O-148-4-73CITY OF ALLEN, TEXAS, ORDINANCE NO. /�18
AN ORDINANCE REGULATING THE MAKING AND REPAIR OF
PAVING CUTS AND THE BACKFILL AND CLEAN UP OF
DITCHES WITHIN PUBLIC RIGHTS-OF-WAY; PROVIDING
FOR NOTIFICATION AND INSPECTION THEREOF; PROVIDING
THAT ANY PERSON WHO SHALL OMIT OR REFUSE TO COMPLY
WITH, OR WHO VIOLATES ANY OF THE PROVISIONS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY
SUM NOT MORE THAN $200.00 FOR EACH OFFENSE, AND
EACH DAY SUCH VIOLATION SHALL EXIST SHALL CONSTITUTE
A SEPARATE OFFENSE; AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AN EFFECTIVE DATE OF THIS ORDINANCE; AND PUBLICATION
OF THE CAPTION HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1: Any person, hereinafter referred to as
Contractor, desiring to cut paving or make ditches within
a public right-of-way for the installation, inspection, or
repair of underground utility lines or for any other purpose
shall first notify the Department of Public Works of the
City of Allen that such a paving cut is proposed and the
location thereof and arrange for the inspection of the
repair of said paving cut by the Department of Public Works.
In cases of emergency or at times when the City offices are
closed, such notification and inspection arrangements shall
be made at the earliest time possible after such paving out
has been made.
For purposes of this Ordinance, "person" is illustrated
by but not limited to any firm, utility company, corporation
or construction company.
SECTION 2: PAVEMENT REPLACEMENT: The Contractor shall
repair a� pavement that he cuts. All pavement replacement
shall be performed immediately after the pipe laying operations
so that the area can be re -opened for traffic as soon as
practical. Where pavement is to be patched, the Contractor
shall tamp all of the backfill in the trench with air tamps
in layers not exceeding 4 inches in thickness. Each layer
shall be tamped until it is at the same or greater density as
the soil in the undisturbed earth adjoining the trench. The
earth backfill shall be tamped from the bottom of the trench
to the level of the subgrade of the paving base.
This tamping shall be performed as soon as the pipe has
been laid. If additional earth is required to complete the
backfill of the trench under pavement, the Contractor shall
haul the dirt in. If excess spoil remains after the tamping
of the badfill is completed, the Contractor shall dispose of
the excess immediately.
As soon as the tamping is completed, the Contractor
shall immediately pour the base for the pavement. The base
shall consist of six (6) inches of concrete mixed using
high-early strength concrete. As soon as the concrete has
set, the Contractor shall cover the concrete with paper
curing mats, or with cloth mats that have been thoroughly
soaked with water, and allow the concrete base to cure for
24 hours. After 24 hours curing time, the Contractor shall
complete the pavement replacement immediately.
If the original pavement was asphalt, the Contractor
shall install a rock asphalt wearing course. Before applying
the rock asphalt, the Contractor shall clean the surface of
the concrete base course completely and apply a tack coat of
RC-2 to the surface at the rate of 1/4 gallon per square yard.
This tack coat shall be mopped on and shall cover the surface
of the concrete completely. The Contractor may out back the
RC-2 with white gasoline if necessary to make it cover the
surface without applying an excessive amount of RC-2. The
fresh asphalt shall be covered immediately with a thin,
uniform layer of clean, sharp sand. The rock asphalt shell
be applied at the rate of one ton to each 13 square yards and
thoroughly rolled with a flat wheel roller weighing 300 lbs.
per linear inch. The roller surface may be moistened lightly
with water occasionally if necessary to prevent the rock
asphalt from adhering to the roller. The compacted thickness
of the rock asphalt shall average ll§ inch, and it shall not
be less than one (1) inch thick at any place. The finished
surface of the rock asphalt shall be at the same elevation
and grade as was the original pavement before cutting.
In the event there is any settlement in the rock asphalt
pavement patch, the Contractor shall apply a new tack coat to
the surface of the pavement and build it back up to the
original grade with additional rock asphalt.
Where it is necessary for the Contractor to out concrete
pavement, including driveways more than eight-feet wide, he
shall furnish a concrete saw and saw two parallel lines in
the concrete with the distance between the saw cuts being
12 inches more than the ditch width. The depth of the saw
out shall be not less than two (2) inches. He shall then
break out and dispose of the concrete between the saw cuts
where the ditch is to be excavated. The backfill in this
area shall be air tamped as previously described. The
pavement patch in these areas shall be made with eight (B)
inches of the high-early strength concrete, rather than a
six (6) inch concrete base with a different wearing course
as described for asphalt and brick pavements. The surface
of the concrete pavement patch shall be flush with the
adjoining concrete pavement. After the concrete has been
poured and set up thumbprint bard, it shall be trowelled
smooth and then brushed lightly with a soft brush to give
a non-slip finish. No topping will be permitted on the
concrete pavement patch. After the brushing process, the
concrete shall be permitted to set hard; then it shall be
covered for 24 hours with a curing mat.
In the event settlement occurs in the concrete pavement
patch, the Contractor shall chip out the patch to a minimum
depth of 1'5 inch, clean the chipped surface of the concrete
thoroughly to remove all dirt, chipped concrete, etx., paint
it with a slush coat of one part Portland cement and one part
Embeco, or approved equal, mixed with sufficient water to
make a creamy mixture, and then fill the patch back to the
property elevation with Etmbeco mortar mixed with one part
Portland cement, one part concrete sand, and one part
Embeco, or approved equal, mixed with the proper water to
give the correct consistency. The patch shall be trowelled,
brushed and cured.
All pavement replacement shall be done immediately after
the pipe is laid in each section, so that the street can be
opened for traffic just as soon as possible. The Contractor
shall maintain lights and barricades around the work areas
until the pavement is replaced and ready for traffic. The
Contractor shall perform the pavement patching as soon as
possible and shall open the patched area for traffic as soon
as possible.
In the event the Engineer is of the opinion that the
Contractor is not performing his pavement patching with all
proper diligence to keep it immediately behind his pipe
laying operation, or is opening excessive length of ditch
ahead of the pipe laying, the right is reserved for the
Engineer to require the Contractor to cease any further
excavation until the pavement patching is completed up to
immediately behind the point of excavation.
The pavement patching payment will be based on the
amount of patching required for a reasonable amount of
excavation for the pipe laying. Before the patching is
begun, the Contractor shall cut the pavement and base
material back to a straight end on solid, undisturbed soil.
Normally, this should be about six (6) inches back from the
edges of the trench, which should be 12 inches wider than the
outside diameter of the pipe, so the normal pavement patch
should be about 24 inches wider than the outside diameter
of the pipe. In the event the Contractor makes excessive
excavation, he shall perform all pavement patch required,
but he shall be paid only for the pavement required for a
normal width of patch. In the event it is necessary for
the Contractor to out pavement to repair a leak, or to perform
other work that should have been done as the pipe was being
laid, the pavement patching required by this work shall be
performed by the Contractor without payment.
SECTION 3: BACKFILL AND CLEANUP: Where the pipe is
laid in paved streets, the backfill shall be tamped from
the bottom of the ditch to the top as described in the
section on pavement replacement. Where the pipe is laid
in oiled, gravelled, or dirt streets, or at any location
where there is not any pavement, the backfill shall be
performed as described in this section.
After the pipe has been bedded as previously specified,
additional backfill may be made by machinery or otherwise
until the trench is backfilled to approximately 12 inches of
the ground level. The trench shall then be flooded with
water until water is standing or running over the top of the
backfill. This water will be furnished without charge by
the Owner, but the Contractor must furnish his own pipe, hose,
tools, and whatever else is needed to get the water from the
nearest fire hydrant or outlet on the new pipe to where the
water is needed. In general, the water can be put in the
trench from a fire hydrant and hose to a high point in the
line, and allowed to flow down the trench to the valleys.
After the trench has been flooded to the satisfaction of
the Engineer, the backfill shall then be completed immediately
while there is still water in the trench and the preceding
backfill is still saturated.
Any surplus spoil remaining shall be either pushed aside
out of the way, if possible to do so without hindering the
surface drainage in the area, or hauled off if necessary to
gat it out of the way.
After each rain, or at any other time the backfill in
the ditches settles, the Contractor shall add more dirt to
the ditches and level off the surface again.
During the time the backfill in the ditches remains
soft after flooding, the Contractor shall keep flares
burning and barricades erected if necessary to keep the
traffic off the ditebline until the backfill has dried
and consolidated to the point where the backfill will
support the traffic.
As the backfilling is being performed, all materials
that were surplus in that area, and all the construction
debris shall be removed and the area cleaned up. The
backfilling may be performed with a bulldozer or any other
machinery the Contractor cares to use, the cleanup of the
area after the trench has been flooded shall be made with a
maintainer. The Contractor shall also use the maintainer
to keep the ditebline and surrounding area smooth and uniform
after the backfill dries and consolidates, and he shall clean
up the ditchlines with the maintainer whenever they become
rough or sunk -in or otherwise require maintenance.
The Contractor will not be required to replace oiled
dirt, gravel, grass, or any surface that he is directed to
out other than pavement.
The Contractor shall maintain the backfilled ditches in
a condition not hazardous to traffic from the time the ditch
is backfilled until the job is accepted as finally complete
by the Owner.
The Contractor shall make his cleanup immediately
behind his pipe laying operations. He shall not have more
than 1,000 feet of ditch open per trenching machine and
pipe laying crew at any one time. In the event any ditching
machine gets as far as 1,000 feet ahead of the backfilling,
he shell shut down his machine and direct his activities to
getting the pipe laid up to the machine and getting the
backfill in the trench up to the point the pipe is laid to.
After the pipe has been laid and the job appears to be
complete and ready for final inspection, before this in-
spection, the Contractor shall go back over all diteblines
with his maintainer and grade them up smooth and even in
first class shape. He shall dispose of any excess earth
remaining and shall remove any final construction debris
remaining.
The Contractor will be required to perform any work
necessary to provide access to driveways blocked by his
ditching operations as soon as possible. This includes
backfilling in front of the driveways as soon as possible,
and adding gravel in line with the driveways when the
backfill is too wet for the earth to support a car, or
provide other suitable means of access to the driveways.
This work shall be done and materials necessary furnished
by the Contractor without additional payment other than the
contract price for the pipe per foot.
SECTION 4: PENALTY: Every person who shall omit or
refuse to comply with, or who violates any of the provisions
of this Ordinance, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in any sum not
more than two hundred dollars ($200.00) for each offense
and each and every day that the provisions of this Ordinance
are violated shall constitute a separate offense; provided,
however, that such penal provision shall not preclude a
suit to enjoin such violation.
SECTION 5: REPEAL: All Ordinances or parts of
ordinances in conflict herewith are hereby repealed and
declared of no further force and effect.
SECTION 6: PARTIAL INVALIDITY: If any part of this
Ordinance shall be declared invalid, such action shall not
affect the validity of the remaining portion thereof.
SECTION 7: EFFECTIVE DATE AND PUBLICATION: The caption
of this Ordinance shall be published one time in a weekly
newspaper published in the City of Allen and shall be
effective immediately upon its passage and such publication.
DULY PASSED AND APPROVED by the City Coyyc il, f the City
of Allen, Texas, on this the 5 day of(,�'�n. , 1973
CORRECTLY RECORDED:
Mayor of the City Allen, Texas
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