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.
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