Chapter 11.02
PUBLIC WAYS PROJECTS
Sections:
11.02.020 Applications for permits.
11.02.050 Prosecution of work.
11.02.080 Protection of public.
11.02.100 Damage to public property.
11.02.110 Relocation of facilities.
11.02.120 Specifications for street excavations.
11.02.010 Permits.
It shall be unlawful for any person to perform any work within the right-of-way of any street, alley or other public property unless a permit for the proposed work shall have first been obtained from the City.
11.02.020 Applications for permits.
Applications for permits shall be made in writing prior to commencement of the work and provide the following minimum information:
A. Name and address of applicant.
B. Name, address and phone number of person directly responsible for the work.
C. Statement as to nature of work contemplated, giving location and full details of construction.
D. Map, adequately dimensioned, showing location, depth and any other information required to positively identify and indicate the nature of the work and its location.
E. Time, give starting and completion dates.
F. Statement of necessity indicating why the proposed installation can or should not be located otherwise. If emergency work is done by a public utility, application for a permit shall be made on the next working day.
11.02.030 Fees.
Applicant shall pay to the City Clerk at the time of making the application a permit fee in the amount adopted by resolution. Every three years the City Council shall review the fees and charges established in the resolution and if it is determined that a change is needed, the City Council shall adopt such change by resolution. (Ord. 2009-2 § 1, 3-10-2009)
11.02.040 Guarantee.
Before any permit is issued to any person, other than a public utility, having franchise rights within the City, or a contractor having had a City business license in force five years before the date of the application for permit, the applicant shall deposit with the City Clerk a bond, cashier’s check or certified check in an amount approved by the Street Superintendent as a guarantee for the faithful performance of the work specified in the application. Said bond or check shall be retained for one year, subsequent to the completion of the work to guarantee the maintenance and repair of said work to the satisfaction of the City, normal wear and tear excepted.
11.02.050 Prosecution of work.
Prosecution of work shall be in strict conformance with statements on permit and application for permit. Variations made from permit shall be considered to be a wilful violation of this chapter and the schedule of fees shall be applied as though a permit had not been secured.
11.02.060 Codes applicable.
Safety orders of Industrial Accident Commission, State laws and City ordinances applicable to the work shall be considered to be in full force and effect even though not particularly enumerated herein.
11.02.070 Inspections.
Inspection shall be requested prior to starting any work included in this chapter. Inspector shall specify the various stages of the work when he wishes to be notified for inspections. Inspector shall revoke permits and stop construction for noncompliance with specifications.
11.02.080 Protection of public.
A. Safety of public shall be guaranteed through use of flares at not greater than 100-foot intervals, adequate barricades, flags and other appropriate warning devices agreeable to the City Inspector. The permittee shall, upon written notice from the City Inspector, furnish additional safety devices when in the opinion of the City Inspector the safety of the people require more protection than normally supplied or indicated herein. The City Inspector shall determine the safety requirements of the people and his judgment shall be final.
B. Public inconvenience shall be minimized through proper and thoughtful procedure bearing in mind the public inconvenience connected with such construction. Work shall be completed within the time specified in the permit, cuts, excavations or other destruction of public property shall not be made until all material for the proposed work is delivered to the job site, stored locally or is known to be immediately available to the installation.
11.02.090 Liability of City.
Liability of the City, its officers, authorized agents and/or employees shall be protected by the grantee and grantee shall indemnify and hold harmless the City, its officers and employees from any damages or suits for damages arising from or connected with the granting of this permit.
11.02.100 Damage to public property.
The City shall be indemnified through the permittee paying to the City upon demand the cost of all repairs to public property made necessary by or proximately resulting from any operations of the permittee under this permit, ordinary wear and tear excepted.
11.02.110 Relocation of facilities.
Relocation of permitted facilities or their appurtenant structures, connections, outlets, etc., shall be at the sole expense of the permittee when said facilities or appurtenances conflict with improvements for the public convenience, or general good of the community.
11.02.120 Specifications for street excavations.
A. Cutting of surface, pavements, curbs or walks shall be straight as possible in order that resurfacing difficulties may be minimized.
B. Excavation shall be vertical below edge of surface cut; excavation on cave-in under pavement shall be considered as a surface or pavement cut.
C. Backfill shall be considered as critical element in this portion of the chapter to regulate and govern the installation of underground facilities within the public-owned rights-of-way. Backfill methods specified herein shall be considered as the absolute minimum for this area. Backfill shall consist of any of the following:
Pit run gravel or other mineral aggregate which shall conform to these gradations:
|
Passing a 2-inch mesh |
100% |
|
Passing a 1-1/2-inch mesh |
90 to 100% |
|
Passing a 3/4-inch mesh |
50 to 90% |
|
Passing a No. 4 mesh |
25 to 50% |
|
Passing a 200 mesh |
3 to 9% |
The aggregate shall be placed in the excavation, in layers not to exceed six inches in thickness, wetted and compacted before succeeding layers are placed. The fill material shall be brought even with the existing surface and opened to traffic. Upon approval by the City the permittee shall remove the fill material to a sufficient depth to replace the existing surfacing in kind or an approved equal. When the mineral aggregate does not contain sufficient natural cementing material to be compacted readily under watering and rolling, there shall be added to and incorporated in it a binder material consisting of rock screenings or disintegrated granite or other cementing material approved by the City.
D. Excavated material may be used for backfill purposes when placed in conformance with the herein noted conditions. The material shall be placed and compacted in four-inch layers, it shall be neither dry nor contain excess moisture sufficient to create a loblolly when worked and compacted. Moisture content shall be just sufficient for good solid compaction. The material shall be brought to the surface and the excavation opened to traffic. Upon approval of the City the permittee shall excavate the material to a depth equal to the thickness of the existing surfacing plus six inches. The trench thus excavated shall be backfilled with mineral aggregate graduated in conformance with specifications of the preceding subsection, compacted and the surfacing replaced in kind or an approved equal.
E. Surfacing as above noted shall conform to that in existence at the time the cut was permitted except that a surfacing may be substituted upon approval by the City as being equal to or better than that existing.
F. Maintenance by permittee shall be required for one year after date of completion, such maintenance shall be performed upon notice by the City that maintenance is required. Any delay in performing required maintenance shall be considered ample reason for the City to perform or have performed such required maintenance and bill the permittee for the full cost of work plus the labor and material directly chargeable to the deficiency not included in the actual repair.
G. Emergency repair may be made by the City when, in its judgment, such repair is an emergency and is necessary to safeguard the public. Permittee may be charged for such emergency repair as determined by the City.
H. Liability for maintenance of all installations shall be the responsibility of the permittee regardless of time limitations.
I. Resurfacing and base material may be placed by the City upon request by the permittee, after the permittee has backfilled to the elevation of the street surface according to the provisions of the applicable section. Cost for such resurfacing shall be at the prevailing rate. Maintenance of resurfacing performed under this subsection shall not be chargeable to the permittee. The permittee is not relieved of any responsibility or liability other than the resurfacing thus purchased. (Ord. 77-25, 9-1977; Ord. 209, 8-26-1958)