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HomeMy WebLinkAboutORD 1620Repealed by Ordinance #2879 ORDINANCE NO. 1620 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON RELATING TO THE REGULATION OF CUTTING, UNDER- MINING, DIGGING UP, EXCAVATING, TUNNELING, OR OTHER DISTURBANCE OF STREETS, ALLEYS, PAVEMENT OR IMPROVEMENT, PROVIDING FOR THE ISSUANCE OF A PERMIT, INSPECTION, AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND REPEAL- ING ANY AND ALL ORDINANCES OR PARTS OF ORDIN- ANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENT ON AS FOLLOWS: SECTION I: It shall be unlawful for any person, firm or cor- poration to cut up, dig up, undermine, break, excavate, tunnel or in any way disturb or obstruct any street, alley, or any street pavement or im- provement in the CT.ty of Renton without first having obtained written permission as hereinbelow provided; Provided, however, that in case of an emergency occurring outside of regular office hours whenever an immediate excavation may be necessary for the protection of life or public or private property, such matter shall be reported immediately to the street commissioner or city engineer of the City of Renton who may thereupon grant permission to make the necessary excavation upon the express condition that an application for a permit be made in the manner herein provided, on or before noon of the next following business day. SECTION II: The Street Commissioner shall grant such permit only upon compliance with the following terms and conditions: (a) The party requesting such permit shall make application in writing and simultaneously there- with file with the City Engineer a plat showing the location and plan of the excavation, cutting or other work desired to be done, and the street, alley or place to be so used, together with a full description of the nature of the work. The City Engineer and Street Commissioner shall there- upon examine such application and plat, and if the same shall be approved and a proper perform- ance bond filed, as hereinafter provided, the Street Commissioner may thereupon issue a permit. Be (b) Such permit shall specify the place where such acts are to be performed and done, together with a description of the proposed work to be done under such permit; the length of time allowed for the completion thereof; the permittee shall further be required to replace, to its former condition, whatever portion of the street, alley, pavement or improvement that may have been dis- turbed or affected in any way during such work, and such permit may further specify whether the City elects to do the work of restoring the surface as hereinafter provided. (c) The acts and work permitted under such permit, and the restoration to its former condition of such street, alley, pavement or improvement, shall at all times be performed under the super- vision and control of the Street Commissioner, but at the sole cost and expense of the permit- tee. (d) In making any excavation, cut or break in any public street, avenue or alley, the materials thus excavated from the trenches thereof not otherwise suitable for backfilling shall be dis- posed of as directed by the Street Commissioner. All such excavations shall be backfilled with approved materials and shall be fairly compacted by water or mechanical tamping. (e) The maximum length of any open trench during such work shall at no time exceed 200 lineal feet, ex- cept when otherwise granted by special written permission from the Street Commissioner. (f ) All existing storm sewer facilities and other utilities that are moved or disconnected during such work shall be replaced immediately as direct- ed and all excavated areas shallbe cleaned thorough- ly and swept immediately after b&filling and after completion of compaction. A concrete saw shall be used to out all pavement so as to produce a reason- able square and true edge without spalling or crack - into adjacent pavement. (g) If the Street Commissioner so elects, all excavated materials at intersections shall be removed and disposed of and planks placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times. (h) In excavating any public street, avenue or alley the surface material and earth removed must be kept separate and deposited in a manner that will occa- bion the least inconvenience to or interference with the public, with adequate provision for proper surface drainage and safe passage for the traveling public. Such surface or pavement, after refilling, shall be placed in as good condition and wear as it existed immediately prior to the excavations. If the permittee shall fail to complete such work and restore such street, alley, pavement or improvement before the expiration of the time fixed by such -2- permit, the Street Commissioner shall, if he deem it advisable, cause such work to be done by the City or any other party in order to return such street, alley, pavement, improvement or place to its original and proper condition as it existed immediately prior to such excavation; in such case the permittee shall be liable unto the City for any and all work performed and the City shall have the right to proceed against the performance bond filed by said permittee as herein provided. The City shall have a right of action against such permittee for all fees, expenses and costs paid out and in- curred in connection with such work, not otherwise covered by saidon& (i) The permittee as a�/contion to the issuance of such permit shall warrant and guarantee unto the City the work performed and the retoration of said prem- ises for a period of two years from the date of oompletion of such work. (j) The Street Commissioner shall have the right to elect, and to specify such election on thepermit to be issued that the refilling of all trenches made in a public street, alley or highway, and the re- paving or resurfacing thereof, may be done by the City of Renton and any and all costs and expenses in connection therewith to be charged to and paid by the permittee and/or the sureties of his perform- ance bond. Such bond shall be in an amount not less than the anticipated cost of the work to be done. SECTION III: The fee for such permit shall be the sum of Ten Dollars ($10.00), provided any such excavations do not exceed 25 lineal feet in length, and in addition to said sum of $10.00 a sum of 15 cents per lineal foot over and above said 25 lineal feet. The Street Commis- sioner shall furnish specifications for street, alley, and roadway restoration to the permittee. SECTION IV: Such permit shall be issued in triplicate and one copy thereof shall be forthwith filed by the Chief of Police, one copy with the City Clerk, who shall also be notified when the street, alley, or other improvements shall be restored to their former condition as required by this ordinance. Immediately upon the completion of the acts or work allowed under such permit, written notice thereof shall also be given to the Street Commissioner by the permittee. Any delay after such completion, in giving such written notice to the Street Commissioner, or the Chief of Police, shall render the permittee liable -3- upon his bond in the sum of not less than Twenty-five Dollars ($25.00) for each day of any such delay. SECTION V: The Street Commissioner may, if in his judgment the nature and type of work be such as to require inspection thereof, either during the progress of such work or after the premises affected have been restored to its original condition, or at both said times, inspect the same at the expense of the permittee and said permittee shall pay an inspection fee of 3 per elm . SECTION VI: The applicant for any such permit, prior to the issuance thereof as herein provided, shall execute and deliver unto the City of Renton and file with its City Clerk a performance bond in such amount as shall be fixed by the Street Commissioner with sureties to be approved by the City Clerk, which bond or any additional bond and/or separate liability insurance coverage shall also provide that the appli- cant will keep and save the City harmless from any and all claims, lia- bilities, judgments, loss, damages and expenses arising from any acts which said permittee may do under the permit, or which may be done by any of his agents, servants, representatives or employees in excavating or disturbing any such alley, street, pavement or improvement, or by reason of the violation of any of the provisions of this ordinance; and to otherwise fully warrant the work and acts required hereunder for a period of two years. SECTION VII: In case any public street, alley, paveraent, im- provement or place shall be dug up, excavated, undermined, cut or dis- turbed, the permittee shall cause to be erected and maintained around the portion of the street, alley, pavement, improvement or place so dis- turbed, such barriers, lights, signs, flagmen and other safety devices as may be required by the Street Commissioner and the Police Department of the City of Renton, and failure to do so shall constitute a violation of this ordinance. SECTION VIII: Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be fined in any sum not to exceed One Hundred Dollars ($100.00) 'or imprisoned in the City Jail for not more than thirty (30) days, or by both such fine and imprison- ment. SECTION IX: Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded. SECTION X: This Ordinance shall be effective from and after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL this � day of June, 1957• a.('4 .T j ity vClerk APPROVED BY THE MAYOR this 11 day of June, 1957- Approvedi as to form: Gerard M. Shellan, City Attorney -5- Jo R. Baxter, Mayor