HomeMy WebLinkAbout0363 Permit to Use City Right of Way 1991 CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 363
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING
CHAPTER 12 . 04 "SURETY BONDS" AND ENACTING A NEW CHAPTER
12 . 04, "PERMIT TO USE CITY RIGHT-OF-WAY" ; PROVIDING FOR A
PERMIT PROCESS, PROVIDING FOR SURETY BONDS TO INDEMNIFY THE
CITY AGAINST LIABILITY; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Repeal of Chapter 12 . 04 . Chapter 12 . 04 of the
Chubbuck Municipal Code dealing with surety bonds is repealed in
its entirety.
Section 2 . New Chapter 12 . 04 . The following Chapter 12 . 04
shall be added to the Chubbuck Municipal Code:
Chapter 12 . 04
Permit to Use City Right-of-Way
12 . 04 . 010 Permit Required. All individuals, persons,
firms, or corporations participating in any construction,
demolition, clearance, excavation, maintenance or repair project
on or in any public street, alley, sidewalk, curb, gutter, land,
building, facility or other public place, including property
subject to an easement held by the City, shall obtain a permit
from the City prior to commencing work on the project.
12 . 04 . 020 Bond. All permittees obtaining a permit under
this Chapter shall deposit with the City, prior to commencing
work on the project, a surety bond in the sum of ten thousand
dollars or a corporate performance bond in the case of a public
utility directly regulated by a federal or state public utilities
commission. The City Engineer may require a bond in a larger
amount if, in his determination, the risk of liability to the
City is of a greater amount than the minimum bond requirement.
12 . 04 . 030 Bond Obligations. The obligations of all bonds
must include the requirement that the individuals, persons,
firms, or corporations participating in the project in question
shall comply with the provisions of all ordinances of the City,
that the surety issuing such bond or the corporate performance
bond will hold the City free and harmless by reason of any
damages that may be assessed against the City and any of its
officers or employees by reason of any work performed by the
insured party on the project in question, and that the surety
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issuing such bond or the corporate performance bond will pay all
fines, forfeitures, costs, attorney fees, and penalties assessed
against the insured party and the City.
12 04 040 Furnishing Liability Information. All
individuals, persons, firms, or corporations participating in any
project for which a permit is obtained pursuant to this Chapter
shall furnish to the City at the time of filing the surety or
corporation performance bond, the nature and extent of liability
insurance in force to protect other private parties affected by
the project in question.
12 . 04 . 050 Permit Exemption. The requirement of posting a
bond shall not apply to the owners of improved properties who
install curbs, gutters or sidewalks along City streets or
easements joining or crossing their properties. In order to
qualify for this exemption, said owner shall obtain a permit
pursuant to this Chapter, prepay any City inspection fees and
execute written agreements holding the City harmless and
indemnifying the City from any claims or losses arising from such
work. The agreement shall further obligate said owners to cause
the work to be performed in accordance with City standards, and
shall authorize the City to remove, and require said owners
forthwith to replace at their expense, any nonconforming curbs,
gutters, or sidewalks. The permit fee set forth in 12 . 04 . 060 may
be waived by the City Engineer provided all other inspection fees
are paid.
12 . 04 . 060 Permit Fee. The City shall charge a permit fee
of $25. 00 for each permit issued pursuant to this Chapter.
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
travel way as feasible. Items left overnight within thirty
(30) feet of the travel way 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 48 hours before
digging.
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/10N
C. Any disturbance of the traveled surface of the
road and/or traffic control devices shall be restored to the
satisfact'Lon 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 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" 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) have 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.
j . 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 willful or unreasonable neglect, fails to heed or
comply with notices given, or if the permitted utility is
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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.
1. 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 two 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 of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict.
Section 2 . Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
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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 hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this loth. day of DECEMBER 1991.
Y RR
ATTEST:
CITY CLERK
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SUMMARY OF ORDINANCE NO. 363
An ordinance of the City of Chubbuck, a municipal
corporation of the State of Idaho, repealing Chapter 12 . 04 of the
Chubbuck Municipal Code titled "Surety Bonds" , enacting a new
Chapter 12 . 04 titled "Permit To Use City Right-of-Way" providing
that all individuals or entities participating in construction
upon a public street, right-of-way or other public place shall
obtain a city permit prior to commencing work; requiring all
permittees to deposit a surety bond in a sum of not less than
$10, 000 prior to commencing work and further providing that a
larger bond may be required at the discretion of the City;
requiring that all bonds hold the City harmless from any
liability as a result of the permittee' s work; providing for
disclosure of liability insurance by a permittee; exempting from
a permit process those that install curbs, gutters or sidewalks
upon their own property, but requiring that said work be
performed in accordance with the City standards; establishing a
permit fee of $25. 00; establishing miscellaneous provisions
requiring that all permittees comply with uniform signing and
barricading; requiring that all underground crossings be bored or
jacked; requiring the City to be notified a minimum of 48 hours
prior to digging; requiring the restoration of disturbed road
surfaces; requiring that drainage of city streets be maintained
and restored; requiring the removal of mud and waste on streets;
requiring work to be performed pursuant to current and applicable
standards; providing the City may order the change of location of
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work or structures; providing that any permit granted is not an
exclusive grant; providing a manner by which the permit may be
revoked; requiring that adequate drawings be submitted; requiring
that any settlement within two years from the date of the work be
repaired at the permittee' s cost; requiring that no work be
started until an authorized City representative has given
permission to the permittee to proceed; providing for certain
administrative provisions, including an appeal of conflicting
ordinances, the waiver of the rule requiring the ordinance to be
read on three separate occasions being dispensed with and
providing for the effective date of the ordinance.
The full text of this ordinance is available at the City
Clerk' s Office, City of Chubbuck, 5160 Yellowstone Avenue,
Chubbuck, Idaho 83202 .
I have reviewed the foregoing summary and believe that it
provides a true and complete summary of Ordinance No. 363 and
that the summary provides adequate notice to the plaintiff of the
contents of this ordinance.
DATED this day of December, 19 f
Thomas J. Holmes_
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