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HomeMy Public PortalAboutORD07393 BILL NO. INTRODUCED BY COUNCILMAN: W 1,4,L C oxoN ORDINANCE NO. 7`3°i_3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REGULATING THE EXCAVATION OF ROADWAYS WITHIN THE CITY, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 26.500. Title of law. Sections 26.500 through 26.650 shall be c1Ted_ a_n_ crown as the "Street Excavation Code of the City of Jefferson, Missouri." Section 26.510. Definitions. As used in Sections 26.500 through 26.650, the foll ow ng words, terms and phrases shall have the following meanings: (a) Business hours. - All periods of time other than those included in the phrase "non-business hours." (b) City. - The City of Jefferson, Missouri, a municipal corporation which, territorially, shall include all territory within the corporate limits of the city as such limits now exist or may, from time to time, be extended or retracted. (c) Engineer. The engineer of the city or his authorized representative. (d) Improved roadway. - Any roadway surfaced with brick, cement, concrete, asphaltic concrete, sheet asphalt, rock asphalt or bituminous material. (e) Non-business hours. - All hours on Saturday, Sunday or any legal holiday, and the hours of all other days between 5:00 p.m. and 8:00 a.m. of the following day. (f) Person.- Any person, firm, association, partnership, corporation, or the managing officer or agent thereof. (g) Public utility. - Any utility regulated by the Public Service Commission of Missouri engaged in the business of selling and supplying natural gas, electricity, water or telephone service to residents of the city. (h) Roadway. - Any street, alley, avenue, drive or boulevard or other public may within the city. (i) Right of -way. - All land within the city dedicated or conveyed to the city for public use, or used by the public, for streets, alleys, avenues, drives, boulevards or other public ways. (j ) Unimproved roadway. - Any roadway within the city that has not been surfaced with brick, cement, concrete asphaltic concrete, sheet asphalt, rock asphalt or bituminous material. Section 26.520. Permit required. 1. Except as provided in subsection '2 of s section, a person shall 1. not excavate within or cause an excavation to be made in, any roadway or right of way without first obtaining a permit ® from the engineer. 2. Upon a failure in the facility of any public utility necessitating immediate repair to prevent injury to persons or property or to restore essential public utility service, a public utility, upon notification to the engineer during business hours or the police department during non- business hours may make any excavation necessary to remedy the failure without first obtaining a permit. Section 26.530. Application�for�permit. 1. During normal business hours, ap--plications for permits shall be filed with the engineer on forms provided by him. The form shall provide appropriate spaces for the name, location and type of surface construction of the roadway or right of way to be excavated, the estimated dimensions of the area to be excavated, -the estimated cost and the actual cost of the permit, the probable period of excavation and such other information as may be required by the engineer. ® 2. When an excavation is required in any roadway or right of way during non-business hours to correct a failure in any private utility or sanitary sewer service, the excavator shall obtain a permit card from the -police depart- ment before commencing such excavation and apply to the engineer for a permit- before 12:00 o'clock noon of the next business day. 3. Any public utility causing an excavation to be made under the provisions of subsection 2 of Section 26.520 shall apply to the engineer for an excavation permit for the excavation before 12:00 o'clock noon of the next business day. Section 26.540. Issuance and ipayment of g2rmits. 1. Upon receipt of an application for a permit, the engineer shall compute and subscribe thereon the estimated cost of the permit from the following schedule of costs: (a) On unimproved dirt roadways, $7.00 for any excavation up to 100 square feet, and $.06 per square foot for each square foot of excavation exceeding 100 square feet and .less than 200 square feet, and $.03 per square foot for each square foot of excavation exceeding 200 square feet. (b) On unimproved loose gravel or crushed stone roadways, $4.00 for any excavation up to 20 square feet and $3.00 for each additional 20 square feet, or portion thereof. (c) On improved bituminous roadways, $20.00 for. any excavation up to 20 square feet, and $.90 per square foot for each square foot of the excavation exceeding 20 square feet. (d) On improved concrete roadways, $20.00 for any excavation up to 10 square feet, and $1.70 per square foot for each square foot of excavation exceeding 10 square feet. (e) On the unimproved portion of any right of way within which an improved roadway exists, $2.00 for any excavation up 2. to 100 square feet, and $.015 per square foot for each square foot of excavation in excess of 100 square feet, and this cost shall be added to any other costs provided for in subparagraphs (a), (b), (c) and (d) above. 2. Except as provided in subsection 3 of this section, the applicant shall pay the amount of the estimated cost of the. permit to the city collector who shall endorse his receipt thereof on the application. Upon presentation of the receipted application, the engineer shall issue the applicant a permit and permit card authorizing the excavation described in the application. 3. A public utility may deposit the sum of $1,000.00, in cash or certified check payable to the city, with the city collector and thereafter pay to him on the first day of each month the actual cost of all permits previously issued to the public utility for excavations which have been backfilled resurfaced and completed since the first day of the preceding month. In lieu of such cash or check, a public ® utility may file with the city clerk a corporate surety bond, to be approved by the mayor, conditioned on performance by the utility of the provisions of this subsection. 4. The engineer shall compute the actual cost of each permit by exact measurement of the excavated area. If the estimated cost exceeds the actual cost of the permit, the city collector, at the option of the permit holder, shall either refund the overpayment or credit same to the next permit applied for by the permit holder. . If the . estimated cost is less than the actual cost of the permit, the city collector shall bill the permit holder for the additional amount which shall be due and payable within five days. 5. The engineer shall not issue a permit: (a) to any person indebted to the city for a-previous permit under any provision of Sections 26.500 through 26.650. (b) to any public utility .failing to comply with the provisions of subsection 3 of this section, or (c) to any person or public utility for a period of one year when the person or public utility has been convicted of two or more separate violations of any of the provisions of Sections 26.500 through 26.650 within a period of twenty-four consecutive months, and the period of one year shall commence on the date of the second conviction. Section 26.550. Continuity of work. Every excavation shall be performed in a continuous operation during normal working hours on consecutive working days from the time of initial excavation to' the completion of backfilling and temporary resurfacing. Section 26.560. Excavation rocuedure. All excavations in any roadway or right way in this city shall be made in the following manner: 1. The permit holder shall notify the engineer of the time the excavation is to be commenced at least two hours before commencement of excavation. 2. The surface of an improved roadway shall be 3. removed by hand or hand operated portable power tool and not by trenching machine. The outer edges of all cuts through concrete surfaces shall be sawed to a depth of not less than 33 and 1/3 percent of the surface thickness by use of a power driven concrete saw. 3. Where rigid surfacing exists, the roadway surface shall be removed by hand or hand operated portable power tool to a width of not less than three (3) inches nor more than five (5) inches on each side of the excavated trench or area unless the engineer directs otherwise. If a trenching machine is used to excavate materials below the roadway surface, the surface shall be removed twelve (12) inches on both sides of the backhoe or scoop of the machine. 4. In the event the entire width of a roadway is to be excavated, the excavation shall be made and badk- filled within one-half of the width of the roadway before any excavation is made in the other half of the roadway. 5. The permit holder shall provide, erect and maintain such barricades, signs, flags, torches, lanterns or lighting at the excavation area as may be required by the engineer. Section 26.570. Backfill procedure. All excavations in any roadway or right of way in this city shall be back- filled in the following manner: 1. The permit holder shall notify the engineer of the time backfilling is to be commenced at least two hours before commencement of backfilling. 2. Backfilling shall be accomplished as quickly as good working practice permits, and an excavation shall not be left open and unfilled for a longer period of time than is deemed reasonable and necessary by the engineer. 3. All excavated materials which are deemed unsuitable by the engineer for purposes of backfilling shall be removed by the permit holder from the site of the excavation area before any backfilling is commenced, and the excavation shall be backfilled with a fine stone aggregate material conforming 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 one (1) inch square mesh; and, not less than 20% of the aggregate shall pass a 14 mesh screen. 4. All fill material shall be placed in the excavation in lifts not exceeding twelve (12) .inches, and each lift shall be compacted to a relative density of riinety- five percent (95°b) before any additional material is placed in the excavation. S. Unimproved roadways and unimproved portions of right of ways shall be backfilled to the level of the surrounding roadway or unimproved right of way surface. 6. When an excavation in any improved roadway unpaved with brick, is backfilled to a depth of fourteen (141 inches below the surrounding roadway surface, twelve (12) inches of one (1) inch minus crushed stone shall be placed in the excavation to bring the fill material to a level of two (2) inches below the surrounding roadway surface. 7. When an excavation in an improved roadway, that has been paved with brick, is backfilled to a depth of twenty (20) inches below the surrounding roadway surface, 4. twelve (12) inches of one (1) inch minus crushed stone shall be placed in the excavation to bring same to a level of eight (8) inches below the surrounding surface and, thereafter, a six (6) inch concrete base course shall be placed in the excavation to bring the fill material to a level of two (2) inches below the surrounding roadway surface. Section 26.580. Resurfacin procedure: maintenance 1. The permit holder s a resurface, or caused to be resurfaced, excavations within any roadway or right of way in. this city in the following manner: (a) Unimproved roadways and unimproved portions of any right of way shall be resurfaced with material identical to that of the surrounding roadway or right of way surface. (b) Improved roadways shall be resurfaced with two (2) inches of cold mix topping or cement mixture. 2. The permit holder shall maintain the re- surfaced excavation at a level with the surrounding roadway ® surface for a period of sixty (60) days .from the date of re- surfacing. Thereafter, the street commissioner of the city shall permanently resurface the excavation and maintain the resurfaced area at a level with the surrounding street surface. 3. If the permit holder fails to maintain the resurfaced excavation at' a level with the surrounding street surface during all, or any portion, of the sixty-day period, the street commissioner shall maintain the resurfaced area, keeping an accurate record of the cost thereof, and the expense of such work shall be certified to the city collector for collection from the permit holder. Section 26.590. Permit cards• display. Each excavation permit shall be in the possession of a person present at the excavation area during normal business hours, and each permit card shall be displayed publicly at the excavation area. Section 26.600. Excavations to be investigated. Police officers of the city sh—an ascertain whether or not any person excavating within any roadway or right of way in this city has obtained a permit to do so. Section 26.610. Record of ]Rermits. The engineer shall keep an accurate and complete recorTc. or all street excavation permits issued and index same by street location. Section 26.620. Report of violations. 'Any violation of the provisions of Sections 26.500 through 26.650 shall be reported to the city engineer and the city attorney. Section 26.630. Penalty. Any person violating any of the provisions of SectiPeons 26:500 through 26.620 shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than Fifteen Dollars ($15.00) or more than One Hundred Dollars ($100.00) for each separate violation. Section 26.640. Re eal clause. Ordinance Number 7171 of the City of Jefferson, ssour=mss, and it is hereby, repealed. Section 26.650. Effective date. Sections 26.500 through 5. 26.650 shall be in Force and effect upon the expiration of sixty days after the date of their passage and approval. Passed: /I/ / -� Approved: u- 0 1 f V 7dent of e oun yor Attest: Aity Clerk 6. :P