HomeMy WebLinkAboutOrdinance-1976-0200 - Repeal WR Ord 18 & 131 - Excavation in StreetsIntroduced by Councilman Donaldson
ORDINANCE NO. 200
Series of 1976
TITLE: AN ORDINANCE TO REPEAL ORDINANCES NO. 18 AND 131, AND
PROVIDING FOR EXCAVATIONS IN THE STREETS, ALLEYS AND OTHER PUBLIC PLACES
AND REQUIRING PERMITS THEREFOR AND PRESCRIBING THE CONDITIONS FOR ISSU-
ANCE OF PERMITS AND THE FEES THEREFOR AND ESTABLISHING FINANCIAL
GUARANTEES TO BE PROVIDED PRIOR TO THE ISSUANCE OF PERMITS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,
THAT:
Section 1. Unless otherwise provided in this Ordinance, it shall
be unlawful for any person/s, firms, or corporations to enter upon
rights-of-way of the City of Wheat Ridge for the purpose of installing
water, sanitary sewer or storm sewer lines or taps into any utility
service, curb and gutter or street improvements of this City without
first having obtained the permits and having paid the fees that are
herein established and without complying fully with the fees, regulations
and specifications of this City which are hereby established by this
ordinance.
Section 2. Water and/or sanitation districts as said districts
are defined in Chapter 32, Article 4, Sections 101 and 102, Colorado
Revised Statutes of 1973, and utility companies as defined by Ordinance
No. 14, Series of 1969, are authorized to enter upon the public rights-
of-way of the City of Wheat Ridge, Colorado, to make emergency repairs
without first obtaining a permit, provided that: such water and/or sani-
tation districts and utility companies shall make application for a
permit within the next business day in which the City of Wheat Ridge,
Colorado offices are open for business.
Section 3. Private water companies, whose primary function
is to provide water for consumption, are authorized to enter upon the
public rights-of-way of the City of Wheat Ridge, Colorado, to make
emergency repairs without first obtaining a permit, provided that
such private water companies
ORDINRNCE NO- 200
shall make application for a permit within the next business
day in which the City of Wheat Ridge, Colorado offices are
open for business.
Section 4: Definitions.
BASE COURSE. This material shall consist of a
foundation course composed of crushed gravel or crushed stone
and filler and shall be free from vegetable matter and lumps
or balls of clay and shall meet one of the following grading
requirements:
STANDARD SITE OF SIEVE
PERCENTAGE BY WEIGHT PASSING SIEVE
Type I
Type II
100%
l
90-100%
3/41'
60-90%
100%
3/8"
45-75%
No. 4
30-60%
30-60%
No. 10
20-50%
25-50%
No. 40
10-300
25-500
No. 200
5-150
5-12100-
Liquid Limit
25 Max.*
25 Max.*
Plasticity Index
6 Max.
6 Max.
*30 Max., if non-plastic. Bearing value and/or stabilometer tests
may be required to properly evaluate the quality of the materials.
APPLICANT. Any person, firm, district or corporation
required by this ordinance to make application for a permit.
UNSUITABLE MATERIAL. Soft and yielding material and
rock or shale, which will not compact to the specified density
when rolled or tamped.
CITY COUNCIL. City Council of the City of Wheat Ridge,
Colorado.
JETTING. The backfilling of trenches over six (6)
feet in depth will be accomplished in lifts not
(6) feet and water jetted to saturation but not
after each lift. After the upper lift has been
complete trench shall be water jetted again and
for a period of not less than forty-eight (48)
the completion of backfill.
to exceed six
super-saturated
placed, the
left to stand
hours prior to
PERMIT. Written authorization by the City allowing
person/s, firms or corporations to enter city streets, roads,
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ORDINANCE NO. 200
or rights-of-way for the purpose of construction, installation
and excavation.
STREET. A dedicated public right-of-way, which
serves or is intended to serve the needs of residential,
industrial or commercial areas of the City.
Section S. Specifications - General.
1. To avoid interference with rush hour traffic,
the following conditions must be observed in making cuts in
improved through streets, bus route streets and main thorough-
fares:
A. Only one side of the streets in a block
may be out at any one time.
B. Should operating conditions require
opening the full width of a street at one time,
advance approval of the plans for opening must be
obtained from the Mayor or his designated represen-
tative. APPLICANT SHALL NOTIFY THE APPROPRIATE FIRE
PROTECTION DISTRICT AND THE WHEAT RIDGE POLICE
DEPARTMENT CONCERNING EXACT LOCATION OF STREET
BARRICADES AND DATES TRAFFIC WILL BE IMPEDED.
C. All cuts shall be made in accordance with
Section 6, LEGAL RELATIONS AND RESPONSIBILITY TO
THE PUBLIC, OF THE STANDARD SPECIFICATIONS FOR
ROAD AND BRIDGE CONSTRUCTION adopted by the Colorado
Department of Highways on January 1, 1971.
D. In the event that differences of opinion
should arise between the Mayor or his desginated
representative and the Permittees as to compliance
or non-compliance with specifications or these
regulations, then such dispute shall be submitted
for arbitration to an independent testing laboratory
or engineering consultant, whose findings shall be
binding upon both. Costs of such arbitration or
testing shall be borne by the party or parties whose
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ORDINANCE NO. 200
contention is not supported by such professional
findings.
2. Responsibility of person/s, firms, districts or
corporations making excavations in roads, streets or rights-of-
way in the City of Wheat Ridge:
A. The person/s, firms, districts or corporations
making excavation in the roads, streets, or rights-
of-way of the City of Wheat Ridge will hold harmless
the City, the City Council, the City Engineer and
City employees individually from liability for injury
to persons or damage to property resulting from such
excavation or backfill of the underground structures
or failure to repair street surfaces as herein
provided. They further shall hold harmless the City,
the City Council, the City Engineer and City employees
individually from liability for injury to persons
or damage to property resulting from the inadequacy
of barricades, lights or other proper warning devices.
B. Good practices and standard safety precautions
shall be observed. All excavations will be provided
with complete and adequate barricades by day and
adequate barricades and lights by night until relieved
of that responsibility by the Mayor or his designated
representative.
C. During the development phase in new sub-
divisions while streets are being layed out, constructed
and/or surfaced, or while utility lines are being
layed or installed, authorization may be granted to
totally barricade streets in the interest of public
safety, such authorization to be in writing and
approved by the Mayor or his duly designated represen-
tative. Such authorization shall state the period
when such total barricading will be allowed.
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ORDINANCE NO. 200
3. Requests for inspection shall be made at least
twenty-four (24) hours in advance except for Saturdays,
Sundays, Holidays, or at night, and in this case, a forty-
eight (48) hour request shall be made.
Section 6. Specifications - Street and Roadway Cuts
(Graveled).
1. All excavations made in City streets shall be
carefully backfilled and compacted by one of the methods
described under SPECIFICATIONS - STREET AND ROADWAY CUTS
(PAVED) or by the method described as follows in 1-A:
A. Excavated material shall be replaced in
the trench in lifts not to exceed six (6) feet and
jetted. Each subsequent lift shall be jetted and
the upper lift shall be filled to within six (6)
inches of the surface and jetted, then left to
stand for a period of not less than forty-eight (48)
hours, then either completely tamped or thoroughly
rolled to get maximum compaction. The trench shall
then be filled with base course material and compacted
to the surface of the road for its entire width.
This upper base course material, regardless of
its ultimate depth, shall be compacted to a density
not less than that of the adjoining undisturbed
earth or installed base material.
B. At no time will wet, soggy, frozen, or other
unsuitable material, as determined by the Mayor or
his designated representative be allowed as backfill.
If proper backfill material is not at the excavation
site, suitable material must be brought in and un-
suitable material removed from the site.
C. The entire surface of the roadway, including
the area of the trenching, shall be completely
restored with gravel and base material at least
equal to the original installation.
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ORDINANCE NO. 200
Section 7. Specifications - Street and Roadway Cuts
(Unimproved).
1. All excavations made in the City streets shall
be carefully backfilled and compacted by one of the methods
described under SPECIFICATIONS - STREET AND ROADWAY CUTS (PAVED)
or (GRAVELED) or by the method described as follows in 1-A:
A. Excavated material shall be replaced in
the trench in lifts not to exceed six (6) feet and
jetted. The subsequent lift shall be jetted and
the upper lift shall be filled to the surface,
jetted and then left to stand for a period of not
less than forty-eight (48) hours, then either
completely tamped or thoroughly rolled to a density
not less than that of the adjoining undisturbed
earth.
B. At no time will wet, soggy, frozen or
other unsuitable material as determined by the
Mayor or his designated representative be allowed
as backfill. If proper backfill material is not
at the excavation site, suitable material must be
brought in and unsuitable material removed from
the site.
Section 8. Unless otherwise provided for in this ordinance,
the following permit fees and inspection fees shall be paid
by the applicant:
1. .
A. Street Cuts
Basic Permit Fee $50.00
Includes 8 square feet of
excavation as required by
standard 2' x 4' cut.
Additional Fees:
All area excavation in ex-
cess of basic 8 square
foot cut $ .25 per square foot
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ORDINANCE NO. 200
B. Curb and Gutter (and sidewalk
if monolithic)
Permit
Fee
$50.00
Plus
$.05
per lineal foot
C.
Cross Pans
Permit
Fee
$50.00
Plus
$.05
per square foot
D.
Sidewalk
Permit
Fee
$50.00
Plus
$.05
per square foot
E.
Street or
Road
Construction
Sub Bas
e
Permit
Fee
$50.00
Plus
$.05
per square yard
Base Co
urse
Permit
Fee
$50.00
Plus
$.05
per square yard
Surface
Permit
Fee
$50.00
Plus
$.05
per square yard
F.
Additional
fees
for inspections
made on
Saturdays,
Sund
ays, Holidays or
other
hours than
norm
al working hours:
Add 50% to
perm
it fee.
2. Unless otherwise provided for in this ordinance,
all permits and inspection fees shall be payable in advance of
excavation or construction in the rights-of-way, streets of
the City of Wheat Ridge. The lack of a permit on the job site
shall be construed as a valid reason to require the stoppage of
all work in connection with excavating, backfilling, constructing
curb, gutter, sidewalk, valley gutters, pans, and the building
of roads or streets.
3. Unless otherwise provided for in this ordinance,
excavating, backfilling, constructing curb, gutter, sidewalk,
valley gutters, pans, and the building of roads or streets
without a valid permit shall result in the tripling of all fees
and inspection costs when the applicant is operating without
such permit.
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ORDINANCE NO. 200
4. As an alternative of the above inspection fee
schedule, the following procedure is permissive:
A. That an independent Professional Engineer
registered in the State of Colorado obtain a permit
at a charge of $5.00 per permit, each operator to
be covered by a separate permit. (Street cut,
curb and gutter, sidewalk, valley gutter, pans,
street or road construction, would be six (6)
operations and would require six (6) separate permits).
B. That Professional Engineer will be responsible
to the Mayor or his designated representative for all
inspection and tests necessary to insure that the
applicable work to be done on this project is in
accordance with or above the requirements and
specifications of the City of Wheat Ridge, Colorado.
C. It will be required that documentary evidence
of a contractural employment of said designated
registered Professional Engineer shall be submitted
to the Mayor or his designated representative at the
time construction plans, profiles, and designs are
submitted for approval and prior to the issuance of
said permit for construction. Said evidence shall
recite that the registered Professional Engineer
has complete control and authority over the work to
be accomplished. Immediately upon completion of work,
the registered Professional Engineer shall file a
report including "as-built drawings locating all cuts
by dimensions and house numbers" with the Mayor or
his designated representative stating that all work
under his charge has met or exceeded all city
specifications, regulations and written requirements.
ALL EXCAVATION OR CONSTRUCTION PERMITS HERETOFORE
ISSUED, PURSUANT TO ANY RESOLUTION OF TIME JEFFERSON
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ORDINANCE NO. 200
COUNTY BOARD OF COUNTY COMMISSIONERS COVERING THE SAME SUBJECT
MATTER, AND UPON WHICH WORK HAS NOT YET COMMENCED, ARE HEREBY
REVOKED AND NULLIFIED.
Section 9. Water and/or saniiation districts as said districts
are defined in Chapter 32, Article 47 Sections 101 and 102, Colorado
Revised Statu!,es of 1973, and utility companies as defined by Ordinance
No. 14, Series of 19697 shall not be required to pay the fees as
provided for in Section 8 of this ordinance.
Section 10. Unless otherwise provided for in this ordinance,
permits issued under provisions of this ordinance shall only be issued
when a financial guarantee or guarantees has or have been provided.
A release of said guarantee shall be made only on approval of the
Director of Public Works, and shall be binding on the City following
completion of all required work.
1. The minimum guarantee shall be the sum of Two Hundred
Fifty Dollars ($250.00) and the sum of the guarantee shall be for 100%
of the estimated cost of the required proper repair to the excavation,
including sub-base, base course material and adequate pavement. The
cost of installing and maintaining temporary repairs with a cold-mix
type asphalt cement shall also be included in the estimate.
2. The guarantee may in any of the following forms:
A. Escrow of funds with the City by agreement acceptable
to the City Attorney.
B. Escrow of funds with a bank, savings, and loan
association, or other bona fide lending source with
the unconditional right, given to the City to draw on
the funds deposited in the event the required repairs
are made in any matter contrary to the requirements of
this ordinance.
(a) Said escrow agreement must be satisfactory
to and approved by the City Attorney.
(b) Said funds may be used by the City to complete
the work or to pay any bills which are outstanding
by the permit ee.
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ORDINANCE NO. 200
3. An irrevocable sight draft or letter of commitment
in a form satisfactory to the City Attorney which guarantees the
City that the financial backing is available so that the required fin-
ished repairs will be timely and properly accomplished. the City
Attorney may recommend that an option other than the above may be required
and may designate other options available under this section as being
required in place of this subsection.
4. In computing the estimate guarantee sum required,
the Director of Public Works may utilize presentday construction
estimates, bids and quotes in computing the guarantee. Further, he
may impose a reasonable cost increase factor in his estimates.
Further, he may make reasonable allowances for possible emergency or
other maintenance of the cut by City forces at rates not less than
current construction quotes.
Section 11. Water and/or sanitation districts as said districts
are defined in Chapter 32, Article 4, Sections 101 and 102, Colorado
Revised Statutes of 19731 shall not be required to provide financial
guarantees as provided in Section 10 of this ordinance.
Section 12. Construction Plans, Specifications and Other Pertinent
Documents.
1. That ten (10) days prior to commencement of work for
the extension of water mains, sewer mains or construction of storm
sewers, the engineering plans and specifications shall be presented
to the Mayor or his designated representative for review and study.
These plans and specifications shall be approved by the Mayor or his
designated representative prior to construction.
Section 13. Severability Clause. The provisions of this Code
are hereby declared to beseverable,and if any section, provision, or
part thereof shall be held unconstitutional or invalid, the remainder
of this Code shall continue in full force and effect, it being the
legislative intent that this Code would have been adopted even if
such unconstitutional matter had not been included therein. It is
further declared ghat if any provision or part of this Code, or the
application thereof to any person or circumstances, is held invalid,
the remainder of this Code and the application thereof to other persons
shall not be affected thereby.
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ORDINANCE No. 200
Section 14. Penalty Clause. Whenever in this Code or any other
ordinance or resolution of the City or any rule or regulation promulgated
under the provisions of this Code any act is prohibited or declared
to be unlawful or an offense or a misdemeanor or the doing of any act
is required or the failure to do any act is declared to be unlawful
or any offense or a misdemeanor, where no specific penalty is provided
therefor, any person who shall be convicted of the violation of any
such provision of this Code or other ordinance or resolution of the
City hereafter enacted or of such rules or regulations shall be
punished by a fine of not more than three hundred dollars ($300.00)
or by imprisonment; in jail not, exceeding ninety days (90) or by both
such fine and imprisonment.
Every day any violation of this Code or any other ordinance or
resolution of the City or any rule or regulation promulgated under
the provisions of this Code shall continue and shall constitute a
a separate offense.
Section 15. Emergency Clause. The provisions of this ordinance
are necessary for the immediate preservation of the public health,
safety, and welfare of the City for the following reasons:
1. The provisions of this ordinance are necessary for the
orderly regulation of street cuts and related matters contained in
the ordinance.
2. It is necessary for the City's investment in and pre-
servation of the street system.
Section 16. Effective Date. This ordinance shall take effect
and be in force five (5) days after publication following final passage
providing it shall have been passed by an affirmative vote of three-
fourths (3/4) of the members of the City Council; otherwise said
ordinance shall take effect thirty (30) days after publication following
final passage.
INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED on first
reading this 9th day of _ February , 1976, by a vote of 5
to 0
PASSED, ADOPTED AND ORDERED PUBLISHED ON SECOND and final reading
this 8th day of March , 19769 by a vote of 4 to 2
ATTEST:
Elise Brougham, it;y G1erk
Frank Stites, Mayor
CERTIFICATION OF PUBLISHING
I. ELISE BROUGHAM, HEREBY CERTIFY THAT ORDINANCE 200 WAS DULY PUB-
LISHED IN THE DENVER POST ON THE 18th OF February , 1976
AFTER FIRST READING.
I, ELISE BROUGHAM, HEREBY CERTIFY THAT ORDINANCE 200 WAS DULY PUB-
LISHED IN THE DENVER POST ON THE 17th OF March , 1976
AFTER SECOND READING.
J
'44M~ Brougham C Clerk