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To obtain a permit as required by the preceding section, a bonded contractor or his authorized representative shall file with the building inspector an application in writing therefor on a form to be furnished for that purpose. Such bonded contractor shall be registered with the building inspector and shall furnish a list of the authorized representatives who are to secure permits for him. Each application for a permit shall describe the abutting property adjacent to which the proposed work on public property is to be done, either by lot, block or tract and house number, location on the street or similar description which will readily identify and definitely locate the site of the proposed work. Each applicant shall give such other pertinent information as shall be required by the building inspector. (Ord. 8590)
When required by the building inspector, an applicant for a permit shall file a lot or plot plan in triplicate showing the following:
(1) The exact location of the proposed building or structure.
(2) Every existing building or structure on abutting property.
(3) Every existing facility on public property adjacent thereto to the center line of the street right of way.
(4) All proposed walks, drives, curbs, gutters, pavements, public utility poles, fire hydrants, gas meters, water meters, storm sewer inlets, manholes or any other appurtenances.
Such plan shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature, character and extent of the work proposed, and shall show in detail that the work will conform to this article and to all related rules and regulations. Plans submitted at the time an application is made as provided in the Building Code, for construction on abutting property, may be used to meet this requirement. (Ord. 8590)
Each permit shall expire and become null and void if the work authorized therein is not commenced within six months of the date of permit or if the work authorized by the permit is suspended or abandoned after the expiration of the initial six month period. Before the work may be recommenced a new permit shall be obtained. No permit issued in violation of this article shall operate as granting any vested right, and such permit shall be deemed to be null and void and confer no right whatsoever under it. (Ord. 8590)
No person shall construct, reconstruct or repair any sidewalk, curb, gutter or driveway approach in the city without executing and delivering to the city a bond in the sum of $2,000, payable to the city of Dallas, Dallas County, Texas, with a good and sufficient corporate surety thereon, authorized to do business in the state, (Ord. 8590)
(a) The surety bond required by Section 43-43 must include the following conditions:
(1) that all work is done in a good and workmanlike manner and in faithful and strict compliance with the specifications and with the terms of this article and such ordinances, resolutions, or regulations that may be passed by the governing body relating to the construction, reconstruction, or repair of sidewalks, curbs, gutters, or driveway approaches;
(2) that the city must be fully indemnified and be held whole and harmless from any and all costs, expense, or damage, whether real or asserted, on account of any injury done to any person or property in the prosecution of such work, or that may arise out of or be occasioned by the performance of such work;
(3) that the person performing the work shall, without additional cost to the person for whom the work was done, maintain all construction for a period of five years from the date of the construction, reconstruction, or repair, to the satisfaction of the director, and reconstruct or repair the facility to the satisfaction of the director at any time within five years after the construction, reconstruction, or repair of such facility, and after 10 days’ notice from the director to reconstruct or repair the same.
(b) The opinion of the director as to the necessity of such reconstruction or repair is binding on all parties, and the bond must for such purpose be in force for five years after the construction, reconstruction, or repair of the facility. One recovery may not exhaust the bond, but the bond must be a continuing obligation against the sureties on it until the entire amount provided for is exhausted.
(c) If the bond is decreased because of any recovery that may be obtained, arising out of the violation of any condition of the bond, the governing body shall require, upon receiving notice of that fact, an additional bond to be given by any person in accordance with this article in an amount sufficient, when added to the unexhausted amount of the original bond, to be at all times equal to the sum of $2,000.
(d) The city may for itself, or for the use and benefit of any person injured or damaged by reason of any defective construction, reconstruction, or repair of any sidewalk, curb, gutter, or driveway approach by any person, firm, or corporation, maintain suit on the bond in any court having jurisdiction, or suit may be maintained by any person injured or damaged by reason of the failure of any person, firm, or corporation who constructs, reconstructs, or repairs any sidewalk, curb, gutters or driveway approach in the city to observe the conditions of the bond. (Ord. Nos. 8590; 22026)
Nothing in this article shall affect the bond of any person, firm or corporation now engaged in constructing, reconstructing or repairing such facilities which have already been executed in accordance with the terms of existing city laws, nor shall this be construed to in any manner diminish the liability of any surety or principal on such bond. No person having a bond to construct, reconstruct, alter, repair, remove or replace sidewalks, curbs, gutters or driveways on public property within the city shall be permitted to take out a permit for the reconstruction, alteration or repair of any such facility on any public property within the city and allow any person other than the bona fide holder of such bond to do any of the work. No permit for the construction, alteration or repair of any sidewalk, curb, gutter or driveway on any public property within the city shall be granted unless the five year maintenance bond provided for herein shall be in full force and effect at the time of request for such permit and the doing of the work. (Ord. 8590)
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