Loading...
HomeMy WebLinkAbout1957 Ordinance No. 024374 BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1957 AN ORDINANCE REGULATING EXCAVATION OF PUBLIC ROADS, HIGHWAYS, STREETS, ALLEYS AND OTHER ' PUBLIC PROPERTY, ESTABLISHING PERFORMANCE STANDARDS FOR SUCH EXCAVATIONS, PROVIDING SEX:URITY FOR THE RESTORATION OF THE EXCAVATED THOROUGHFARE TO ITS ORIGINAL CONDITION, AND PROVIDING PENALTIES FOR VIOLATIONS OF THESE PROVISIONS, AND REPEALING ORDINANCE NO. 29, SERIES OF 1926, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Definitions: For the purpose of this Ordinance, certain words and phrases are defined and certain provisions shall be construed as hereinafter set out, unless it shall be apparent from their context that a different meaning is intended. (a) City: is the City of Englewood, Colorado; (b) City Engineer: is the City Engineer of the City of Englewood, Colorado; (c) Person: is to be construed to mean domestic and foreign corporations, associations, syndicates, joint stock companies, firms, partnerships of every kind, trusts, societies, and individuals. (d) Permittee: is the person, firm or corporation to whom an excavation permit has been issued under the provisions of this Ordinance.· Section 2. Unlawful to excavate without Permit: It shall be unlawful for any person, firm, or corporation to dig up, open, excavate, or to cause to be dug up, opened, or ex- cavated any public road, highway, street, alley or public property, or any part thereof, in the City of Englewood, without having first secured a permit therefor from the City Engineer or his authorized representative. Such permit shall be kept at the site of tle excavation while the work is in progress and shall be exhibited upon request to any City Police Officer or representative of the City Engineer. Section 3. Application: Application for a permit to excavate shall be made on a form provided by the City Engineer or his representative, and shall specifically show: (a) Name and address of person or firm who will actually perform the excavating work; (b) Name and address of person or firm causing excavation to be made; (c) Purpose for which excavation is necessary; (d) Exact size of opening to be made; (e) Specific location of proposed excavation, including illustration or plan if necessary; (f) Amount of time required to commence and complete requested excavation; (g) License number of applicant's City Contractor's License, or Business License for the current year. Section 4. Conditions of Permit: (a) All permits shall be issued according to the provisions of this ordinance and shall be in effect for a period not longer than thirty . (30) days from the date of issuance. All work performed as authorized by permit shall be subject to such rules, directions and regulations as the City Engineer may establish as necessary to provide for the proper care, protection and maintenance of all public roads, highways, streets, alleys and public places within the City of Englewood. Such permits shall be conditioned that all work done thereunder shall be only such work as is allowed by the City of Englewood and so speci- fied by ordinance, resolution, or contract with the City, and shall specific- ally provide that permittee shall be liable for maintenance of the cut for one year from the date of the issuance of the permit. No permit issued under the provisions hereof shall be for more than one excavation project. An excavation permit shall not be required for work on sidewalks, curbs, gutters, or drive- ways if such work is done in accordance with the terms of the provisions of other applicable ordinances of the City of Englewood. (b) No permit shall be issued to any person, firm or corporation that is in current violation of the rules, directions, and regulations under this ordinance, or the terms of any other ordinance, rule or regulation of the City. Section 5. Fees: Applicants for excavation permits may elect either of two alternatives for paying permit fees to assure proper handling of openings in public ways and places within the City of Englewood: (a) Payment of the appropriate permit fee from the following table. When work is completed and excavation is properly backfilled, the City shall be responsible for final resurfacing of the opening: (1) Adequately Paved Public Ways: 2-feet by 4-feet excavation (8 Sq. Ft.) ••••• $16.00 Each additional square foot • • • • • • • • • • • 2.00 Partially Paved Public Ways: 2-feet by 4-feet excavation (8 Sq. Ft.) ••••• $ Each additional square foo t • • • • • • • • • • • 8.00 1.00 I I I Unsurfaced Public Ways: 2-feet by 4-feet excavation (8 Sq. Ft.) ••••• $ 2.00 Each additional square foot • • • • • • • • • • • .25 (2) Filing with the City Engineer an official document of evidence of con- tract between the applicant for an excavation permit and a reputable paving firm showing that such firm will finally resurface all excava- tions, according to City Specific ations, after they have been properly backfilled by the permittee. A charge of Two Dollars ($2.00) will be made for each such permit issued. Section 6. Inspection: It shall be the duty of the City Engineer or his representative to inspect and test all excavation work permitted under the provisions of this ordinance to determine adherence to regulations hereunder provided, as well as additional requirements es- tablished as enabled under Section 4 above. If it is determined that the actual excavation made is larger than that authorized under the permit issued, the permittee shall be billed for the additional amount of the permit fee, according to the rates established in Section 5 above. If it is determined that improper or unauthorized methods have been employed in open- ing or closing the excavation, the permittee will be given a reasonable amount of time, not to exceed thirty (30) days to correct any and all deficiencies. If the permittee fails to correct such deficiencies, such correction shall be made by City forces and the actual costs plus fifty percent (50%) shall be billed to the permittee. Section 7. Area of Construction: It shall be unlawful to stop up or obstruct more than the space of one block and one intersection at the same time in any one street. Section 8. Safety Appliances Re~uired: It shall be unlawful for any person, firm, or corporation to dig up or cause to beug up any hole, drain, ditch or any other excavation in any public road, highway, street, alley, or public place within the City of Englewood itbout providing during the nighttime sufficient red lights to be placed with a suitable barricade or temporary fence around such hole, drain , ditch, or other excavation in order to prevent persons, animals, and vehicles from sustaining injury. During the daytime the barricade shall be maintained, but red warning ligh ts are not required. Section 9. Liability for Dama~es: Any person, firm, or corporation who shall undertake work pursuant to a permit Issued un er the provisions of this ordinance, or to perform work under contracts with the City of Englewood, shall be answerable for any damage occasioned to persons, animals, or property by reason o f carelessness and negligence connected with such 375 ork. Permits shall be granted and contracts awarded only to those persons, firms, or corpor- ations who shall be regularl y licensed by the City of Englewood and who maintains a performance bond at least $1,000.00, renewable annually. Section 10. Supervision of the City Engineer: All opera1i>ns for which a permit is grant- ed hereunder shall be under the direction and supervision of the City Engineer. Section 11. Enforcement: (a) Any person, firm, or corporation who fails to comply with any of the terms of this ordinance shall, upon conviction, be fined in a sum not exceeding Three Hundred Dollars ($300.00), or be imprisoned for a period of not exceeding ninety (90) days. Upon such conviction any license or licenses which such person, firm, or corporation so convicted may hold under and by virtue of any ordinance of the City of Englewood for engaging in any business, trade, occu- pation, or profession, shall immediately be revoked, and such person, firm, or corporation shall not be eligible to obtain any new license or permit under this or any other ordinances until full compliance with the provisions of this ordinance nas been made. (b) The City may, at its option, proceed by injunction, abatement, suit for col- lection, or any other legal action which it may deem advisable for the enforce- ment of this ordinance and collection of the fees provided for herein; pro- vided that, such election shall not in any way be deemed a waiver of or re- lease of any person from the penalti es provided for hereinabove in this section, and conviction thereunder shall not preclude the City of Englewood from pro- ceeding with any other legal action or actions that it may deem advisable. Section 12. Ordinances Hereunder Repealed: Ordinance No. 29, Series of 1926, and all other ordinances and parts of ordinances In conflict herewith are hereby expressly repealed. Section 13. Saving Clause: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decisions shall not affect the validity of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each secti on, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one section, subsection, sentence , clause or phrase be declared uncon- stitutional. Section 14. Emergency Exis ts: The City Council hereby finds, determines and declares this Ordinance is necessary for the immediate preservati·on of the public peace, health, safety, and convenience; and that in the opinion of the City Council an emergency exists; therefore, this Ordinance shall take effect and be in force from and af ter its final passage and publi- cation. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 17th day of June, A.D. 1957, and ordered published in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council 15th day of July, A.D. 1957, and ordered publish ATTEST: ..... If -· " Colorado, this and Enterprise. I, J. L. Barron, City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing Ordinance was introduced and read in full and ordered published as pro- posed Ordinance for the meetings of June 17th and July 15th, 1957, held by the City Council of the City of Englewood, Colorado, on said dates and the same was published in the Englewood Herald and Enterprise, July 18th, 1957, as Ordinance No. 24, Series of 1957. •• I