All pavement hereafter constructed upon any public alley in
the city by abutting property owners, their agents, servants, contractors
or employees, whether under individual or joint paving agreements
or under assessment programs, shall be constructed in accordance with
the standard layout, design and specifications established in this
article for paving alleys.
(Ordinance 1797, sec. 1, adopted 11/22/1955; 1959 Code, sec. 28-79; Ordinance 6424, sec. 1, adopted 8/10/1972; 1983 Code, sec. 24-161)
The provisions of this article shall not apply to the construction
of any public works by or at the instance of the city on any public
property. It shall be, however, the policy of the city to construct
all alley paving in accordance with the specifications and details
provided by this article, except in those cases where the city council
should find it necessary in the public interest to vary therefrom.
(Ordinance 1797, sec. 10, adopted 11/22/1955; 1959 Code, sec. 28-86; 1983 Code, sec. 24-162)
All projects required by chapter 38 of this code or requiring a street or alley use permit and designed by a consulting engineer shall conform to sections 36.07.009 and 36.07.010 of this code.
(Ordinance 1797, sec. 4, adopted 11/22/1955; 1959 Code, sec. 28-82; 1983 Code, sec. 24-163; Ordinance
8568, sec. 49, adopted 3/8/1984)
The design, layout and plans shall be approved or furnished
by the city engineer. The most recent city council approved specifications
shall be furnished by the city engineer.
(Ordinance 1797, sec. 2, adopted 11/22/1955; Ordinance 1837 adopted 2/14/1956; Ordinance
2107, sec. 1, adopted 1/10/1957; 1959 Code, sec. 28-80; Ordinance
4913, sec. 1, adopted 2/10/1966; Ordinance 6424, sec. 2, adopted 8/10/1972; 1983 Code, sec. 24-164; Ordinance 8568, sec. 50, adopted 3/8/1984; Ordinance 10022, sec. 7, adopted 10/23/1997; Ordinance 2000-O0035, sec. 9, adopted 8/24/2000)
Concrete alley paving shall be constructed in accordance with
the most recent city council approved specifications which shall be
furnished by the city engineer. Alleys adjacent to nonresidential
property that are proposed for traffic use or when site drainage is
directed to the alley shall be paved to the point of discharge to
a paved street, another paved alley, or drainage channel.
(Ordinance 1797, sec. 3, adopted 11/22/1955; 1959 Code, sec. 28-81; Ordinance 4913, sec. 2, adopted 2/10/1966; Ordinance 6424, sec. 3, adopted 8/10/1972; 1983 Code, sec. 24-165; Ordinance 8568, sec. 51, adopted 3/8/1984; Ordinance 2000-O0035, sec. 10, adopted 8/24/2000)
It shall be unlawful for any person to construct, reconstruct, alter, repair, remove or replace any paving on any public alley within the city, with the exception of improvements required by chapter 38 of this code, without first having obtained from the city engineer a street or alley use permit for such construction in accordance with sections 36.04.051 through 36.04.054. All paving, construction, reconstruction, alteration, repair, removal or replacement shall be in full compliance with all of the provisions of any ordinance of the city governing streets and paving including all of the requirements thereof regarding the payment of fees, furnishing of performance bond, public liability and property damage insurance certificates, and indemnification of the city against all loss, damages, expenses, or liability which may result in any manner from the construction of any such improvements.
(Ordinance 1797, sec. 5, adopted 11/22/1955; 1959 Code, sec. 28-83; 1983 Code, sec. 24-167; Ordinance
8568, sec. 53, adopted 3/8/1984)
Any paving constructed under this article upon any public alley
in the city, upon final acceptance by the city council or the city
engineer, shall become the property of the city.
(Ordinance 1797, sec. 7, adopted 11/22/1955; 1959 Code, sec. 28-85; 1983 Code, sec. 24-169; Ordinance
8568, sec. 55, adopted 3/8/1984)
When alley paving is constructed by or at the instance of the
city, the cost thereof, including engineering cost, shall be assessed
against the abutting property and the owners thereof to the extent
of ninety (90) percent of the total cost, in accordance with the provisions
of article 1105b, as amended, of Vernon’s Annotated Civil Statutes
of Texas.
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Editor’s note–Article 1105b of Vernon’s
Annotated Civil Statutes of Texas referred to in the above section
is now codified in V.T.C.A., Transportation Code, chapter 313.
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(Ordinance 1797, sec. 11, adopted 11/22/1955; 1959 Code, sec. 28-87; Ordinance 4913, sec. 4, adopted 2/10/1966; 1983 Code, sec. 24-170)
It shall be the duty of any abutting property owner to keep
any paving outside of the ten-foot paving centered on the centerline
of the alley abutting such property in good and safe condition and
free from any defects and hazards of whatsoever kind and character.
The abutting property owner shall be primarily liable and shall indemnify
and save harmless the city from and against any and all actions, claims,
damages, costs and expenses which may be suffered by the city as a
result of the abutting property owner’s failure to so maintain
said paving.
(1959 Code, sec. 28-88; Ordinance 4913, sec. 5, adopted 2/10/1966; 1983 Code, sec. 24-171)
