilling of the excavation may be made as follows:

(a) Excavated material may be used as backfill to a point within 12 inches of the surrounding area. Backfill shall be placed in layers of not more than eight inches and each layer shall be thoroughly compacted by approved methods. The remaining 12 inches of backfill shall be a good grade of road gravel and this gravel backfill shall be compacted by wetting and tamping. All unused excavated material shall be removed from the alley within 24 hours after backfilling is completed, or if feasible, it may be spread as fill in low places in the street or alley.

(b) No excavated material that is of the consistency of mud shall be used as a backfill material.

(c) All of these excavations, backfill, and repair in streets and alleys shall be in accordance with the drawings, respectively, appearing in the North Central Texas Council of Governments Standard
Specifications for Public Works Construction, as amended.

(6) When excavation is made in an area between curbline and sidewalk line, excavated material may be used for backfill, material shall be thoroughly compacted, and the area finished in a manner equal to that as originally existed.
(Prior Code, § 17-73) (Am. Ord. passed 1-8-1996) Penalty, see § 94.999

§ 94.039 EXPENSE; RESPONSIBILITY OF APPLICANT.
All this type of work shall be performed at the sole expense of the firm or corporation making the application, and without expense to the city.
(Prior Code, § 17-74) (Am. Ord. passed 1-8-1996)

DRIVEWAYS; CONSTRUCTION

§ 94.050 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOND. A surety approved by the City Controller.

CONTRACTOR. Any individual, partnership, corporation, or other legal entity engaged in constructing driveways in the city.

DRIVEWAY. Any driveway, sidewalk, curb, or gutter affected by the construction of any DRIVEWAY
.
PERMIT. The form promulgated by the city inspection office showing approval of proposed construction.

RESIDENTIAL PROPERTY. Any single-family dwelling, duplex, triplex, or four-plex.

ROADS WHICH ARE CONTROLLED BY THE STATE HIGHWAY DEPARTMENT. Any
highway maintained or operated by the state, including but not limited to state highways and farm to
market roads.
(Prior Code, § 17-125) (Am. Ord. passed 1-8-1996)

§ 94.051 CITY OR STATE CONTROL.
All construction of driveways within the city shall be pursuant to this subchapter except roads which are controlled by the State Highway Department.
(Prior Code, § 17-128) (Am. Ord. passed 1-8-1996)

§ 94.052 PERMIT REQUIRED; TERM; FEE.
(A) Before beginning work on a driveway, a contractor shall obtain a permit from the inspection department.

(B) Permits shall expire 180 days after issuance if work has not started.

(C) The fee for this type of permit shall be $7.50 basic fee plus a $2.50 inspection fee, for a total permit fee of $10.
(Prior Code, § 17-120) (Am. Ord. passed 1-8-1996)

§ 94.053 PERMIT APPLICATION; SKETCH REQUIREMENTS.
All permit applications for driveway construction shall include a sketch to scale showing the following
where applicable:

(A) Property line, existing curblines, and inlets;

(B) Location of proposed openings with widths, radii or returns, distances between openings, and distance to property lines; and

(C) Method of construction.
(Prior Code, § 17-126) (Am. Ord. passed 1-8-1996)

§ 94.054 BOND.
(A) Prior to engaging in driveway construction, a contractor shall execute and file with the City Controller a bond in the sum of $1,000, payable to the city and conditioned that the contractor will faithfully perform according to the provisions of this subchapter.

(B) Any person suing a contractor because of substandard driveway construction need not implead the city.

(C) The bond shall be subject to successive recoveries for substandard driveway construction.

(D) Bonds now approved by the Controller are sufficient; however, all new bonds or renewal of present bonds shall meet the above requirements.
(Prior Code, § 17-121) (Am. Ord. passed 1-8-1996)

§ 94.055 INSPECTION; APPROVAL; CORRECTION OF NONCOMPLIANCE.
(A) Upon approval, the office of the inspection department shall issue the permit, which shall be posted at the work site.

(B) When the contractor has the driveway ready for the pouring of concrete, he or she shall notify the
inspection department. The inspection department shall, within a reasonable time, or not longer than two
working days, send an inspector to inspect the preparation and either approve or disapprove of the
preparations and note his or her approval or disapproval in the appropriate place upon the permit.

(1) It shall be unlawful for any contractor to pour concrete for a driveway without the approval of an inspector, from the inspection department, being displayed upon the permit.

(2) A violation of the above division (B)(1) is a misdemeanor.

(C) Any driveway or other improvement not approved by the inspection department because of defective material, faulty workmanship, or failure to comply with plans and specifications shall be corrected to comply by the contractor or his or her bondsmen free of cost or expense to the owner or the city.
(Prior Code, § 17-122) (Am. Ord. passed 1-8-1996) Penalty, see § 94.999

§ 94.056 WARRANTY.
A contractor shall maintain any driveway erected by him or her free from defects for a period of one
year from date of permit free of cost or charge to the owner when the defect is caused by defective
material, faulty workmanship, or noncompliance with this subchapter.
(Prior Code, § 17-123) (Am. Ord. passed 1-8-1996)

§ 94.057 SAFETY; BARRICADES AND LIGHTS.
A contractor shall erect and maintain barricades, lights, and the like, as necessary to protect the public
from damage or injury due to the construction, and shall keep the work site in as safe a condition as
reasonable, including clean-up of debris and other materials not in use.
(Prior Code, § 17-124) (Am. Ord. passed 1-8-1996)

§ 94.058 CONSTRUCTION STANDARDS.
(A) Construction of driveways for other than residential purposes shall be in accordance with the
guidelines set forth in the State Highway Department’s publication Regulations For Access Driveways to State Highways insofar as the regulations are applicable to construction within the city.

(B) Construction of driveways for residential purposes shall be in accordance with the following
guidelines set forth by the city.

(1) All driveway and sidewalk concrete shall be class A, 3,000 PSI compressive strength at 28 days, at least four inches deep, with a sand, rock, or crushed screening base at least two inches deep.

(2) Drive approach concrete shall be class A, 3000 PSI compressive strength at 28 days, at least six (10) inches deep, with a sand, rock, or crushed screening base at least four inches deep.

(3) Wire mesh of No. 9 wire at ten inches O-C’s may be used in lieu of three-eighths inch bars for sidewalk.

(4) Wire mesh of No. 6 wire at ten inches O-C’s may be used in lieu of three-eighths inch bars for driveway and drive approach.

(5) All exposed corners shall be tooled to a one-quarter inch radius.

(6) The width requirements of any drive approach shall be as follows:

(a) A single driveway shall be not less than ten feet nor more than 12 feet wide; and

(b) A double driveway shall be not less than 16 feet nor more than 24 feet wide.

(7) The minimum radius of any drive approach shall be two and one-half feet.

(8) Expansion joints shall be constructed of the following:

(a) Asphaltic expansion joint material;

(b) Redwood; or

(c) Cedar.

(9) Expansion joints shall be located between the drive approach and the driveway in addition to each side of the existing curb. When a concrete drive approach abuts an asphaltic type driveway, no expansion joint shall be required between the drive approach and the driveway.

(10) Dowel material connecting the drive approach to the driveway shall be one-half inch smooth steel, 24 inches in length, and be coated with an improved (approved) material so as to allow free movement. There shall be a minimum of four dowels in a single driveway and six dowels in a double driveway.

(11) The drive approach may be sloped to suit local conditions, but shall not exceed a one foot to five feet ratio.

(12) All existing curbs and valley gutters shall be scored before breaking.

(13) No drive approach shall be situated closer than 15 feet to any radius point of a street intersection.

(14) The finished concrete may either have a broom or washed finish.
(Prior Code, § 17-127) (Am. Ord. passed 1-8-1996) Penalty, see § 94.999

§ 94.059 VARIANCES.
When a contractor desires to vary from this subchapter or referenced guidelines, he or she may appeal
to the Board of Adjustment, and that board may approve or disapprove the variance upon good cause being shown. The inspection department or the contractor may appeal the decision of the Board of Adjustment to the City Council.
(Prior Code, § 17-129) (Am. Ord. passed 1-8-1996)

STREET USAGE RESTRICTIONS; DRAINAGE

§ 94.070 STORAGE OR SALE OF PERSONAL PROPERTY.
It shall be unlawful for any person to store, sell, or offer for sale personal property of any kind or character from or upon any street, alley, park, or other public property in the city, except that a person may use the street, alley, or sidewalk immediately adjacent to the property that person owns, leases, or occupies to temporarily offer for sale personal items as long as the offer for sale does not interfere with the use of the city street, sidewalk, or alley for the use of general public, nor is in violation of any other ordinance or statute.
(Prior Code, § 17-3) Penalty, see § 94.999

§ 94.071 GAMES AND SPORTS IN STREETS.
It shall be unlawful for any person to play any game or engage in any sport or exercise in any highway
or thoroughfare in the city which is likely to injure passengers or interfere with traffic. Streets and alleys
may be blocked to allow by permit the use of a highway or thoroughfare in the city for the use of civic,
religious, or charitable events. This permit will be granted either by the City Manager or the City Council.
(Prior Code, § 17-4) Penalty, see § 94.999

§ 94.072 CONGREGATING ON SIDEWALK.
It shall be unlawful for any number of persons to congregate or stand upon any pavement or sidewalk
in the city in a manner and for a length of time so as to obstruct or inconvenience pedestrians who may be going to or fro in any direction on that pavement or sidewalk.
(Prior Code, § 17-5) Penalty, see § 94.999

§ 94.073 HAULING ROCK, GRAVEL, CINDERS, AND THE LIKE.
(A) Any person hauling, transporting, or carrying any rock, gravel, cinders, or any other material of a like nature, or a mixture of either of these materials in or upon any street, alley, or avenue of the city, paved with vitrified brick, bitulithic, or other material of like nature, shall transport, haul, or carry the same in wagons or other vehicles the beds of which are built closely together, and in a manner so as to prevent the rock, gravel, cinders, and the like, from falling, wasting, or spilling out of the beds of that vehicle and upon any street, alley, or avenue of the city during the course of that transportation and carriage.

(B) The falling, wasting, or spilling from the beds of any vehicle, wagon, or other means of conveyance of any of the materials enumerated in this section upon any above-described street, alley, or avenue of the city shall be prima facie evidence that the beds of the wagon, vehicle, or other conveyance in which the same were being transported and carried were not constructed so as to prevent the same from so falling, wasting, or spilling and were not closely built together in accordance with the terms of this section; and the burden shall be upon the defendant to prove the contrary.

(C) The bed carrying this load must be completely enclosed on both sides by sideboards or side panels, on the front by a board or panel or by the cab of the vehicle, and on the rear by a tailgate or board or panel, all of which must be so constructed so as to prevent the escape of any part of the load because of blowing or spilling. The top of the load must be completely covered by a canvas, tarpaulin, or other covering firmly secured to the front, sides, and back to prevent the escape of any part of the load because of blowing or spilling. Any excess spillage or loose material on the non-load-carrying parts of the vehicle occasioned by or from the act of unloading shall be removed before the vehicle is operated over a public street, road, or highway in the city limits. The tailgate must be securely closed to prevent spillage during the transportation, whether loaded or empty, and the bed shall not have any holes, cracks, or openings through which loose material may escape. After off-loading of material, any loose material from the nonload- carrying parts of the vehicle shall be removed there from before the vehicle is operated again.
(Prior Code, § 17-6) Penalty, see § 94.999

§ 94.074 LOADS TO BE COVERED.
It shall be unlawful for any person to haul any slop, paper, trash, or other unsightly object through or upon any of the streets, alleys, or highways of the city, except that the same shall be done in a vehicle thoroughly and securely covered in the manner described in § 94.073(C) above so that no part of this load may blow, spill, or pour upon the roadways, streets, alleys, or highways of the city, nor shall same be visible from the streets, alleys, or highways of the city.
(Prior Code, § 17-7) Penalty, see § 94.999

§ 94.075 DIVERTING NATURAL FLOW OF WATER.
It shall be unlawful for any person to divert or change the ordinary or natural flow of rain water, flood water, or storm water flow, or water flow in any creek or stream so that same shall cause the waters to flow into or across any street or alley or upon the property of another person, except in the manner and in the place where the ordinary and natural flow would cause that rain water, flood water, storm water, or stream to flow into or across that street or alley or upon property of another. Provided, however, that this section shall not apply where any diversion or change is made under the supervision of the City Engineer according to plan approved by the City Council.
(Prior Code, § 17-20) Penalty, see § 94.999

§ 94.076 GUTTER USE.
It shall be unlawful for any person to use any gutter of the city except for the purposes of carrying off
the natural surface water; and any person who shall cause, or be instrumental in causing, either as principal, agent, worker, or employee, any wastewater from any other source of flow into any gutter in sufficient quantities and cause the same to stand or cause the gutter to become boggy or objectionable in any way whatsoever, shall be deemed guilty of a misdemeanor and of creating a nuisance.
(Prior Code, § 17-21) Penalty, see § 94.999

PLANTS AND OBJECTS INTERFERING WITH TRAFFIC

§ 94.090 NOTICE OF VIOLATION.
It shall be the duty of the Chief of Police to cause a written notice to be served upon the owner or occupant of any property upon which any violation of §§ 94.092 et seq. of this code exists to correct that condition as constitutes a violation of these sections within ten days after serving the notice; and if the
condition is not corrected or remedied or caused to be remedied by that person by the end of that ten days’ notice, the City Manager is hereby authorized and directed to cause the tree or plant or part thereof constituting that violation to be so trimmed, pruned, or removed as to eliminate the prohibited condition.
(Prior Code, § 9-106)

§ 94.091 CITY MANAGER; AUTHORITY TO REMOVE.
The City Manager is hereby authorized to remove, or cause to be removed, any trees or plants found
between the opposite curblines in any street in the city and to trim branches, limbs, or foliage of any tree
or plant which overhangs or grows above the area which lies between the opposite curblines of any street, so as to provide a minimum clearance of eight feet above the street level at the curbline and so as to be graduated toward the center of the street to a clearance of 12 feet above the street level at the center of the street.
(Prior Code, § 9-107)

§ 94.092 PLANTS HIGHER THAN THREE FEET.
(A) It shall be unlawful for any person to place or cause to be placed any plant having a height greater
than three feet above the level of the center of the nearest abutting street, on or in that portion of any corner lot in the city, which portion is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the property lines at points 20 feet from the street corner intersections of the property lines.

(B) It shall be unlawful for either the owner or the occupant of any corner lot in the city to place, maintain, or permit or cause to be placed or maintained any plant having a height greater than three feet above the level of the center of the nearest abutting street on or in that area which lies between the property lines of that corner lot and the curblines of streets abutting those property lines and which area extends for a distance of 50 feet back from the intersection of the curblines of the abutting streets.
(Prior Code, § 9-108) Penalty, see § 94.999

§ 94.093 PREVENTING FREE PASSAGE ON SIDEWALK.
It shall be unlawful for either the owner or the occupant of any lot in the city to place, maintain, or permit or cause to be placed or maintained any tree or plant on or in the area between the property line thereof and the curbline of any street abutting the property line, in such a way as to obstruct the free passage on and use of that area by the public.
(Prior Code, § 9-109) Penalty, see § 94.999

§ 94.094 DISTANCE FROM FIRE HYDRANT.
It shall be unlawful for either the owner or the occupant of any property in the city to place, maintain,
or permit or cause to be placed or maintained thereon any tree or plant within five feet of any fire hydrant in the city.
(Prior Code, § 9-110) Penalty, see § 94.999

§ 94.095 MINIMUM CLEARANCE OVER SIDEWALK.
It shall be unlawful for the owner or occupant of any property in the city to maintain or permit limbs
of trees growing thereon to overhang or grow above the area between his or her property line and the
curbline of any abutting street unless those limbs and all branches and foliage thereon are kept trimmed
and pruned to a minimum clearance of eight feet above the street level at the nearest curbline.
(Prior Code, § 9-111) Penalty, see § 94.999

§ 94.096 FENCES.
It shall be unlawful for any person to construct or replace, or cause to be constructed or replaced, any
fence having a height greater than three feet above the level of the center of the nearest abutting street on or in that portion of any corner lot in the city, which portion is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the property lines at points 20 feet from the street corner intersection of the property lines.
(Prior Code, § 9-112) Penalty, see § 94.999

UTILITY FIXTURES IN PUBLIC WAYS; REQUIREMENTS

§ 94.110 INSPECTION.
The City Fire Marshal, electrical inspector, police officers, and other persons designated by the city shall have the power and it shall be their duty to examine and inspect from time to time, all telegraph, telephone, electric light, or other poles, gas pipelines, pipes, and other fixtures in, across, or under the streets, alleys, and other public places within the city for the purpose of seeing that all of same are in a safe and suitable condition. The city recognizes that the State Railroad Commission and the Federal Department of Transportation have safety jurisdiction over pipelines, but this section of the code does not conflict and it will be deemed applicable. Whenever any such item is found to be unsafe or unsuitable for the purpose of which it is used, the person using, possessing, or maintaining the same shall be notified and required to place the same in a safe and suitable condition.
(Prior Code, § 17-80) (Am. Ord. passed 1-8-1996)

§ 94.111 LOCATION OF POLES.
(A) Location of poles near trees. It shall be unlawful for any post, pole, or similar contrivance to be
erected nearer to the body of any tree standing upon any street, alley, sidewalk, or public ground in the city than four feet.
(Prior Code, § 17-81)

(B) Poles to be run on one side of street only. Each line of poles shall be run on one side of the street
only, except where absolutely necessary to run the poles to the other side and then only with the permission of the City Council.
(Prior Code, § 17-82)

(C) Two lines of poles prohibited on same side of street. No two lines of poles shall be erected on the
same side of any street or avenue.
(Prior Code, § 17-83)
(Am. Ord. passed 1-8-1996) Penalty, see § 94.999

§ 94.112 POLES TO BE STAMPED.
All poles erected or maintained in or along any avenue, alley, or other public place shall be stamped
or branded with the initials of the company owning the same at a point not less than five nor more than
seven feet above the surface of the sidewalk.
(Prior Code, § 17-84) (Am. Ord. passed 1-8-1996)

§ 94.113 SUPPORTS FOR ELECTRIC CONDUCTORS.
All supports of electric conductors located in or along any street, alley, or public place must be
constructed of substantial and durable material capable of sustaining a weight of ten times that normally
upon them.
(Prior Code, § 17-85) (Am. Ord. passed 1-8-1996)

§ 94.114 NUMBER OF WIRES ON A POLE.
Not more than 40 electric wires, exclusive of cables, shall be carried on any pole located in or along
any street, alley, or public place.
(Prior Code, § 17-86) (Am. Ord. passed 1-8-1996) Penalty, see § 94.999

§ 94.115 INSULATION OF ARC LAMPS.
All arc lamps located in or along any street, alley, or public place must have the frames and exposed parts carefully insulated from the circuit.
(Prior Code, § 17-87) (Am. Ord. passed 1-8-1996)

§ 94.116 REGULATIONS APPLY TO FRANCHISES AND PERMITS.
All franchises and permits granted by the city shall be subject to this subchapter and §§ 94.001 et seq.,
94.015 et seq., 94.035 et seq., 94.070 et seq., and 94.150 et seq. of this code.
(Prior Code, § 17-88) (Am. Ord. passed 1-8-1996)

UTILITY FIXTURES IN PUBLIC WAYS; RENTAL CHARGE

§ 94.130 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GOVERNMENTAL USERS AND CONSUMERS. Service to federal, state, county, or city
governments and subdivisions and agencies thereof.

INDUSTRIAL USERS AND CONSUMERS. Includes service to or for boiler installations and
central heating plants (exclusive of residential use) and service at a location where the purchaser is engaged in an activity, such as the operation of factories, mills, machine shops, refineries, pumping plants, cleaning and dyeing works, creameries, canning establishments, stockyards, and without limitation by reason of the above enumeration, all other extractive, fabricating, or processing activities.
(Prior Code, § 17-100) (Am. Ord. passed 1-8-1996)

§ 94.131 IMPOSITION; AMOUNT; PAYMENT.
(A) Every person occupying or using the streets, avenues, highways, easements, alleys, parks, or other
public ways and places in the city with electric poles, pipes, or other fixtures, or with gas pipelines, pipes, or other fixtures, shall, as a condition to further occupancy, pay to the city annually for this privilege a rental charge equal to 4% of the gross receipts received by that person from the sale of electric light and power or gas within the corporate limits of the city, excluding, however, the receipts from industrial and governmental users and consumers.

(B) The charge shall be paid on or before February 1 of each year and shall be based upon the gross
receipts during the preceding year ending December 31.
(Prior Code, § 17-101) (Am. Ord. passed 1-8-1996)

§ 94.132 EXEMPTIONS.
No person who has, on February 1 of any year, a legally enforceable contract with the city for the
payment of a fixed sum of money as rental, for that calendar year, for his or her use of the streets, avenues, highways, easements, alleys, parks, and other public ways and places, shall be subject or liable to pay, for that year, the rental charge imposed by this subchapter. This section does not relieve any person from the requirement to file, for any year, the reports provided for in this subchapter.
(Prior Code, § 17-110) (Am. Ord. passed 1-8-1996)

§ 94.133 PAYOR REPORTS; GROSS RECEIPTS; INDUSTRIAL AND GOVERNMENTAL CUSTOMERS.
(A) Report of gross receipts of payor. All persons using or maintaining any electric light poles, pipes,
or other fixtures, or any gas pipelines, pipes, or other fixtures, in any of the streets, avenues, highways,
easements, alleys, parks, or other public ways or places within the corporate limits of the city, shall, on or before February 1 of each and every year, file with the City Controller a sworn report showing the gross receipts, exclusive of receipts from industrial and governmental users and consumers, from the sale of electric light and power or gas within the corporate limits of the city during the preceding calendar year ending December 31.
(Prior Code, § 17-102)

(B) Report of industrial and governmental customers by payor. All persons required to file the report
provided for by division (A) above shall, on or before February 1 of each year, file with the City Controller a sworn report showing by name the industrial and governmental users and consumers served by that person during the preceding calendar year ending December 31.
(Prior Code, § 17-103)
(Am. Ord. passed 1-8-1996)

§ 94.134 EXAMINATION OF RECORDS.
The City Council may, when it sees fit, have the books and records of the person rendering the reports
required in this subchapter examined by a representative of the city to ascertain whether those reports are accurate, but nothing in this section shall be construed to prevent the city from ascertaining the facts by any other method.
(Prior Code, § 17-104) (Am. Ord. passed 1-8-1996)

§ 94.135 RECEIPT FOR PAYMENT.
Upon receipt of the rental charge imposed by this subchapter by the city, the City Controller shall
deliver to the person paying the same a receipt therefor, which receipt shall authorize that person to use
and occupy the streets, avenues, highways, easements, alleys, parks, and other public ways and places of the city in carrying on its business for 12 months from January 1 of the year in which the rental is paid.
(Prior Code, § 17-105) (Am. Ord. passed 1-8-1996)

§ 94.136 CHARGE SEPARATE FROM TAXES.
The rental charge imposed by this subchapter is not charged as a tax but is made for the privilege now
enjoyed and to be enjoyed by the persons upon whom it is imposed of using the streets, avenues, highways, easements, alleys, parks, and other public ways and places of the city in the conduct of their respective businesses, and this charge is additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against those persons.
(Prior Code, § 17-106) (Am. Ord. passed 1-8-1996)

§ 94.137 OTHER LAWS APPLY.
Nothing in this subchapter is intended to relieve any person of any condition, restriction, or requirement imposed by any law or ordinance of the city.
(Prior Code, § 17-107) (Am. Ord. passed 1-8-1996)

§ 94.138 NOT A GRANT OF FRANCHISE.
This subchapter does not grant a franchise to any utility or person to use the streets, avenues, highways, easements, alleys, parks, and other public ways and places and shall never be so construed by the courts or otherwise, and the city reserves the right to cancel the privileges granted hereunder and refund the unearned rentals paid to the city.
(Prior Code, § 17-108) (Am. Ord. passed 1-8-1996)

§ 94.139 RIGHT OF REGULATION.
The city hereby reserves the right to put into effect at any time other restrictions and regulations as to the erection and maintenance of poles, wires, pipes, and other appurtenances in streets, avenues, highways, easements, alleys, parks, and other public ways and places of the city and from time to time to require such poles, pipes, wires, and other property, equipment, and fixtures as it may deem proper to be removed and to require wires to be run in conduits on those terms as the city may deem proper.
(Prior Code, § 17-109) (Am. Ord. passed 1-8-1996)

ABANDONMENT OR VACATION OF STREETS AND ALLEYS

§ 94.150 CONTROL; PURPOSE.
(A) All streets and alleys of the city come under the exclusive control of the city acting by and through the Council.

(B) The purpose of this subchapter is to establish procedures for both the abandonment and sale of city streets and alleys within the city limits of the city.
(Prior Code, § 17-40) (Am. Ord. passed 9-12-1988)
Charter reference:
Control of streets and alleys, see City Charter, § 11.2
Statutory reference:
Control of streets and alleys, see Tex. Trans. Code, §§ 311.002 and 311.008

§ 94.151 ABANDONMENT PROCEDURE.
(A) If any citizen of the city desires that either a street or alley be abandoned in its entirety, that citizen, along with all of the citizens similarly affected or situated, shall submit a petition to the City Manager signed by all owners of real property abutting that street or alley and any other parties that may be directly and adversely affected by the action. This petition shall be submitted to the City Manager 30 days prior to the date of the requested action so that the City Manager and his or her staff will have time to review the petition and ensure that it is in proper form, as approved by the City Attorney, and that appropriate signatures are attached.

(B) If it is the desire of the applicant to abandoned on a portion of a street or alley so that the street or alley will still be open to the public, that petition shall be signed by the affected party. Any abutting or adjoining land owners, any land owners on the block in which the street or alley is located. The petition
will all be submitted as above, 30 days prior to date the action is requested.

(C) The City Council, upon review of the petition and recommendations by the city staff, shall, at the
next regular Council meeting, take action as it may deem appropriate in accordance with both the Charter and state law. Its action, if it so desires to abandon the street or alley, shall in no way affect any easements, restrictions, or other uses of that alley other than as a public street or public alley, unless releases are obtained from appropriate authorities releasing those easement uses or restrictions. All costs of documenting the transaction shall be assessed by the City Manager against the party or parties so moving to abandon or close the alley or street.

(D) If the Council refuses to abandon the street or alley, its decision shall be final and not subject to
appeal. If the city decides to abandon the street, alley, or portion thereof, then a certified copy of the
ordinance, so abandoning the alley or street or portion thereof, shall be prepared and furnished to the
moving parties so they may have it filed of record. The City Council may also direct, if necessary, the
Mayor to execute those transfers or documents as are necessary to affect the abandonment in accordance with both state and municipal law.

(E) If the Council abandons an entire street or alley, the fee ownership to the properties so abandoned
shall vest in the abutting or adjoining property owners to the extent of their ownership of the adjoining
property, in accordance with state law, so that portion of the street or alley so abandoned will be owned by the adjoining property owners.
(Prior Code, § 17-41) (Am. Ord. passed 9-12-1988)

§ 94.152 ABANDONED STREET OR ALLEY; SALE.
(A) The City Council may, based upon recommendation made by the City Manager and staff, sell and
convey any land that is an abandoned part of a street or alley, and this sale may include any improvements located on that property.

(B) In order to effectuate this type of sale, the Council shall adopt an ordinance directing the Mayor to execute the conveyance on those terms and conditions as either the Council at a public meeting or its
authorized agents may deem acceptable.

(C) Proceeds of the sale shall only be used to acquire and improve property for street or alley purposes. If the city fails to use the money for that purpose, it does not impair the title for the property sold as long as a valuable consideration was paid.
(Prior Code, § 17-42) (Am. Ord. passed 9-12-1988)
Statutory reference:
Title of property sold, see Tex. Loc. Gov’t Code, § 253.001

§ 94.153 COSTS; INDEMNITY.
(A) The City Manager shall assess any party who is purchaser from the city or receipt of abandoned property from the city in accordance with this subchapter all cost incurred by the city in handling the matter, including attorney’s fees, survey costs, and any charges assessed by the city staff for evaluating the proposal. The amount ascertained by the City Manager shall be final and not subject to review.

(B) Any party who joins in or who executes a petition requesting the abandonment of a street or alley or a portion thereof, or is a purchaser from the city of an abandoned or closed street or alley, shall not be entitled to bring any action against the city for its action or attempted action in conveying the property. That you will have no cause of action for the action of the Council in passing an ordinance closing or abandoning a street or attempting to close or abandoning a street or any part thereof, or to sell any part thereof.

(C) If the city is brought in to any suit, in the way of damages or injunction for its action in accordance with this section, any person signing the petition or receipt of title to any property under any deed or other conveyance by the city, hereby agrees to indemnify, jointly and severally, the city of all expenses it may incur in defending or prosecuting the lawsuit or claim.
(Prior Code, § 17-43) (Am. Ord. passed 9-12-1988)
Statutory reference:
Similar provisions, see Tex. Civ. Prac. & Rem. Code, §§ 16.005 and 65.015

§ 94.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is provided shall, upon conviction, be subject to punishment as set forth in § 10.99 of this code.

(B) Any person, firm, or corporation which violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of, any of the provisions of §§ 94.035 et seq. of this code shall be guilty of a misdemeanor and shall, upon conviction, be punishable by a fine of not less than $25 nor more than $200 for each offense for each day the offense continues.
(Prior Code, § 17-75) (Am. Ord. passed 1-8-1996)

(C) (1) A violation of § 94.055(B)(1) of this code is a misdemeanor and shall be punished by a fine of not less than $25 nor more than $200.
(Prior Code, § 17-122) (Am. Ord. passed 1-8-1996)

(2) Should any person, firm, corporation, or partnership violate any of the provisions of §§ 94.050 et seq. of this code, he or she shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $200, and a violation of that subchapter shall be sufficient grounds for the city to revoke and cancel the violator’s bond. Each act done in violation of that subchapter shall constitute a offense and, upon conviction, shall be punishable as such.
(Prior Code, § 17-130) (Am. Ord. passed 1-8-1996)

(D) Any violations of § 94.073 of this code shall be punishable in accordance with § 10.99 of this code and in accordance with 6701d-11, § 3A.
(Prior Code, § 17-6)

(E) (1) Every person who shall operate any business without the payment of the rental charge provided for in §§ 94.130 et seq. of this code shall be subject to a penalty of $100 for each and every day that the person shall conduct that business using and occupying the streets, avenues, highways, easements, alleys, parks, or other public ways and places of the city, without the payment of that rental, which sum may be recovered by the city in a court of competent jurisdiction by a suit filed therein.

(2) Every person and the local manager or agent for every person failing or refusing to make the reports required by §§ 94.130 et seq. or failing or refusing to allow the examination provided for in that subchapter shall, upon conviction, be fined in any sum not to exceed $100, and every day’s failure or
refusal, as mentioned in this division, shall be deemed a separate offense.
(Prior Code, § 17-111) (Am. Ord. passed 1-8-1996)

APPENDIX A: FORM OF STREET CONTRACTOR OR EXCAVATION BOND

The form of the bond or street contractor bond required for an excavation permit shall be as follows.

State of Texas
County of McLennan

Know all men by these presents:

That we, ________________________________________________________________, as principal and ______________________________________________________, as surety, are held and firmly bound unto the City of McGregor, Texas, in the penal sum of ten thousand dollars ($10,000), to the payment of which well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns by these presents:

The condition of the above obligation is such that, whereas the above principal has obtained a permit and/or permits to puncture, open, dig, or excavate a street, alley, highway, park, or public ground within the City of McGregor, Texas, in accordance with an application and/or applications heretofore filed by him or her with the City of McGregor:

Now, if the above bound principal, his or her heirs, executors, administrators, successors, and/or assigns, shall well and truly keep, do, and perform all laws and ordinances of the City of McGregor regulating excavations in and puncturing of streets, alleys, highways, parks, and/or public grounds of the City of McGregor and will refill the excavations or punctures according to the ordinances and specifications prescribed by the City of McGregor, and will replace all pavement as required by the specifications and will hold the City of McGregor harmless from all damages that may accrue by reason of the punctures, holes, or excavations made by the principal, for a period of one year from the date each permit is issued, then this obligation shall be null and void; otherwise to be and remain in full force and effect. Successive recoveries may be made on this bond and one or more recoveries thereon shall not exhaust or terminate this bond.

Witness the execution hereof, on this the __________ day of ______________, 20____.

_________________________________
Principal

_________________________________
Surety

Approved this the _______ day of _______________, 20____.

_________________________________
City Controller

(Prior Code, §§ 17-52 and 17-72) (Am. Ord. passed 1-8-1996)

APPENDIX B: FORM OF WORK PERMIT AND CERTIFICATE OF ACCEPTANCE

The permit which each contractor shall be required to obtain from the City Engineer before doing any
of the street work mentioned in §§ 94.015 et seq. of this code, and the certificate of acceptance which he or she shall obtain from the City Engineering after completion of the work, shall be as follows.

(A) Form of permit.

PERMIT FOR STREET IMPROVEMENTS IN THE CITY OF MCGREGOR
Permission to open street, construct subgrade, wearing surface, and/or roadway structures
at the location noted below is hereby granted to the contractor signed below, who hereby agrees
to perform the work in accordance with provisions of applicable ordinances, plans, and
specifications, effective on the date of this permit, and in conformity with lines and grades as
established by this office.

Location of proposed work: __________________________________________________

For (abutting property owner): ________________________________________________

Signed: _________________________
Contractor

Permit granted: _____________________________
City Engineer

Date bond approved: _____________________, 20____

Date of permit: ________________________, 20____

Date to be completed: __________________________, 20____

Special conditions: _____________________________________________________________
___________________________________________________________________________
____________________________________________________________________________

(B) Form of certificate of acceptance.

CERTIFICATE OF ACCEPTANCE
This is to certify that the work described in the above permit has this day been accepted by the undersigned as having been constructed in accordance with the provisions of applicable ordinances, plans, and specification of the City of McGregor, and in conformity with the lines and grades as established by this office.

Accepted: _________________________________

_________________________________
City Engineer / Inspector
(Prior Code, § 17-59) (Am. Ord. passed 1-8-1996)