31 of 1944 - Amending Section 5705 of the Revised Ordinance 1944, relating to fees for street excavation " � r
Affleck I move that the ordinance be passed.
Matheson . . .
Romney .. �.
Tedesco
Mr. Chairman . .
AN ORDINANCE
Result
AN ORDINANCE AMENDING SECTION 5705 of the Revised
Ordinances of Salt Lake City, Utah, 1944, relating to streets.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. That Section 5705 of the Revised Ordinances
of Salt Lake City, Utah, 1944, relating to streets, be and the same
is hereby amended to read as follows:
"SEC. 5705. PERMITS, APPLICATIONS, BONDS, FEES. (A) No
permit for any street excavation shall be issued until written
application therefor has been made to the supervisor of streets
and irrigation, signed by the party making the excavation or
by the party at whose instance it is to be made; nor until the
applicant has filed with the supervisor of streets and irriga-
tion a bond of indemnity to the city, with sureties to be ap-
proved by the board of commissioners, conditioned that the per-
son making the excavation will erect and maintain about said ex-
cavation, and until the street is restored to its normal condi-
tion, sufficient guards, signals, barricades and lights, to pre-
3 1. vent accident, and will, as soon as may be after the completion'9 4
of said work, restore said street to the same condition in which
it existed prior to said excavation, and will remove rocks, dirt
and rubbish from the street, and will save the city harmless
from any and all claims, liabilities, demands or damages, for
any and all injuries to person or property arising in any manner
out of or by reason or any such excavation. Such bond shall be
in the sum of five thousand dollars, for excavations in all
streets; provided, however, that whenever paving, macadam, oil
mat or gravel rock is removed in the process of any street exca-
31
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vation, such paving or macadam, oil mat or gravel rock must
be replaced by the supervisor of streets and irrigation or
under his direction and to his satisfaction, and at the ex-
ppnse of the party making the excavation at the rates as set
out in paragraph (B) of this ordinance if the work is done by
the city; and,provided further, that any person operating in
or using any of the streets under a franchise, or any person
who in the pursuit of his regular calling, has frequent occa-
sion to open or make excavations in the public streets, shall
file a bond with corporate surety in the sum of ten thousand
dollars, conditioned as above, to cover all excavations, made
for a period of one year from the date or filing, but permits
for all excavations, except for the replacement of street rai -
way rails and ties in unpaved streets, must be applied for
and issued before it shall be lawful to make any such excava-
tions; provided further, that in excavating through asphalt
or cement, or beneath stone blocks, the excavation shall be c t
perpendicularly at the sides and ends from the surface, the
full length and width of all excavations to the necessary dep.h;
on top of the back-filling tnere shall be placed a base of
stone or concrete, as the case may be, uniform in constructio
and in depth with the base of said pavement, and on top there.f
shall be placed a sand joint one-half inch in thickness, and .he
balance of said excavation filled with cement mortar in the
proportion of one part cement to two parts sand, flush with tYe
??
pavement, all of such construction conforming in character of O.
materials and workmanship with the city+s specifications for
street paving, and in all cases, whether the excavation is ma.e
through asphalt or otherwise, in back-filling the material usod
for that purpose shall be thoroughly sprinkled and tamped, or
a sufficient quantity of water used to properly settle the ma
terial so used; and after completing an excavation and back-
filling, all dirt, rocks and rubbish shall be removed from the
street; provided, further, that failure on the part of any pe -
son to comply with any of the provisions of this chapter, shx
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be a sufficient reason for the supervisor of streets and irri
gation refusing a permit to excavate in the streets of this
city; provided further, that no excavation shall be permitted
to remain open in any street of the city for a longer period
than ten days. If any of the provisions of this ordinance are
violated the supervisor of streets and irrigation may fill an
such excavation or do anything else necessary or proper to re
pair said street at the expense of the person making the same.
(B) The supervisor of streets and irrigation shall chard:
and collect, upon issuing a permit ander Sections 5704 and 5705,
the following fees and charges, to-wit:
For excavating across or at any angle over any side-
walk or in any public street, alley way or
thoroughfare, permit Yee $2 08
Inspection and replacement, fee
4 0
Provided further, that in the case of public service cor
porations, the supervisor of streets and irrigation may, in
lieu of the fees provided for above, charge and collect, upon
issuing any permit, the following fees and charges, to-wit:
For excavating in any cement sidewalk, permit fee . $2.0
For each square foot or part thereof •2
For excavating in any paving or macadam street, 2 Of
permit fee 2 0f
For each square foot or part thereof
For excavating in any heavy oiled streets, permit fee2.0'
For each square foot or part thereof
For excavating in any dust-oiled streets, permit fee 2.08
For each square foot or part thereof
For excavating in any street, alley or public pro-
:A 2 O,
perty not classified above, permit fee
For inspecting work where there is no oil, as,halt,
macadam or cement paving, for each 100 linear
feet or portion thereof 2.00
Provided further, that in case the excavation is to be
made across or at an angle over any street, alley or thorough
fare hereinafter referred to and is to be made by the use of .
trenching machine or pull shovel)except in cases of public se,-
vice corporations in this section hereinbefore provided for,
the supervisor of streets and irrigatien shall, in lieu of ;.h=
fees provided for above, charge and collect upon issuing any
permit, the following fees and charges, to-wit: tit
For excavating in any public street, alleyway or
thoroughfare which has been, in whole or in part,
paved, oiled, macadamized, graveled, or otherwise
improved by the city, ardiess of whether such p ,
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excavation may or may not traverse the or any part of
the paved, oiled, macadamized or graveled or otherwise
improve&part of such street, alleyway or thoroughfare,
permit fee $2.0
For inspection, resurfacing and maintenance 30 01
No permit snail be issued where the excavation is to be
done by a machine other than a trenching machine or a pull
shovel and then only where the bucket on such machine or shovel
has a cutting width of not to exceed 30 inches. No such ma-
chine J% or shovel and no machine used in back-filling shall be
equipped with rqr use cleats, spikes or Q r protruding parts
coming in cont4ct, with e strit'ace hen such machine,
<•' shovel or ()the!, ac1`rine pis in and violation of this
4 provision shalt o;e ,% ffici�nt Sh4 revocation by the
is.E, �;t�
supervisor of tiriee .all rrig i of'/permit granted
fi hereunder. ij
„„.
Permits mast be e*BLbited fit' •excavation at all
times.
(C) The exaction and payment df any of the fees and
charges mentioned in paragraph (B) of this ordinance shall not
relieve the person granted a permit from his liability to the
city for any damage done to the street, alleyway or thorough-
fare or to any city property, arising from his operation in
pursuance of such permits other than providing and placing a
31- permanent street surface topping over the cut made in the sur-
face of the street, alleyway or thoroughfare in making such 3l
excavation.
SECTION 2. In the opinion of the Beard of Commissioners,
it is necessary to the peace, health and safety of the inhabitants
of Salt Lake City that this ordinance become effective immediately.
SECTION 3. This ordinance shall take effect upon its firs
publication.
Passed by the Board of Commissioners of Salt Lake Ci ,
Utah, this q t day of , A.D. v4.
g14ayor.
!?�� V,
-tie,
City Recorder.
lwnf of nbltrtt#tnn
*atied*rain at America
STATE OF UTAH Ss.
COUNTY OF SALT LAKE
M.CONNOR
• being first duly sworn, deposes and says, that he is the Principal Clerk
of the SALT LAKE TELEGRAM,a newspaper,published in Salt Lake City,
Salt Lake County,State of Utah.
That the Notice ....A,N..ORDINANCE.EILL_#3
of which a copy is hereto attached,was first published in said newspaper
in its issue dated the let
JULY 44
day of , 19 ,
and was published in each daily issue of said newspaper, on
JULY 1st for
thereafter, the full period of 1 TIME
the last publication thereof
being in the issue dated the Ist day of
JULY , A. D. 19 44
Subscribed and sworn to before me this 3RD day of
FAY , A. D. 19.44 \
J
� l Notary Push,
My commission expires Nov.25,1945
Advertising fee$
31
• nonce are Violated the supervisor Of
streets and Irrigation may fill any
such excavation or do anything 61ae
necessary or-proper to repair aa}d 'n n
street at the expense of the person
making the same,
(B) The supervisor of streets and
irrigation shall charge and collect,
upon Issuing a permit under Sections
5704 and 5705,the following fees and -
charges,to-w•lt,
For excavating.acrosa or at any '•'
angle over any sidewalk or •
n any public street, alley
AN ORDINANCE. mil way fee r thoroughfare, per-• 6 2.00
AN ORDINANCE AMENDING SEC- Inspection 4.00 ection and replacement,
an TION 3705 of the Revised Ordlnces
of Salt L Cilty,Utah, 1944,relating Provided further,that In the case •
to atreeisf. - of public service corporations, the
Be ttt•d,;'1...by the Board of Com- supervisor of streets and Irrigation
'mioslon.,,:-. --Lake City,Utah: may,In lieu of the fees provided for •
SECTI.` t Section 5705 of the above, charge and collect, upon is- '
,Revised ' of Salt Lake City, suing any permit,the following fees
.'Utah I,.' to street;, be and and charges, to-wit:
the am, -:1of amended to read For excavating in a e y cement
se fo110 aldewalk,permit fee $2i00
"SEC.. !PERMITS, APPLICA- Fore h square foot or part
TIONS, FEES. (A) No per- thereof
mit for .t excavation shall be For excavating in any.paving
Issued tl ten application there- or macadam street, permit
for has, -e to the aupeovisor fee 2.00
`of stile'Y.` 'W.'Mallon, signed by For each square foot or part _
the P .i i,, the excavation or thereof 1.00
by the, hose'instance it is For excavating In any heavy ,
to b,(10111 i tjl.the applicant oiled streets,permit fee 2.00
"'has filed L supervisor of For each square foot or part
st a itsy sy7I•, q i°py bond of In- thereof 50
'd mhtty , y1,r'fgl sureties to For excavating In any dust-
be atop , •ekppppp�[rd of coin- oiled streets,permit fee 2.00
misslon ned°that the per- For each square foot or part
'eon m , ..':Vatlbn will erect thereof .25
and •a '••gpldd-excavation For excavating 1n any street„
and un le r...toted to its alley or public'property not'
n mat 1• c guards, classified above permit fee. 2.00 -
ven le c' i 1 If'-f toapre- For inspecting work here
ant{x�d0 57'1•111 ,Y moo there 1s nooil, asphalt,
ma Ve .rt ld itad mid macadam or cement paving,
woryy11yy�YYee tli, for each 100 linear feet or
ontlll"b - ' _•t-a prior portion thereof 2,00
to sold remove Provided further,that In case the
racks F' rp , from the excavation is to be made across or
t e t a!4, ,' harmless at angle over any street alley or
•1r a') I liabilities, thoroughfare hereinafter referred to •
demand =f"r t.7'pany and all and is to be made by the use of a
thlanlea. nept operty'arising trenching machine or pull shovel,ex- '
In any m 'a'isr by reason of cent in cases of public service for-
any suns .Such bond shall potations In this section herelnbefore
b in .,t-'' 've thousand eol- provided for,the supervisor of streets
lore r', fo•'',,,,_•_,. na 1n all streets; and Irrigation shall, In lieu of the ,,
pro ided _'. , that whenever fees provided for above.. charge and
Paving, •it mat or gravel collect Upon issuing any permit,the
rock le the process of any following fees and charges,to-wit:
street ' such paving For excavating In any public
maoade ILL Met or gravel. rock street,which aY or thorough-
mU t b :C a supervisor of fats has been In
▪t to ,rr or under his whole or In part,paved,oiled,
dtrectl '•'!" to, s satisfaction,and macadamized, graveled, or
at the ex•'j-•:- the party making therwise Improved by the -
"lie.exeava/4,at the rates as set out city, regardless of whether
'In paragra• ,(B)of this ordinance If ' such excavation may or may
the work Is-'done by the city; and, not traverse the or any part -
previded Lather, that any person of the paved,oiled mahada- _
o
operating or using any f the mised rgraveled or ther-
treeta under a franchise,or any per- wise improved part of such :son who In the pursuit of his regu- street,alleyway or thorough-
lar willing,has frequent occasion to fare,permit fee 9 2,00
open Or make excavations In the pub- For inspection.resurfacing and
lit streets,shall file a bond with co- maintenance 30.00
porate surety in the sum of ten thou- No permit shall be issued where
Band dollars, conditioned as above, the excavation,is to be done by a
h otrodcover all excavations,made for chine other than a trenching ma- '_
period ofo one year from the data of chine ore pull shovel and then only
filing,but permits for all excavations, where the bucket on such machine
except for the replacement o1 street r shover has utting width ac not
street y most sad ied for unsaved to shovel 3a inches.No machine
machine
before,must be applied and issued or shovel and i ma equip used tra
before it shall excavations;be lap de mfue hey ortgofilling shall otheregh pr with
that excaatiprovidedasphalt
aller, or$p cleats,spikesI contacto wittrthe _
that in• cement,
excavating through asphalt ing alcott parts coming a witha the'-
th fexcava orshallbeneath stone blocks, street outface Mach such maotioe,'
the excavation aide and Cut endsfrom shovel a or other machine is In motion, ,-
thedic surface,r a,the oll length
froth bed a ficient a ofa0 this he a shell
tfeil-von the full ton the and width be by the r is for the reVOca-
df p ail- nav op of to the ch-filling ton by the supervisor of streets.and
�l e on top the back-filling irrigation of any permit granted here-
there
cretl be placed a base of atone under.
• concrete,co as the case may be, t- Permitsxca must be it times.
at piece
Iran set of sd and Ine depth of excavation at all ines.
"Witt the hoes of soldllpavement,and (C) The exaction and paymentioOf
on topo one-half
shall be placed a sand any a the fees end of tg mrdinance
Joint
balance�ofl said in and in paragraph ve) of this ordinance
Lion rton shall not f relieve the persontgranted
with cementpartmorttr s two proportion 0001. a permit nym-his'a liability to the
'-
of one thtcement m two partsof eared, city for alleyway
damage done.0 a 'the.,;:;
flush with the pavement,.allcharacter Hoch stre , city p oy or thi.in gfrom' is
ofnmaterion C tl workg an hi to any city property, ei from Per-
-
Of materiels antl workmanship street
withv- mit,operationoche In npursuancerovidi'of such png —,-
the,C ty'sand eIn all oasestions for aethsr pave a p rm.ent reetltlurf and placing y-a
excavation and to all ceech tugh as Lot a permanent street Suhecs topping
of
OrOtherWI le made through asphalt her the cut'made In the songs of^•
se ial used ee,
in back-filling the l be the street, alleyway a cora thoroughfare
thoai usey for that pardote spell be In king each excavation.
thoroughly sprinkled andoftamped,or SECTION Commissioners,2 the opt neon of the"' •
6 apesp sip settle t(e- water used Board of Ith-a it Is ty of arY
the
t0 pp'byatty ettle the-material so In the pp c hoop'.en sa{ety t the .)
0av5t1,etttl after totitp0 00. n z- ordinance
eve of ms L°`6ke CRy tIOt this
andr book-filling,_all dirt, te become 'eKletiv0,imm4dl. ,
racks and rubbish pn alt,be removed atety. ...
Prom the street; provided, further, SECTION 3. This ordinance shall,•,
that failure on the part of any per- take effect upon Its first publication,
eon to comply with any of tli0 pro- Passed by the Beard of Utah, misefon-
vlffiofs of this hfor ,],`shall'be a ors of Salt Lake City,Utah,this 29th
sufficient reason for the superr day of June,A.D.1944.
Of streets and Irrigation refusing
a EARL J:GLADE. .--
permit,to excavate in the streets of Mayor.
tole mclty;provided,further,that no IRMA F. ,
excavation shall be permitted to re- City Recorder
math open In any street of the city (SEAL) Sit
Mr a longer period than ten days. BILL NO.31.
If any of the provleloas of this omit- Published July 1st,ISM.
PROOF OF PUBLICATION
FROM
Mle OttIt Ear ZeIrgraut
/-/
County
Entry No