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0363 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 Chapter 12 . 04 of the Chubbuck Municipal Code dealing with surety bonds is repealed in its entirety.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 Ordinance - Page 1 dsc chbbck11. 131 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. Ordinance - Page 2 dsc chbbckll. 131 /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 Ordinance - Page 3 dsc chbbckl1. 131 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. Ordinance - Page 4 dsc chbbck11. 131 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 Ordinance - Page 5 dsc chbbckil. 131 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 SUMMARY OF ORDINANCE NO. 363 - Page 1 dsc chbbck12 . 312 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_ SUMMARY OF ORDINANCE NO. 363 - Page 2 dsc chbbck12 . 312