HomeMy WebLinkAbout1021 OrdinanceORDINANCE WO. � . . • �4.4
STREET UTILITIES ORDINANCE
AN ORDINANCE RELATING TO, AND REGULATING, THE CONSTRUCTION,
INSTALLATION, AND EXCAVATION'- IN PUBLIC PROPERTIES: PROVIDING
CONSTRUCTION, OPERATION, MAINTENANCE, AND SAFETY STANDARDS
IN PUBLIC PROPERTIES -,REQUIRING PERMIT, BOND, .ASVD INSURANCE FOR
EXCAVATING IN, AND OBSTRUCTING PROPERTIES; PROVIDING FOR THE
MOVEMENT OF TRAFFIC AND THE PROTECTION OF EXISTING IMPROVE-
MENTS DURING SUCH WORK; PROVIDING PENALTIES FOR THE VIOLATION ..
THEREOF; AND REPEALING SEC. 415 OF ORDINANCE NO. 788 (PASCO CITY
CODE 4-4.52), SECTIONS 13 (PASCO CITY CODE 4-4.88) AND -14 (PASCO CITY
CODE 4-4.90) OF ORDINANCE NO. 176, SECTIONS. 32.04 (PASCO CITY CODE
5-15. 148)AND 32, 08(PASCO CITY CODE 5-15.164) OF ORDINANCE NO. 868,
AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH'.
14,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section. 1. Purpose. The purpose of this ordinance is to provide minimum standards,
requirements, and rules and regulations governing the installation, and for excavation
in public properties for any utility system or other purpose within the City, and
movement of traffic, maintenance of safety, and protection of existing improvements
during such work.
Section 2. Scope. All work done with respect to a utility system or other purpose
up to the property line shall comply with the:. requirements of this ordinance.
Section 3. Definitions. The following definitions are provided for the sole purpose
of proper interpretation and administration of this ordinance:
(1) City Engineer shall mean the City Engineer or his duly
authorized representative.
(2) Construction. or Construct shall mean construction, laying,
maintaining, testing, operating, extending, renewing, removing,
replacing, repairing, and using any utility system or portion thereof.
(3) Distribution -Sy stem, System, and/or Lines used either in the.
singular or plural shall mean and include the gas pipes, conduits, poles,
and wires, sewer and water pipe lines, mains, laterals, feeders,
regulators, meters, fixtures, connections,
-l-
• r
and all attachments, appurtenances, and appliances necessary
and incidental thereto or in any way apertaining to utilities.
(4) Maintenance, Maintaining, and/or Ma'i'ntained shall mean
and include the relaying, repairing, replacing, examining,
testing, inspecting, removing, digging, excavating, and
restoring operation's incidental thereto.
(5) Permittee shall mean any person, company, partnership or
corporation or its successors and assigns who has applied for
or holds a permit from'the':City of Pasco to construct, lay,
maintain and operate over, across, upon, along and under the
present and future streets, alleys, sidewalks, curbs, roads,
highways, thoroughfares, parkways, bridges, viaducts, public
property, public improvements and other places in the City,
a system of pipes, pipelines, water mains, power conduits,
underground or overhead wiring, gas mains, sewer mains, laterals,
conduits, feeders, regulators, meters, fixtures, connections
and attachments, appurtenances and appliances incidental there—
to or in any way appertaining thereto.
(6) Person shall mean any person, firm, association, or
corporation.
(7) Public Properties shall mean and include streets, alleys,
sidewalks, curbs, roads, highways, avenues, thoroughfares,
parkways, bridges, viaducts, public grounds, public improvements,
and other public places within the present and/or future corpor—
ate limits of the City.
(8) Roadway shall mean the paved, improved, or proper driving
portion of a public right—of—way designed, or ordinarily used,
for vehicular travel.
(9) Utility or Utility System shall mean any gas, oil, water,
sewer, light, power, telephone, television, steam, burglar alarm,
distribution system, pipes, or pipe lines, conduits, poles
and wires, or other facilities necessary or appertaining
thereto, and railroads, both public and private, and whether
operating under a franchise or not.
WA
Section 4. Permit Required. It shall be unlawful for any person to
place any poles or wires upon or above, or any ducts, conduits or wires
below the surface of any public properties, to dig up, break, excavate,
tunnel, undermine, cut, or in any way obstruct or disturb any public
properties in the City or to fill in, place, leave, or deposit in, or
upon, any public properties any earth, refuse, gravel, rock, or other
material or thing tending to obstruct, disturb, or interfere with the
free use of the same for the installation and/or maintenance of a
utility system or for the purpose of making a utility connection with
any premises, without first having obtained a permit, or without com—
plying with the provisions of this ordinance, or a variance with the
terms of any such permit; Provided, However, that in case of an emer—
gency arising out of office hours, when an immediate excavation may be
necessary for the protection of public or private property, the same
shall be reported to the police department, and the necessary excavation
may be made upon the express condition that an application be made, in
the manner herein provided, on or before noon of the next following
business day; and Provided further, that a seperate permit shall be
required for each separate project.
Section 5. Applications. An application for permit shall be filed in
duplicate in the office of the City Engineer on such forms as are spe—
cified by the City Engineer and shall be accompanied by a detailed
plan, specifications and profiles of such size and such scale as may
be prescribed by the City Engineer of pipes or mains and fixtures to
be laid or installed underneath public properties, which shall show
the center line of the street or alley, and in relation thereto the
position, location and depth of the distribution system, the height
of the proposed work, the pipes or mains intended to be laid, the size
of said pipes or mains, the location of the manholes leading to said
pipes or mains if any, and the depth of said pipes or mains from the
surface, and such other information as he may require. The permittee,
its successors and assigns, shall amend said plans, specifications
—3—
• r
Section 4. Permit Required. It shall be unlawful for any person to
place any poles or wires upon or above, or any ducts, conduits or wires
below the surface of any public properties, to dig up, break, excavate,
tunnel, undermine, cut, or in any way obstruct or disturb any public
properties in the City or to fill in, place, leave, or deposit in, or
upon, any public properties any earth, refuse, gravel, rock, or other
material or thing tending to obstruct, disturb, or interfere with the
free use of the same for the installation and/or maintenance of a
utility system or for the purpose of making a utility connection with
any premises, without first having obtained a permit, or without com—
plying with the provisions of this ordinance, or a variance with the
terms of any such permit; Provided, However, that in case of an emer—
gency arising out of office hours, when an immediate excavation may be
necessary for the protection of public or private property, the same
shall be reported to the police department, and the necessary excavation
may be made upon the express condition that an application be made, in
the manner herein provided, on or before noon of the next following
business day; and Provided further, that a seperate permit shall be
required for each separate project.
Section 5. Applications. An application for permit shall be filed in
duplicate in the office of the City Engineer on such forms as are spe—
cified by the City Engineer and shall be accompanied by a detailed
plan, specifications and profiles of such size and such scale as may
be prescribed by the City Engineer of pipes or mains and fixtures to
be laid or installed underneath public properties, which shall show
the center line of the street or alley, and in relation thereto the
position, location and depth of the distribution system, the height
of the proposed work, the pipes or mains intended to be laid, the size
of said pipes or mains, the location of the manholes leading to said
pipes or mains if any, and the depth of said pipes or mains from the
surface, and such other information as he may require. The permittee,
its successors and assigns, shall amend said plans, specifications
—3—
and prbfiles in accordance with the orders of the City Engineer, before'
the City issues the permit and before the permittee commences construction
or the laying of any pipes or mains, or the construction of any overhead
utility service. The -permittee shall advise the City Engineer in
writing of the plan of the excavation, obstruction, or other thing
desired to be done or constructed, the size thereof, the purpose there—
fore, the public property so to be excavated and/or obstructed together
with a full description of the nature of such work, the name of the
person, firm or corporation for whom or which the work is being done.
Whenever additional improvements or extensions are made, additional
plans, specifications and profiles shall be filed with the City in
the same manner as required above. The application shall contain an
agreement that the applicant will comply with all ordinances and laws
relating to the work to be done and that no openings shall be made or
obstruction erected until necessary fittings and materials are available
and on hand to complete the work.
Each application for a permit shall state the length of time
it is estimated will elapse from the commencement of the work until the
restoration of the surface of the ground or until the refill is made
ready for the surface to be put on by the City if the City restores
such surface. It shall be unlawful to fail to comply with this time
limitation unless permission for an extension of time is granted by
the City Engineer. If an extension of time is needed to complete the
work beyond the time originally prescribed, a new application for a
permit must be filed, and when the application therefore is signed
by the City Engineer, it shall constitute the permit, provided the
bond and insurance is extended for the period of the extension granted.
Section 6. Issuance. If, after examining such application and map,
plans, and specifications, the City Engineer approves the same and
the bond and a workman's compensation insurance certificate, if
required, are filed, he may issue a permit therefore. Such permit
shall specify the name and location of the public properties in
front of, through, over, under or near which such acts are to be
performed or done, together with a description of the proposed work or
acts to be done under such permit, and the length of time allowed for the
completion thereof. The permit shall require. -the repairing and restoring
to as good or better condition and in compliance with the conditions and
specifications of this ordinance, of whatever portion of the public
properties and/or private properties which may be obstructed, disturbed,
or affected in any way within a specified time. The acts and work author—
ized and/or required under such permit shall at all times be under the
supervision and control of the City Engineer, or persons acting under
his direction, but at the expense of the person procuring such permit.
The City Engineer may in his discretion defer the granting of
the permit hereinafore provided for until such time as he deems proper
in all cases in which the public properties where the work desired to
be done is occupied or about to be-�occupied in any work by the City or
by some other person having a right to use the same in such manner as
to render it seriously inconvenient to the public to permit any further
obstruction thereof at such time. He may in granting such permit so
regulate the manner of doing such work as shall cause the least incon—
venience to the public in the use of such public properties, and in all
cases any work of the City or its contractors or employees shall have
precedence over all work of every kind.
Section 7. Fees.
1. Inspection Fees: Fees for such permits, which shall include
the fee for inspection, shall be as follows:
Excavation or underground construction on unpaved street
surfaces, or where paved surfaces have been in place five
years or more -- $5.00.
Excavation or underground construction on paved streets
during first to fifth year after street improvement -- $0.25
per lineal foot of trench or $1.00 per square yard, whichever
is greater, but not less than $10.00.
In the event the construction involves an excavation or
tunnel in excess of 100 feet in length, the City Engineer may
assign an inspector to the job and the cost of such inspection
—5—
shall be paid by the permittee, upon a bill therefore -being
submitted by the City Engineer before the permittee is released
from his bond.
2. Restoration Fee: If, through agreement with the permittee, the
City restores the surface of any public property disturbed by
any excavation or underground construction of the permittee;
or, in the event that any defect or omission of the permittee
necessitates additional work by the City; the permittee shall
be billed and charged for the cost of labor, materials and
equipment rental incurred by the City, plus an additional fee
of 15% of the above charges.
Section 8. Bond and Insurance. Before the issuance of any permit the
City may require the permittee to furnish to the City a bond to insure
performance of the permittee's obligations under this ordinance. The
amount of such bond shall be $6,000.00, but may be varied from time to
time in accordance with the size of the project, or may be entirely
excused in case of excavations of a minor nature. Such bond shall be
in a form to be approved by the City Attorney, and with a surety approved,
conditioned that the permittee will comply with all the provisions of
this ordinance, and that he will keep and save harmless the City from
any and all claims, liabilities, judgements, costs, casualties, accidents
or damages and expenses arising from any negligence of such permittee
on account of any act which he may do or suffer to be done, or omission
of said permittee in the performance of said work under said permits,
or which may be done by any of his agents, servants, or employees, or
which may arise from any negligence of himself, his agents, servants,
or employees, or in any event in obstruction or in any way disturbing
any private or public properties, or by reason of the violation of any
of the provisions of this ordinance; provided, that said bond shall only
be required of electric and telephone utilities when they place wire under—
ground. The permittee shall also indemnify and save harmless the City
from all suits and actions of every description brought against the City
for or on account of any injuries or damages received or sustained
by any person by reason of failure to erect and maintain the required
guards, barricades or signals; provided, further, that in case the
act or acts permitted under such permit necessitate for any purpose
the cutting into or under any public properties in the City, said bond
shall be conditioned that the person, firm or corporation applying for
and acting under said permit shall replace the portion thereof affected
thereby, and shall restore the same at its expense to as good or better
condition within the time specified by the City Engineer; and further
conditioned that the permittee will maintain such public properties so
restored for a. period of two (2) years from and after such restoration.
Settlement within the two (2) year period mentioned in this section shall
be considered conclusive evidence of defective backfilling by the per—
mittee. Acceptance of the work and the release of same shall not prevent
the City from making claim against the permittee for any uncompleted or
defective work, if the same is discovered within two (2) years from
the date of such release. The fact that an inspector was present
during the progress of any construction shall not relieve the permittee
from responsibility for defects discovered after completion of the work.
The permittee shall also maintain in full force and effect,
with an insurance company satisfactory to the City, the following:
(1) Bodily injury liability insurance with limits of $100,000
for each person injured by reason of the work for which the per—
mit was issued, and $200,000 for each occurrence;
(2) Property damage liability insurance with limits of
$25,000 for each accident.
The permittee shall also comply with all of the workman's
compensation and safety laws of •the State of Washington as the same
now exist or may be hereafter amended, and shall file a workmen's
compensation insurance certificate with the -City Ingineer when the
permit is issued; provided, however, if the permittee hires no personnel,
such requirement may be waived.
Section 9. Permit. Said permit shall be issued in duplicate, and
the City Engineer shall notify the Fire Department, Police Department,
—7—
the City Clerk, the Water Superintendent, the Building Superintendent,
and the Street Superintendent that such permit is on file in the City
Engineer's Office.
The permittee shall file twenty—four (24) hour written notice to the
City Engineer before it makes any opening in public properties for in—
stallations in excess of 100 feet and two (2) hours notice of any other
openings in public property. Before it commences to backfill any opening
of public properties, it shall give two (2) hours notice to the City
Engineer and obtain his approval.
The permittee shall give written notice of the opening and back—
filling of public properties to any corporation whose pipes, poles, mains,
or conduits are laid in the street or alley, if it knows of their exis—
tence, and that they will be disturbed by such excavation at least twenty—
four (24) hours before commencing the same, and shall at his expense
replace and compact the earth wherever the same shall have been removed,
loosened or disturbed under or around them, so that they will be well
and substantially supported.
When any work done under a permit issued by the City Engineer is
completed and ready for inspection, the person to whom the permit has
been issued shall, within twenty—four (24) hours after completion of
said work, notify the City Engineer in writing that the same has been
completed and is ready for inspection, and the City Engineer shall cause
said work to be inspected within a reasonable time thereafter. Any delay
in giving written notice to said officials as required herein shall render
the permittee liable to a penalty of $25. for each day of such delay, and
he shall also be liable for all damages done or suffered by the City or
any person, firm or corporation caused by such delay, and the bond pro—
vided for herein shall stand as security for such penalty and damages.
Section 10. Safety Provisions. In case any public property shall be
dug up, excavated, undermined, cut, disturbed, or obstructed, or any
obstruction placed thereon, the person, firm or corporation causing
the same shall erect, and so long as the said condition exists, and
any danger may continue, maintain around the said portion of the public
properties a good and sufficient barrier, watchman, guards, barricades,
signals, signing, such as "Construction", "No parking", "Street Closed",
and "Detour", lighting, and such other safeguards as may be required,
at all unsafe places on the work at his own expense to protect persons
and property from injury, all of which shall be approved by the City
Engineer or the Safety Inspector for the Department of Labor and
Industries of the State of Washington. He shall also cause to be
maintained securely and conspicuously posted, during every night from
sunset to daylight, around and at each end of such obstruction, a
lighted lantern or lamp wherever necessary showing a red light or
approved red flasher light, flares, or flare pots at his own expense.
If the excavation is ten (10) feet or less long, one such light or
flare shall be so maintained; if it is over ten (10) feet long but
less than fifty (50) feet long, three such lights or flares shall be
so maintained, with one at each end of it; and for excavations longer
than fifty feet (501), such lights or flares shall be maintained on
every twenty—five (25) feet or part thereof for longitudinal cuts, but
such lights or flares shall be maintained at six (6) foot intervals
for transverse cuts: Provided, that during the nighttime or during
the daytime when due to climatic or other causes the visibility is
less than one hundred fifty (150) feet on twenty—five (25) mile per
hour streets and three hundred (300) feet on thirty—five (35) mile
per hour streets the permittee shall maintain sufficient red lights
to warn of the barricaded excavation. Ther permittee shall provide
adequate warning signs and devices in a position of maximum effective—
ness. The minimum requirement for warning signs when necessary shall
be a set of advance warning signs placed on all primary approaches to
the work, set at a minimum distance of four hundred (400) feet, but as
required by best visibility; sufficient signs and markers in the
immediate vicinity of the job shall also be maintained.
Red flags shall be placed around at each end of obstructions
at intervals of not more than sixty (60) feet along the entire course of
the excavation. Special care shall be exercised to prevent vehicles,
pedestrians, and livestock from falling into open trenches or being
otherwise harmed as a result of the work. Wherever in the course of
the work temporary fences are required either for the protection of
livestock ortiany other reason, it shall be permittee's responsibility
to provide the material and construct such fences in a manner satis—
factory to the City Engineer. Upon completion of the work, fences so
constructed shall be removed by the permittee. Whenever public properties
are to be closed to traffic for a definite length of time or for a
period of time as directed by the City Engineer, the permittee shall
completely barricade each of the public properties leading to the im—
provement with barriers. It shall be unlawful for any person to tamper
with lawfully erected barricades, signs, signals, lights, flares, or
flare pots where they are erected as required by this ordinance.
Section 11. Safety Provisions. Precaution shall be exercised at all
times for the protection of persons (including employees) and property.
All safety provisions of applicable state laws, standards, and rules
and regulations and City Ordinances, including building and construction
codes as hereafter revised and/or amended shall be observed.
Section 12. Traffic Control. During construction, traffic shall be
maintained at all times so as to cause as little inconvenience as
possible to the occupants of abutting property and to the general
public; Provided, that the City Engineer may permit the closing of
the roadway to all traffic for a designated period of time, if, in
his opinion, it is necessary. The permittee shall route and control
all traffic, including its own vehicles, as directed by the Chief
of Police. The following steps must be taken before any roadway may
be closed or restricted to traffic:
(1) Receive the approval of the City Engineer and Chief of!Police.
(2) Notify the Chief of the Fire Department.
Upon completion of construction work, the above mentioned persons
in items (1) and (2) shall again be notified before traffic
is moved back to its normal flow so that any necessary adjustments
may be made. Where flagmen are deemed necessary by the City Engineer,
they shall be furnished by the permittee at its own expense.
Through traffic shall be maintained without the aid of detours
if possible. In instances in which this would not be feasible, and the
City Engineer grants the request for a detour, the City Engineer
will designate the detour. The City will maintain roadway surfaces of
existing streets designated as detours without expense to the permittee,
except in cases where there are no existing roadways, the permittee will
construct all detours at its expense and in conformity with the spe—
cifications of the City Engineer. The permittee will be responsible
for any unnecessary damage caused to any roadways by the operation of
its equipment.
Section 13. Traffic Safety. The permittee shall construct and main—
tain adequate and safe crossings over excavations and across public
properties under improvement to accommodate vehicular and pedestrian
traffic at all street intersections and wherever a trench crosses a
roadway.
Vehicular crossings shall be constructed and maintained of plank,
timbers, and blocking of adequate size to accommodate vehicular traffic
safely. Decking shall be not less than four (4) inches thick and shall
be securely fastened together with heavy wire and staples. The top
surface of such decking shall not be above the level of the adjacent
roadway.
Pedestrian crossings shall consist of planking three (3) inches
thick, twelve (12) inches wide and of length required, together with
necessary blocking. The walk shall be no less than four (4) feet in
width and shall be provided with a railing, if required by the City
Engineer.
Section 14. Existing Utilities. The permittee shall not interfere
with any existing utility without the consent of the City Engineer and
the utility involved. If it becomes necessary to move an existing
utility, this shall be done by the utility charged with the operation
of same, at the expense of the permittee. Whenever the permittee's
existing utility, occupying space in the street, interferes with the
actual construction of any public improvement, such utility shall be
moved by the permittee; Provided, that no utility, either publicly or
privately owned, shall be moved to accommodate the permittee unless the
cost of such work shall be borne by the permittee.
The permittee shall, at its expense, sustain, secure, support,
and protect by timbers or otherwise, all pipes, mains, conduits, poles,
wires, or other apparatus from injury which may be in any way affected by
the work, and do everything necessary to support, sustain, and protect
the same; under, over, along, or across said work. In case any of said
pipes, conduits, poles, wires, or apparatus should be damaged, they
shall be repaired by the authorities having control of the same, and
the expense of such repairs shall be charged to the permittee and its
bond shall be liable therefore.
The permittee shall inform itself as to the existence and location
of any underground utilities and protect the same against damage.
Section 15. Protection of Property. The permittee shall erect and
maintain suitable timber bulkheads to confine earth from trenches or
other excavations in order to encroach upon public properties as little
as possible. The permittee shall, at its own expense, shore up and
protect all buildings, walls, fences, or other property likely to be
damaged during the progress of the work, and shall be held responsible
for all damage to public or private property, streets, or improvements
resulting from its neglect to exercise proper protection in the prose—
cution of the work.
It shall be unlawful for any person other than a duly authorized
officer or employee of the City, or a person holding a permit from
the City Engineer, to dig up, or in any manner injure or destroy any
tree, flower, foliage, flowering plant, foliage plant, or shrubbery, in
any public properties.
Whenever it may be necessary for the permittee to trench through
any lawn area, the sod shall be carefully cut and rolled and replaced
after ditches have been backfilled as provided in this ordinance. All
—12—
construction and maintenace work shall be done in a manner calculated
to leave the lawn area clean of earth and debris and in a condition as
near possible to that which existed before work began.
The permittee shall not remove, even temporarily, any trees or
shrubs which exist in parking strip areas or easements across private
property without first having notified the property owners, or in the
case of public properties, the authorities maintaining the same.
When required by the City Engineer, existing top soil shall be
carefully removed to the depth ordered by the City Engineer and shall
be piled in such a place and in such a manner that it will not become
mixed with other soil, and upon completion of the remainder of the
backfilling shall be replaced in its original position in a manner
satisfactory to the City Engineer. In the event an embankment re—
sulting from required pipe covering should be constructed through the
area, such embankment shall be covered with top soil the same as the
rest of the area.
Section 16. Postal Service. Postal service shall be maintained in
accordance with the instructions of the United States Post Office
Department. The permittee shall be responsible for moving mail boxes
to temporary locations designated by the Post Office Department, and
upon completion of the work he shall replace them as directed. The
permittee shall contact the United States Post Office Department to
determine its requirements with respect to the maintenance of postal
service and shall comply with these requirements.
Section 17. Monuments. The permittee shall not disturb any survey
monuments or hubs found on the line of the improvements until authorized
to do so by the City Engineer. In addition to the cost of replacement,
an additional penalty of twenty—five dollars ($25.00) shall be imposed
for,�any monument or hub disturbed without authorization.
Section 18. Damage to Existing Improvements. All damage done to exis—
ting improvements during the progress of such work shall be repaired by
the permittee. Materials for such repair shall conform to the require—
ments of applicable ordinances. If, upon being ordered, the permittee
—13—
fails to furnish the necessary labor and materials for such repairs,
the City Engineer may cause such necessary labor and materials to be
furnished by other parties, and the cost thereof shall be charged
against the permittee, which shall be liable on its bond therefore.
Section 19. Construction Activities.
19.01. Property lines and limits of easements shall be indicated
on the plans, and it shall be the permittee's responsibility to confine
its construction activities within these limits. Any damage resulting
from trespassing beyond these limits shall be the sole responsibility
of the permittee.
19.02. In all trenches four (4) feet or more in depth, all material
excavated therefrom and piled adjacent to the trench, or in public prop—
erties shall be piled and maintained in such a manner that the toe of the
slope of the excavated material is at least eighteen (18) inches from
the edge of the trench. It shall also be piled so that as little incon—
venience as possible is caused to public travel and shall be placed so
as not to interfere with the flow of water as provided for in this
ordinance. When the confines of the area through which pipes are to
be laid are too narrow to permit the piling of excavated material beside
the trench, such as might be the case in an alley, the permittee may be
required to haul excavated material to a storage site and then rehaul it
to the trench site at the'time of backfilling. It shall be the per—
mittee's responsibility to secure the necessary permission and make all
necessary arrangements for all storage and disposal sites required.
19.03. The work shall be conducted so as not to interfere with
access to fire station, fire hydrants, and water gates. Material or
obstructions shall not be placed within fifteen (15) feet of fire
plugs. Passageways leading to fire escapes or fire fighting equip—
ment shall be kept free of material piles or other obstructions.
19.04. The permittee shall provide for the flow of all water
courses, sewers, or drains, intercepted during the progress of the
work, and shall replace the same in as good condition as it found
Om
them or shall make such final provisions for them as the City Engineer
may direct. The permittee.shall not obstruct the gutter of any street,
but shall use all proper measures to provide for the free passage of
surface water. The permittee shall make provision to take care of all
surplus water, mud, silt, slickings, or other run—off pumped from an
excavation or resulting from sluicing or other operations, and shall be
responsible for any damage resulting from his failure so to provide.
19.05. As the construction or maintenance work progresses, all
public properties, and private property shall be thoroughly cleaned of
all rubbish, excess earth, rock, and other debris, including wind blown
materials, resulting from the work or construction. Cleaning up the
location of such properties or property shall be accomplished at the
expense of the permittee and shall be completed to the satisfaction of
the City Engineer before final acceptance of the work. From time to
time as may be ordered by the City Engineer, and, in any event, imme—
diately after completion of the work, the permittee shall, at its own
expense clean up and remove all refuse and unused materials of any kind
resulting from the said work, and upon failure to do so within twenty—
four (24) hours after having been notified to do so by the City Engineer,
the work may be done by the City and the cost thereof charged to the
permittee, and the permittee's bond shall be liable for the cost thereof.
19.06. The permittee must also remove, within twenty—four (24)
hours, all snow and ice that may fall or form within the barricade, or
in case there is no barricade, the permittee shall remove all snow and
ice upon the street within five (5) feet upon either side of the opening,
and keep such space free from snow and ice until the opening is properly
refilled, unless otherwise directed by the City Engineer.
19.07. The permittee shall provide and maintain in a neat and
sanitary condition such accomodations for the use of his employees
as may be necessary to comply with the requirement and regulations of
the City, County, or district health department as the case might be.
It shall permit no public nuisances.
—15—
19.08. In all cases, trenches must be of sufficient width to
permit the proper jointing of the pipe. The trenches shall be at least
six (6) inches wider on each side, or a total width of twelve (12)
inches more than the exterior diameter of the pipe, except where pipes
are of four inches in diameter or under. If a rock is excavated, it
shall be removed to a depth of six (6) inches below the bottom so the
trench can be refilled with sand or noncorrosive soil and well tamped.
Excavation for manholes and other structures shall be sufficient to
leave at least twelve (12) inches between their outer surfaces and the
sides of the excavation.
Except by special permission from the City Engineer, no trench
shall be excavated more than three hundred (300) feet in advance of
pipe laying, nor left unfilled for more than seven hundred (700) feet
where pipe has been laid. The length of the trench that may be opened
at any one time shall not be greater than the length of pipe and the
necessary accessories which are available to the site ready to put in
place. The completed trench shall be kept not less than thirty (30)
feet ahead of the pipe layers.
Trenches over four (4) feet deep shall be braced and sheathed ac—
cording to the standards and rules and regulations of the State Depart—
ment of Labor and Industries, and as hereafter amended, to protect the
workmen and the general public, as well as public and/or private pro—
perty. No timber bracing, lagging, sheathing or other lumber shall be
left in any trench.
19.09. The permittee shall pump, bail, or otherwise remove any
water which accumulates in the trenches. It shall perform all work
necessary to keep the trenches clear of water while the foundations
and the masonry are being constructed or the pipe laid. Unless other—
wise specifically permitted by the City Engineer, water, either from sur—
face and subsurface origin, will not be permitted in the trenches at any
time during construction and until backfilling over the top of the pipe
has been completed; nor will the ground water level in the trench be per—
mitted to rise above an elevation of six (6) inches below the pipe. Dewater—
ing trenches, when required, may be accomplished in any manner the permittee
—16—
desires, provided the chosen method has the approval of the City
Engineer. Any damage resulting from the failure of the chosen method
to operate properly, however, shall be the. -responsibility of the per—
mittee, and shall be repaired, in a manner satisfactory to the City
Engineer, at the permittee's expense.
19.10. Whenever it is necessary to break through existing pavement
for the purpose of constructing service facilities, and where trenches
are to be four (4) feet or over in depth, the pavement and the base
shall be removed to at least six (6) inches beyond the outer limits of
the subgrade that is to be disturbed in order to prevent settlement, and
a six (6) inch shoulder of undisturbed material shall be provided on
each side of the excavated trench. The face of the remaining pavement
shall be approximately vertical. A power—driven concrete saw shall be
used to cut a kerf sufficient to permit complete breakage of pavement
or base without ragged edges. Asphalt paving shall be scored or other—
wise cut. No pile dirver may be used in breaking up the pavement.
19.11. Tunnels under pavement shall not be permitted except by
permission of the City Engineer, and, if permitted, shall be adequately
supported by tembering and backfilling under the direction of the City
Engineer. Where possible, the pipe shall be dirven through or bored
under, a roadway, except sidewalks, in a casing of sufficient strength
which casing shall be left in place with the ends closed around the pipe.
19:12. Backfilling in all public streets and improved areas, both
public and private, shall be compacted to a degree equivalent to that of
the undisturbed ground in which the trench was dug, or to 95% Proctor
Density. Compacting shall be done by mechanical tampers or vibrators,
by rolling in layers, or by water settling, as required by the soil in
question. The decision as to whether a trench shall be water settled or
not shall be made by the City Engineer. When water is taken from a fire
hydrant, permission must be first obtained from the Water Superintendent
and the permittee shall abide by and follow instructions and regulations
of the Water Department and shall pay for the water used according to the
—17—
rates set forth by the Water Department. Such permission to use a
fire hydrant must be obtained in writing.
(1) When backfilling is done by water settling, excavations above
utility installations shall be deposited uniformly in layers of not more
than four (4) feet in thickness and shall be thoroughly flooded. During
the flooding, the water shall be allowed to flow slowly to the trench
from high points and shall be worked down to the full depth of the layer
of backfill with bars or pipe nozzles. All bars or pipe nozzles used
shall be such as to obtain full penetration of each backfill layer, and
shall be forced down through the loose backfill material. As the bars or
pipe nozzles are withdrawn, the water shall be allowed to flow downward.
The channel or hole formed shall be kept open and the water kept running
into it until the fill has settled. Sufficient hose shall be provided
in order to apply water to the trench at intervals of not to exceed one
hundred (100) feet. All work shall be done in such a manner as to ob—
tain a relative compaction throughout the entire depth of the backfill
of no less than that which exists adjacent to the excavation.
(2) Backfilling up to the first eighteen (18) inches above the
top of utility pipes or similar installations shall be done with th.i,n
layers; each layer is to be tamped by manual or mechanical means. Layers
that are hand tamped shall not exceed four (4) inches in thickness;
layers that are power—tamped shall not exceed twelve (12) inches in
thickness. These same requirements shall apply to the remainder of the
backfilling if tamping is the method used for backfilling.
Backfilling of all pipes of over twenty—four inches in diameter
shall be carried up to the spring line of the pipe in three (3) inch
layers, with each layer moistened and thoroughly tamped with suitable
mechanical equipment. The backfill around all pipes twenty—four inches
or less in diameter shall be flooded or tamped as specified above to a
depth of eighteen (18) inches above the top of the pipe, before any
additional backfilling is placed thereon.
(3) Wherever excavation is made through rock, pipe shall be laid
six (6) inches above the rock bottom of trench and the space under,
around, and six (6) inches above the pipe, and, in the case of gas,
pipe shall be backfilled with clean river sand, noncorrosive soil, or
gravel meeting the following grading requirements:
Passing Z" square opening 100%
Passing 4" square opening 50%
With respect to other than gas utilities, backfilling material
shall be of such quality as is approved by the City Engineer. Broken
pavement, large stones, roots, and other debris shall not be used in
the backfill.
(4) Backfilling shall be completed by placing the material well
up over the top of the trench or in the case of concurrent street con—
struction, to the grade of bottom of ballast, and for dry backfilling
by rolling with a roller of an approved type or with the rear wheel of
a truck carrying at least five (5) tons, until the surface is unyielding.
The surface shall then be graded as required. When a pipe line is laid
at an elevation below the ground water level, extreme care shall be ex—
ercised, upon completion of the line, not to allow the ground water to
rise in the trench for settlement or other purposes until sufficient
backfill has been placed over the pipe to prevent the pipe from floating.
(5) Any excess material resulting from trench excavation shall be
disposed of to the permittee at his own expense in a manner satisfactory
to the City Engineer. Such excess material shall be deposited on private
property abutting the portion of the public properties from which it
was excavated, if so requested by the abutting property owner involved.
19.13. The permittee shall restore the surface of all roadways to
their original condition in accordance with the specifications of the
City Engineer.
The permittee may be required to place a temporary surface over
openings made in paved traffic lanes. Except when the pavement is to
be replaced before the opening of the cut to traffic, the fill above-
w
the bottom. of*the paving slab shall be made with suitable material well
tamped into place. This gravel shall be topped with a minimum of at
least one (1) inch of bituminous mixture which is suitable to maintain
the opening in good condition until permanent restoration can be made.
The crown of the temporary restoration shall not exceed one (1) inch
above the adjoining surface. The permittee must exercise special care
in making temporary restorations and must maintain such restorations in
a safe travelable conditon until such time as permanent restorations
are made. The asphalt which is used in the bituminous mixtur-e for
pavement herein required, shall be in accordance with the specifications
of the City Engineer.
19.14. If the permittee shall have failed to restore the surfaces
of the public properties to their original and proper condition upon
the expiration of the time fixed by such permit or upon the completion
of the work allowed to be done under such permit, the City Engineer
shall, if he deems it advisable, have the right to do all work and
things necessary to do so. The permittee shall be liable for the expense
thereof upon the bond filed at the time of granting the permit, and the
City shall have a cause of action for all fees, expenses, and amounts
paid out upon such work; Provided, that, in any case, it shall be the
duty of the permittee to guarantee and maintain the area disturbed for
two (2) years after returning it to its original condition. Provided,
further, that, if, in the judgement of the City Engineer, it is not
expedient to relay the pavement over any cut or excavation made in any
public properties upon the completion of the work allowed under such
permit, by reason of the looseness of the earth or weather conditions,
he may direct the permittee to lay a temporary pavement of wood or
other suitable material designated by him over such cut or excavation,
to remain until such time as the repair of the original pavement may
be properly made, and in case of the failure of the permittee to com—
mence in good faith the relaying of such temporary pavement within
five (5) days after the date of such notice, the City Engineer may
lay such temporary pavement himself and collect the cost thereof from
the permittee in the manner hereinbefore provided.
—20—
Section 20'. Plans. Users of subsurface street space shall maintain
accurate drawings, plans, and profiles showing the location and char-
acter of all underground structures, including abandoned installations.
Corrected maps shall be filed with the City Engineer periodically, but
at least every ninety (90) days after new installations are made.
Section 21. Location. All utilities shall be located in accordance
with the City ordinance applicable thereto, or if there is no such
ordinance, at locations directed by the City Engineer.
Section 22. Codes. The following are hereby adopted by reference:
The safety standards and rules and regulations of the State Department
of Labor and Industries, as hereafter revised and/or amended by the
State: Provided, however, that in the event any of the provisions of
this ordinance conflict with any other provisions of this ordinance,
with any other ordinances of the City, with the standards embodied in
State and Federal laws and rules and regulations, the provisions con-
taining the highest standards shall be observed.
Section 23. Violation. If any person erects a structure upon, makes
excavations in, or places material upon, public properties, or allows
or permits any earth, rock, stones, trees, logs, stumps, or other sub-
stances to cave, fall, crumble, slide, accumulate, or be otherwise
deposited, or having been so deposited, to be or remain upon any public
properties, without a permit therefore having been first obtained, as
herein provided, shall be deemed to have created a public nuisance.
In addition to the penalties provided for violation of this ordinance,
such a nuisance shall be abated with, or without, action, and such other
proceedings shall be taken with respect thereto as are authorized by
law and the ordinances of the City for the prevention, abatement, and
punishment of nuisances; and it shall be no defense to any prosecution
or proceeding under this section, that the person violating the same
has a franchise to use or occupy such public properties.
Section 24. Penalties. Any person, firm, or corporation that shall
fail to comply with, or, -violate, any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in an amount not exceeding three hundred dollars ($300)
-21-
or by imprisonment in the City jail not exceeding ninety (90) days, or by both
fine and imprisonment. The City shall deduct a penalty of five dollars ($5. 00)
from the permitteets deposit for each day the work continues pastthe time limit
specified in the permit.
Section 25. Repeal. Section. 415 of Ordinance No. 788 (Pasco City Code 4-4. 52),
Sections 13 (Pasco City Code 4-4. 88) and 14 (Pasco City Code 4-4. 90) of
Ordinance No. 176., Sections 32. 04 (Pasco City Code 5-15. 148) and 32. 08 (Pasco
City Code 5-15. 164) of Ordinance No. 868, and all other ordinances or parts of
ordinances in conflict herewith, are hereby repealed, but only to the extent of such
conflict. With respect to public utilities operating under franchise from the City,
this ordinance shall apply only to those activities which involve the disturbance
of the surface of, or the doing of any underground work in public property.
Section 26. Exceptions. City -owned utilities shall be exempt from provisions
of Sections 4, 5, 6, 7, 8, 9, 14, 20, 23, and 24.
Section 27. Saving Clause. If any section, subsection, paragraph, sentence,
clause, or phrase of this ordinance is declared unconstitutional or invalid for
any reason such decision shall not effect the validity of the remaining portions
of this ordinance.
Section 28. Short Title. This ordinance shall be known as the "Street Utilities
Ordinance" of the City of Pasco, and may be cited as such.
Section 29. .Effective. Date. This ordinance shall be in full force and effect five
(5) days from, and after, its passage, approval, and legal publication as provided
by law.
PASSED by the City Council and APPROVED by the Mayor this —�`--- day
Of ` l�r� 1961. = -
Attest:
City \lA:rk
Approved as to Or : ~
MAYOR
Published: