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.
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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penalty be, and the same is hereby, repealed.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
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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.
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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
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resident of the Counc Maya
C. F. WHALEY 71 C. F. WHAMY
ATTEST:
City Clerk
HAROLD B. BAKER, Jr.