65 of 1980 - Amending chapter 5 of title 41 relating to working in public ways, increasing stret cuts and enginee ORDINANCEif
AN ORDINANCE AMENDING Chapter 5 of Title 41 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to working in
public ways; Section 41-6-8 of said ordinances, relating to house
number certificates; and REPEALING Sections 38-1-6 and 38-1-7 of
City Ordinances, relating to sidewalk permit fees.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 5 of Title 41 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to working in
public ways, be, and the same hereby is amended as follows:
Sec. 41-5-1. Definitions. As used in this chapter:
(1) "Applicant" means any person who makes application
for a permit.
(2) "City" means Salt Lake City, a municipal corporation
of the state.
(3) "Emergency" means any unforeseen circumstance or
occurrence, the existence of which constitutes a clear and
immediate danger to persons or property, or which causes
interruption of utility services.
(4) "Engineer" means the City Engineer, or his
authorized representative.
(5) "Engineering regulations", "construction
specifications", and "design standards" mean the engineering
regulations, construction specifications and design
standards of the City Engineer.
(6) "Obstruction" means any rubbish, glass, material,
wood, ashes, tacks, metal, earth, stone, structure, or other
object, thing or substance of which may interfere with or
obstruct the free use or view of the public way by
travelers, or injure or tend to injure or destroy or render
unsightly the surface of a public way, or which may cause or
tend to cause such public way to become, restricted in its
traffic uses or unsafe or dangerous for travelers thereon.
(7) "Permittee" means any person who has been issued a
permit and has agreed to fulfill the requirements of this
chapter.
(8) "Person" means and includes any natural person,
partnerhsip, firm, association, public utility company,
corporation, company, organization, or entity of any kind.
(9) "Public utility company" means, for the purposes of
this chapter only, any company subject to the jurisdiction
of the Utah State Public Utilities Commission, or any mutual
nonprofit corporation providing gas, electricity, water,
telephone, or other utility product or services for use by
the general public.
(10) "Public way" means and includes all public rights-
of-way and easements, public footpaths, walkways and
sidewalks, public streets, public roads, public highways,
public alleys, and public drainageways. It does not,
however, include utility easements not within public ways of
the city as otherwise defined in this chapter.
(11) "Work site restoration" means and includes the
restoring of the original ground or paved surface to the
same (or better) condition than the condition which existed
before construction commenced, and includes but is not
limited to repair, cleanup, backfillina, compaction and
stabilization, paving and other work necessary to place the
site in acceptable condition following the conclusion of the
work. The engineer may require persons working in public
ways constructed or resurfaced within two years of said
work, to employ extraordinary measures in restoring said
public way such as applying seal coat or other surface
treatment to maintain the overall integrity of the surface.
Sec. 41-5-2. Permit conformity reaulations required. It
is unlawful for any person to make, construct, reconstruct,
or alter any opening, excavation, tunnel, sidewalk, curb,
gutter, driveway, street, or to perform any other work of
any kind within the public way which will result in physical
alteration thereof, unless such person shall first have
obtained a permit for the performance of such work, and
unless such work shall be performed in conformity with the
terms and provisions of this chapter and of the permit or
permits issued hereunder, except as hereinafter specifically
provided.
Sec. 41-5-3. Applications for permits. Each and every
person desiring to perform any work of any kind described in
Section 41-5-2, subject to regulation by this chapter, in a
public way within this city shall make application for a
permit. Such application shall he filed with the engineer
on a form or forms to be furnished by the engineer. When
necessary in the judgment of the engineer to fully determine
the relationship of the work proposed, to existing or
proposed facilities within the public ways, or to determine
whether the work proposed complies with the engineering
regulations, construction specifications and design
standards, the engineer may require the filing of
engineering plans, specifications and sketches showing the
proposed work in sufficient detail to permit determination
of such relationship or compliance, or both, and the
application shall be deemed suspended until such plans and
sketches are filed.
Sec. 41-5-4. Commencement of work approval or
disapproval of application.
(a) It shall be unlawful for any person to commence
work upon the public way until the engineer has approved
the application and until a permit has been issued for
such work, except as specifically provided to the
contrary in this chapter.
(b) A permit shall be issued on approval of an
application by the engineer.
(c) The disapproval of an applicaiton by the engineer
may be appealed by the applicant to the director of
Public Works by the filing of a written notice of appeal
within ten days of the action of the engineer. The
director of Public Works shall hear such appeal, if
written request therefor be timely filed, as soon as
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practicable, and render his decision within a reasonable
time following notice of such appeal.
(d) In approving or disapproving work within the
public way; or permits therefor; in the inspection of
such work; in reviewing plans, sketches or
specifications; and generally in the exercise of the
authority conferred upon him by this chapter, the
engineer shall act in such manner as to preserve and
protect the public way and the use thereof, hut shall
have no authority to govern the actions or inaction of
permittees and applicants or other persons which have no
relationship to the use, preservation or protection of
the public way or the use thereof.
Sec. 41-5-5. Eligibility. No person shall be eligible
to apply for or receive permits to do work within the public
ways of the city, save and except the following: 1)
contractors licensed by the state as general contractors; 2)
public utility companies; or 3) property owners performing
less than 500 square feet or 100 linear feet of sidewalk,
curb and gutter, or driveway approach work upon a portion of
the public way adjacent to their residence. However, it
shall be lawful for a city or state employee to perform
routine maintenance work, not involving excavations, without
first having obtained a permit therefore.
Sec. 41-5-6. Review and Inspection Fees. The Engineer
shall charge, and the City Treasurer shall collect, upon
issuing a permit, the following fees, for review of the
application and site inspection of the work:
(1) Excavation - $0.10 per square foot ($50.00
minimum charge);
(2) Sidewalk, Curb and Gutter, and/or Driveway
Approaches - $1.00 per linear foot, ($50.00 minimum
charge);
(3) Storm Sewers - 51.00 per lineal foot (550.00
minimum charge) in addition to excavation fees; and
(4) Poles and Anchors - 55.00 each pole or anchor,
($25.00 minimum charge).
Sec. 41-5-7. Restoration fees. In the event a cut or
excavation exceeds 100 feet in length or 300 square feet in
area, the restoration of the surface shall he accomplished
by the permittee. Any cut or excavation smaller than the
above-mentioned size may be restored by the City, at the
option of the engineer, and the following fees shall he
required in addition to permit fees specified under Section
41-5-6:
Asphalt Restoration - $2.00 per square foot for local
streets; $4.00 per square foot for major and collector
streets; (5200.00 minimum charge for any restoration).
Concrete Repair - Base $3.00 per square foot; sidewalk
$2.50 per square foot; curb and gutter $4.50 per square foot
($150.00 minimum charge for any restoration).
In the event that the actual cost of restoration by the
City exceeds the amount paid by the permittee, by more than
twenty-five dollars, the permittee shall be liable for the
difference between such actual costs and the amount paid by
him, which shall be billed to the permittee by the City at
the conclusion of the work, or from time to time as the work
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proceeds; and in the event of nonpayment of all or part
thereof, after thirty days, the balance due may be collected
by legal action. In the event of nonpayment, the permittee
shall not be entitled to receive further permits from the
City, or to perform further work within the City's public
ways.
Sec. 41-5-8. Additional charges. Additional charges to
cover the reasonable cost and expenses of any required
engineering review, inspection, and work site restoration
associated with each undertaking may be charged by the City
to each permittee, in addition to the permit fee.
Sec. 41-5-9. Permit duration and limits. Each permit
application shall state the starting date and estimated
completion date. Work shall commence within 60 days of
issuance unless extended by the engineer for good cause
shown. The engineer shall be notified by the permittee of
commencement within 24 hours prior to commencing work. The
permit shall be valid for the time period specified. If the
work is not completed during such period, the permittee may
apply to the engineer for an additional permit or an
extension, which may be granted by the engineer if the
engineer finds that work under the original permit, or as
extended, has not been satisfactorily performed.
Sec. 41-5-10. Assignment of permits. Permits shall not
be transferable or assignable, and work shall not be
performed under a permit in any place other than that
specified in the permit. Nothing herein contained shall
prevent a permittee from subcontracting the work to be
performed under a permit; provided, however, that the holder
of the permit shall be and remain responsible for the
performance of the work under the permit, and for all
bonding, insurance and other requirements of this chapter
and under said permit.
Sec. 41-5-11. Compliance with engineering regulations,
design standards, construction specification'and traffic
control regulations. All work performed in the public way
shall in all respects conform to the requirements of the
engineering regulations, design standards, construction
specifications and traffic control regulations of the City,
a copy of which shall be kept on file in the office of the
engineer and shall be open to public inspection during
office hours.
Sec. 41-5-12. Maintenance of Traffic Barricades. It
shall be unlawful for any person maliciously or wantonly or
without authorization and legal cause to extinguish, remove
or diminish any light illuminating any barricade or
. excavation or to tear down or remove any rail, fence or
barricade protecting any excavation.
Sec. 41-5-13. Emergency work. Any person maintaining
pipes, lines or facilities in the public way may proceed
with work upon existing facilities without a permit when
emergency circumstances demand the work to be done
immediately; provided a permit could not reasonably and
practicably have been obtained beforehand.
Any person commencing emergency work in the public way
without a permit shall immediately thereafter apply for a
permit or give notice on the first regular business day on
which city offices are open for business after such work is
commenced, and a permit may be issued which shall he
retroactive to the date when the work has hegun, in the
discretion of the engineer.
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In the event that emergency work is commenced on or
within any public way of the City, the engineer shall be
notified within one-half hour from the time the work is
commenced. The person commencing and conducting such work
shall take all necessary safety precautions for the
protection of the public and the direction and control of
traffic.
Sec. 41-5-14. Suspension or revocation of permits and
stop orders. Any permit may he revoked or suspended by the
engineer, after notice to the permittee for:
(1) Violation of any condition of the permit, the
bond, or of any provision of this chapter;
(2) Violation of any provision of any other ordinance
of the city or law relating to the work;
(3) Existance of any condition or the doing of any
act which does constitute, may constitute or cause a
condition endangering life or property.
A suspension or revocation by the engineer, and a stop
order, shall take effect immediately upon entry thereof by
the engineer and notice to the person performing the work in
the public way.
A stop order may be issued by the engineer directed to
any person or persons doing or causing any work to be done
in the public way without a permit, or in violation of any
provision or provisions of this chapter, or whenever the
engineer shall suspend or revoke a permit.
Any suspension or revocation or stop order by the
engineer may be appealed by the permittee to the director of
public works by filing a written notice of appeal within ten
days of the action of the engineer. The director of public
works shall hear such appeal, if written request therefor he
timely filed, as soon as practicable, and render his
decision within a reasonable time following filing of notice
of appeal.
Sec. 41-5-15. State highway permits. Holders of permits
for work on state highways within the city limits, issued by
the Department of Transportation of the State of Utah, shall
not be required to obtain permits from the City under the
provisions of this chapter. Any city permit shall not be
construed to permit or allow work in a state highway within
the city without a state permit.
The engineer shall have the right and authority to
regulate work under such permits with respect to hours and
days of work, and measures required to be taken by the
permittee for the protection of traffic and safety of
persons and property.
Sec. 41-5-16. Bond. Each applicant, before being issued
a permit, shall provide the City with an acceptable
corporate surety bond of ten thousand dollars to guarantee
faithful performance of the work authorised by a permit
granted pursuant to this chapter. The amount of the bond
required may be increased or decreased in the discretion of
the engineer whenever it appears that the amount and cost of
the work to be performed, and not satisfactorily completed,
may vary from the amount of bond otherwise required under
this chapter.
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Public utilities franchised by the City and property
owners performing work adjacent to their residences, shall
not he required to file a corporate surety bond provided
said companies or persons agree to he fully bound by the
conditions set forth in Section 41-5-17 hereof.
Sec. 41-5-17. Conditions of Bond. The bond required by
the preceding section shall be conditioned that the person
making the excavation shall:
(1) Fully comply with the requirements of the City
ordinances and the regulations, specifications and
standards promulgated by the City relative to work in the
public way, and respond to the City in damages for
failure to conform therewith.
(2) After an excavation is commenced, the permittee
shall prosecute with diligence and expedition all
excavation work covered by the excavation permit and
shall promptly complete such work and restore the public
way to its original condition, or as near as may be, so
as not to obstruct the public place or travel thereon
more than is reasonably necessary.
(3) Guarantee the worksite restoration for a period
of two years from completion of said restoration,
reasonable wear and tear excepted.
Sec. 41-5-18. Default in performance. Whenever the
engineer finds that a default has occurred in the
performance of any term or condition of the permit, written
notice thereof shall he given to the principal and to the
surety on the bond, if there is a surety bond. Such notice
shall state the work to be done, the estimated cost thereof,
and the period of time deemed by the engineer to be
reasonably necessary for the completion of the work.
Sec. 41-5-19. Completion of work. In the event that the
surety (or principal), within a reasonable time following
the giving of such notice, (taking into consideration the
extingencies of the situation, the nature of the work, and
the requirements of public safety and for the protection of
persons and property), fails either to commence and cause
the required work to be performed with due diligence, or to
indemnify the City for the cost of doing the work, as set
forth in the notice, the City may perform the work, at the
discretion of the engineer, with City forces or contract
forces or both, and suit may he commenced by the City
Attorney against the contractor and bonding company and such
other persons as may be liable, to recover the entire amount
due to the City on account thereof. in the event that cash
has been deposited, the costs of performing the work may be
charged against the amount deposited, and suit brought for
the balance due, if any.
Sec. 41-5-20. Comprehensive Liability Insurance
Required. Before an excavation permit, as herein provided,
is issued, the applicant shall furnish to the City a
certificate of insurance in a company authorized to issue
insurance by the State of Utah, evidencing that such
applicant has a comprehensive general liability and property
damage policy that includes contractual liability coverage
with minimum limits of One Hundred Thousand Dollars
($100,000) for injuries, including accidental death to any
one person; in an amount not less than Three Hundred
Thousand Dollars ($300,000) on account of injuries sustained
in any one accident; and property damage insurance in an
amount not less than Fifty Thousand Dollars ($50,000) for
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each accident. Said insurance policies shall include the
following provisions:
(a) To indemnify, save harmless and defend Salt Lake
City and its officers and employees against any claim or
loss, damage or expense sustained on account of damages
to persons or property occurring by reason of an
excavation made by the permittee, his subcontractor or
agent, whether or not the excavation has been filled or
resurfaced and whether or not the surface has been opened
to public travel.
(b) To indemnify, save harmless and defend the City
from any and all liability for the City's own negligence
occurring by reason of said opening or excavation. This
indemnification agreement covering the City's liability
for its own negligence shall not apply to injuries or
damages sustained while City employees are present at the
excavation pouring cement or asphalt therein.
(c) To indemnify, hold harmless and defend the City,
and its officers and employees against any claim or loss,
damage or expense sustained on account of damages
occurring by reason of failure to maintain proper
barricades and/or lights as required from the time of the
opening of the excavation until the excavation is
surfaced and opened for travel.
(d) Naming the City as an additional insured and
providing that 30 day's notice shall be given to the City
prior to termination of said policy, for any reason.
Prior to cancellation of insurance, the permittee shall
forthwith close the excavation and complete all worksite
restoration work.
A public utility company or property owner performing
work adjacent to his/her residence may be relieved of the
obligation of submitting certificates of insurance if such
person or company shall submit satisfactory evidence in
advance that it is insured, or has adequate assets and
provisions for self-insurance. Public utilities may submit
annually evidence of insurance coverage in lieu of
individual submissions for each permit.
Sec. 41-5-21. Hold harmless. The permittee agrees to
save the City, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may
accrue or he claimed to accrue by reason of any work
performed under said permit. The acceptance of any permit
under this chapter shall constitute such an agreement by the
permittee whether the same is expressed or not.
Sec. 41-5-22. Liability of City. This chapter shall not
be construed as imposing upon the City or any official or
employee any liability or responsibility for damages to any
person injured by or by reason of the performance of any
work within the public way, or under a permit issued
pursuant to this chapter; nor shall the City or any official
or employee thereof be deemed to have assumed any such
liability or responsibility by reason of inspections
authorized hereunder, the issuance of any permit or the
approval of any work.
Sec. 41-5-23. Obstructions Prohibited. It shall be
unlawful for any person to place, cast, deposit, permit,
erect, or suffer to remain in or upon any public way in Salt
Lake City any obstruction as herein defined, without
obtaining from the Engineer of Salt Lake City permission so
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to do, and then only in strict accordance with the terms and
conditions of these ordinances and of the express permission
granted.
SECTION 2. That Section 41-6-8 of City ordinances, relating
to house number certificates, be amended to read as follows:
Sec. 41-6-8. House number certificate. Fee. Upon
application being made to the Public Works Director, he
shall issue a certificate giving the correct street number
for said house or building, for which he shall charge and
receive the sum of 85.00.
SECTION 3. That Sections 38-1-6 and 38-1-7 of City
ordinances be, and the same hereby are, repealed.
SECITON 4. This ordinance shall take effect upon July 1,
1980.
Passed by the City Council of Salt Lake City, Utah
this 24th day of June , 1980.
CHAIRMAN d
ATTEST:
x47/• 7a,
CITY RECORDER
Transmitted to Mayor on June24, 1980
Mayor's Action:
MAYOR
ATTEST:
A 7 At-
)10,4d,,,
CITY RECORDER
(SEAL)
BILL NO. 65 of 1980
Published July 8, 1980
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ADM-i5a
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
- -- - - - Shane D. Conaty
•
ORDINANCE
AN ORDINANCE AMENDING Chapter},5 of Title 41 at the
Revisedr Ord in publics ways;f Salt tionke C41-6-Utah,
o of a965,idd relating
to
elating to house numer certificates:and REPEALING Sec-
tion 38-1.e and 08-1-1 of City Ordinances.relating to sidewalk' Being first duly sworn,deposes and says that he is legal
it tee:
permit advertising clerk of the DESERET NEWS, a daily
SECTION Salt Lake City,Utater h,1 Titleof 5, elatinlg to working
Ordl
punhc ways,be.and the same hereby is amended as follows:' . (except Sunday) newspaper printed in the English
Sec.4L5.1 Definitions.As used In this chaps: language with general circulation in Utah, and
ationnor i ee rc 1--meansam person who makes a°pb- ' published in Salt Lake City, Salt Lake County, in the
lion(2)of me slzremeans Salt Lake CITY,a municipal corpora-
(3) "Emergency, Unforeseen State of Utah.
stance or occurrence,the mexisl:cev of which constitute circuit,.
clear and immediate danger to persons o properly,or 1
wni�hcaEngineer"interruption Engineer, That the legal notice of which a copy is attached hereto
rized repressentative means Ihp City Ennir�`er,or his aulho g
(5)"Engineering regulations","construction specifi-
cations",and"design standards"mean the engineering
e of the
construction specifications and yung stan-
dards Pub notice to amend an ordinance relating to
regulations."Obstruction"tru tion" r. 9
(6) Ob, ckmeans t y rubbish,alas,material,
eel ashes,tacks,metal,earth,stone,structure,or other
Wee,thing or substances of which may interfere wooli is l-
I ens,or me free use or view of the destroy
way ender n- sidewalk permit fees
Or su r tend to c way,
y,"r chic render on-
; t these such publicof a public toy, r me,r may cause Its
traff c ses or such adway to become,Mr travelers
srestricted in Its
trafficses roan ans am person Vehor thereonhaben Is-
tued a permit and has agreed to lultill the requirements of
his chapter.
(A)"Person"means and includes any natural person,
partnership, firm, association, public utility ration,company,organization,or entity of any k company,
carpe(91"Public utility company" for the purposes
of this chapter only,any companysullied to the iurisdic-
oe the Utah State Pudic Utilties Commission,or any
mutual profit c rkx,providing gas,olecrriclty,
water,telephone,orrether utility product or services for
use by the general public.
nth Oe auc way" a n Includes aakFwayyys was ublished in said newspaperon July 8, 1980
and sidewalks,and
streets,public
blicf footpaths,
publickhigh. P
• public alleys.and public drainagev s.It does not,
however,include utility easements not within public ways
of the city as otherwise defined in this chapter.
(ill"Work site restoration"means and Includes the
restoring of the original ground or Paved surface to the r _
sane(or better)condition than the condition which exist r-� y \ �J—-
etl before construction commenced and includes but is not - �: . .( v ) .iri�'-v\-7�..X-- -_
limited to repair,cleanup,backfIlling,compaction,and " ' "�-^�"\" "'�- %"' ^"�-
tr biite in a paving l and Lion work n dry to old<f Legal Advertising Clerk
he site i,acceptable condition following the conclusionIn
the work.The constructed
may requireura persons working In ------ -
sadre work,to emeten pxtraordlunart resurfaced
measturin es inarestoring
id public w such as applying seal dal or other s
said
treatment to maintain,he overall integrity of the
surface. ire me this 10.th ay of
Sec.41-5-2.Permit conformity regulations required.If
is unlawful for env person to make,construct,reconstruct,
alter any opening,excavation,tunnel,sidewalk,curb,
or
any
driveway, beet,a to perform'm other k of A.D. 19 80
ny kind within Me public way which will result In physi-
cal Iteration thereof, less such person shall first have
obtained a permit for the perormance of such work,and
less such irk hall beperformedn in and
conformity1thy with I /
the termsand shall
of e chanter and of,he permit l
or permits issued hereunder,exc.,as hereinafter speed'-
call •
d 3.AUMkatlons for permits.each and e 4 � / ,
• desk Ina 1 perform any work of any kind escribed I
• In Seca 41 5-z subject to regulation by this chapter,in ��a ' / • ( 'v
Public withinthe city shah make annticaflou fora • Notary Public
oon neapplication a form or forms tohe furni with
engineer the shed he the ngineer.We n
e• s thv
in the lodgement of the engineer to lolly deter- I' '
mine the at the work proposed,to existing or
ed facilities within the politic ways,or to determine
whether the work proposed complies with the englneerhsg
regulations,c nstrunion seeciticehons and design stem /
dards,the engineer may require the Minn of emineer ill
specifications and sketches showing the proposed
work In sufficient detail to permit determination of such
relationship or compliance, both,and the application
shall be deemed suspended until such plans and sketches (I I Excavation-50.10 per square tool'sown minimum
are filed. charge),
Sec.41-54.Commencement of work approval or dlsap- (2) Sidewalk, Curb and q Gutter, and/Or minimum,
proud'of ation. Pia charneclies-51.00 per linear foot, (450.00 minimum,
(a)it shall be unlawful for are person to commence charge),
work upon e public way until the engineer has approved (3)Storm Sewers-21.0 o 0 per lineal loot(350. minimum
11e the
application and until a permit has been issued for such charge)in addition to excavation fees:and
work,a ept as specifically provided to the contrary in (4) Poles and Anchors.55.00 each pole or anchor,
this chanter. (325.0 minimum charge).
Oh)A permit shall be Issued on approval of an anti- Sec. 41 exceeds
Restoration fees. In the a env a cut or
cation by the engineer. vation exceeds 100 feet in length or 300 square feet in
ah(c)The disapproval of an application re the engineer area the restoration of the surface shall be accomplished
Worbe appealed b✓the applicant to Ile director of Public bz the rsfi00 ee.Any cut or excavation smaller than the
ks by the filing of a written lance of appeal within ten Lion 0)above-mentioned sizey be restored by the City,at the
days of the action of the engineer.The director of Public option of the engineer,and the following fees shall be
Works shall hear such appeal,If written request thereforerequired in additon to permittees specified under Section
be timely filed,asas ra intro e,and ender his 5e:
decision within a reasonable lime following notice of such Asphah Restoration-52.00 per square foot for local
1 an 152 s streets, 340 per squat foot for any
and collector
(tl) In a r poem Ni disapproving work within theh streets:(320.00 minimumecharee fee any restoration).
wok.ISbny n review'a plans,sketches or1Bpecificatioi�and 32.50 per Snu rte ite toot Blue antl gutter r 34.50 peuare r sqare sidewalk000
generally in the x¢ ise of the authority conferred upon (S150.0 ii minimrn rho roe for any restoration).
him he this chapter,the engineer shall Octact In such manner hi lie v.•1 that the actual cost of restoration by the
as to preserve and protect the public w and the use City exceeds the mount aid Iymthe p mitlne,by more
or Inac,hut shallep have s and
applicants
m it e govern Iris rsorK than twenlr-five rtollar,the rx. iUec shall be liable for
achav d per relationship
and ophec or ere to
which ion o nopublic Watt totthe use,preservation der
pntSec 4-5 5. publ way N the use thereof.
r
Sec.4 receive Eligibility.petens person shallw be fir eligible to
ways or itypetars to do work within me public
of the city,saveand except the hollowing' 11 c
tractors licensed prs state z rat cnersapertu•Pl
Public e.uthen companies'or e 3)00 lin o rf idewalk,
g leas than SO,or square Iowa or 100 linear feet of sidewalk,
lion and gutter,w driveway a oech residence.
u
Pion of the hepublic way en a cif to ttslat remeboye to• it shall he lawful for a city ,state vowing¢to per-
form routine maintenance ausila work,not involving re a
•
lions,,without first Rhewnddntixxlapn Fe therefore
Tilngine
Set.. l ode Review and Inspection Fhal Tile Engineer
shall issuing arpe,and tie CioY ngp leTreasUrerf;hall collect,u
ylcaln anddrsite Insipectionn of theework r review of Menary
'I
n. flit° 1 n i li.,re,li kl11 I' amount
d by 1 1 hat it I f h P d`a the I
City at the r l titg Ym4„ tri,m time to 1 as
the work a :-d. ..I_ rant a1 o r cot ofebll
part fM.•r�•.ul,,itei Butt iv axes,Ihh baton,die may be
collected by legal aximii.In the°veil of nonpayment,the
fni flee shall not ire entitled to receivefurther permits
rom the City,or to perform further wok within the City's
I public way s
Sea'. -5-a.Adflitatal charges_Additional charges to
j cover the reasonable ,r and c nse. et:any required
engineering review,,Inspection,and worksite restoration
iatd with each undertaking Y be charged by the
City to nactr permlltam,in addition to tore permit fee Sec. efore0.Comprehensive ve Liability Insurance Re-
Sec al 59.Permit duration and Ilmds.Each permit fruited Before an excavation permit.a.herein provided,
application 'hull fate inn starring date and days
A is issued,here applican hall furnish to theCity a cerfifi-
completion dale.Work hall commence within 60 days of rate of Insurance in a tampany authorized to ssue nsur-
issuance nless extended by the engineer for good a ance by the State of Utah,evidencing that such applicant
shown.The alrlernr shall he notified by the commencing
of i has a comprehensive general liabitua and property dam•
e n elf Within 24 hour: prior to cams encing age polcy hat includes contractual liabilitycoverage
1 k.The permit shall he valid tor thelime period sped M minimum limits of One Hundred Thousan lars
lied.It the work is eel come..aengineer
during an period,the ( ep00)for i including accidental death to n
mitre°may apply to the engineer lot additional one person; Inca Des.rat not less than Three Hundred
permit or an extension,which m,ry be granted by the engi- ousa d Dollard(5ci0,000)on unt of i -
if the engineer finds that 'k under the original }dined in an one 'dent;and properly damage
silt
neemil,o as extended,has not beensatisfactorily per. an:wry taaanoit less an Fifty Thousand Dollars
fo anode ($50,0001 r each accident.Said insurance policies shall
her 41-5-10.Assignment of permits.Permits shall not include the following provisions,
be transiereble or assignable and work shall not be per. (a)To indemnity, a baroness and defend Salt Lake
for mail under a permit in.any plate other than that a ere City and its officers and employeesagainst any claim or
lied In the permit. h,00ne herein cootained shall veil loss,damage or expense sustained on account of damages
aepermmee from subcontracting the work to he performed to persons or property occurring by reason fan auent-
ti ter a mil;provided however,that the holder of the tion made by the.rmlfle,,his subcontractor oragent,
permit.hall he and lrein in r•.icaible ter the tor- whetherof the excavation has been tilled or re -
e of thework other under the p,rmitoand 15 n all ending, laced and orhether or notthe surface has been opened to
underinsurance d t er and
public(b)To indemnify,save harmless and defend the City
her 1 511 Compliance with i l from any d all atolfy for the City's own negligence
designss d A construction pe T f and traffic occurringopening or vcaoetlon.This
control regulations All work performed in the public way i deo eat on agreeamehtlaovering the City's liability for
shall in ill respects conform in the h-,cents of the its own negligence shall not apply to rnluries at'damages
ec .ring nr,n latlons, design standards, construction sustained while City empoyees are present at the excava-
llications and traffic control reuulatlons o e City,a Iron pouring cement or asphalt therein.
opy of which shall be keel on file in the office of the Cr.- (c)To indemnify,hold harmless and defend the City,
neer and doll be oxen to public inspection during office and its officers and employees agai nst a claim or loss,
hours. damage expense stained on account of damages nc-
Soc 41.5-la Mainten.ce of Traffic Barricades. It lure by reason of failure to maintain proper barricades
shall f>c unlawhu for any person reallcl005io or wantonly and/or lights as required from the time of the ooening of
or Without authorization mid legal cause to extinguish, Me excavator until the excavation is surfaced and opened
r diminish any linhf illuminating army barricade for travel orexca or
or to tear down or remove any rail.fence or (d) Naming Me City as additional insuredand
bar excavation
protecting any excavation. oviding Mat 50 day's notice shall be given to the ly
Sec.41-5-13.Emoryenin work.Anv person mat r-or to termination of said policy,for anyi reason Prior to
tailing pipes,lines or facilities in the public way may cancellation of insurance,the Permittee shall forthwith
d with work up xisfing facilities without a per- lose Me excavat d complete all worksite restoration
mild when emergency circumstances demand the work to work.
be
ane practicablyimmediately,
ditelyhive wided a obtaermit ined beforld not ehandreason- w p bate utility company gee mYao perform- i
Any mend obtained
work the b- - k dlecenl to ishrresidence -y owner
of
tic w without am hermitgshrall emergency
thereafter the obligation per submitting certificates }insurance i.
h person pane Snell submit satisfactory ae
nssva y a which h cr gl of cesae on ten firm regular ss after dunce in advance that ii Is Insured.ar has adequate assets
r day qn lnt city offices re Oren for business after and provisions for Ihinsuraoce. Public utilities may
such work iscommenced,ed,and a permit may be issuedsubmit annually evidence of insurance coverage in lieu of
-hich shall e retroactive to the dale when the work has ividual submissions for each permit.
begun,in the discretion of the engineer- Sec 1-5.21.Hold harmless.The p mltfee agrees to
In the event that emergency work is commenced on orsave the City,its officers,employees and agents harmless
within a Public f the City,the engineer shall be rom any and all costs,damages and liabilities which may
notified any
one-half of
from the time the workaccrue be claimed to accrue by reason of a work
within
The commencing and conducting such ust oes id ail. The 8eptancso of a a
commenced.
shall fake all necessary
cry safely precautions for the permit Liar this said
shall constitute such a agree-protection
tffi of the public and the Aleclion and control of meet by the parmittee whether the same is exmes tl Or
traffic. not. n
Sec.orders.
An.Suspension o revocation of permits d Sec. a R i Liability of City.This chapter snail not be
stop orders.Any rino Il to be revoked or suspended by employee
a m upon the City an official
the engineer,Violationola after 01 ante sotdeperot the for. oven am fined imposing
r responsibility for damages to
fillprovision
of any condition of the permit,Inc bond, any p person inlureh by or by reason of the performance of
or of any Provision of this provision
chapter: any work within the public way,or under a permit issued
(2)Violation of any provision of any other ordinance pursuant to this chapter no shall the City or any official
of the city or law relating to the work; pre IOvee thereof be deeme to have assumed any such
(Jl Existence of any condition toro the doing of any act or
or responsibility by reason of inspections Actao-
which does constitute,may constitute or cause a condition sized hereunder,Me issuance of any permit or the approv-
endangering
d A s suspension sion or life or revoocation by the engin.r,and a stop a{of any
41-5 23.Obstructions Prohibited.It shall be uniew. i
order,shall take effect immediately u entry thereof by lul for any person to place,cast,deposit,permit,erect,or
the engineer and notice to the person performing the work suffer to r 'ate in upon an public w Salt Lake
in the public wayc ity Y asbstructionoherein dened,without obtaining
A stop order may be Issued by the engineer directed to Iron,the Enslneer of alt Lake City permission so to do
or persons dot ml o using anyk to he and then only in strict accordance with the terms and
donein nubile way without permit,or inviolation of conditions I these ordinances and of the express eermis.
Isleti vision provisions of thiisrchaplet-,or whenever son SECTION 2.That Section 41-68 f City ordinances,
engineer shall suspend or revoke arpermit.
Any suspension or revocation o tar r'tlnr by the el ting to house number certificates,to amended to read
engineer may he appealed by the permit,.tothe director as follows:
f pub works by filing a written notice of appeal within Sec 41-a-8.House umber certificate Fee.Upon apple-
tlic en days of the action of the engineer.The director of pub" cation being number
made o he Public Works Director,,he shall
Inc works snail hear such an teal,if written renuest there- a ce tificate givi g the eat street nu ber for
foe be timely hied,as so practicable,and render his said house or building,for which the shall charge and re
decision within a reasonable atime following filing of notice the sum of 55.00.
of appeal SECTION 3.That Sections 38-1-6 and 38-1.7 of City ordi'
Sec.AI-5-15.State highway permits.Holders of permits nun be,and the same hereby are,repeald
for work ou state highways within the city limits,id SECTION 4.This ordinance shall lake effect upon July 1,
by the Department of Translmltaeion of the State of Utah, tote
shall not be required to obtain permits horn the City under Passed by the City Council of Salt Lake City.Utah this
Inc provisions of this chapter.Any city permit shall not he 24th day of June,1980.
o trued to permit or allow Work In a state highway with- RONALD J.WHITEHEAD
in the city without a stale permit. CHAIRMAN
The engineer shall have the right and authority to ATTEST:
regulate work under such permits with respect to hours d days of work.and measures required to be taken by MiLDREDV HIGI{AM
and
er ad
for tr protection of traffic and safety of CITY RECORDER
persons and nmeerty Transmitted to Mayor on June,24,1980
Sec.41-5-16.Bond Each applicant,before being issued Mars Action:
a permit,shall provide the City with an acceptable corps- TED L.W ALSON
ate ,11,build 9f ten thousand dollars t0 guarantee MAYOR
faithful performance I the work thorizd bV permit ATTEST:
ranted pursuant to this chapter.lie amount of the bond I
eel may be increased or decreased the discretion MILDRED V.HIGHAM
of the engineer whenever it appears that the amount and CITY RECORDER
cost of the work to be performed,and not satisfactorily
completed,may vary front the amount of bond otherwise (SEAL)
required under this chapter. BILL NO 65 of
Public utilities franchised by the CITY and property owners Publish.July A,,l950
perormint work ad lucent to their residences,shall not be
required
esootile
personrcoe to be fully bond provided
byth said
ditions set forth in Sectionr41"s-12 hereof.
Ser.41-5.11,Conditions of Bond.The bond required by
the preceding section shall be conditioned that the person
making the excavation shall: 01 the Ci1V
(II Folly et,with the
ordinances and ameregulations,rsle specifications and stain
ads promulgated y he City relative to work In the
nobler wry,and respond to the City in damages for faiure
to conform therewith..
(2)After an excavation is met d,the permute°
hall prosecute ne with diligence and fie lon all
lion wk covered by the excavation permit anti shall
raptly plete such work x and restore the public way
to its original condition,or as near as may be,so as not to
obstruct the public place or travel thereon more than is
reasonably necessary.
3)Guarantee the Wrkslte restoration fora Pori.of
two years from completionof said restoration,reasonable
wear and tear excepte.
Sec. 1.5-18. Delaun in has occurred
co Whenever Me
engineer finds teat a defaulfn urred the perfor-
manceol any term r condition of the permit,written no-
ha hereof shall be given to the principal and to the sure-
ty on the bond,if More is a surely bond Such notice shall
tale the work to be done,the estimated engineer
cost thereof,and
the
necessarylior thcornet..ethof theeiµeak to he reason-
Sec 41"5.19.Completion o1 work.In the event that the
surety for principal),within reasonable tune following
the giving of such notice,(taking into consideration the
thei requires ent`ofhe slt manic solely ation,the nd
for the te work,and
protection of
persons operty).tads ether to commence and cause
the quit d work to be performed with due diligence,or
to indemnify the City for the cost of doing the work,as set
forth in the notice,the City may perform the work,at Me
discretion not the engineer,with City ferret or contract
Artprn or Vi rp r"nt nw•.void actor a1%,bdin C Xtrheni:ate
uch o5 d pets me may be p0505 reo. ll the enure
s of due to tfo Cliv o account thereof.In the event
non
Mat cash has Item deposit.,the costs of •rlorrning the
suit hrouglll for toe Patnbleldue,tiI mmoon+Qorwsiled,and