Ordinance 786 - Street Excavation264.
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ORDINANCE NO. 786
AN ORDINANCE REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS,
SIDEWALKS, AND OTHER PUBLIC GROUNDS; REQUIRING A PERMIT THEREAFTER AND
PAYMENT OF A FEE; IMPOSING REQUIREMENTS FOR THE PROTECTION OF LIFE AND
PROPERTY IN CONNECTION WITH EXCAVATION WORK, INCLUDING TRAFFIC AND PE-
DESTRIAN SAFEGRUARDS AND THE BACK -FILLING AND RESURFACING OF EXCAVATION
PERSCRIBING SURETY BOND, INSURANCE AND DEPOSIT REQUIREMENTS; AND PER -
SCRIBING PENALTIES FOR VIOLATI',ONS OF ITS PRDVISIONS.
SECTION 1. TITLE: This ordinance shall be known and may be cited as
the,"Street Excavation Ordinance of the City of Kalispell, Montana."
SECTION 2. DEFINITIONSi For 'the purpose of this Ordinance, the fol-
lowing terms, phrases, words, and their derivations shall have the
meaning herein. When not inconsistent with the context, words used in
the present tense`'inelude the future, words in the plural number include.
the singular number, and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
(a) "Applicant" is any person making a written application to the
City. Engineer for an excavation permit hereunder.
(b) "City" is the City of Kalispell, Montana.
(c) "City Council" or "Council" is the City Council of the City
of Kalispell, Montana.
(d) "City Engineer" is the City Engineer of the City of Kalisnell,
Montana.
(e) "Excavation Work" is the excavation and other work permitted
under an excavation permit and required to be performed under this
Ordinance..
(f) "Permittee" is any person who has been granted and has in full
force and effect an excavation permit issued hereunder.
(g) "Person" is any person, firm, partnership, association, cor-
poration, company, or organization of any kind.
(h) "Street" is any street, highwav, sidewalk, alley, avenue, or
other public way or public grounds in the City.
SECTION 3. EXCAVATION PERMIT: Any person, except an electric power
distribution or a telephone, steam or gas utility, desiring to make any
hole, tunnel or excavation of any kind in or under any of the streets
of the City for any purpose whatsoever shall make a written application
for a hermit therefor to the City Engineer of the City; such application
shall contain the purpose for which such hole or tunnel or excavation is
to be made, the location thereof in feet distant from the center lines
of nearest street intersection, the size of the excavation and the length
of time such hole or excavation is to',remain open or unfilled. it is
unlawful for any person to make such a hole, tunnel or excavation of
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any kind in anv of the streets of the City without first having obtained
a permit therefor, as provided herein. No permit shall be issued nor
any opening made until all necessary fittings and materials are avail-
able and on hand to complete the work. Work under any permit must be
begun within ten days after the issuance of a permit or the permit
shall be void: No permittee shall begin an excavation without giving
twenty-four hours' notice thereof to the City Engineer; nor shall any
excavation extend over fiftv�percent of the width of any street section
at any time, except that when an emergency exists the City Engineer may
authorize commencement of an excavation on less than twenty-four hours'.
notice and may permit more than fifty per cent of the section to be
open at one time.
SECTION 4. EXCAVATION PERMIT FEE: At the time of making application
as provided in the preceding section, any applicant for a permit to
excavate in the streets, shall pay to the city the sum of five dollars,
which is declared to be the expense and costs of issuing a permit, and
giving notification of the pending application to various city depart-
ments concerned therein. The revenue from all such permit fees shall
be credited to the City's Street and Road fund.
SECTION 5, CUTTING OF CEMENT: iNherever the surface or the base is of
cement, whether the wearing surface upon a cement base be brick or
bituminous, the cement shall be cut with a power -driven saw so as to
provide a kerf deep enough to permit complete breakage without ragged
edges, or drilled with holes not over six inches center to center along
the outer line of the excavation, following which the concrete or other.
paving materials shall be carefully broken out without.damage to the
adjoining pavement. Under no conditions may a permittee use an impact`'
ball, backhoe bucket or similar objects swung from a crane or shovel
boom to break out a concrete surface or base.
SECTION 6. DIGGING OF SURFACE AND BASE DATERIAL: All surfaces and
base materials other than those specified in the preceding section
shall be dug through by hand or by machine in such a manner as to dis-
place the least possible surface in excess of that which must be cut
for the excavation or hole..
SECTION 7. PILING OF EXCAVATED MATERIAL AND BARRICADES: All excavated
material shall be piled, and both excavation and the excavated material
shall be safeguarded by barricades at all times and shall be adequately
flared or otherwise lighted from sunset to sunrise. If any sidewalk is
blocked or removed by such excavation or excavated material, a temporary
sidewalk shall be constructed or provided by the permittee for the safe
travel and convenience of pedestrian traffic.
SECTION 8, BACKFILLING: The material removed in the making of the
excavation may be used in backfilling to within twelve inches of the
finish grade line line; provided, that all material exceeding twelve
inches in dimension is to be removed and hauled to waste, the usable
material shall be placed in the trench or excavation in lifts not
exceeding six inches to each lift if mechanically tamped or twenty-four
inches if flooded. Each lift shall be thoroughly compacted by the use
of power tampoing equipment or by thoroughly flooding the backfull
material with water to obtain original density, but in no case shall
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any backfill be made having a density after compaction of
ninety-five per cent on the Proctor Scale, or eighty per
determined by the impact or field method compaction test,
densely compacted than the surrounding undisturbed earth.
less than
cent as
or less
SECTION 9. SPECIFICATIONS OF BACKFILL MATERIAL: The top twelve inch
beneath the finish subgrade shall not be filled with material removed
from the excavation except by permission of the City Engineer. Where
substitute material is required to be used by him, such material shall
be granular in characteristics and shall meet the following specifica-
tions as to gradulation; One hundred per cent passing a one i{ich mesh
screen and not more than ten per cent passing a two hundred mesh screen.
SECTION 10, RESURFACING: After,:bringing the compacted backfill to
subgrade, the holder of a permit shall employ the following methods ..
where applicable.
(a) Where the base or surface is cement the permittee shall
immediately,pour concrete meeting ASTM specifications for high early
strength cement concrete? after first dampening the base and squaring
and trimming the edges previously sawn with a concrete saw so as to in-
sure a good bond of the new cement with the old. Where required by
the City Engineer, the cement patch shall be keyed into the edges of
the old cement, or load transfer devices shall be used if in his judg-
ment such is necessary to re-establish the concrete surface or base.
The cement shall be properly cured out before opening the patch to
traffic loads.
(b) Where the surface is bituminous on a concrete base, the
`Contractor shall first cure out the concrete base. When cured, the
Contractor shall cause the surface to be re-established by a plant mix
Penetration bituminous patch so laid and rolled as to obtain adequate
compaction and proper bonding to the original surface material.
(c) Bituminous Surfaces. After_ -bringing the compacted backfill
to top of subsurface grade in the manner specified in this article,
the permittee shall, as soon as practicable, cause bituminous material
of a type grade and character equal to the original to be placed on
the primed subsurface and rolled or'otherwise compacted in such a wav
as to smoothly join the original grade of the adjoining material. All
subgrades shall be primed with MC cutback oils before making a patch.
(d) Unimproved Streets. Where the street excavated is unimproved
as to its surface, the backfill shall be brought to finish grade by
using select material specified in this article, power tamped or flooded
to a compaction density as provided in previous section.,
SECTION 11. CITY TO RESURFACE AT OPTION OF PERMIT HOLDER: The holder
of any permit to make an excavation may, elect to restore a paved sur-
face himself. in accordance with the requirements set forth in this
article or he may at his option elect to have the city restore the
surface. He shall pay the following charges at the time,the permit is
granted.
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Bituminous low type (load mix 2".or less) $4.00 Sq. Yd.
Bituminous high type (load mix 2 1/2" or over)6.00 Sq. Yd,
Concrete base, concrete surface 15.00 Sq. Yd.
The square yardage shall include an area six inches beyond the outer
limits of the excavation or,subgrade disturbed, and the city's
responsibility shall extend to the surface only.
SECTION 12. ESTIf4ATED COST Or RESURFACING: The applicant for a
permit shall state the surface dimensions of the excavation at the time
of making application for his permit and the pavement charge shall be
based upon the applicant's estimate, subject to the City Engineer's
approval thereof. At the time of completion of backfill, the City
Engineer shall measure accurately the surface area of the excavation
and shall cause a refund to be made to the permit holder or shall
require the permit holder to pay a supplemental sum based un_on the
table of charges above if the actual excavation exceeds the estimate.
A permit holder refusing to pay a supplemental charge, or not paving
the same within seven days, shall be issued no further permits until
such delinquency shall have been met by payment or by adjustment hereof
approved by the Mayor.
SECTION 13, PUBLIC LIABILITY INSURANCE: At the tine of making appli-
cation the applicant shall file with the City Engineer evidence of
public liability insurance protecting and saving harmless the city
from any and all personal or property damage, claims or bonds, which
may directly or indirectly result from such work. Sudh public
liability insurance shall be in the principal amount of eue hundred
thousand dollars, one person ,three hundred thousand dollars, one acci ent
for personal injury, and fi tY��ousand dollars, property damage.
SECTION 14. SPECIAL BOND REQUIRED: An applicant for a permit may at
his option file a surety bond in the sum of one thousand dollars cover-
ing only the one excavation applied for or a suretv bond in the
principal amount of five thousand dollars. The condition of each bond
being the proper backfill of the excavation or restoration of surface
in accordance with the provisions of this article; provided, that
where an applicant elects to file a five thousand dollar bond so
conditioned, such bond shall cover all excavation permits issued to
the same applicant during the remainder of the calendar vear in which
such bond is filed. Such bond shall be required of all applicants,
without exception, for permits. Any evidence of settlement of the
backfill or deterioration or failure of permittee's patch applied to
the surface within two years after completion of the work shall be
deemed conclusive evidence of defective backfilling or surface restor-
ation by the permittee and in such event after three days written
notice to the permittee and his bondsman,and their failure to comply
with said notice, the city may elect to re -excavate and backfill
properly or shall repair defective surface restoration or both, in
accordance with the provisions of this article, and the costs thereof +"
shall be collected against the bond provided for by this section, and
any bond filed hereunder must so recite the right of the city to do so. /
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SECTION 15. LIABILITY OF CITY: The city shall assume only for failure
of surface where applicant has elected to have the city restore surface,
and shall have no responsibility.for permittee's surface patches or for
any-backfills. The City Engineer's report upon failure of any permittee
back£ill subsidence, or upon any permittee surface failure, shall be
conclusive.
SECTION 16, PUBLIC UTILITY COMPANIES: Any public utility owning or
operating a system of distribution lines for electric power, steam
heat, natural or artificial gas or telephone service or water shall
not be required, to make advance application for each excavation, but
shall annually apply for a master permit to cover all excavations to
be made by such company during each calendar year. Such utility shall
file with the office of the City Engineer the evidence of insurance
required`- by this article and shall file a surety bond in the principal
sum of twelve thousand dollars-, conditioned as to 'assume the proper
backfilling of each excavation and restoration of .surface in accordance
with the provisions of this article. At the time of making any
excavation, the utility making such excavation shall notify the police
and fire departments thereof, and within twenty-four 'hours after any
excavation is made by such utility, it shall be the duty of such
utility to notify the City Engineer in writing that it has made an
excavation and such notice shall state the location, area, type of
surface, etc., as is required'. by this article. Closure shall not
commence except on four hours' notice to the City Engineer. Monthly
such utility shall pay a permit.fee of two dollars per excavation,
covering excavations made within the previous month plus pertinent '
surface restoration charges.
SECTION 17. BACKFILL AND RESURFACING: Each utility,company operating
in the city shall be governed as to backfill and surface restorations
by the provisions of this article. It is the intention of this sectio
to recognize the special requirements for the continual maintenance of
service of electric, water, telephone, gas and heating system utilities
and to permit such utilities to operate in a reasonable manner as to
the making of excavations necessary to restore or maintain their
services.
SECTION 18. U. S. HIGHWAY NUMBER 2 and HIGHWAY NUMBER 93 EXCAVATION:
It shall be unlawful for any person to excavate, or cause to be exca-
vated, any part of either U. S. Highway No. 2 or U. S. Highway No. 93
within the city limits of Kalispell, without first having also obtained
a permit to do so from the district engineer of the Kalispell office
of the Montana State Highway Department. Such permit from the Montana
State Highway Department must.be exhibited upon making application
hereunder to the city.
SECTION 19, AUTHORIZATION; BOND: Before any opening is made under
this article in the area described in the preceding section, the
applicant shall first secure the authorization of the Montana State
Highway Department to make such excavation, and shall post any bond
as may be required by the laws of the State of Montana, or,regulations
of the Montana State Highway Department.
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SECTION 20. PROTECTION OF PUBLIC UTILITIES: Any permittee hereunder
shall inform itself of the existence and location of all underground
utility facilities and shall protect the same against an,../ damage caused
by or during the work authorized by gaid.permit. The pormittee shall
be responsible for any 'damage done to any public or private property
by reason of such work and its bond shall be liable therefor.
SECTION 21. PROMPT COMPLETION OF TWORK STARTED: Any permittee here-
under shall pursue, with reasonable diligence, to completion, any
work started in accord with this section; failure to do so shall be
considered a violation of the provisions of this ordinance. All work
authorized hereunder shall be performed by said permittee in such a
manner as to produce a minimum of noise and dust. Immediately follow-
ing the completion of said work, that filling and resurfacing as pro-
vided'hereunder, the permittee shall clean up the area effected thereby
to the condition comparable to that existing prior to said work having
been commenced.,
SECTION 22. DISPLAY OR POSSESSION OF PERMIT: The original of the
Permit issued hereunder, or a reasonable copy thereof, shall be
prominently displaved at the site of anv excavation or tunnel made
hereunder or said permit or copy thereof shall be retained in the
personal possession of the person performing or supervising said work
and said permit or copy thereof shall be displayed upon request to
any member of the City Police Department or employee of the City Street
Department; provided, however, that any pubiia utility company holding
a master permit as provided in Section 16 of this ordinance, shall be
exempt from the Provisions of this section.
SECTION 23, PENALTIES: Any person, firm or corporation violating
any of the provisions of this ordinance shall be deemed guilty of an
offense against the city and upon conviction thereof shall be
punished as provided in Section fr1-9 of the Kalispell City Code. Each
day such violation is committed or permitted to continue) shall con-
stitute a separate offense and shall be punishable as such hereunder.
SECTION 24. REPEALING SECTION: Sections 24-11 and 24-12 and 24-13 of
the Kalispell City Code and all other ordinances, in whole or in part,
in conflict herewith are hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND
APPROVED BY THE MAYOR, this 7th day of June 1971. ,
I, George Beardslee, City Clerk of the City
on the loth day of June , 19
ordinance in my office, and the same remain
the foregoing is a true and correct copy of
City Council.
alfspell, M
posted a
sted for a
ordinance d
, do rtify that
of o foregoing
five days, and
ed by the
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