HomeMy WebLinkAbout1700ORDINANCE NO. /y~
An Ordinance regulating cutting or excavating of streets;
requiring applications, permits, and security therefore;
and prescribing penalties for the violation thereof; and
repealing Ordinance No. 308.
THE CITY OF ASHLAND, OREGON, ORDAINS AS FOLLOWS:
Section 1. It shall be unlawful for any person, firm or
corporation to excavate, cut, break, dig up, damage in any manner,
undermine or tunnel under any public street or alley without first
making application to the City Engineer, depositing security, and
obtaining a permit therefor, as provided in this ordinance.
Section 2. Applications. Applications for said permits shall
be in the form prescribed by the City Engineer and shall specify
the name and address of the applicant; the date of the application;
the name of the street or alley to be excavated, cut or tunneled
under; the nature of the street surface or pavement involved; the
purpose of the work; the size and nature of the cut or excavation;
the number of days required to complete the work; and an agreement
to deposit such security as required by the City Engineer, to comply
with the provisions of this ordinance and with the specifications of
the City Engineer pertaining to
city and its employees harmless
may result from the acts of the
the conduct of the work, to save the
against any injury or damage that
applicant, and to file a report of
the work done within 48 hours of its completion. Applications shall
also contain or be accompanied by such maps, plans, information and
stipulations as may be required by the City Engineer.
Section 3. Security. Before the issuance of any permit, the
City Engineer shall require the applicant to file with him as
security either:
(a) A surety bond in an amount fixed by the City
Engineer, but not to exceed $500.00, conditioned
that the applicant will, immediately upon the
completion of the work, remove all surplus earth,
rubbish, or other material, replace the pavement
cut or undermined in a condition as good as or
better than it was before, and keep the same in
good repair, at his own expense~ for a period of time
to be designated by the City Engineer but not to exceed
one year from the completion of said work;
(b) Cash or certified checks in an amount equal to twice
the estimated replacement value of the pavement to be
cut, together with the cost of re-excavation and
refilling with proper material, if necessary, as
determined by the City Engineer, to be held and
returned subject to the same'conditions as set forth
above in the case of surety bonds; or
(c) A blanket surety bond to cover all street cu~%s
made by any particular applicant for a period of
one year in an amount to be fixed by the City
Engineer, but not to exceed $5,000.00, and subject
to the same conditions as stated above with reference
to bonds for particular street cuts.
Provided, however, that the City Engineer may waive the
requirements of Section 3 if, in the opinion of the City Engineer,
such security is not necessary for the protection of the public
interest.
Section 4. Permits. If the City Engineer is satisfied that
the excavation cut or tunnel is feasible and proper, that the said
application has been made in due form, and that adequate security has
been filed, as required by the provisions of this ordinance, he
shall issue a permit which shall designate the name and address of
the person to whom the permit is granted; the date of the issuance
of the permit; the street or streets to be cut or tunneled under;
the nature.of tile street surface or pavement involved; the purpose
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of the work; the size and nature of the cut or excavation; the esti-
mated cost of restoration; the nature and amount of security deposited;
the time within which the work is to be completed, as determined by
the City Engineer; and such other restrictions or requirements as may
be deemed necessary or proper by the City Engineer for the safety of
the public and the protection of public interests.
Section 5. Conduct of Work. Ail work under said permits shall
be done in conformity with the provisions of this ordinance, the
terms of said applications and permits, and under the supervision
and subject to the approval of the City Engineer. Upon completion
of the excavation cut, or tunnel, all surplus earth, rubbish or
other material shall be removed immediately and the street or
surface pavement shall be replaced in as good as or better condition
than it was before.
Section 6. Adherence to and'Exhibition of Permits. No work
shall be undertaken other than that specified in the application and
permit for the particular cut or excavation. Upon demand of the
City Engineer, his assistants, or any city police officer said
permits shall be produced at the place where the work is in progress;
or such work shall be stopped until said permit is produced.
Section 7. Notice of Completion of Work. Within 48 hours of
the completion of said cuts or excavations, the person to whom the
permit to do such work has been issued shall report to the City
Engineer, stating that such work has been completed and give such
other information as may be required by said City Engineer.
Section 8. Barricades and Safety Measures. Whenever any
person or corporation shall, under authority of this ordinance or
otherwise, place any obstruction in any street or alley or make any
excavation therein for any purpose whatsoever, it shall be the duty
of such person or corporation to keep such obstruction or excavation
properly safeguarded by substantial barricades and to display lighted
red lanterns or other lights or flares from dusk until daylight in
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conformity with such regulations as may be specified by the City
Engineer. Whenever, in the opinion of the City Engineer, the
public safety is so seriously endangered by said cuts or excavations
as to require constant supervision from dusk to daylight to insure
that all barricades are in proper condition, that all warning lights
are burning, and that traffic is properly routed around such barri-
cades, the person to whom the permit for the work has been granted
shall be responsible for furnishing a night watchman for that purpose.
Section 9. Liability for Accidents. Every person or corporation
having occasion to place any obstruction in any street or alley or
to make any excavation therein under the provisions of this ordinance,
shall be responsible to any one for any injury by reason of the
presence of such obstruction or excavation in the public highways
and also shall be liable to the City of Ashland, in the event that
the city shall be held responsible for any accident claims or other-
wise arising out of the presence of any such obstruction or excavation
in said public highways.
Section 10. Repairs. Ail persons to whom such permits are
granted shall be personally responsible for the maintenance and
repair of the street surface or pavement cut, dug up, damaged,
tunneled under, or undermined under the provisions of said permits,
in as good as or better condition than before such work was under-
taken, at their own expense and for such period of time as may be
required by the City Engineer, but not to exceed two years.
Section 11. Option to City to Replace Pavement. Whenever,
in the opinion of the City Engineer, it would be to the best
interests of the city for the city itself to replace or repair the
street surface or pavement cut, dug up, damaged, tunneled under, or
undermined under the provisions of this ordinance, such work shall
be done by the city under the direction of the City Engineer and
the cost of said work shall be either charged to the person to whom
the permit for the said. cut or excavation has been granted or deducted
from the security deposited by him with the City Engineer.
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Section 12. Application to City Employees and Public
Utilities. The provisions of this ordinance shall not be deemed
to apply to the construction or maintenance of pavement by the
city, or by its employees.
Section 13. Penalties. Any person violating any provision-
of this ordinance shall, upon conviction thereof, be punished by
a fine of not to exceed $500.00.
The foregoing ordinance was first read at a regular meeting
of the Common Council held on the ~_r~ day of z~ , 1971, and
passed to its second reading and duly passed on the ~ day of
~//~ , 1971, the vote being as follows:
Ayes
Nays
To all of which I hereby certify:
Recorder
Approved as to form:
Approved:
City Attorney
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