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HomeMy Public PortalAboutORD07582 i i BILL NO. (As Amended) INTRODUCED BY COUNCILMAN ORDINANCE NO. 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 FOLLOWS3 Section 26.500. Title of law. Sections 26. 500 through 26. 650 shall be cited and known 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 following 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 Director of Public Works of the City or his authorized representative. (d) Improved roadway. - Any roadway surfaced with brick, Portland 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, partner- ship, 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 way 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, Portland Cement concrete, asphaltic concrete, sheet asphalt, rock asphalt or bituminous material. Section 26.520. Permit required. 1. Except as provided in subsection 2 of this section, a person shall not excavate within, -2- � or cause an excavation to be made n an roadway or right-of-way i � Y Y g Y !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, applications 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 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 payment of permits. 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 or on the unimproved portion of any right-of-way within which an improve roadway exists, $2. 00 for any excavation up to 100 squat ® feet, and $0. 01 per square foot for each square foot of excavation exceeding 100 square feet and this cost shall be added to any other costs provided for in subparagraph (b) , (c), (d) and (e) below. (b) On unimproved loose gravel or crushed stone road- ways $4. 00 for any excavation up to 20 square feet and 42. 00 for each additional 20 square feet, or portion thereof. (c) On improved bituminous roadways, $15. 00 for any excavation up to 20 square feet, and $ 0.50 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 20 square feet, and $0. 90 per square foot for each square foot of excavation exceed- ing 20 square feet. (e) Granular backfill a s r equired under Section 26. 570 of this Ordinance, if furnished by the City, $ 0. 13 per cubic foot. 2. Except as provided in subsection 3 of this section, the applicant shall deposit the amount of the estimated cost of the permit payable to the City Collector. The engineer shall •, -3- � I ithen issue the applicant a permit and permit card authorizing the �lexcavation described in the application. j 3. A public utility or any other person, at the dis- cretion of the engineer, may deposit the sum of $1, 000. 00 in cash ;tor certified check payable to the City with the City Collector and,l ithereafter, pay to him on the first day of each month the actual j cost of all permits previously issued to the public utility or ( person for excavations which have been backfilled and completed since the first day of the preceeding month. In lieu of such cash or check, a corporate surety bond may be filed with the City Clerk, to be approved by the Mayor, conditioned on performance by the applicant of this subsection. 4. The engineer shall compute the actual cost of each permit by exact measurement of the excavated area. If the estimat d cost exceeds the actual cost of the permit, the overpayment shall be refunded or credited to the next permit applied for, at the option of the permit holder. If the estimated cost is less than the actual cost of the permit, the applicant shall be billed for the additional amount which shall then be due and payable. 5. The engineer shall not issue a permits (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 hoursl . on consecutive working days from the time of initial excavation to the completion of backfilling. ® j Section 26.560. Excavation procedure. All excavations in any roadway or right-of-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 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 33-1/3 percent of the surface thickness by use of a power driven concrete saw. If the contractor fails to saw the rigid pavement, the City shall perform this operation and the cost thereof shall be charged to the contractor. 3. Where rigid surfacing exists, the roadway surface shall be removed by hand or hand operated portable power tool to I i I i i a width of not less than six (6) inches nor more than twelve (12 ) 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. i 4. In the event the entire width of a roadway is to be excavated, the excavation shall be made and backfilled within one- hald 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. I Section 26. 570. Backfill procedure. All excavations in anyi roadway or right-of-way in this City shall be backfilled in the following manner: 1. The permit holder shall notify the engineer of the time of backfilling is to be commenced at least two hours before ® commencement of backfilling and at the completion 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 materials excavated in roadways shall be removed by the permit holder from the site of the excavation area before any backfilling is commenced, and the excavation shall be back- filled with a fine stone aggregate material (unwashed chat) . ,- How- ever, suitable excavated material may be used for backfill if the permit holder utilizes mechanical compaction equipment satisfactor to the engineer, in which case the top 15 inches of the trench must, be filled with the stone aggregate herein described. ' Said backfil material will be available from the City at the cost specified in Section 26. 540. Excavated materials in unimproved portions of rights-of- way may be used for backfill, if approved by the engineer. ® 4. All backfill material shall be placed in the excava- tion in lifts not exceeding eight (8) inches, and each lift shall be compacted before any additional material is placed in the exca- vation. 5. Unimproved portions of rights-of-way shall be back- filled as described in subsection 4 hereof, to the level of the surrounding surface. 6. Granular backfill in all roadways shall be backfilled to the surface level of the surrounding roadway. Section 26.580. Maintenance and resurfacing 1. The perms holder shall not be required to maintain the granular backfill, if completed to the satisfaction of the engineer. If the engineer does not approve of the backfilling and undue settling results, re quiring additional granular material, the permit holder shall fur- nish the material required or be billed for the related cost in- curred by the City. 2. The permit holder shall resurface unimproved portion of any right-of-way with material identical to that of the sur- rounding right-of-way surface. 3. The City Street Department shall resurface all paved surfaces where required and maintain said resurfacing. i Section 26. 590. permit cards: disvlay. 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 bg Investigated. police officers of the City shall 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 permits. The engineer shall keep an accurate and complete record of all street excavation permits issued and index same by street location. Section 26.620. R art of violations. Any violation of the provisions of Sections 26.500 through 26. 650 shall be reported to the engineer and the City Attorney. Section 26. 630. P nal Any person violating any of the provisions of Sections 2 .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. Repeal clauses Ordinance Number 7393 of the City of Jefferson, Missouri, is, and it 'is hereby, repealed. Section 26.650. Effective date. Sections 26. 500 through 1 26.650 shall be in force and effect upon the expiration of thirty days after the date of their passage and approval. /( / � - assed � Approved.�: P esident of the Coun it or Attest: City C1 rk - o