Ordinance No. 28i
_,-ORDINANCE NO. 28
AN ORDINANCE REGULATING THE LAYING, CONSTRUCTING, BUILDING
REPAIRING OR REBUILDING OF SIDEWALKS, DRIVEWAYS, CURBS OR
GUTTERS ON ANY STREET, ALLEY OR THOROUGHFARE WITHIN THE CITY
OF BAYTOWN, PROVIDING PENALITIES; CONTAINING SEVERABILITY
CLAUSE; REPEALING ORDINANCES.IN CONFLICT; AND PROVIDING.FOR
THE EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section (1); Bond and License for Sidewalk Builders.
That hereafter no person, firm or corporation 0shall lay, construct.,
build, repair or rebuild any sidewalk, driveway., curb, or gutter on any street.,
%3_1ey.or thoroughfare within the City of Baytown without first applying to the
Director of Public Forks of said city for a license to do such work, and having
made and executed a bond to such City in the sum of Two Thousand ($2,000.00)
Dollars and having /paid a license fee of Ten ($10.00) Dollars, and.having ob-
tained a permit from the Director of Public Works to do such work. Said license
shall expire one (1) year from the date of issue, and shall be issued anew for each
succeeding year.
Section (2); Requisites of License and Bond.
• The license hereinabove mentioned shall be issued by the Director of
Public Works,and before the issuance of same, the applicant shall file izp the
office of the Director of Public Works a yearly bond in the sum of Two Thousand
($2,000.00) Dollars conditioned that-the-principal therein will construct, recon-
struct or regrade a:,l sidewalks, driveways, curbs or gutters in accordance with the O
ordinances of the City of Baytown and on the line and grade as established by the
Director of Public Works, and further conditionPed that such person, will save the
City harmless from allaloss ar damage of whatsoever character to any person, aiaising
by reason of negligence on the part of the contractor in performing said work, or in
leaving the same ungraded, or from any other cause. The said bond shall further recite
that all work done by the contractor during the year for which said bond shall hold
good, shall be performed to the satisfaction of the Director.of Public Works.
Section (3): Permit; how obtained. -�
That after such license is issued and such bond filed as hereinabove pro-
vided, the licensee shall before'doingoeach individual piece of work contracted for,
obtain a permit from the Director of Public Works for each separate piece of work
contracted to be done, together with plan's, specifications, grades and lines for such
work, and all such work shallibe done according to the plans, .specifications, grades.
and lines furnished by the Director of Public Works, and shall at all times be sub -
ject to the inspection and approval of said Director of Public Works, or other per-
sons designated by him for such work.
Section (4); Suit Upon Bond.
Upon any breach of any covenant in the above described bond by the maker
thereof, the City of Baytown shall have the immediate right and authority to sue
upon said bond for the breach thereof, and to recover in a court of competent jur-
isdiction the damage caused by such breach; and said bond shall not become void upon
first recovery, but shall remain valid upon subsequent suits until the entire primdi:pal
of such bond is recovered upon.
Section (�)� Plans methods and specifications regulating work.
That the City of Baytown hereby adopts and approves as standard specifica-
tions for cement or concrete sidewalks, driveways, curbs, and gutters the following;
(a) Cement or concrete sidewalks, driveways, curbs and gutters shall
be built of Portland cement, fine aggregate and co §rse aggregate.
(b) Fine Aggregate. Fine aggregate shall consist of washed sand having
clean, hard, dura a uncoa a grains, free from soft or flaky particles or other
injurious matter, shall be well graded from coarse to fine, and when tested
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by standard laboratory methods, shall meet the following requirements:
Retained on
— 378 " screen
0%
1/4 " screen
0 -5%
50 mesh sieve
70-95%
100 mesh sieve
95-100%
Weight removed by elutriation test,
not more than 2 %.
When subjected to the color test for organic impurities fine aggregate shall not
show a color darker than the standard color.
(c) Coarse Aggregate: Coarse aggregate shall consist of crushed
stone, gravel or oyster she or equal, having hard, clean, strong, durable pieces
free from excessive adherent coatings, free from salt and alkali, and when tested
by standard laboratory methods shall conform to the following requirements:
The maximum percentage of deleterious substances shall not ex-
ceed the following values by weights.
Removed by decantation 4%
Shale 0.25%
Clay lumps 0.25%
J' Soft Frangments 3%
Other local deleterious substances
such as friable pieces 3%
The sum of the percentages of all
above constituents shall not exceed 5%
The wear for crushed stone or gravel shall not exceed the following
percentages
Crushed stone 7%
Gravel 17%
Coarse aggregate shall conform to the grading requirements given below when tested
on standard round - opening screens, and shall be well graded within the limits spec-
ified.- Aggregates of different classes shall not be mixed except on the written
permission of the Director of Public Works. Changes in the classes of aggregate
being used while the work is in progress will be permitted upon due notice by the
contractor to the Director of Public Works of his intentions and the fulfillment
of the necessary requirement to comply with these specificilations. Aggregates in
which different size particles have become segregated due to improper stock piling,
improper handling, or for other reasons, shall, before being used, be mixed to con-
form to the grading requirements hereinafter specified, and shall be uniform:.
Coarse Aggregate (Crushed stone or gravel)
Retained on
3 " screen
2 " screen
12" screen
4" screen, not less than
Now 8 sieve, not less than
Coarse Aggregate (Oyster shell)
Retained on
2i" screen
1A"screen
" screen
4" screen
No. 8 sieve
Per Cent by Weight
0
0-5
5 -40
90
95
Per Cent by Weight
0
5 -20
20 -50
65 -90
88 -loo
,Aggregates from different material sources, or having different characteristics,
shall not be mixed either in piling or hatching except by special permission from
the Director of Public Works. Aggregate shipped in dirty cars or containers, or
that become mixed with weeds, dirt or foreign material, or that is not uniform, or
the component parts of which have become segregated, will be rejected.
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(d). Concrete Body. The concrete shall be composed of standard
Portland cement or an approved.higb.1early strength cement, fine aggregate, coarse
aggregate and water, mixed and proportioned according to the workability factor
method of design, and in accordance with definite specification requirements here-
in outlined.
The concrete shall contain not less than four and one -half (4.5)
sacks of cement.per cubic yard, and not more than eight gallons of water net per
sack of cement when gravel coarse aggregate is used. The concrete shall contain
not less than five and one -half (5.5) sacks of cement per cubic yard and not more
than eight and one-half gallons of water net, per sack of cement when oyster shell
-coarse aggregate is used.
The concrete shall be uniform and workable. The amount of coarse
aggregate (dry loose volume) shall not be more than 0.85 cubic feet per cubic foot
of concrete.
The net amount of water will be the amount of water added at the
mixer plus a free water in the aggregates, plus or minus the absorption of the
aggregates, aced on a 30 minute absorption period. No water allowances will be
made for evaporation after batching.
The concrete when tested on test specimens cured under field lab-
oratory conditions, shall equal`or be greater than the following;
Compressive Strength (lbs. Per sq. inch)
7 days - 1,500 lbs. 28 days - 21200 lbs.
Flexural Strength (lbs. Per sq. inch)
4 days - 400 lbs. 7 days - 500 lbs.
(e) Concrete Bags. All empty bags from cement used on job shall
be saved and stacked in neat un es of 25 bags each. These bags shall be kept
on the job until counted by the Director of Public Works and then removed from
the job site. At no time shall an empty bag be grout on the job site or at no
time shall any empty bags be left on job site after same have been counted by the
Director of Public Works.
(f) Foundation. The foundation shall consist of firm, hard soil
from which all vegetable ma ter and other loose material have been removed. Iri
the event it is necessary to build up the foundation, the same shall be done with
selected earth or other material satisfactory to the Director of Public Works,
and shall be built up and we11 tamped in 6 -inch layers, and said filling shall
extend at least one foot on each side of the walk.
(g) Location and Grade. All sidewalks, driveways, curbs and gutters
shall be built as locaTed by the Director df Public Works, and on the grade estab-
lished by him. At street intersections and at other places the curb and gutter may
be built on a radius, as the Director of Public Works may direct, and the contrac-
tor in charge of said work shall receive no extra compensation on account of such
work being on a curved alignment. Where driveways occur into private property ac-
ross the parkways between the-curb line and the sidewalk, such driveways shall be
• built with a return curb having a vertical face and joining the main curb of the
street with a 2 -foot radius.
(h) Combined Curb and Otter. (1) Thickness. The standard com-
bined curb and gutter Mall consist of a curb six inches in thickness and four-
teen and three - quarters inches in height combined with a gutter seven inches in
thickness and'eighteen inches in width; all built as a monolithic structure. The
outer corner of the curb shall be rounded to a three -inch radius.
(2) Templates. The curb and gutter shall be constructed with
a one -eight inch metal template placed at six foot intervals. These shall be re-
moved before placing the topping.
(3) Mortar Topping. The mortar topping shall be a mortar com-
posed of one part of Portlancement and one and one-half parts of fine aggregate
thoroughly mixed dry before the addition of water.
The face board and templates shall be removed as soon as the
concrete has set sufficiently to stand up, and the mortar topping shall then be
immediately applied. The topping shall be three - fourths inch thick on the top of
the curb and the top of the gutter, and shall be three - fourths inch thick on the
face Of the curb.
(4) Finishing. The mortar topping shall be given a smooth
trowel finish and shall have a 174 inch "finish joint" at the exact location of
each template joint. _
• The back edge of the curb and the front edge of the gutter shall
be rounded with a J inch edging tool.
The back of the gutter at the face of the curb shall be finished
with a 1 -inch radius.
The curb and gutter surface shall be lightly brushed to remove
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all trowel marks.
(5) Expansion Joints. An approved type of commercial premolded expansion
joint one inch thick shall bq -placed through the curb and gutter at the end of all
radius returns at street intersections, where meeting existing inlets, or existing curb
and gutter, and at intervals of approximately eighty feet on new construction.
The joint material shall be cut from one piece of material to conform to
v the shape of the curb and gutter.
Sidewalks.:
(1 ) Thickness. Standard sidewalks shall be composed of not less than
four and one - quarter inches of concrete and one - quarter inch of mortar topping, making
a total of four and one -half inches. The maker's name shall be stamped.on each sidewalk
built by him in letters not less than one and one - quarter inches high and one - quarter
inches deep.
(2) Expansion Joints. An approved type of commercial premolded expansion
joint one -half inch thick shall be placed where two lines of sidewalks intersect, where
meeting existing walk, and at intervals of not more than 36 feet throughout the entire
length of the sidewalk. At all places where sidewalks meet curbs, a one -inch approved
type of commerical pre - molded expansion joint shall be provided. All expansion joint
material shall extend entirely through the sidewalk, and shall extend the entire width
of the sidewalk.
(3) Mortar Topping. The mortar topping shall be mortar composed of
one part Portland cement and one and one -half part of fine aggregate throughly mixed dry,
and may be applied wet or dry. All topping must be applied before the concrete has been
® in place not more than ten minutes. In the use of dry or monolithic topping, the topping
must be worked to a plastic mixture by the use of wood floats or darbies. The addition
of water to the dry mortar topping will not be allowed unless there- s.insufficient
excess water in the concrete to thoroughly wet the dry mortar.`
The mortar topping shall be smoothly struck off by the use of a wood
strike board riding on top of the forms. The surface shall then be smoothly finished with
a wood hand float working in a circular or rotary motion.
The edge of the walk shall be marked off one -eight inch deep at a spacing
equal to the width of the walk with a joint tool equal in width to the width of the edging
tool.
(j) Driveways.
;(1) Thickness. Standard concrete driveways shall be composed of
not less than five and three quarters inches of concrete and one- quarter inch of mortar
topping, making a total of six inches.
Ch streets having curb and gutter, the driveways shall have a
monolithic curb on each side, six inches in width and of a varying height, meeting.the
height of the curb at the street and meeting the sidewalk elevation. This curb shall
have at least a two -foot radius joining with the street curb and shall have a wet mortar
topping one -half inch thick.
In the event a modified curb and gutter section is desired for a
. driveway entrance or parking space entrance in excess of twelve foot length, approval
must be secured from the City Council upon written petition therefore by such owner or
owners.
(2) Expansion Joints. An approved type of commercial premolded
expansion joint material one inch thick and extending entirely through the driveway for
its Hall width and depth shall be placed at the sidewalk intersection.
(3) Mortar Topping. The mortar topping shall be a:mortar composed of
one part of Portland cement and one and one -half parts of fine aggregate thoroughly mixed
dry, and may be applied wet or dry. All topping must be appli - :ed before the concrete
has been in place mot more than ten minutes.
In the use of dry or monolithic topping, the topping must be applied
while excess water is on the concrete, and must be worked to a plastic mixture by the
use of wood floats or darbies. The addition of water to the dry mortar topping will not
be allowed unless there is insufficient water in the concrete to thDroughly wet the dry
mortar.
(4) Finishing Surface. The mortar topping shall be struck off with
a wood strike board to a smooth finish. The surface shall then be smoothly finished with
a wood darby and a hand float working in a circular or rotary manner.
Section (6) Change of Line and Grade.
• The City of Baytown reserves the right, when putting down a permanent
street pavement, either by original construction or re- construction, to change or alter
the lire s and grades of said permanent pavement and of the sidewalks, driveways, curbs,
and gutters on said street, when in the opinion of the City Council such change is necessary
for the proper pavement of drainage of said street, and without liability on the part of
the City by reason of said change. In the event that a sidewalk or driveway, the lim or
grade of which is changed, is in good kondition and does not, in the opinion of the city
Coundi7, require entire reconstruction, the owner thereof shall be given notice to break
said sidewalk or dr. veway� back to a point fixed by the Director of Public Works, and to
® remove the broken portion and re- construct said portion on the line and grade determined
by the Director of Public Works, at the cost of the said abutting owner. In the event
said owner shall fail or refuse to obey the order of the City Council, he shall be subject
to all the penalties of this ordinance and the City Council shall have the right to have
said breaking and reconstructing to grade of sidewalk or driveway done by the paving
contractor, or other person, at the expense of the abutting owner.
Section (7) Patchwork.
In patching old sidewalks the practice of renewing irregular portions will
not be permitted, but the entire section should be renewed. In the case of small pipes
run across walks a narrow section maybe neatly cut parallel to edge of block, and edges
neatly finished with jointing tool.
Section. (8) Mixing Mortar on Pavements.
It shall be unlawful for any person to mix any lime or other mortar on
the surface of any paved street, but a tight board or box must be provided for the purpose.
Section (9) Protecting New Work.
After sidewalks, driveways, curbs and gutters have been completed they must
is be protected from injury by keeping traffic off of same at least five (5) days, and from
the sun by a covering of sand, boards, building paper or canvas, and must be sprinkled daily
for at least.two (2) days after completion.
Section (10)
Downspouts and Drain Pipes.
It shall be unlawful for any person or persons to construct or maintain
in a public street any drain from private property where the same has been laid for the
purpose of taking care of surface drainage from said private property or drainage from
roofs of buildings on private property unless such drains shall be laid from the property
line to the gutter ditch and shall be constructed entirely of the or durable and sub-
stantial metal pipe, and shall be Laid entirely underneath the furface of the ground,
and shall be covered at all points where it crosses under a cement or concrete sidewalk
with at least two (2) inches of concrete on top of the pipe and the surface of the sidewalk
shall conform in grade to the balance of said walk. All existing drains shall be made t o
conform to the provisions of the ordinance. The downspouts on business houses must empty
directly into the gutter or ditch.
Section (11) General
In general all forms shall be smooth; the work shall be done in a work-
manlike manner, giving straight lines where required, true planes and a smooth finish,
properly brushed Yto remove trowel marks and otherwise satisfactory to the Director of
Public storks. Ohen the work is completed all curbs shall have earth til-orp7hly fit: in
and tamped against the back; all rubbish, surplus excavated material, forms and other
materials shall be removed and the work left in a neat and orderly manner. In order that
sidewalks fulfill the condition ' of being satisfactory to the Director of Public Works,
no obstruction shall project above nor be left below the surface, such as meter boxes, cut
off valves, etc. The practice of leaving the open end .of a tile or pipe in the walk to
permit access to cut -off va -rues will not be permitted, but all such must be provided �_•
with proper castings around which the walk shall be neatly finished. In case meter box
casting cannot be adjusted to proper':.grade, the City Water Department shall be notified.
Whenever there is room for meter outside of walk it shall hot be concreted in, but the
Water Department shall be notified, who will move it out of the way of the walk.
If at any time any of the materials, to be used in or for the construction
of the work covered by these specifications, do not meet or fulfill all requirements of
tHesespecifications, they shall be removed from the site of construction upon being notified
of the failure to meet requirements..
All defective work either caused by failure of material or workmanship
sha•11 be torn out and replaced with new construction to meet the requirements of these
specifications and the Director of Public forks.
• Section (12) Construction of Provisions.
All provisions contained herein shall apply to and govern the construction
or reconstruction of sidewalks, driveways, curbs or gutter and their construction in
connection vrith the erection of buildings in the City of Baytown.
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Section 13: Penalties.
Any person, firm or corporation violating any of the preceding sections
hereof shall -be deemed guilty of a misdemeanor, and upon conviction shall be fined in
any sum not to exceed One Hundred; (100.00) Dollars, and in addition thereto
.upon the final conviction for any such violation, said ;conviction shall of itself con-
stitute and be a cancellation of the license held by such person, firm or corporation so
® convicted, and in such event no new license shall be issued for a period of one (1)
year.
Section 141
All ordinances or parts of ordinances inconsistent With the terms of this
ordinance are hereby repealed; provided however, that such repeal shall, be only to the
extent of such inconsistency, and in alf other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered by this ordinance.
Section 15:
If any section or provisions, or parts thereof in this ordinance shall be
adjudged invalid or unconstitutional, such invalidity or unconstitionality shall not affect
the validity of the ordinance as a whole or of any other section or provision or part
hereof.
Section 16:
This ordinance shall take effect from and after ten days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by
causing the caption of this ordinance to be published in the official newspaper of the
City of Baytown at least twice prior to the effective date hereof.
INTxCDUCED, KUD and PASSED by the affirmative vote of a majority of the
City Council of the City of Baytown on this the 16th day of November, 1918.
E. D. Cleveland., Mayor
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Ddna.Oliver, City Clerk
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