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0683 Reconstruction Disturbance 2010/'*N CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 68 3 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 12.04.070 OF THE CHUBBUCK MUNICIPAL CODE TO CLARIFY THE REPAIRS THAT NEED TO BE MADE IF, IN THE PROCESS OF CONSTRUCTION, ANY ROADWAYS, CURB, GUTTERS, OR SIDEWALKS ARE DISTURBED; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 12.04 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 12.04.070 of the Chubbuck Municipal Code is amended as follows: 12.04.070: MISCELLANEOUS PROVISIONS: Except as otherwise determined by the city engineer, all permits obtained shall be subject to the following: A. During the progress of the permitted work all barricades, lights and other traffic control devices shall be erected and maintained as may be necessary or as may be directed for the protection of the traveling public. Said barricades, lights and other traffic control devices shall conform to the current issue of the "Manual On Uniform Traffic Control Devices" for streets and highways. Parked equipment and stored materials shall be as far from the travelway as feasible. Items left overnight within thirty feet (30') of the travelway shall be marked and/or protected. B. Except as authorized by the city engineer, all underground crossings shall be bored or jacked. No excavation shall be made nor obstacles placed within the right of way of the city street in such a manner as to interfere with travel over said street. The permittee's contractor must call the city a minimum of forty eight (48) hours before digging. C. Any disturbance of the roadway traveled surface, of the road andior traffic control devices, curb or sidewalk shall be restored to the satisfaction of the city engineer. Excavations shall be backfilled with suitable material compacted to standards specified in the Idaho standards for public works construction. Pavement shall be restored within twenty four (24) hours of the project completion. D. If work done interferes in any way with the drainage of a city street, the permittee shall wholly and at its own expense make such provision as the city engineer may direct to restore said drainage. E. On completion of said work herein contemplated all mud and waste shall be immediately removed and the roadway and roadside shall be left neat and presentable to the satisfaction of the city engineer. . F. All work shall be done to conform with current government and industry standards including, but not limited to, "a policy for the accommodation of utilities within the right of way of the state highway system in the state of Idaho" Ordinance - Page 1 ch u bbuck l 209O9ord i na ncereconstru cbond istu rbance.wpd 1011N /"N as promulgated by the state of Idaho transportation department. The work shall also be done under the supervision and to the satisfaction of the city engineer and the entire expense of said supervision shall be borne by the permittee. G. The city of Chubbuck may order the change of location or the removal of any structure(s) or facility(ies) authorized by a permit, said change or removal to be made at the sole expense of the permittee, or its successors and assigns, unless such structure(s) or facility(ies) has been located pursuant to special provisions and previously arranged by the city engineer. H. All such changes, reconstruction or relocation by the permittee shall be done in such a manner as will cause the least interference with any of the city's work. I. A permit granted under this chapter shall not be deemed or held to be an exclusive one and shall not prohibit the city from granting other permits or franchise rights of like or other nature to other public or private utilities, nor shall it prevent the city from using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part of them. The city may revoke, amend, amplify, or terminate a permit or any of the conditions therein enumerated if permittee fails to comply with any or all of the permit's provisions, requirements or regulations as therein set forth or through wilful or unreasonable neglect, fails to heed or comply with notices given, or if the permitted utility is not installed or operated and maintained in conformity with the permit. K. The permittee shall maintain at its sole expense the structure or subject for which a permit is granted. L. Adequate drawings or sketches shall be included showing the existing and/or planned location or the street improvement, the traveled way, the rights of way lines, and where applicable, the control of access lines and approved access points. M. If trench or pavement settlement should occur within three (3) years from the date of installation, repairs shall be made by the permittee as directed by the city engineer at no cost to the city. If the permittee fails to make the necessary repairs, the city will make the repairs and bill the permittee. No new permits shall be issued to the permittee until such claim has been settled. N. No work shall be started until an authorized representative of the city has given notice to the permittee to proceed. O. Any replacement of, addition to, or change in the facility granted by a permit issued pursuant to this chapter shall require a new permit prior to initiation of such work. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance -Page 2 chubbuck l209O9ordinancereconstructiondisturbance.wpd Ordinance are repealed to the extent of such conflict. All other sections of Chapter 12.04 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 9th day of FEBRUARY , 2010. teven M. England ayor ATTEST: �� 61, � ' 11 Ron Conlin, City Clerk Ordinance - Page 3 ch ubb u ck l 209O9ordinancereconstructi on d isturbance.wpd SUMMARY OF ORDINANCE NO. 683 An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho, amending Section 12.04.070 of the Chubbuck Municipal Code to clarify the repairs that need to be made if, in the process of construction, any roadway, curb, gutters, or sidewalks are disturbed; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 12.04 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in effect after its passage, approval and publication. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 683 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this v day of '2010. r - Thomas J. Holmes, City Attorney SUMMARY OF ORDfNANCE NO. _- Pepe 1 ohubbudc021010.summord663.wpd