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Home My Public Portal About058-1991 - ORDINANCE AMENDING CHAP 96 OF THE RICHMOND CITY CODEAN ORDINANCE AMENDING CHAPTER 96 OF THE RICHMOND CITY CODE REGARDING STREET EXCAVATIONS BE IT ORDAINED by the Common Council of the City of Richmond as follows: 1. That Section 96.10(c)(1)(a) of the Richmond City Code be amended as follows: Sectign 96.1 1 (a) To backfill opening of street, alley, or sidewalk, with clean gravel or stone, and to tamp in top of that part of the trench which is in the traveled street or alley and to maintain the street or alley surface which has been disturbed in a smooth and uniform condition for a period of 52 weeks after traffic is again permitted to pass over the filled trench, unless otherwise specially provided. 2. That Section 96.10(c)(1)(b) of the Richmond City Code be amended as follows: Section 96.10(c)(1)(b) If permanent paving materials are readily available, to resurface all openings within 20 days of refill. If permanent materials are not available, temporarily seal all openings within 3 days after work is completed, and when paving materials are readiiv available, to resurface permanently within 3.0 days. 3. That Section 96.10(c)(3) of the Richmond City Code be amended as follows: Section 96.10(c)f3) In the event that street excavations are not properly filled, closed and sealed in accordance with Section 96.10(c)(1)(b), the City Engineer shall proceed to properly close and resurface the excavation, and shall bill the applicant for the cost of labor and material required to properly close and resurface the excavation. The applicant shall agree to reimburse the city for costs so incurred. 4. That Section 96.10 (h) of the City Code be amended as follows: Section 96.10(h) Penalty Any person violating this section shall be subject to a fine of One Hundred Dollars ($100.00) for the first offense and Five Hundred Dollars ($500.00) for each subsequent offense. 5. That Section 96.12 of the City Code be amended to include a new subsection (h) as follows: All utility manholes or valves in the roadway of a city street or alley shall be adjusted to grade either before, while or immediately after permanent improvements are made. The utility shall perform this work in conformance with the City standards on file in the office of the City Engineer. 6. That Section 96.12 of the City Code be amended to include a new subsection (i) as follows: Any persons violating this section shall be subject to a fine of One Hundred Dollars ($100.00) for the first offense and Five Hundred Dollars ($500.00) for each subsequent offense. 7. That Chapter 96 of the Richmond City Code be amended to include a new Section 96.14 as follows: gection 96.14 A Every public utility that uses the streets or alleys or any part of the city right-of-way for gas, water, telephone, electricity, or similar pipes or conveniences, shall maintain on file with the City Engineer a three year master plan for construction and repairs on any part of the utilities' structures located within the streets, alleys, or right-of-ways. The master plan shall be updated on a yearly basis. Any changes to the three year master plan shall be reported to the City Engineer for approval at least 60 days before implementing any work. In the event of emergency repairs, the utility shall give notice to the City Engineer within 48 hours after making the emergency repair. B. Any person violating this section shall be subject to a fine of One Hundred Dollars ($100.00) for the first offense and Five Hundred Dollars ($500.00) for each subsequent offense. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this 2, D day of ,Zod'e,,� , 1991. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana this �_ day of Zee- - ,1991. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this _L�day of Lzk c , 1991. Mayor ATTEST: City Clerk INTER -OFFICE MEMO CITY OF RICHMOND DATE: November 26, 1991 TO: Members of the Common Council FROM: Bruce Metzger, City Attorney M/14 RE: Street Cut Ordinance COPY TO: Bob Wiwi, File After reviewing the adjusted amendments to the Street Cut Ordinance with the City Engineer and the Street Commissioner, we have prepared some additional amendments to the Ordinance. The amendments include: 1. A provision that the backfill must contain clean gravel or stone, as opposed to the utilities suggestion that pit run grave or #53 stone be used. The City Engineer objects to the use of pit run gravel because it can often have dirt mixed in with it which makes an unacceptable packing material. 2. Temporary resurfacing must be done within 3 days, and permanent paving must be completed within 20 days when paving materials are readily available. The current City Code requires resurfacing within 20 days. 3. We re-inserted the provision that if the street excavations are not properly filled, the City would close and resurface, and bill the utility for the cost. 4. We raised the penalty for a second or subsequent offense from the suggested $300.00 to $500.00. 5. Section 96.12(h) is changed to provide that manholes and valves will be adjusted to grade either before, while or immediately after permanent improvements are made. llw 1 DATE: TO: FROM SUBJECT: COPY TO - �F RfCH �'vDIANP INTEROFFICE MEMO CITY OF RICHMOND 50 NORTH FIFTH ST. - RICHMOND, INDIANA 47374 October 17, 1991 Mary Merchanthouse, City Clerk Bruce Metzger, City Attorney &/ 1 Street Cut Ordinance Sally Hutton, File Councilman Don McBride is sponsoring the attached ordinance concerning street cuts. Section 1 of the ordinance amends a section of the City Code and changes the type of gravel that may be used in backfilling an opening. The word "washed" is substituted for the word "bankrun". Section 2 amends the excavation sections of the City Code to allow the City Engineer to properly fill a street cut and bill the utility for the cost. Section 3 is an amendment to a current section in the City Code concerning excavations of streets. It provides that when a utility fails to get a permit for an excavation or fails to properly resurface, they would be subject to a fine of $500.00 for the first offense and $1,000.00 for each subsequent offense. Currently the fines are not less than $50.00 nor more than $300.00. Section 4 adds a new subsection (h) to Section 96.12 of the Code, which requires manhole and valves to be of the same grade as the street or alley. Section 5 adds a penalty clause to a section of the City Code that governs the standards utilities must comply with when installing utilities during street paving. Section 6 of the ordinance adds a new section to the City Code that requires every utility to frle a three-year master plan with the City. It also provides a fine of $500.00 for the first offense and $1,000.00 for the second offense. Please place this ordinance on the agenda for the October 21st meeting. llw ORDINANCE NO. 58-1991 AN ORDINANCE AMENDING CHAPTER 96 OF THE RICHMOND CITY CODE REGARDING STREET EXCAVATIONS BE IT ORDAINED by the Common Council of the City of Richmond as follows: 1. That Section 96.10(c)(1)(a) of the Richmond City Code be amended as follows: Section 96.10(c)(1)(a) (a) To backfill opening of street, alley, or sidewalk, with pea gravel or washed gravel and to tamp in top of that part of the trench which is in the traveled street or alley and to maintain the street or alley surface which has been disturbed in a smooth and uniform condition for a period of 52 weeks after traffic is again permitted to pass over the filled trench, unless otherwise specially provided. 2. That Section 96.10(c)(3) of the Richmond City Code be amended as follows: Section 96.10(c)(3) In the event that street excavations are not properly filled, closed and sealed within 20 days after refill, the City Engineer shall proceed to properly close and resurface the excavation, and shall bill the applicant for the cost of labor and material required to properly close and resurface the excavation. The applicant shall agree to reimburse the city for costs so incurred. 3. That Section 96.10 (h) of the City Code be amended as follows: Section 96.10(h) Penalty Any person violating this section shall be subject to a fine of Five Hundred Dollars ($500.00) for the first offense and One Thousand Dollars ($1,000.00) for each subsequent offense. 4. That Section 96.12 of the City Code be amended to include a new subsection (h) as follows: Section 96.12(h) All utility manholes or valves in the roadway of a city street or alley shall be adjusted to grade either before or immediately after permanent improvements are made. The utility shall perform this work in conformance with the City standards on file in the office of the City Engineer. 5. That Section 96.12 of the City Code be amended to include a new subsection (i) as follows: Section 96.120) Any persons violating this section shall be subject to a fine of Five Hundred Dollars ($500.00) for the first offense and One Thousand Dollars ($1,000.00) for each subsequent offense. 6. That Chapter 96 of the Richmond City Code be amended to include a new Section 96.14 as follows: Section 96.14 A. Every public utility that uses the streets or alleys or any part of the city right-of-way for gas, water, telephone, electricity, or similar pipes or conveniences, shall maintain on file with the City Engineer a three year master plan for construction and repairs on any part of the utilities' structures located within the streets, alleys, or right-of-ways. The master plan shall be updated on a yearly basis. Any changes to the three year master plan shall be reported to the City Engineer for approval at least 60 days before implementing any work. In the event of emergency repairs, the utility shall give notice to the City Engineer at least 48 hours before making the emergency repair. B. Any person violating this section shall be subject to a fine of Five Hundred Dollars ($500.00) for the first offense and One Thousand Dollars ($1,000.00) for each subsequent offense. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, the — day of , 1991. President of Common Council ATTEST: Mary Merchanthouse, City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this _ day of , 1991. Mary Merchanthouse, City Clerk APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this_ day of , 1991. Frank H. Waltermann, Mayor ATTEST: Mary Merchanthouse, City Clerk STATE OF INDIANA ) ) SS: COUNTY OF WAYNE ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared , Mary Merchanthouse, and Frank H. Waltermann, and acknowledged the execution of the foregoing instrument this _ day of , 1991. Witness my hand and Notarial Seal. Notary Public residing in Wayne County, Indiana My Commission Expires: DISPOSITION OF ORDINANCE NO. S' -199 t RESOLUTION NO. -199 by Common Council Ordinance No. Resolution No. ` Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Date /O -a(-9/ Susp. rules Ist read Title only a _ ------------------------- Seconded ------ ---------- v --------- -------- -------------- ------ ------ Proof of Publicaton ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Move to 2nd read -------------- - ---------- Seconded ------ ---------- ---------- Engrossment ----- -------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Susp rules 3rd read Seconded l� Passage L c� ------ --------------------- ------- ------- -------- ------- Rejection 0 I----------OR-- Date Passed /? - —7 - 7/ COMMITTEE ASSIGNMENTS: Committee Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS COMMENTS: