HomeMy WebLinkAboutOrd 407 Amending Right-of-way Easements and Usages RequriementsTOWN OF WESTLAKE
ORDINANCE NO. 407
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING
ORDINANCE NO. 350 ESTABLISHING RIGHT-OF-WAY AND EASEMENT
USAGE REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake desires to protect the physical integrity of its
infrastructure, rights-of-way and easements;
WHEREAS, the Town desires to control the orderly flow of vehicles and
pedestrians;
WHEREAS, the Town desires to keep track of the various systems using the
rights-of-way and easements to prevent interference between them;
WHEREAS, the Town desires to manage the utility facilities that crisscross the
Town's infrastructure, rights-of-way and easements and to coordinate construction
schedules within the rights-of-way and easements.
WHEREAS, the Town desires to amend and restate hereby in its entirety Town
Ordinance No. 350, dated as of February 28, 2000.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE TEXAS:
SECTION 1: Rights -of -Way and Easement Usage Requirements. No
person shall commence or continue with the construction, installation, or operation of
facilities within rights-of-way and publicly dedicated easements in the Town except as
provided by the ordinances of the Town and the directives of the Town staff. All
construction activity in Town rights-of-way and easements will be in accordance with
this ordinance.
(1) Registration and Construction Permits
a. Registration. In order to protect the public health, safety and welfare, all
users of the Town rights-of-way and easements must register with the Town
of Westlake on a form provided by the Town. Registration and permits will
be issued in the name of the person who will own the facilities. Registration
must be renewed every five - (5) years. For utilities with a current franchise
or license, the franchise or license will be evidence of renewal. If a
registration is not renewed and subject to sixty -(60) day written notification
to the owner, the facilities of the user will be deemed to have been
abandoned. When any information provided on the registration form
changes, the user must inform the Town of Westlake of the change no more
than thirty (30) days after the date the change is made. Information
provided in applications for construction permits shall constitute notice of
any changes in the registration information for the user. Registration shall
include:
1. The name of the user of the right-of-way;
2. The names, addresses, and telephone numbers of people who will be
contact person(s) for the user;
3. The name, address, and telephone number of any contractor or
subcontractor, if known, who will be working in the right-of-way on
behalf of the user;
4. The name(s) and telephone number of an emergency contact who shall
be available twenty-four (24) hours a day;
5. Proof of insurance and bonds;
(a) An applicant shall obtain and maintain insurance in the following
amounts with a company authorized to do business in the State of
Texas acceptable to the Town :
TYPE OF INSURANCE
General Liability (including
Contractural liability) written
On an occurrence basis
Automobile Liability, including
Any auto, hired autos and non -
Owned autos
Excess Liability, Umbrella Form
Worker's Compensation and
Employer's Liability
LIMIT (in $ millions)
General Aggregate 2
Prod./Comp. Op. Agg.2
Personal & Adv. Injury 1
Each Occurrence
Combined Single Limit 1
Each Occurrence 2
Aggregate 2
Each Accident .5
Disease -Policy Limit .5
Disease -Each Employee .5
(b) The Town reserves the right to review the insurance requirements
during the effective period of any franchise or municipal consent
agreement, and to reasonably adjust insurance coverage and limits
when the Town Manager determines that changes in statutory law,
court decisions, or the claims history of the industry or the provider
require adjustment of the coverage. For purposes of this section, the
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Town may accept certificates of self-insurance issued by the State of
Texas or letters written by the applicant in those instances where the
State does not issue such letters, that provide the same coverage
required herein. However, for the Town to accept such letters, the
applicant must demonstrate by written information that it has
adequate financial resources to be a self-insured entity as reasonably
determined by the Town, based on financial information requested
by and furnished to the Town.
(c) Each policy must include a cancellation provision in which the
insurance company is required to notify the Town in writing, not
fewer than thirty (30) days before canceling, failing to renew, or
reducing policy limits. Each policy must provide that notice of
claims shall be provided to the Town Manager by certified mail.
(d) The applicant must file the required original certificate of insurance
prior to any commencement of work. The certificate must state the
policy number; name of insurance company; name and address of
the agent or authorized representative of the insurance company;
name, address and telephone number of insured; policy expiration
date; and specific coverage amounts. The certificate must name the
Town and its officers, employees, board members and elected
representatives as additional insureds for all applicable coverage.
The Town may request the deletion, revision or modification of
particular policy terms, conditions, limitations or exclusions, unless
the policy provisions are established by law or regulation binding the
Town, the applicant or the underwriter. If the Town requests a
deletion, revision or modification, the applicant must exercise
reasonable efforts to pay for and to accomplish the change.
(e) Applicant must obtain and maintain, at its sole cost and expense, and
file with the Town Secretary, a corporate surety bond in the amount
of $100,000 both to guarantee timely construction and faithful
adherence to all requirements of this ordinance. The bond amount
may be reduced to $50,000 after a period of two (2) years provided
applicant has complied with all terms and conditions herein. The
bond must contain the following endorsement: "It is hereby
understood and agreed that this bond may not be cancelled by the
surety nor any intention not to renew be exercised by the surety until
thirty (30) days after receipt by the Town of written notice of such
intent." The bond must provide, but not be limited to, the following
condition: There shall be recoverable by the Town, jointly and
severally from the principal and the surety, any and all damages, loss
or costs suffered by the Town resulting from the failure of the
applicant to satisfactorily construct facilities and adherence to all the
requirements of this ordinance. The rights reserved to the Town with
respect to the bond are in addition to all other rights of the Town,
whether reserved by this ordinance, or authorized by law; and no
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action, proceeding or exercise of a right with respect to such bond
shall affect any other rights the Town may have.
(f) The Town Manager or his designee may waive or reduce the above
requirements, taking into consideration both that the applicant has
furnished the Town with reasonable documentation to evidence
adequate financial resources substantially greater than the insurance
and bonding requirements, and has demonstrated in prior right-of-
way construction activity, prompt resolution of any claims and
substantial compliance with all required applicable codes and
ordinances.
(g) The above financial and insurance requirements may be met by
applicants with a current franchise or license and applicants
governed by Chapter 283 of the Texas Local Government Code if
the current franchise, license or statutory indemnity adequately
provides for insurance or bonds or provides an indemnity in favor of
the Town.
b. Construction permits
1. Permit applications are required for construction or installation of new,
replacement or upgraded facilities in rights-of-way and easements,
whether aerial or underground, except as provided herein. The permit
will be in the name of the person who will own the facilities to be
constructed. The permit application must be completed and signed by a
representative of the owner of the facilities to be constructed.
(a) Emergency responses related to existing facilities may be undertaken
without first obtaining a permit; however the Town Manager should
be notified in writing as promptly as possible, though in no event
later than two (2) business days of any construction related to an
emergency response and must as soon as reasonably practicable
apply for and obtain the permits required herein.
(b) The phrase "construction or installation of new, replacement or
upgraded facilities" does not include repair or maintenance of
existing facilities unless such repair or maintenance requires the
following: the breaking of pavement; the closure of a nonresidential
traffic lane, excavation, or boring.
2. The permit shall state to whom it is issued, location of work, location of
facilities, dates and times work is to take place and any other conditions
set out by the Town Manager or his/her designee.
3. The person requesting a permit must provide the Town Manager or
his/her designee with documentation describing:
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(a) The proposed location and route of all facilities to be constructed or
installed and the applicant's plan for right-of-way construction.
(b) Engineering plans which shall be submitted on a scale not to exceed
one (1) inch equals one hundred (100) feet unless otherwise
approved by the Town Engineer.
(c) Detail or description of the location of all rights-of-way and utility
easements that applicant plans to use.
(d) Detail or description of all existing Town utilities in relationship to
applicant's proposed route.
(e) Detail or description of what applicant proposes to install.
(f) Detail of plans to remove and replace asphalt or concrete in streets
(include Town of Westlake standard construction details for
pavement patching Types A and/or B).
(g) Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc., including depth.
(h) Handhole and/or manhole typical of type of manholes and/or
handholes applicant plans to use or access.
(i) Complete legend of drawings submitted by applicant, which may be
provided by reference to previously submitted documents on file
with the Town.
(j) The name, address, and phone numbers of the contractor or
subcontractor who will perform the actual construction, including the
name and telephone number of an individual with the contractor who
will be available at all times during construction. That information,
if known, must be furnished prior to the commencement of any
work.
(k) The construction and installation methods to be employed for the
protection of existing structures, fixtures, and facilities within or
adjacent to the right-of-way, and the estimated dates and times work
will occur, all of which (methods, dates, times, etc.) are subject to
approval of the Town Manager or his/her designee.
(1) A statement that the requirements of this ordinance are met.
4. Three (3) sets of engineering plans must be submitted with the permit
application.
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5. All construction and installation in the rights-of-way and easements
must be in accordance with the permit for the facilities. The Town
Manager or his/her designee shall be provided access to the work and to
such further information as he or she may reasonably require to ensure
compliance with the permit.
6. A copy of the construction permit and approved engineering plans must
be maintained at the construction site and made available for inspection
by the Town Manager or his/her designee at all times when construction
or installation work is occurring.
7. All construction or installation work authorized by permit must be
completed in the time specified in the construction permit. If the work
cannot be completed in the specified time periods, the permittee may
request an extension from the Town Manager or his/her designee. The
Town Manager or his/her designee will use his/her best efforts to
approve or disapprove a request for permit as soon as possible.
S. A copy of any permit or approval issued by federal or state authorities
for work in federal or state right-of-way located in the Town of
Westlake must be provided, if requested by the Town Staff.
9. A request for a permit must be submitted at least five (5) working days
before the proposed commencement of work in the request, unless
waived by the Town Manager or his/her designee. Permit requests for
large projects may require additional review time.
10. Requests for permits will be approved or disapproved by the Town
Manager or his/her designee within a reasonable time of receiving all the
information. The Town Manager or his/her designee will use his/her
best efforts to approve or disapprove a request for permit as soon as
possible.
11. The Town Staff or the applicant can request a pre -construction meeting
with the permittee and their construction contractor.
(2) Construction Standards
a. Town Staff must be notified twenty-four (24) hours in advance that
construction is ready to proceed by either the right-of-way user, their
contractor or representative. At the time of notification, the right-of-way
user must inform the Town Staff of the number (or other information)
assigned from the one -call system.
b. All construction must be in conformance with all Town codes and standard
details for construction and all applicable local, state and federal laws.
Backfilling must meet or exceed Federal Department of Transportation
requirements.
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c. Erosion control measures (e.g. silt fence) and advance warning signs,
markers, cones and barricades must be in place before work begins, if
applicable.
d. Lane closures on major thoroughfares may occur only between 8:30 a.m. and
4:00 p.m. unless the Town Staff grants prior approval. Barricades and
signage must be installed in accordance with the Texas Manual of Uniform
Traffic Control Devices.
f. Without affecting the legal relationship between permittee and its
contractors, permittees are responsible for the workmanship and any damages
by its contractor or subcontractors. Permittees are responsible for maintaining
job site and roadway cleanliness. A responsible representative of the
permittee must be available to the Town Staff at all times during
construction.
g. Permittee must comply with Town, State and Federal guidelines applicable to
permittee.
h. Permittee, contractor or subcontractor must notify the Town Staff
immediately of any damage to other utilities, either Town or privately
owned.
It is the Town's policy not to cut streets, trails or sidewalks; however, when a
street, trail or sidewalk cut is required, prior approval must be obtained from
the Town Staff and all requirements of the Town Staff must be followed.
Repair of all street and sidewalk removals must be made promptly to avoid
safety hazards to vehicle and pedestrian traffic.
j. Installation of facilities must not interfere with Town utilities, including
without limitation, gravity dependent facilities.
k. New facilities must be installed to a depth in conformance with applicable
State and Federal guidelines. In the absence of State and Federal guidelines,
new facilities must be installed to a depth approved by the Town Manager or
his designee.
In accordance with the Town's authority pursuant to Sections 181.043 [as to
electrical utilities], 1.81.047 [as to electric utilities] and 181.089 [as to
telephonic facilities] of the Texas Utilities Code and any other applicable
Federal or State law, rule or regulation, new facilities, including new service
drops, telephonic facilities and electric distribution lines (defined as a power
line operated below 60,000 volts, when measured phase -to -phase) and related
facilities, must be placed underground absent a reasonable demonstration by
the facility owner, developer or affected property owner that this requirement
is not technically or environmentally feasible. Aboveground appurtenances
and equipment and, if permitted, above -ground facilities must be placed
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along rear lot or tract lines. Fire Hydrants and traffic signal controllers are
exempted from the rear lot or tract line requirement with passage of this
ordinance. Electric transmission lines {defined as a power line operated at
60,000 volts or above, when measured phase -to -phase} and related facilities
may be located aboveground only in areas where they are located as of the
date of the adoption of this ordinance. If a new route for an electric
transmission line or a certificate of convenience and necessity is requested by
an electric utility pursuant to Section 25.101 of the Public Utility
Commission of Texas' Substantive Rules or any other applicable Federal or
State law, rule or regulation, adequate prior notice must be given to the Town
to allow meaningful participation in the request before all appropriate
regulatory agencies. Town will work diligently with facility owner,
developer and affected property owners during the zoning and platting
processes of new subdivisions to ensure reasonable equipment access to
facilities along rear lot or tract lines will be available. When facilities are to
be placed along rear lot or tract lines, before construction of facilities
commences, the easement must be reduced to final grade, at developer's sole
cost and expense. Additionally, if the easement is located within a floodplain,
the entire surface of the easement shall be raised above the floodplain
elevation, at developer's sole cost and expense, before construction of the
facilities commences. The necessity for removal of minimal fencing and/or
landscaping within easements to permit the replacement of facilities,
appurtenances, and equipment is considered to be within the definition of
reasonable access. Where no such access can be made available, facility
owner and developer must make reasonable efforts to place above -ground
facilities, appurtenances and equipment in the least visible areas of the street
rights-of-way and street yards that are consistent with reasonable Town
standards. Sight visibility easements and horizontal clear triangles are not
appropriate locations for the placement of above -ground facilities,
appurtenances and equipment as they would create safety concerns by
blocking or impairing the visibility of vehicular traffic.
m. All directional boring must have locator place bore marks and depths while
the bore is in progress. Locator shall place a mark at each stem with paint
dot and depth at least every other stem.
n. The working hours in the rights-of-way are 7:00 a.m. to 6:00 p.m,, Monday
through Friday. Work that needs to be performed after 6:00 p.m. Monday
through Friday must be approved by the Town Manager or his designee in
advance. Directional boring is permitted only Monday through Friday 7:00
a.m. to 6:00 p.m., unless approved in advance. No work will be done, except
for emergencies, on Town holidays. All work must be performed in
compliance with Town noise and nuisance code requirements.
o. Contractors will be responsible for physically verifying the location, both
horizontal and vertical, of all potentially affected facilities, whether by pot
holing, hand digging or other method approved by the Town Staff prior to
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any excavation or boring with the exception of work involving lane closures,
as provided above.
p. Placement of all manholes and/or hand holes must be approved in advance by
the Town Staff. Handholes or manholes must not be located in sidewalks,
unless approved by the Town Staff.
q. Locate flags shall not be removed from a location while facilities are being
constructed.
r. Construction that requires pumping of water or mud must be contained in
accordance with federal and state law.
s. Permittee may trim trees in or over the rights-of-way and easements for the
safe and reliable operation, use and maintenance of its facilities. All
trimming in rights-of-way and easements must be in accordance with
guidelines established by the National Arborist Association and International
Society of Arboriculture, and should by done in such a manner to preserve as
much vegetation and natural shape of trees as reasonably possible, and still
accomplish a safe and effective tree trimming program. Reasonable efforts
must be made to contact affected property owners prior to necessary tree
trimming operations. Should utility provider or entity, its contractor or agent,
fail to remove tree trimmings within 24 hours after completion of a trimming
project, unless a longer period is required for extraordinary conditions and
conditions beyond the control of provider, the Town may remove the
trimmings or have them removed, and upon receipt of a bill from the Town,
the utility provider or entity must reimburse the Town for all costs incurred
within 30 working days. Utility provider or entity shall not be responsible for
tree trimming or removal above the work required to maintain or restore
utility service.
(3) "As -Built" Plans.
a. Right-of-way users must provide the Town Manager or his/her designee with
"As -Built" plans within ninety (90) days of completion of facilities in the
right-of-way. The plans must be provided to the Town in a format used in
the ordinary course of user's business to the extent they are prepared in the
ordinary course of business, but excluding customer specific, proprietary or
confidential information and as reasonably prescribed by the Town, and as
allowed by law.
b. The Town Manager for good cause may waive this requirement, or portions
of this requirement. Determination of good cause shall include an assessment
of 1) the right-of-way user's ability to feasibly and economically remove
customer specific, proprietary or confidential information from its plans and
2) the right-of-way user's standard business practice relative to the
preparation of construction and as -built plans. The Town Manager may
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reassess waivers from time to time to determine whether right-of-way user's
ability to provide as -built plans has changed.
(4) Relocation for Conformance With Public Improvements. Whenever, by
reasons of widening or straightening of streets, water or sewer line projects,
or any other public works projects, (e.g. install or improve storm drains,
water lines, sewer lines, etc.) it shall be deemed necessary by the governing
body of the Town to remove, altar, change, adapt, or conform the
underground or overhead facilities of a right-of-way user to another part of
the right-of-way, the alterations must be made by the owner of the facilities
at their expense, unless provided for by State law or an existing franchise
until that franchise expires or is otherwise terminated, within the time limits
set by the public works director working in conjunction with the owner or, if
no time frame can be approved, within one -hundred twenty (120) days from
the day the notice was sent to make the alterations, unless a different
schedule has been approved by the public works director or his/her designee.
Facilities not moved after one -hundred twenty (120) days or within the
approved schedule, as it may be extended from time to time, shall be deemed
abandoned after thirty- (30) days notice, except for force majeure.
Pursuant to Sections 37.101(c) [as to electric utilities], 54.203(c) [as to
telecommunications utilities], 181.047(c) [as to electric utilities] and 181.089
[as to electric utilities] of the Texas Utilities Code, and Article 1175 [as to
any public utility] of the Texas Civil Statute, relocations of electric
distribution lines that are presently aboveground shall be located
underground in any relocation under this subsection, which shall be at the
facility owners" expense, to the fullest extent allowed by law, unless such
relocation is requested by a private third party.
(5) Improperly Installed Facilities.
a. Any person doing work in the Town right-of-way must properly install,
repair, upgrade and maintain facilities.
b. Facilities installed after the effective date of this ordinance shall be
considered to be improperly installed, repaired, upgraded or maintained if:
1. The installation, repairs, upgrade or maintenance endangers people.
2. The facilities do not meet the applicable Town codes.
3. The facilities are not capable of being located using standard practices.
4. The facilities are not located in the proper place at the time of construction
in accordance with the directions provided by the Town Staff.
(6) Restoration of Property,
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a. Users of the right-of-way must restore property affected by construction of
facilities to a condition that is equal to or better than the condition of the
property prior to the performance of the work.
b. Restoration must be to the reasonable satisfaction of the Town Staff and the
property owner. The restoration shall include, but not be limited to:
Replacing all ground cover with the type of ground cover damaged
during work or better either by sodding or seeding, as directed by the
Town Staff.
2. Installation of all manholes and handholes, as required.
3. Backfilling all bore pits, potholes, trenches or any other holes, or covering,
daily, of unless other State or Federal safety requirements are followed.
4. Leveling of all trenches and backhoe lines.
5. Restoration of excavation site to Town specifications.
b. Restoration of all landscaping, ground cover, and sprinkler systems.
c. All locate flags and information signs must be removed during the clean up
process by the permittee or his/her contractor at the completion of the work.
d. Restoration must be made in a timely manner as specified by approved
schedules and to the satisfaction of Town Manager or his/her designee. If
restoration is not satisfactory and performed in a timely manner all work in
progress, except that related to the problem, including all work previously
permitted but not complete may be halted and a hold may be placed on any
permits not approved until all restoration is complete.
(7) Revocation or Denial of Permit. If any of the provisions of this ordinance are
not followed, a permit may be revoked by the public works director or designee.
If a person has not followed the terms and conditions of this ordinance in work
done pursuant to a prior permit, new permits may be denied or additional terms
required.
(8) Appeal From Denial or Revocation of Permit. Appeal from denial or
revocation of permit or from the decision of the public works director shall be to
the Board of Aldermen. Appeal must be filed with the Town Secretary within
fifteen (15) days of the denial.
SECTION 2: SAVINGS CLAUSE - All other ordinances of the Town of
Westlake that are in conflict with this ordinance are hereby repealed to the extent of the
conflict.
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SECTION 3: EFFECTIVE DATE - This ordinance shall become effective
from and after the date of its passage.
PASSED AND APPROVED ON THIS 12" DAY OF NOVEMBER, 2001.
ATTEST:
Y
inger osswy, Town ScYretary
APPROVED AS TO FORM:
1�\OA ��
Matthew Boyle, Town Attorney
_.
Scott Bradley, Mayor
Trent O. Petty, Town. Ma201
12
-
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
407 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were
December 18, 2001.
A copy of the notice as published, clipped from the newspaper is attached hereto.
x
a"
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
0
COUNTY OF TARRANT
Pam Nolte
this 27th day of December, 2001, to certify which
witness my hand and seal of office.
h '�&' (2a �] C
Notary Public, State of Texas
Printed Name of Notary
My commission expires
Mill
.;N
fx.
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6
REPAIRSIDING PUBLIC NOTICE RID NOTICE PUBL1'
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REPAIRS -MAINTENANCE which amended the then cur- restrictions;
INTERIOR & EXTERIOR SALE IS 11:00 A.M. rent Comprehensive Zoning struction sc
OZARK DECEMBER 28, 2001 Ordinance No. 94-09 of the
AT LONE STAR STORAGE a g for sa\
20 $ BANDS -ON Town; adding provisions to ing for sa+
TREE CARE 3600 Golden Triangle Blvd., incorporate the conceptual penalty o
�I�PI5ED & INSURED Landscape Plan.: and Con- enact no
THE EVERYTHING EXPERTS Keller, TX. Property will be struction Schedule as origi- sum oftwoSTUMP GRINDING sold to highest bidder for nally provided for in PD
cash. Cleanup and removal Planned Development #17, and a cepa
817-741-79"79
� iT FERTILIZING deposit may be required. P and a seed
1 Seller reserves the right to generally known as the amending
be deemed
TRIMMING of Hogan's Glen;'amending day'during i
withdraw property from sale. the Official Zoning Map of the lation occu
REMOVING Includes content of spaces of Town to reflect the incorpora providingfo
8 ' TREE SALES following tenants: tion of the Conceptual Land- viding fr E
IPainting
e 8 John Shumate, mise. boxes, scape Pian and Construction enrollment;
>(m)43Im 135 household, furniture, lawn ed fori Exhibe as its "Eyp d T"id- effective d 'mower. etl for in Exhibits'"E" and "F" 005},
817-530-7439 Bee er of PD Planned Development
P #17; providing a cumulative
Enclosures Amanda LaBelle, mise. box- clause; providing for savings; CFULLY ENSURED PUBLICd Decks REASONABLE RATES es, household items. providing for severability;
Jason Neal,' mise. air condi- providing a penalty not to ex-
ceed the sum of two thou- PUBLK
Work tioning supplies. sand dollars ($2;000.00) far
WALLPAPER each offense and a separate A public heE
nets >, Kenneth Bernardmise. mo- offense shall be deemed by the Towi
nter TOPS torcycie parts, shop tools. committed each day during Town of Try:
• ROOM Additions FATHER - SON Wall- or on which a violation occurs boardroom
papering. Interior - ex- Any questions you may call: or continues; providing for Utility Distri
• Garages terior painting, repairs. 817 379-0512. publication; providing for en- Municipal Di
Locally owned since 1976 Free estimates. Re- grossment and enrollment; Monday, Jar
ferences.817-498-9073: BID'and providing an effective consider an
NOTICE
6 , o date. '(PDAMD-01-002). Town of Tia
amending
r ITY OF KELLER 1999-10, tht