Loading...
HomeMy Public PortalAboutORD07171 vy ORDINANCE M. 7171 AN ORDINANCE REPEALING ORDINAVIE Nt1MJiEIt 6921 REGULATING THE MCAVATIONS OF CITY STREETS AND PROVIDING A PFTJALTY AND IVAC7.7'NO A JJF17 ORDINANCIr, PTM'PJNTN0 TO THE SAM, SUBJECT AND PROWDING A PLTJALTY. Amok BE IT ORDAINED iiY THE CITY COUNCIL OI'' TIJL CITY OIL JE F F FRSON, ITSSOIMI AS FOLLOWS: Section 1. Repeal Provision. Ordinance Number 6921 of the City of Jefferson, MLssouri, regulating;the excavations of city streets and alloys and providing a penalty be, and the same is hereby, repealed. Section 2. Street excavations permits* It shall be unlawful for any per- son, firm or corpora ion, or any officer or employee thereof, or any abutting property owner, to dig and excavate in any manner within any public street or alley in this city, without first having obtained a permit to do so as specified in the following section. Section 3. Issuance of Permit. Every person, firm or corporation, or any officer or employee thereof, or abutting property owner desiring to dig or excav- ate into any public street or alley within this city shall apply to the City Sewer Commissioner for a permit authorizing him to dig and excavate. The permit shall be on a blank form, to be prepared by the Sevier Commissioner, which form shall set forth the name and location of the portion of the street or alley to be excavated, the type of construction of said street or alley, the estimated number of square feet of the improved or unimproved surface area to be excavated, and the amount of cash or the amount of the certified check required to make such excavation, and such other data and information as the Sevier Commissioner may deem necessary and pertinent. Upon receipt of the permit issued by the Sewer Commissioner, the applicant shall present same to the City Clerk, who shall endorse upon said permit the fact that the applicant has deposited viith him cash or a certified check of some banking; institution within the city, for the use and benefit of the city for the proper replacement of the surface to said street or alley in an amount as called for in such permit. The amount of cash or the amount of the certified check shall be in an amount large enough to cover the cost of replacing or restoring the street or alley surface in as good a condition as existed before the excavation or digging. The Sewer Commissioner shall estimate the number of square feet of street or alley to be excavated at the time the permit is issued and the cost of the permit shall be as follows: On unimproved dirt Streets or Alleys, $$ 3.50 for any excavation up to 100 square feet and $ ;03 per square foot for each square foot of excavation in excess of 100 square feet. On unimproved loose gravel or crushed stone Streets or Alleys, $ 2.00 for any excavation up to 20 square feet and $ 1.50 per 20 square feet for each 20 square feet or part thereof of excavation in excess of 20 square feet. On Bituminous Streets or Alleys, $ 10.00 for any excavation up to 20 square feet (as a minimum basic fee) and $ .h5 per square foot for each square foot of excavation in excess of twenty (20) square feet. On Qement Streets or Alleys, $ 10.00 for any excavation up to ten (10) Square feet (as a minimum basic fee) and 9$ 0.85 per square foot for each square foot of excavation in excess of ten (10) square feet. On the unimproved area within the street or alley right-of-vmy that has an improved street or alley within the limits of the right-of-way, 1.00 for any excavation up to 500 square feet and per square foot for each square foot of excavation in excess of 500 square feet. This cost is in addition to the minimum basic fee. j S fiction Its Excavations_and backfillig.o All excavations within the streets and alleys of-his es5all be made in the following manner! A► All cement, concreta, asphaltic concreta, shoot asphalt] rock asphalt and bituminous surfacing shall be removed by hand and without the use of a trenching machine. Be The, for existing rigid street surfacinp,� street surface removed by hand shall extend at least six inches on each side of the width of the sides of excavated trencee Co Xf, for existing rigid street surfacing, a trenching mach- ine is to be used to remove and excavate earth, dirt, rock or other materials below the street surface, the street surface shall be removed for a distance of twelve inches to both sides of the back hoe or scoop of the machine to be used. D. In the event it is intended to excavate across the entire width of any street or alley within the improved portion thereof, the excavation work shall. be performed in sect- ions so that no more than one half of said street or alley shall be trenched and excavated at one time so that motor vehicle and pedestrian traffic might pass over the un- excavated half of said street. The half of the street excavated first shall be backfilled in compliance with the next paragraph prior to the trenching or excavation of the other half of the street. Removal of excavated materials. Any person who shall excavate in the paved portion of any public street., roadway, alley or sidewalk pursuant to a permit obtain- ed from the Sewer Commissioner, as provided for by ordinance, shall remove all materials excavated ifs in the opinion of the Sewer Commissioner or his agent., the excavated material is unfit for use as a backfill mater- ial, and shall dispose of the same prior to placing any backfill material into such excavations. Backfilling Paved Streets. Any person who shall excav- ate in he paved portion of any public street, roadway, alley or sidewalk shall where required, backfill such excavation with a fine stone aggregate material conform- ing to the following gradation: Not more than 15% of the aggregate shall be of organic material; not more than 10% of the aggregate shall be retained on a 1" square mesh screen and not less than 20% of the Aggreg- ate shall pass a 14 mesh screen. Backfi.11ing Unpaved Streets. Any person who shall ex- cavate in any unpaved pvFgon of any public street, road- way, alley or sidewalk shall backfill such excavation as is provided for backfilling excavations in paved public streets, alleys and sidewalks, or upon the approval of the Sewer Commissioner, the material removed from such excavation may be used -2- for backfill, Provided, such material is placed in the excavation in ltf.s not exceeding twelve (12) inches and esch lift being compacted to a relative density ® of 95%; such backfill shall be inspected by the De- partment of the Sewer Commissioner to determine whether the requirements of this Section have been fulfilled. E. All excavations shall be filled in the following manner: No more than twelve (12) inches of earth, rock or fill shall be replaced within said trench prior to the com- pact tamping thereof. This process shall be repeated until all earth work has been firmly and securely com- pacted and the surface of the trench is brought to the level of the surrounding straet surface. F. No backfil:ing work shall be initiated until the City Street Commissioner shall first be notified. The person, firm or corporation, or officer of said corpor- ation, shall keep the excavation so refilled at a level with the surrounding street surface so as to make the surface of the excavation safe and convenienT for motor vehicle and pedestrian traffic during t-ae period which ensues between the time of the initial back- filling and the time when the Street Commissioner is able to resurface the excavated area. G. Any person who shall excavate in the paved portion of any public street, roadway, alley or sidewalk stall obtain the approval of the Sewer Commissiore: that the backfill meets the requirements of this section. Section S. Resurfacina,Bituminous or Paved Streets._ All resurfacing work on bituminous or paved streets shall be performed by the holder of the permit, or his contractor, unless the Street Commissioner, at the request of the holder of the permit, agrees to do so. All resurfacing work shall be per- formed with materials identical or similar to those removed. All resurfacing ' work performed by the holder of the permit, or his contractor: shall be subject to the inspection of and must be approved by the Street Commissioner. Where the resurfacing work on bituminous or paved streets is per- formed by the holder of the permit, or his contractor, and the written approval of the Street Commissioner or City Engineer is obtained, said approval shall be presented to the City Clerk by the holder of the permit and the City Clerk shall refund to the holder the amount deposited after first deducting the minimum basic fee wlAQh is not returnable. When the holder of the permit, or his contractor, shall undertake to perform the resurfacing work on bituminous or paved streets and fail to obtain the approval of the Street Commissioner because all, or any portion, of said resurfacing work is defective or improperly performed, the Street Commissioner shall properly resurface said excavated area as necessary, keeping an accurate record of the cost thereof to which the Street Com- missioner shall add a sum of money equal to Fifty (50%) per cent of the cost of said work, and this amount, together with the minimum bassic fee shall be presented by a statement of the Street Commissioner to the City Clerk, who shall deduct sa4.d r mcunt from the sum deposited with the City Clerk, returning the balarca o.' said d Bposit to the. holder cf the permit. -3- All monies collected by the City Clerk as the minimum basic fee for excavations w thin the streets, roadways, alleys or sidewalks in the city and all monies retained by the City Clerk in instances where the Street Com- missioner performs said resurfacing work at the request of the holder of the permit or because the holder of the permit, or his contractor, have failed to properly resurface said excavated area, shall be placed to the credit of the vehicle fund to defray the expense of resurfacing the excavated areas. Subject to the provisions of the preceding paragraphs of this section, any person, firm or corporation, or officer or employee thereof, or any abutting property owner desiring to dig or excavate within any street, road- way, alley or sidewalk may deposit with the City Clerk of the City the sum of One Hundred ($100.00) Dollars in cash and then pay for any permit (s) on the firs: day of each month following completion of the work, provided that, the permit for each separate excavation must be obtained before any excava- tion is made in the streets, roadways, alleys or sidewalks of this city. Section 6. Police to investigate excavations. It is hereby made the duty of every police officer of the City of Jefferson to ascertain whether or not any person, firm or corporation, or any officer or employee thereof, or any abutting property owner digging or excavating within any public street or alley within this city, has secured a permit to do so. Any failure to do so shall be reported to the city attorney. -Any person shall have the right to see such permit upon demand and all permits must be kept in the possession of some one present at the excavation. Section 7. Street Commissioner to be notified when excavation is coM: menced. All persons, firms or corporations or abutting property owners to whom permits shall have been issued shall notify the city street commissioner when such work is to commence and also of completion of said work. Permits shall be issued for a period of thirty (30) days, but said period of time may be extended by the City Sewer Commissioner for a reasonable period of time, pro- vided good cause is shown. Section 8. Penalty Any person or persons, firm, copartnership or corporation, or officer or employee thereof, or any abutting property owner, violating the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be fined not less than Fifteen ($15.00) Dollars nor more than One Hundred ($100. 00) Dollars. ® Section 9. This ordinance shall be in force and effect from and after its passage and approval. Passed: December 1$, 1961 Approved: December 19, 1961 2 (2�* resident of the Counc Maya C. F. WHALEY 71 C. F. WHAMY ATTEST: City Clerk HAROLD B. BAKER, Jr.