05/09/1989 - Minutes (2) PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
TUESDAY, MAY 9, 1989
The City Council of Salt Lake City, Utah, met as the Committee of
the Whole on Tuesday, May 9, 1989, at 5:00 p.m. in Suite 304, City County
Building, 451 South State Street.
The following Councilmembers were present:
Florence Bittner Alan Hardman Roselyn Kirk
Wayne Horrocks Tom Godfrey Willie Stoler
Sydney Fonnesbeck
Council Chair Stoler presided at the meeting.
Cindy Gust-Jenson, Executive both changes could be made during
Director, reviewed the Council the meeting.
agenda and upcoming schedule,
saying that the R/UDAT Committee Ms. Gust-Jenson informed the
was meeting on June 15, 1989, to Councilmembers that the public
mark the first anniversary of the hearing for the Industrial Devel-
R/UDAT study. She said if the opment Revenue Bonds ( IDRB) should
budget was not passed on the 13th be held before passing the IDRB
of June as scheduled there might resolution.
be a conflict.
Ms. Gust-Jenson said Rick
In reviewing Item E-1, regard- Johnston would be making a few
ing work in the public way, Ms. comments before the California
Gust-Jenson said the staff had Avenue protest hearing and would
recommended referring it to the then be available to answer any
consent agenda, but now saw a questions the Councilmembers might
need for a public hearing which have.
could be set for June 6, 1989.
Councilmember Hardman said he Council Chair Stoler reviewed
would like to discuss the changes the agenda for the Committee of
made and would like it scheduled the Whole meeting scheduled to
on the Committee of the Whole follow the Council meeting.
agenda. Ms. Gust-Jenson said that
89-121
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
TUESDAY, MAY 9, 1989
The City Council of Salt Lake City, Utah, met in regular session on
Tuesday, May 9, 1989, at 6:00 p.m. in Room 315, Council Chambers, City
County Building, 451 South State Street.
The following Council Members were present:
Florence Bittner Alan Hardman Roselyn Kirk
Wayne Horrocks Tom Godfrey Willie Stoler
Sydney Fonnesbeck
Mayor Palmer DePaulis, Roger_ Cutler, City Attorney, Kathryn
Marshall, City Recorder, and LaNita Brown, Deputy Recorder were present.
Council Chair Stoler presided at the meeting and Councilmember
Hardman conducted the meeting.
OPENING CEREMONIES firefighters offer a fire safety
class in the elementary schools in
#1. The invocation was given the city, several school children
by Chaplain Bob Blackhurst. also joined in the presentation.
#2. The Council led the ACTION: Councilmember Kirk
Pledge of Allegiance. moved and Councilmember Bittner
seconded to adopt Resolution 64 of
#3. Councilmember Kirk 1989, proclaiming the month of May
moved and Councilmember Godfrey 1989, as ' Firefighters Apprecia-
seconded to approve the minutes of tion Month' , which motion carried,
the Salt Lake City Council for the all members voted aye.
regular meetings held Tuesday, May (R 89-1)
2, 1989, and Thursday, May 4,
1989, which motion carried, all
members voted aye. COMMENTS
(M 89-1)
Ron Davey, 939 Diestel Road,
#4a. Councilmember Godfrey presented a letter to the Mayor
read a resolution proclaiming the and Council regarding a problem at
week of May 7, 1989, as 'Be Kind Miller Park. He said Miller Park
To Animals Week' . followed the Red Butte stream
beginning at 900 South 1675 East
ACTION: Councilmember and ending 1000 feet east of 1500
Godfrey moved and Councilmember East on Bonneview Drive, a one-way
Kirk seconded to adopt Resolution street at 1000 South. He said
63 of 1989, proclaiming the week that after the park closed at 10
of May 7, 1989, as 'Be Kind To p.m. , usually on Friday and Satur-
Animals Week' , which motion car- day nights, it filled with loud,
ried, all members voted aye. boisterous individuals who partied
(R 89-1) until around 3 a.m. He said it
was abusive and disturbed the
#4b. Councilmember Horrocks peace in their neighborhood. He
read a resolution proclaiming the said the destruction to the park
month of May, 1989, ' Firefighters last year was unconscionable, yet
Appreciation Month' . Because the their calls to the police went
89-122
PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CIO, UTAH
TUESDAY, MAY 9, 1989
unheeded and no one was cited for #2. RE: An ordinance grant-
after-hour presence or disturbing ing to Chemopharm Laboratories,
the peace. He said the neighbors Inc. , the right to construct and
were prepared to hire off-duty operate a communications duct in
policemen to solve the problem, 400 West between their two build-
but he urged cooperation from the ings at 425 and 503 North 400
Police and the city. West.
Councilmember Stoler said they ACTION: Councilmember God-
might want to have Chief Chabries frey moved and Councilmember Kirk
reinstitute the 'Party Car' which seconded to suspend the rules and
used to patrol and put a damper on adopt on first reading Ordinance
parties. He said the officers got 28 of 1989, granting to Chemopharm
so they knew the persons on a Laboratories, Inc. , the right to
first-name basis and were able to construct and operate a communica-
talk to them, thus helping to tions duct in 400 West between
alleviate a lot of problems. their two buildings at 425 and 503
North 400 West, which motion
carried, all members voted aye.
CONSENT AGENDA (0 89-24)
Councilmember Godfrey moved
and Councilmember Horrocks second- UNFINISHED BUSINESS
ed to approve the consent agenda,
which motion carried, all members #1. RE: A resolution of
voted aye. inducement for not to exceed
$9,300,000 of Industrial Develop-
#1. RE: Adopting Resolution ment Revenue Bonds; approving a
62 of 1989, authorizing the execu- Memorandum of Agreement with
tion of an interlocal agreement Compeq International Co. , Ltd. , in
with the Salt Lake County Water connection with the issuance by
Conservancy District to allow and Salt Lake City of its Industrial
control the district' s pumping of Development Revenue Bonds to
water from the fore bay of Turner finance a portion of the cost of
Dam in the Jordan Narrows. the acquisition of land and the
(C 89-233) construction and equipping of a
manufacturing facility which will
produce printed circuit board and
NEW COUNCIL BUSINESS electronic products; authorizing
the company to acquire, construct
#1. RE: An ordinance amend- and equip the project to be fi-
ing, reorganizing and repealing nanced by such bonds; directing
the ordinances in Title 14, Salt that Salt Lake City will not
Lake City Code, pertaining to work pledge or mortgage its ownership
in the public way. interest in the site of the
project nor will it guarantee the
ACTION: Councilmember God- bonds by lending or pledging its
frey moved and Councilmember Kirk credit; and authorizing the execu-
seconded to set a public hearing tion and delivery of a Memorandum
date for June 6, 1989, at 6:40 of Agreement between the issuer
p.m. and refer the item to Commit- and the company with respect to
tee of the Whole, which motion financing the project.
carried, all members voted aye.
(0 89-25)
89-123
PROCEOLGS OF THE CITY COUNCIL OF SALT LAKE CI, UTAH
TUESDAY, MAY 9, 1989
ACTION: Councilmember Hor- Councilmember Godfrey ques-
rocks moved and Councilmember tioned why the sales tax benefit
Bittner seconded to adopt Resolu- to the city would be zero, and Mr.
tion 61 of 1989, for $9,300, 000 of Fox said it was because they did
Industrial Development Revenue no retail business.
Bonds, and approving a Memorandum (Q 89-3)
of Agreement with Compeq Interna-
tional Co. , Ltd. , which motion #2 RE: A public hearing at
carried, all members voted aye. 6:20 p.m. to obtain comment con-
cerning the proposed creation of
DISCUSSION: Councilmember_ _ Special Improvement District (SID)
Bittner asked if anyone knew how 38-808 for the purpose of con-
much money was left for Industrial structing street improvements on
Revenue Bonds, and Richard Fox, California Avenue from Pioneer
bond attorney, said the State Road to 3400 West.
Allocations Board would meet on
Thursday to consider the Councils ACTION: Councilmember Kirk
actions of tonight, and he thought moved and Councilmember Godfrey
there was about $12 million left seconded to close the public
out of $150 million. hearing, which motion carried, all
(Q 89-3) members voted aye.
Councilmember Godfrey moved
PUBLIC HEARINGS and Councilmember Horrocks second-
ed to refer the item to the City
#1 RE: A public hearing at Engineering Office for tabulation
6:00 p.m. to obtain comment con- of protests, which motion carried,
cerning the proposed issuance of all members voted aye.
not to exceed $9,300,000 by Salt
Lake City Corporation of its DISCUSSION: Rick Johnston,
Industrial Development Revenue Engineering Division, addressed
Bonds for the purpose of land the Council and said the date for
acquisition, construction, and filing of protests ended on May
equipping a project for Compeq 8th and they had received only one
International Co. , Ltd. protest, from Overnight Construc-
tion. He said that since the time
ACTION: Councilmember Kirk the Council had approved advertis-
moved and Councilmember Stoler ing of the SID they had been
seconded to close the public approached by the property owner
hearing, which motion carried, all on the south side of California
members voted aye. Avenue, Rex Dahlberg, who now re-
quested to be added to the dis-
DISCUSSION: Richard Fox, trict. He said the addition of
bond attorney, 57 West 200 South, Mr. Dahlberg' s property would not
said Compeq had a plant in Taiwan impact the city' s portion or the
and planned to establish a second previous abutters of the SID.
plant here in the International
Center. He said the project had Councilmember Bittner asked if
been measured against the city's the interchange was a requirement
criteria and would fit nicely and of UDOT, and Mr. Johnston said it
be an excellent addition to the was not, that this was a separate
International Center. issue that involved California
Avenue from Pioneer Road to 3400
West. He said California Avenue
89-124
PROCE•INGS OF THE CITY COUNCIL OF SALT LAKE CI UTAH
TUESDAY, MAY 9, 1989
was listed as one of the major company. Councilmember Horrocks
arteries to serve the Northwest asked Mr. Johnston if this could
Quadrant and as such, it ' s future be done, and Mr. Johnston said
function would be a seven-lane yes. He said he had been in touch
road but right now they were only with a representative of Roadway
addressing the outside portions. in their eastern office and they
He said in the future the road had discussed this issue. He
would hook up with the West Valley said they were interested in
Highway and roads further west as alleviating any problems and he
the area developed, would be happy to meet with Mr.
Hill after the meeting to firm up - -
Councilmember Horrocks asked if plans.
the prices quoted to property (Q 89-2)
owners represented a set cost or
preliminary estimates, and Mr. The meeting adjourned at 7:00
Johnston said they were prelimi- p.m.
nary estimates and they were
usually estimated a little high.
Joseph Sletten, representing
Overnite Transportation, 2500
California Avenue, said they had
complete access to all roads from
their location and had no use for
the proposed road. He said he
understood that the driving force C NCIL CHAIR
behind the SID was the property
owner to the south. He said they
were told there had been a meeting
regarding the SID but his company
had not received notification of
it. He said his company felt the
figures presented to them were
high, and they could see no reason
at the present time for a multi- I R C DER
lane road there.
Jerry Hill, representing Roadway
Express, 1234 South 3200 West,
said his company did not oppose
the SID but they were concerned
about the median strip on Califor-
nia Avenue. He said the plans
would not allow their trucks to
make a left turn onto California
Avenue and this presented a prob-
lem to them based on the construc-
tion his company had already done.
He said there was to be an opening
in the median 150 feet west but it
was to accommodate the property
owner to the south, and he felt
the engineers should either put a
wider median opening in or put
another one in to accommodate his
89-125
SALT LAKE CITY COUNCIL AGENDA
CITY COUNCIL CHAMBER
CITY & COUNTY BUILDING, 315
451 SOUTH STATE STREET
Tuesday, May 9, 1989
6:00 p.m.
A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Suite 304, City County Building, 451 So.
State Street
1 . Report of the Executive Director.
B. OPENING CEREMONIES:
1 . Invocation.
2. Pledge of Allegiance.
3. Approval of the Minutes.
4a. The City Council and Mayor Palmer DePaulis will adopt a joint resolution
proclaiming the week of May 7, 1989, as BE KIND TO ANIMALS WEEK. 'ICA1
4b. The City Council and Mayor Palmer DePaulis will adopt a joint resolution
proclaiming the month of May, 1989, FIREFIGHTER APPRECIATION MONTH._ /0W,
- (ouAGIt m r� ra��s first pars
C. COMMENTS: Q f ch L i t a S ►tiv,) Kati t o.t.¢,
1 . Questions to the mayor from the City Council. „ M:Ih!r- Park Coanrnrn+
2. Citizen Comments to the Council.
D. CONSENT:
1 . Interlocal Cooperation Agreement - S. L. County Water Conservancy District.
Consider adopting a resolution authorizing the execution of an Interlocal
Cooperation Agreement between Salt Lake City Corporation and the Salt Lake
County Water Conservancy District to allow and control Salt Lake County
Water Conservancy District's pumping of water from the #'orl bay of the
Turner Dam located in the Jordan Narrows. (AQOi �'A i�,
(C 89-233)
STAFF RECOMMENDATION: Adopt .
E. NEW COUNCIL BUSINESS: I
1 . Work in the Public Way. - �I CL �Q1)(1'51/M . Will bQ
Consider adopting an ordinance amending, reorganizing and repealing the
ordinances in Title 14 Salt Lake City Code,��+��� pertaining to work in t 0
public way. This doP5 Inc- aS& tees, a i huh Ove , 4,4\c_t
(0 89-25) 04)0V PYIng n of In ure . LiDU rvlal WIS
STAFF RECOMMENDATION: Refer to Consent. ho(ci 6 r-Ai l' L
heart 5une (v ./ '-
2. Franchise Agreement - Chemopharm Laboratories, Inc. (f 0) 0)
la 1Ju
Consider adopting an ordinance granting to Chemopharmm'L,aborat ire , n c h
the right to construct and operate a communications duct in 400 West Street ,
between their two buildings at 425 and 503 North 400 West.
(0 89-24)
STAFF RECOMMENDATION: Suspend Rules ; Adopt on First Reading.
Igo hectnn I . h m
F. UNFINISHED COUNCIL BUSINESS:
1 . Industrial Development Revenue Bond - Inducement Resolution.
Consider adopting a resolution of inducement for not to exceed $9,300,000 of
Industrial Development Revenue Bonds; approving a Memorandum of Agreement
with Compeq International Co. , Ltd. , in connection with the issuance by Salt
Lake City of its Industrial Development Revenue Bonds to finance a portion
of the cost of the acquisition of land and the construction and equipping of
a manufacturing facility which will produce printed circuit boards and
electronic products ; authorizing the company to acquire, construct and equip
the project to be financed by such bonds; directing that Salt Lake City will
not pledge or mortgage its ownership interest in the site of the project nor
will it guarantee the bonds by lending or pledging its credit ; and
authorizing the execution and delivery of a Memorandum of Agreement between
the issuer and the company with respect to financing the project.
(Q 89-3)
STAFF RECOMMENDATION; Adopt .
G. PUBLIC HEARINGS:
o1 . Industrial Development Revenue Bonds - Compeq International Co. , Ltd.
"11►1•S r �'• Too p.m.S
Obtain public comment concerning the proposed issuance of not to exceed
$9,300,000 by Salt Lake City Corporation of its Industrial Development
Revenue Bonds for the purpose of land acquisition, construction, and
equipping a project for Compeq International Co. , Ltd.
(Q 89-3)
STAFF RECOMMENDATION: Close Hearing.
2. Special Improvement District No. 38-808 - California Avenue.
6:20 p.m.
Obtain public comment concerning the proposed creation of a Special
Improvement District No. 38-808 for the purpose of constructing street
improvements on California Avenue from Pioneer Road to 3400 West.
(Q 89-2)
STAFF RECOMMENDATION: Close Hearing; refer to Salt Lake City
Engineering Office for tabulation of
protests. f I �,
H. ADJOURNMENT. (LIB "�� f-d Will
(1UQ b(I el C;MO p _
** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA
1* THE CITY COUNCIL WILL MEET AS THE COMMITTEE OF THE WHOLE IMlEEDIATELY FOLLOWING THIS
MEETING.
DATED: May 5, 1989
BY: GAl)
CHIEF DEPUTY CI R CORDER
STATE OF UTAH
COUNTY OF SALT LAKE ) ss.
On the 5th day of May, 1989, I personally delivered a copy of the foregoing notice
to the Mayor and City Council and posted copies of the same in conspicuous view, at
the following times and locations within the City & County Building, 451 South
State Street and temporary City Hall, 324 South State Street , Salt Lake City, Utah :
1 . At 5:00 p.m. in the City Recorder's Office, 5th Floor, City Hall; and
2. At 5:00 p.m. in the Newsroom, Room 343, City & County Building.
•
CHIEF DEPUTY CI CORDER
Subscribed and sworn to before me this 5th day of/ icresidiflgtL
89.
AL q;64.-
h0
State of Utah
My Commission Expires:
APPROVAL:
t1 _ !
/Y) k.)
EXECUTI E DIREC OR
SALT LAKE CITY COUNCIL AGENDA
CITY COUNCIL CHAMBER
CITY & COUNTY BUILDING, 315
451 SOUTH STATE STREET
Tuesday, May 9, 1989
6:00 p.m.
A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Suite 304, City County Building, 451 So.
State Street
1 . Report of the Executive Director.
B. OPENING CEREMONIES:
1 . Invocation.
2. Pledge of Allegiance.
3. Approval of the Minutes.
4a. The City Council and Mayor Palmer DePaulis will adopt a joint resolution
proclaiming the week of May 7, 1989, as BE KIND TO ANIMALS WEEK.
4b. The City Council and Mayor Palmer DePaulis will adopt a joint resolution
proclaiming the month of May, 1989, FIREFIGHTER APPRECIATION MONTH.
C. COMMENTS:
1 . Questions to the Mayor from the City Council.
2. Citizen Comments to the Council.
D. CONSENT:
1 . Interlocal Cooperation Agreement - S. L. County Water Conservancy District.
Consider adopting a resolution authorizing the execution of an Interlocal
Q9 Cooperation Agreement between Salt Lake City Corporation and the Salt Lake
( County Water Conservancy District to allow and control Salt Lake County
Water Conservancy District's pumping of water from the fore bay of the
T.)61 Turner Dam located in the Jordan Narrows.
(C 89-233)
STAFF RECOMMENDATION: Adopt.
E. NEW COUNCIL BUSINESS:
1 . Work in the Public Way.
Consider adopting an ordinance amending, reorganizing and repealing the
ordinances in Title 14, Salt Lake City Code, pertaining to work in the
public way.
(0 89-25)
STAFF RECOMMENDATION: Refer to Consent.
2. Franchise Agreement - Chemopharm Laboratories, Inc.
Consider adopting an ordinance granting to Chemopharm Laboratories, Inc. ,
the right to construct and operate a communications duct in 400 West Street ,
between their two buildings at 425 and 503 North 400 West.
(0 89-24)
STAFF RECOMMENDATION: Suspend Rules ; Adopt on First Reading.
F. UNFINISHED COUNCIL BUSINESS:
1 . Industrial Development Revenue Bond - Inducement Resolution.
Consider adopting a resolution of inducement for not to exceed $9,300,000 of
Industrial Development Revenue Bonds; approving a Memorandum of Agreement
with Compeq International Co. , Ltd. , in connection with the issuance by Salt
Lake City of its Industrial Development Revenue Bonds to finance a portion
of the cost of the acquisition of land and the construction and equipping of
a manufacturing facility which will produce printed circuit boards and
electronic products ; authorizing the company to acquire, construct and equip
the project to be financed by such bonds; directing that Salt Lake City will
not pledge or mortgage its ownership interest in the site of the project nor
will it guarantee the bonds by lending or pledging its credit; and
authorizing the execution and delivery of a Memorandum of Agreement between
the issuer and the company with respect to financing the project.
(Q 89-3)
STAFF RECOMMENDATION; Adopt .
G. PUBLIC HEARINGS:
1 . Industrial Development Revenue Bonds - Compeq International Co. , Ltd.
6:00 p.m.
Obtain public comment concerning the proposed issuance of not to exceed
$9,300,000 by Salt Lake City Corporation of its Industrial Development
Revenue Bonds for the purpose of land acquisition, construction, and
equipping a project for Compeq International Co. , Ltd.
(Q 89-3)
STAFF RECOMMENDATION: Close Hearing.
2. Special Improvement District No. 38-808 - California Avenue.
6:20 p.m.
Obtain public comment concerning the proposed creation of a Special
Improvement District No. 38-808 for the purpose of constructing street
improvements on California Avenue from Pioneer Road to 3400 West.
(Q 89-2)
STAFF RECOMMENDATION: Close Hearing; refer to Salt Lake City
Engineering Office for tabulation of
protests.
H. ADJOURNMENT.
ff FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA
" THE CITY COUNCIL WILL MEET AS THE COMMITTEE OF THE WHOLE IMMEDIATELY FOLLOWING THIS
MEETING.
DATED: May 5, 1989
BY: 1 � / (/
CHIEF DEPUTY CI R CORDER
STATE OF UTAH
COUNTY OF SALT LAKE ) ss.
On the 5th day of May, 1989, I personally delivered a copy of the foregoing notice
to the Mayor and City Council and posted copies of the same in conspicuous view, at
the following times and locations within the City & County Building, 451 South
State Street and temporary City Hall, 324 South State Street, Salt Lake City, Utah :
1 . At 5:00 p.m. in the City Recorder's Office, 5th Floor, City Hall; and
2. At 5:00 p.m. in the Newsroom, Room 343, City & County Building.
_ 26)
CHIEF DEPUTY CI CORDER
Subscribed and sworn to before me this 5th day of May, 1 89.
otary Public residing th
State of Utah
My Commission Expires:
APPROVAL:
•
EXECUTIVEDIREC OR
8 's_,u .. .?_sik.i:•: :: .-g..,,,,,,,_- .:Aa dt „,,g, "mod' �...� .r- 2. t>,,,, t.% 3,c..,,A24s.A 0-_ ,,Ak:3 '1., _ �-� .,.: _ .,,,:...R;-,;:.;,,
SALT LAKE CITY CORPOR �. FION f i
7,.... (q
I!..',. "itoolittia* n v.
A JOINT RESOLUTION OF THE
F, CITY COUNCIL AND MAYOR OF %,l
SALT LAKE CITY, UTAH "'
r
WHEREAS, We have been endowed not only with the blessings and benefits
P of our animal friends, who give us companionship and great `'3'
0 pleasure in our daily lives, but also with a firm responsi- 41
bility to protect from need, pain, fear and suffering r.
e these fellow creatures with which we share the earth; 3:
and E'
E
c.r
? WHEREAS, We recognize that teaching attitudes of kindness, considera-
tion and respect for all living things through humane
* education in the schools and the communityhelps toprovide
�� P =
5' the basic values on which a humane and civilized society
rF is built; and `=
Cr .,-
: } WHEREAS, The people in the City of Salt Lake are deeply indebted -
E-4 to their animal care and control agencies for their invalu-
•t4 able contribution in caring for lost and unwanted animals,
C instilling human values and promoting a true working spirit
of kindness and consideration for animals in the minds =;
ca and hearts of all people; and :.
* WHEREAS, The first full week of May has been set as the annual
celebration of the national week observing the philosophy
of kindness to animals.
* NOW, THEREFORE BE IT RESOLVED by the City Council and Mayor Palmer
DePaulis that we do hereby proclaim and pronounce the
`} week of May 7, 1989, as
G BE KIND TO ANIMALS WEEK
and do heartily recommend to all our citizens a full partici-
pation in all the events related thereto in this community.
DATED this 9th day of May, 1989.
.1.
j'1
L;
a 0 Palmer DePaulis, Mayor W. M. "Willie" Stoler, Chair
L1 -
1 i _
Florence B. Bittner L. Wayne Horrocks
:1
Ir
t
Sydney R. Fonnesbeck Alan G. Hardman
I0
r}
a
Tom Godfrey Roselyn N. Kirk
'✓
•
Sarin,A E Y"GORRORATIONf
FIRE DEPARTMENT
PETER O. PEDERSON 305 EAST 200 SOUTH
CHIEF OF FIRE DEPARTMENT SALT LAKE CITY. UTAH 84111
799-4101 _..
April 1989
Mayor Palmer DePaulis
324 South State Street
Salt Lake City, Utah 84111
Dear Mayor DePaulis,
Please accept this request for Council Action. In order for the Council
action to coincide with the Fire Engine visits to the elementary schools, I
request that this matter be scheduled for Council Action on May 2, 1989.
1. Subject:: Resolution honoring firefighters by proclaiming May as
Firefighter Appreciation Month.
2. Recommendation: Council approval is recommended.
3. Funding: No expenditures or appropriations are involved.
4. Background and Discussion: Public Education Specialist Al Goldman
teaches a monthly class in each elementary school in Salt Lake City. The
final class in his program has traditionally included a visit to the
school by a fire engine and crew for a "show and tell ". In the past,
there has been variation in the content of this class and the attitudes
of the firefighters presenting it.
To provide consistency in the class, a single lesson plan and
demonstration was developed this year by a committee of firefighters. To
increase enthusiasm, it was suggested that the firefighters be "honored"
during their school presentation. Al Goldman presented the idea to the
school children in his regular visits, and reported that they liked it.
A formal proclamation in honor of firefighters and the school children
was suggested. With the approval of the Fire Department, Al Goldman
encouraged the children to write letters requesting such an honor for
firefighters.
Enacting such a proclamation would provide a fitting and rewarding
conclusion to the efforts of the children who wrote letters. It would
serve its intended purpose of generating enthusiasm among the
firefighters who visit the schools. It would further cement the bonds
between the firefighters and school children in Salt Lake City.
5. Legislative Document: A sample proclamation and a list of excerpts from
student letters to the Mayor are attached.
6. Contact Person: Public Education Specialist Al Goldman, Fire Department,
799-4169.
7. Submitted by: Peter 0. Pederson, Chief, Fire Department, 799-4101.
Respe lly,
0 ,01.46eitY
Peter 0. Pederson
WHEREAS Salt Lake City Fire Department offers a fire safety class in the
elementary schools in the City, giving school children the knowledge and
skills to protect themselves and their families from fire.
WHEREAS firefighters dedicate extra time and effort during the school year to
inspect schools for fire safety and protecting the school children.
WHEREAS elementary school children in Salt Lake City have demonstrated an
awareness of fire safety and an appreciation for firefighters by petitioning
the Mayor and Council to honor firefighters.
WHEREAS the petitions from the school children included these ideas :
WHEREAS they could go and work at a gas station, but instead they work
long hours and cut their hair. Why? Because they care.
WHEREAS in the middle of the night they have to come put out a house on
fire.
WHEREAS a lot of people have been saved from being burnt to a crisp in
their beds. No headlines say, "BRAVE FIREFIGHTER RISKS LIFE TO SAVE
MISS AMERICA."
WHEREAS firefighters work a lot, risk their lives, and they do it for
our good and yours.
WHEREAS firefighters save lives of very, very important people like
you.
WHEREAS the firefighters would like "Firefighter Appreciation Month" to
be May because they don 't want it to be August.
WHEREAS we majorily urge you to have a festival for firefighters.
WHEREAS I know if I have a fire, the firefighters will be there for me.
P.S. WHY DO FIREFIGHTERS WEAR RED SUSPENDERS?
WHEREAS firefighters will visit each elementary school during the month of May
to present a fire safety class and firefighter skills demonstration.
WHEREAS firefighters and school children, working in concert, can
significantly lower the degree of loss and suffering within our city.
LET IT THEREFORE BE RESOLVED because of the cooperative efforts of
firefighters and school children during this month to improve fire and life
safety in Salt Lake City that the month of May, 1989, be proclaimed
Firefighter Appreciation Month for the school children of Salt Lake City.
• WHEREAS these firedudes run into bul g houses to save the lives of those voting Lake citizens. They could go
and work at a gas station, but Instead they work long hours and cut their hair. Why because they care. They don't ask
for too much, Just an appreciation month, and a good pay. BesidesI will buy you a big gulp If you give It to them.
WHEREAS firefighters save people's lives around the world, every second of the'day. While Elvis was singing and being
heard on T.V. & radio all over the world, Firefighters valid be saving people's lives. '
WHEREAS almost every day we hear about some firefighter who threw aside all fear for his own life and rushed Into a
burning house or apartment building to rescue a baby or a child or stranded people.
WHEREAS several times a month firefighters almost kill themselves trying to rescue people, and they never get any
credit.
WHEREAS they also teach children to learn how to get out of burning houses, and not to play with matches.
WHEREAS my mother was saved from a fire, but my dad was hurt badly.
WHEREAS in the middle of the night they have to came put out a house on fire.
WHEREAS I would give you a reward In my own way. I would respect you a lot. The reason I'm doing this Fireman Owl
asked us to.
WHEREAS a lot of careless people have been setting fire to their homes for stupid reasons. And firefighters came and
put them out. Do you know how long It takes.- how much muscle it takes... A Lot. So citizens of Utah have came up
with a plan that Is superior.
WHEREAS firefighters put out fires, save lives, and calm down many scared people.
WHEREAS we think they could use recognition when they save our lives.
WHEREAS firefighters should be thanked for what they do.
WHEREAS because the firefighters risk their lives for us, and other.people. You have done a great job.
WHEREAS I think firefighters work too hard, and need to be appreciated.
WHEREAS when I grow up, I am going to be a fireman.
WHEREAS They save lives medically, and with action.
WHEREAS you seem like a very special man. You seem to make a lot of decisions too. I thought you might like to make
another decision.
WHEREAS I cut my foot playing baseball and the paramedics came and fixed my foot a little. They were really nice guys
and gentle when they stopped the blood.
WHEREAS they work hard to keep us alive, and they take the time to tell us ways of preventing fires.
WHEREAS I know I wouldn't be willing to wake up in the middle of the night - ready to risk my life.
WHEREAS firemen risk their lives for us, and firemen die for us; maybe even you.
WHEREAS a lot of people have been saved from being burnt to a crisp in their beds. The paramedics and firefighers risk
their lives to save people who get in fires. But no one says, 'HEADLINE TODAY:
BRAVE FIREFIGHTER RISIS LIFE
TO SAVE MISS AMERICA'
WHEREAS I wonder how you are doing. Do you work 24 hours?' Is it fun being a head firefighter? Sorry I am asking so
many questions, but I can't help it. So long - nice talking to you.
WHEREAS firefighters work a lot, some. _es risking their lives to put out fire, and .y do it for our good; and yours.
WHEREAS firefighters save lives like the woman who had a fire in her house. She was freed by the firefighters. They
save animals and schools too.
WHEREAS I'm requesting you proclaim 'Firefighters's Appreciation Month.' Which month? May! Now you're thinking,
'Why?' I'll tell you. Everyday firefighters save people's lives and property. They risk their lives for people Just
like you and me! They deserve some appreciation! .
WHEREAS I wonder how you are doing. How do firefighters calm people down? Do they Just talk to them? It's nice to
know someone is concerned about our safety. Well - goodbye.
WHEREAS Just a few days ago I mailed a letter to the President of the United States of America. So how are things
going? I wish I could work like you. Well - have a good day today, and all week.
WHEREAS firefighters are good for when people are sick. Like when our next-door neighbor's Dad fell. My Dad called
the fire department, and the police.
WHEREAS firefighters save the lives of children and other people. They save lives of very, very important people like
you! Animals get saved too. If we didn't have firefighters, a lot of us would not be alive.
WHEREAS I hope your Job is fun. I am glad you are the Mayor of Utah. I am glad we have firemen. I wish fires would
not happen.
WHEREAS it's possible that firefighters have probably risked their lives to get hurt people In all houses that are
caught on fire. Have a happy spring.
WHEREAS I would like to know if May could be 'Firefighters and Paramedics Appreciation Month.' I'm happy your the
Mayor because you'll make the right decision.
WHEREAS we were wondering if you could make May 'Firefighter Appreciation Month.' Just for fun. Oh, and I was
thinking about being a mayor myself. How does it feel to be famous? My Dad's kind of famous too. He's a lawyer.
WHEREAS I hope you can understand that firefighters do many life-saving Jobs. They put out fires, save people from .
fires, and are a big part of our community.
WHEREAS firefighters risk their lives for the safety of the public, and the protection of property. No other Job,
according to reliable studies, involves higher risks of personal injury and loss of life.
WHEREAS I have seen many houses burn doom. I'm not only concerned about the families whose house was burned, but for
the firefighters who perform dangerous tasks while fighting these fires.
WHEREAS in our fifth grade classes we have had a fire program once a month. We have learned all about fire and fire
victims. But the one thing in a fire that we don't think of enough are the firefighters who put out the fires and a
lot die doing so.
WHEREAS I think we shouldn't ignore them, they've done so much that we should give them an award.
WHEREAS firefighting dudes - you are like Supermen; you're always heros.
WHEREAS the firemen help the wrecks and people who run off the road.
WHEREAS firefighters once saved my cat from a fire.
WHEREAS firefighters save lives, help people and animals, they are quick to respond, give children safety advice, they
keep the City safe, and they really care.
WHEREAS firefighters should be all over the City because they save lives, and I like the colors black and red.
WHEREAS firefighters save lives and help people and animals and are quick to respond on all sorts of stuff.
1
C
WHEREAS firefighters help people from _sting hurt, and if people do get hurt in a . ., they can put out the fire and
help the person too.
WHEREAS firefighters help us, .and save us, and other things like that.
HOSOTROS les damos los gracias par arriesgar sus vidas. f
(We thank you for risking your lives]
HOSOTROS les damns las gracias per todo to que hacen los bomberos.
(we thank you for everything that the firemen do.]
WHEREAS my fireman helps kids with their homework, and he teaches them safety.
WHEREAS firemen are the people we need to save people we love if they're in trouble like in a fire. 'Please!' at the
top of my lungs, 'proclaim 'Firefighter Appreciation Month."
WHEREAS firemen and firewomen: 1) save lives 2) put out fires 3) They are up day and night 4) teach safety.
WHEREAS the firefighters would like 'Firefighter Appreciation Month' to be May because they don't want it to be August.
WHEREAS some people have died, but I bet they are glad to be out of the fire they were in.
WHEREAS I might want to be a firefighter and save cats. P.S. you are a good Mayor.
WHEREAS I thank you for saving my next-door neighbor.
WHEREAS there is a certain time for most all special things, but we have no special time for firefighters.
Firefighters are very brave and they help people in destress; they save us and our property from fire, and are very
patient, and help cats out of trees.
WHEREAS we think our firefighters should have more recognition. Thank you for your time. Bye - have to go.
WHEREAS another story is that before I was born, my parents were Foster Parents. They told me that the child's parents
died in a fire. Whenever she saw fire, it was like she was in a trance. She would stare at the fire and say in a
soft, low, voice - over and over again - 'Fire... Fire... Fire.'
WHEREAS we majorily urge you to have a festival for firefighters.
WHEREAS I don't want to die by a fire, ever!
WHEREAS the reason I am doing this is because I don't want no one to get hurt.
WHEREAS we thank you for all your hard work for saving people's lives.
WHEREAS I know that If I have a fire, the firefighters will be there for me.
AND PLEASE... write back soon.
HOW LOOK at all of the firemen who go into a burning house to save our lives. They could die, but they still go into
that burning house to save us. If they did not risk their lives to save our lives, there would be a lot more deaths in
this world.
WHEREAS we could have a parade and celebrations. There could be sales on fire equipment like spoke detectors and
ladders. Firefighters could go to schools and teach about fire safety, and about their jobs that are done so well.
BE IT RESOLVED: in using some of the words given me by many of the thousands of students within Salt Lake City, I do
hereby proclaim the month of"May to be 'Firefighter Appreciation Month.'
CONTRACT ROUTING FORM
REQUESTING DEPARTMENT: SLC PUBLIC UTILITIES DATE: APRIL 11, 1989
DEPARTMENTAL CONTACT: WENDELL E. EVENSEN , WATER SUPERINTENDENT
SUBJECT• Interlocal Agreement between Salt Lake City Corporation and
the Salt Lake County Water Conservancy District
SIGNATURE: /4061tid _.(t
YES I NO
Number of Executed
Documents Required: 3 Insurance Required
Expected Contract -
Completion Date: Insurance Attached
i'a.d5 AppropriatedFINANCE COMMENTS: N/A
ubi'rc Utilities Departmtnt
Account Number: tate / ),'5-�q
;>rrCuniib riA
':! ,_ MR_✓ + `.t
ATTORNEY COMMENTS:
Please approve as to form and forward to City Council
�r�rC�v PS IC FpR' °Wt.,
[1 ` 1,,rney�s
Salt t'f' L{l._l.__. ._.. 1
RECORDER COMMENTS:
paa7111)
APR 14 1989
SAI T LAKE CITY COUNCIL
returned to on
(contact or dept. ) (date)
amestc,- .T.: .•:iS.i"g_,---1:7:2.;n;.._3'!"T^'"_...=r717=7^.?...-7.3.,r, - - - . A ac
LEROY W. HOOTON, JR. -
DIRECTOR
WENDELL E. EVENSEN, P.E.
SUPERINTENDENT 'MAT Y ,'^�q,, lg S
WATER SUPPLY & WATERWORKS i`-yam "® �, �`� v�.�'�a�o �� !�0
•
E. TIM DOXEY
SUPERINTENDENT DEPARTMENT.OF PUBLIC UTILITIES
WATER RECLAMATION WATER SUPPLY & WATERWORKS
PALMER DEPAULIS
JAMES M. LEWIS, C.P.A. WATER RECLAMATION. MAYOR
CHIEF FINANCE &
ACCOUNTING OFFICER 1530_SOUTH"WEST TEMPLE`
GEORGE JORGENSEN, P.E. SALT LAKE CITY, UTAH 84115
CHIEF ENGINEER
TO: Salt Lake City Council DATE: April 11, 1989
RE: Interlocal Agreement between Salt Lake City Corporation and
the Salt Lake County Water Conservancy District
RECOMMENDATION: That the Council approve the agreement and forward
to the Mayor for execution by the City.
AVAILABILITY OF FUNDS: Not applicable.
DISCUSSION: The Salt Lake County Water Conservancy District has
constructed a pumping station at the Jordan Narrows. This pumping
station has been constructed near the pumping station of the Metro-
politan Water District of Salt Lake City and the pump being used by
the Provo River Water Users' Association. At this location there
are also diversions into the irrigation canals from the Jordan
River. This agreement spells out the conditions for operating that
Jordan Narrows pump station in such a way so as to not interfere
with existing uses.
Please return this agreement to the Public Utilities Office for
further processing after the Mayor has signed.
Submitted by:
kVC4-Aki)1400
LEROY W HOOTON, R.
Director
WEE:dt
RESOLUTION NO. _ OF 1989
AUTHORIZING THE EXECUTION OF AN
INTERLOCAL COOPERATION AGREEMENT
BETWEEN SALT LAKE CITY CORPORATION
AND
SALT LAKE COUNTY WATER
CONSERVANCY DISTRICT
WHEREAS, Title 11, Chapter 13, U.C.A. , 1953, as amended,
allows public entities to enter into cooperative agreements to
provide joint undertakings and services; and
WHEREAS, the attached agreement has been prepared to
accomplish said purposes;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake
City, Utah:
1 . It does hereby approve the attached agreement generally
described as follows:
An agreement between Salt Lake County Water
Conservancy District and the Associated Canal
Companies, the City and others to allow and control
Salt Lake County Water Conservancy District' s
pumping of water from the fore bay of the Turner Dam
located in the Jordan Narrows.
2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is
hereby authorized to execute said agreement on behalf of Salt
Lake City Corporation and to act in accordance with its terms.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1989 .
SALT LAKE CITY COUNCIL
By
CHAIRPERSON
ATTEST:
CITY RECORDER
RLM:rc
•
04/07/89
EXHIBIT C
OPERATING AGREEMENT FOR THE
SALT LAKE COUNTY WATER CONSERVANCY DISTRICT'S
JORDAN NARROWS PUMPING STATION
An agreement made and entered into this day of
, 1989 , by, between, and among the East Jordan
Irrigation Company, North Jordan Irrigation Company, South
Jordan Canal Company, Utah & Salt Lake Canal Company, each a
Utah corporation, (collectively "Associated Canals") ; the Provo
River Water Users Association, a Utah corporation,
( "Association") ; Salt Lake City, a municipal corporation of the
State of Utah, ( "City" ) ; Metropolitan Water District of Salt
Lake City, a body corporate and politic in the State of Utah,
( "Metropolitan") ; and the Salt Lake County Water Conservancy
District, a body corporate and politic in the State of Utah,
( "District") .
RECITALS
WHEREAS, Associated Canals and City are the owners of
the Turner Dam and have the right to divert and redivert Utah
Lake and Jordan River waters by means of the Turner Dam, the
Joint Diversion Dam and the North Jordan Diversion Dam; and
WHEREAS, Association and Metropolitan own and/or
operate two existing pumping stations which pump Utah Lake and
Jordan River waters from the forebay created by the .,urner Dam
pursuant to agreements with the Associated Canals and City; and
WHEREAS, District is purchasing shares of capital
stock in Associated Canals (except North Jordan Irrigation
Company) and Utah Lake Distributing Company and is purchasing
water rights from North Jordan Irrigation Company and Draper
Irrigation Company in Utah Lake and direct flow rights in the
Jordan River ; and
WHEREAS, District is constructing the Jordan Narrows
Pumping Station (the "Pump Station") , which will pump water from
the forebay created by the Turner Dam to divert the waters to
which District shall thereby be entitled from Utah Lake and the
Jordan River ; and
WHEREAS, Associated Canals and City consent to
District ' s utilization of the forebay created by the .Lurner Dam
for the operation of District ' s Pump Station, provided that such
operation does not interfere with the use of the Turner Dam by
Associated Canals and City to divert and regulate the Utah Lake
and Jordan River waters to which they are entitled and will not
interfere with prior existing contracts executed by Associated
Canals and City relating to the use of the Turner Dam; and
-2-
WHEREAS, the successful operation of District' s Pump
Station depends upon the cooperation of Associated Canals, City,
Metropolitan, and Association in accordance with the provisions
of the Operating Agreement.
NOW THEREFORE, in consideration of the foregoing, the
parties agree as follows:
1 . Governing Regulations. The storage of waters in and
release of waters from Utah Lake into the Jordan River are
governed by that certain Judgement entered March 8, 1985 ,
and that Supplemental Order entered June 7 , 1985 , (collec-
tively the "Judgement") , by the Fourth Judicial District
Court of Utah County, State of Utah, in the case of Utah
Lake Landowners Association v. Kennecott Corporation, Civil
No. 64770 and this Operating Agreement is intended to be
compatible with and is subject to said Judgement.
2 . Operation of the Turner Dam and District ' s Pump Station.
A. It is acknowledged that the waters to which District
shall be entitled under the stock ownership in
Associated Canals and Utah Lake Distributing Company
and water rights acquired from North Jordan Irrigation
Company and Draper Irrigation Company will entitle the
District to divert the waters represented thereby from
-3-
the Jordan River at the existing points of diversion by
means of the existing diversion facilities and that it
will be necessary for District to file and obtain the
final approvals of the necessary change applications by
the State Engineer or the Court on judicial review to
divert such waters from the Jordan River by means of
the Pump Station. It is further acknowledged that the
diversion of such water from the Jordan River by means
of the Pump Station constitutes a change in conditions .
District shall at all times operate its Pump Station in
such manner as will not materially lower the water
surface level of the forebay created by the Turner Dam
below that level which would otherwise exist without
the changed conditions and will not physically
interfere with the operations of the two existing
pumping stations of Metropolitan and Association.
B. District shall give 12-hour notice, or such other
notice as is required by the Utah Lake and Jordan River
Commissioner, or his designee, (the "Commissioner") for
all changes in flow rate required by District.
C. Winter/Non-Irrigation Season. When the Utah Lake level
is above compromise elevation during the non-irrigation
-4-
season, and the Commissioner has set the slide gates
and radial gates at the ..urner Dam to allow flows from
Utah Lake to pass through the ..urner Dam in accordance
with requirements of the Judgement, the parties hereto
agree that District may pump water from the Jordan
River during the non-irrigation season as the District ' s
water rights permit.
D. Emergency Changes in Flows. In the event that Acts of
God or other events beyond the control of District
require a change in pumping rate at the District ' s Pump
Station so that the required notice cannot be given,
District shall give immediate emergency notice to the
Commissioner, and District shall make the change as
required.
E. Natural Limitations. The parties acknowledge that on
occasion, natural events, such as a north wind which
may temporarily lower the forebay water surface levels
at the Turner Dam or at the Utah Lake Pump Station,
limit the ability of Associated Canals and City to
deliver water from Utah Lake to facilities of the
parties at the Turner Dam, or limit the ability of
Associated Canals and City to maintain normal operating
water surface levels at the Turner Dam. District shall
-5-
indemnify and hold harmless Associated Canals and City
from damages to District resulting from such natural
events and the resulting inability of Associated Canals
and City to deliver water from Utah Lake to the Turner
Dam or maintain normal operating water surface levels
at the Turner Dam as a result of such natural events.
3 . Conditions Precedent. The terms and conditions of this
Operating Agreement shall not become effective or binding
unless and until District purchases shares of capital stock
in Associated Canals (except North Jordan Irrigation
Company) and Utah Lake Distributing Company, water rights
from North Jordan Irrigation Company and Draper Irrigation
Company, and District obtains final approvals of necessary
change applications by the State Engineer or Court on
judicial review to divert waters by means of District' s Pump
Station.
4 . Records. District shall maintain records of the pumping
rates and water pumped through its Pump Station and shall
provide copies of such records to the Commissioner on or
about the first day of each month. The Commissioner shall
have access to all water measuring devices at District ' s
Pump Station at any time.
-6-
5 . Merger; Amendments. This agreement represents the entire
and integrated agreement among these parties regarding the
operation of the Turner Dam relating to District' s Pump
Station and supersedes all prior negotiations, representa-
tions or agreements, whether written or oral , concerning the
operation of the Turner Dam relating to the District' s Pump
Station.
This Operating Agreement may be amended only by written
instrument executed by the parties expressly referring to
this Operating Agreement.
In Witness Whereof the parties have executed this
agreement this day and year first set forth above.
East Jordan Irrigation Company
By: /
Its : '; 47
Date
North Jordan Irrigation Company
By:
-144.4fr
Its : 1 4/// ts 7
APPROVED AS TO FORM
id(i Lcla City Attorney's Offic.
-7 VbtO
South Jordan Canal Company
By: C��(;)6 .41
Its : C-2,12.,:.4,, ///��1
- 7�' Date
Utah and Salt Lake Canal Company
By:
Its : 7 /64f`lf 4l~/l-,'9
Date
Salt Lake City
By:
Its :
Date
Metropolitan Water District of SLC
By:
Its:
Date
7-8-
Provo River Water Users Association
By:
Its :
Date
Salt Lake County Water
Conservancy District
By:
Its:
Date
vm
-9-
SALT'-y k� b �T �IA RP�ORATION
FINANCE DEPARTMENT
di LANCE R. BATEMAN, CPA PUrOS1119,and-Property Management Division PALMER DEPAULIS
DIRECTOR OF FINANCE 324 SOUTH STATE STREET MAYOR
5TH-FLOOR
SALT LAKE't?Tv: UTAH 84111
PURCHASING (801) 535-7661 PROPERTY 535-7133
April 25, 1989
TO: SALT LAKE CITY COUNCIL
RE: APPROVAL OF CITY FRANCHISE ORDINANCE GRANTING TO CHEMOPHARM
LABORATORIES, INC. THE RIGHT TO CONSTRUCT AND OPERATE A
COMMUNICATIONS DUCT IN 400 WEST STREET, BETWEEN THEIR TWO
BUILDINGS AT 425 & 503 NORTH
RECOMMENDATION: Inasmuch as ChemoPharm Laboratories, Inc. has complied or will
comply with any and all conditions imposed by members of the development coordi-
nation team and whereas said franchise agreement has been prepared and approved
by the City Attorney's office, I therefore recommend that the City Council enact
the subject ordinance, thereby granting the franchise to ChemoPharm.
AVAILABILITY OF FUNDS: Not applicable.
DISCUSSION: ChemoPharm has petitioned (Petition 500-97) for this franchise
in order to establish electronic data communications between their two buildings
located on 400 West Street.
Those City departments affected by the subject ordinance have recommended
approval with the following conditions: (1) ChemoPharm and/or their contractor
must obtain all necessary permits and bonds; (2) The contractor must submit a
barricade plan which complies with the Salt Lake City Barricade Manual; (3)
Trenching and backfill must comply with City standards, and (4) ChemoPharm
must supply additional construction information to and coordinate construction
with Mr. George Jorgensen of the Department of Public Utilities.
ChemoPharm has agreed to comply with the above conditions and Engineering will
enforce such compliance at the time that working drawings and specifications
are submitted for required permits.
LEGISLATIVE DOCUMENT: Attached, for the Council's review and approval are
(1) original, (3) full copies, and (13) abbreviated copies of the referenced
Ordinance/Franchise Agreement, which will grant to ChemoPharm Laboratories the
right to construct, operate and maintain a communication duct in 400 West
Street.
Salt Lake City Council
April 25, 1989
Page 2
REVENUE: The franchise fee, payable to Salt Lake City Corporation, is
three hundred and eighty dollars ($380.00) per year.
CONTACT PERSON: If you have any questions or concerns with regard to this
ordinance, please direct them to Garth Coles, Real Property Agent, at
535-6447.
Submitted by:
inda Hamilton
Director of Finance
LH/DGC/bf
Enclosures
G/2/59
SALT LAKE CITY ORDINANCE
No. of 1989
(Granting Right to Construct to
ChemoPharm Laboratories, Inc. )
AN ORDINANCE GRANTING TO CHEMOPHARM LABORATORIES, INC. , A
UTAH CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND
PRIVILEGE TO CONSTRUCT, ERECT, OPERATE, AND MAINTAIN OVER AND
UNDER THE FOLLOWING-DESCRIBED CITY STREETS, ALLEYS AND PUBLIC
WAYS, WIRES, CABLES, AND UNDERGROUND CONDUITS, IN CONNECTION WITH
ITS TELECOMMUNICATION BUSINESS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . Definitions. For purposes of this ordinance the
following terms, phrases, words, abbreviations and their
derivations shall have the same meaning given herein. When not
inconsistent with the context, words used in the present tense
include the future; words in the plural number include singular
number; and words in the singular number include the plural . The
word "shall" is always mandatory and not merely directory.
A. "City" shall mean Salt Lake City Corporation, a
municipal corporation of the State of Utah.
B. "Mayor" shall mean the existing or succeeding chief
administrative officer of the City, or his designate.
C. "Council" shall mean the present legislative governing
body of the City or any successor.
D. "City Attorney" shall mean the chief legal officer of
the City.
E. "Director of Finance" shall mean the chief financial
officer of the City.
F. "Director of Public Works" shall mean the director of
public works of the City.
G. "Person" shall mean any person, firm, partnership,
association, corporation, company or organization of any kind.
H. "Applicant" shall mean any person submitting an
application to the City for a franchise to operate a telecommuni-
cations line across the street to another building as part of
Applicant ' s business within the city using city streets or other
city property for the installation and operation of its
facilities under the conditions set forth hereunder.
I . "Grantee" shall mean the person to whom or to which a
franchise as hereinbefore and hereafter defined is granted under
this ordinance or anyone who succeeds the person in accordance
with the provisions of this franchise.
J. "Gross receipts" shall mean all revenue derived
directly or indirectly by Grantee, its affiliates, subsidiaries,
and any person in which Grantee has a financial interest from or
in connection with the operation of telecommunication lines
systems within the City, with no deductions whatsoever.
K. "Street" shall mean the surface of and the space above
and below any public street, road, highway, freeway, lane, path,
public way, or place, alley, court, boulevard, parkway, drive or
other easement now or hereafter held by the City for the purpose
of public travel and shall include other easements or rights of
-2-
way as shall be now held or hereafter held by the City which
shall, within their proper use and meaning, entitle the City and
Grantee to the use thereof for the purposes of installing or
transmitting said system transmissions over poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers, appli-
ances, attachments, and other property as may be ordinarily
necessary and pertinent to such system.
L. "Subscriber" shall mean a purchaser of any telecom-
munication service delivered over the Grantee' s facilities to an
individual dwelling unit or business within the City limits.
SECTION 2. Grant of Franchise Authority. City hereby
creates the right, privilege, and franchise for ChemoPharm
Laboratories, Inc. , hereinafter Grantee, to construct, operate,
and maintain a telephone and/or telecommunications system in the
streets of Salt Lake City, described in Exhibit "A" attached,
subject to the conditions and restrictions as hereinafter
provided. The term of the franchise shall be ten ( 10) years from
the date hereof.
SECTION 3. Franchise Payments. A. Grantee herein shall
pay annually to the City for the use of the streets and other
facilities of the City in the operation of its system in the
City, and for the municipal supervision thereof during the life
of this franchise the greater of either:
1 . The sum of THREE HUNDRED EIGHTY AND NO/100 DOLLARS
( $380.00) with the initial payment due and tendered
concurrent herewith. Thereafter, said payment shall be due
-3-
on or before the anniversary date hereof during the term
hereof. On each successive anniversary date, hereinafter
"Due Date" , the annual franchise payment shall be increased
by the same percentage increase, if any, in the Consumer
Price Index herein specified for the preceding twelve month
period ending the last day of December. The Consumer Price
Index unit for this purpose shall be the U. S. City Average
Geographic Index for the components including "all urban
consumers" based on "all items" as published for said month
by the Bureau of Labor Statistics of the federal government.
If publication of said Consumer Price Index should cease,
such annual percentage increase shall be determined by
reference to such similar index as shall replace it, or as
agreed upon by the parties.
2. To the extent Grantee competes with Mountain Bell
Telephone Company by providing intraexchange service within
the Salt Lake City local calling area (as defined by
Mountain Bell ' s tariff on file with the Utah Public
Utilities Commission) or otherwise derives local exchange
service revenues, as defined in Section 20-3-14(b) of Salt
Lake City Ordinances, (or any successor section thereto) ,
from furnishing services from within Salt Lake City, Grantee
shall pay City a sum of six percent ( 6% ) for the annual
gross receipts per annum of Grantee from all revenue
received by providing such intraexchange or basic local
exchange service. In the event that such services are not
-4-
provided or do not exceed the sum set forth in subparagraph
1 hereof annually, Grantee shall pay the sum set forth
therein annually, which amount approximates the fair rental
value of the property. Grantee shall annually provide the
City a certificate evidencing whether its revenue from the
preceding year exceeded the approximate fair rental value of
the property, as specified above.
B. Such annual payments shall be made to Salt Lake City
Corporation and sent to City' s Property Manager at City and
County Building, Third Floor, Salt Lake City, Utah 84111, unless
notified of change of address in writing by the City. All
payments shall be made annually on or before said Due Date. A
delinquency penalty charge of ten percent ( 10%) of the annual
payment shall be assessed on any payment not received by the City
by the Due Date. Failure to make the annual payment and penalty
charges within thirty (30) days of whichever Due Date is
applicable above shall constitute breach of the terms of this
Agreement and constitute just cause for termination hereof prior
to the expiration of the current term, and such unpaid amount
shall bear interest until paid at the rate of an additional ten
percent ( 10% ) per annum until paid.
C. In the event the franchise should be terminated or
forfeited prior to the end of the basic ten ( 10) year term,
Grantee shall immediately submit to the City a financial
statement prepared as before required, showing the gross receipts
of Grantee for the time elapsed since the last period for which
-5-
Grantee has paid to the City the required percentage of gross
annual receipts, and Grantee shall pay to the City not later than
thirty (30) days following the termination of the franchise, a
like percentage of such gross receipts and/or any other sums
legally due and owing to the City.
D. The City shall have the right to inspect the Grantee ' s
records showing the gross receipts from which its franchise
payments are computed and shall have the right of audit and
recomputation of any and all amounts paid under the franchise.
No acceptance of any payment by the City shall be construed as a
release of or an accord or satisfaction of any claim the City
might have for further or additional sums payable under the terms
of this ordinance or for any other performance or obligation of
Grantee hereunder.
SECTION 4. Insurance. A. Within thirty (30) days after
the granting of this franchise and at all times during the term
of this franchise, Grantee shall obtain, pay all premiums for,
and file with the City Director of Finance executed duplicate
copies and receipts evidencing the payment of premiums for the
following:
1. A general comprehensive public liability insurance
policy indemnifying, defending, and saving harmless Grantee,
its officers, boards, commissions, agents, or employees,
with the City as an additional named insured, from any and
all claims by any person whatsoever on account of injury to
or death of a person or persons occasioned by the operations
-6-
of the Grantee under franchise herein granted or alleged to
have been so caused or occurred with a minimum liability of
$250, 000 per personal injury or death of any one person and
$500, 000 for personal injury or death of any two or more
persons in any one occurrence and $100, 000 for property
damage in any one occurrence.
B. The Grantee shall furnish concurrent with the issuance
of this franchise a certificate of insurance verifying said
coverage. Such insurance as provided for in this section shall
be kept in full force and effect by Grantee during the existence
of and until after the removal of all poles, wires, cables,
underground conduits, manholes, and other conductors and fixtures
incident to the maintenance and operation of the system as
defined in the franchise. The Grantee will furnish appropriate
certificates to City certifying such coverage.
C. All of the foregoing insurance contracts shall be in
form satisfactory to the City Attorney and shall be issued and
maintained by companies authorized to do business in the State of
Utah and acceptable to the City' s Director of Finance and they
shall require thirty (30) days' . written notice of any cancel-
lation to both the City and Grantee herein.
SECTION 5. Performance Bond. A. Grantee shall within ten
( 10 ) days after the franchise becomes operative, execute to the
City with good and sufficient securities, a bond to be approved
by the City Attorney in the sum of $10, 995.00, conditioned upon
the faithful performance and discharge of the obligations imposed
-7-
by this Ordinance from the date thereof and shall pay all
premiums to keep it in force and effect for a minimum of two
years or until such time as construction is complete, whichever
occurs last. Upon completion of seventy-five percent ( 75% ) of
the system, as certified by the Director of Public Works to the
City Council, the amount of the bond may be reduced to the sum of
$5, 500.00 for one year thereafter.
B. The bond shall contain a provision that it shall not be
terminated or otherwise allowed to expire without thirty ( 30 )
days prior written notice to the City.
C. The bond shall be in a form satisfactory to the City
Attorney, and a duplicate copy of it, along with written evidence
of payment of the required premiums, shall be filed with the
City' s Director of Finance during the term of the franchise.
SECTION 6. Indemnity. Grantee shall at its sole cost and
expense fully indemnify, defend, and save harmless the City, its
officers, agents, and employees against any and all claims,
suits, actions, liability, and judgments for damage, including
City' s attorney' s fees, arising out of the Grantee' s acts,
omissions or the operation of the Grantee' s business under this
franchise. These damages or penalties shall include but shall
not be limited to damages arising out of installation, operation
or maintenance of the system authorized herein, whether or not
any act or omission complained of is authorized, allowed, or
prohibited by the franchise.
-8-
SECTION 7 . Books and Records of Grantee. A. Grantee shall
file with the City' s Directors of Public Works and Public
Utilities a copy, true and accurate, of maps and/or plats of all
existing and proposed installations upon the streets. These maps
and plats shall conform to the requirements of the City' s
Directors of Public Works and Public Utilities and shall be kept
continuously up-to-date.
B. All books and records of Grantee concerning its
operation in connection with or related to its said telecommuni-
cation line shall be made available for inspection and audit by
City' s Director of Finance or his designate within ten ( 10) days
after any request for such inspection or audit shall be made.
C. Copies of all rules, regulations, terms, and conditions
established by Grantee for its operation under this franchise
shall be filed with the City Attorney.
SECTION 8. Conditions of Street Occupancy. A. All
transmissions and distribution structures, lines, and equipment
erected by Grantee within the city shall be so located as to
cause minimum interference with the proper use of streets, and to
cause minimum interference with the rights and reasonable con-
venience of property owners who join any of said streets. The
system shall be constructed and operated in compliance with all
City, state and national construction and electrical codes and
shall be kept current with new codes as required.
B. Except when absolutely necessary to service a
subscriber and not simply because it shall be more convenient,
-9-
economical, or profitable for Grantee to so operate, and then
only when expressly permitted in writing by the City' s Director
of Public Works, under such conditions as he shall prescribe for
the public welfare, Grantee shall not erect, authorize, or permit
others to erect any poles or facilities within the streets of the
City for the conduct of its system but shall use the existing
poles and other equipment of the appropriate electrical power and
telephone and other utility companies under such terms and
agreements as the Grantee negotiates with these companies. The
City shall cooperate with Grantee in negotiating and obtaining
permission to use such facilities.
C. No poles, cables, equipment, or wires for construction,
maintenance and operation of the system shall be installed or the
installation thereof commenced on any existing pole within the
city until the proposed location, specifications and manner of
installation of such cables, equipment, and wires shall have been
set forth upon a plot or map showing the existing poles, streets,
alleys, or highways within the city where such installations are
proposed and submitted in writing by Grantee to City' s Director
of Public Works and approved by that department in writing. . Such
approval or disapproval with the reasons therefor, shall be given
in writing to Grantee within a reasonable period of time.
D. Should the Grantee be required in the conduct of its
business to locate property within the streets of the city other
than property which may be attached to utility poles, then in
that event, before Grantee shall install or shall permit any
-10-
other parson to install for Grantee any of such property in the
street, the nature of such property shall be disclosed to the
City' s Director of Public Works for his approval as to the need
thereof and as to the location within the street and only
installed under such conditions as he and the Director of Public
Utilities shall prescribe concerning such location or
installation.
E. Whenever the City or State shall require the relocation
or reinstallation of any property of the Grantee in any of the
streets of the city, it shall be the obligation of Grantee upon
notice of such requirement to immediately remove and relocate or
reinstall such property as may be reasonably necessary to meet
the requirements of the City or State. Such relocation, removal
or reinstallation by the Grantee shall be at the sole cost of
Grantee.
F. Whenever in any place within the city, all the electric
and telephone utilities shall be located underground, it shall be
the obligation of the Grantee to locate or to cause its property
to be located underground within such places, however it is the
policy of the City to have the maximum amount, if not all, cable
possible underground and the City may direct Grantee to install
cables underground when either electric or telephone lines exist
underground. If the electric utilities or telephone utilities
shall be located underground in any place within the city after
Grantee shall have previously installed its property, neverthe-
less, Grantee shall at the same time or immediately thereafter
-11-
remove and relocate its property also underground in such places.
In areas of the city where utilities are underground, Grantee may
locate certain equipment above ground upon a showing of necessity
to and approval by the City' s Director of Public Works.
Facilities of the Grantee placed underground at the property
owner' s request in an area where electric utilities or telephone
utilities are aerial shall be installed with the additional
expense paid by the property owner.
G. Grantee shall have the authority to trim trees over-
hanging the streets of the city so as to prevent the branches of
such trees from coming in contact with Grantee' s wires and cable.
All such trimming on City property shall be done under the
direction of the City and at the expense of Grantee.
H. In case of disturbance of any street caused by Grantee,
the Grantee shall at its own cost and expense and in a manner
approved by the City's Director of public works replace and
restore such street in as good a condition as before the work
involving such disturbance was done. Prior to commencing work in
the public way , Grantee will make application for a permit to
work in the public way from the office of the City Engineer.
Grantee will abide by all regulations and requirements of the
City Engineer for such works.
I. Grantee shall maintain, repair, and keep in good
condition, to the satisfaction of City Engineer, for a period of
one year following such disturbance, all portions of a sidewalk
or street disturbed by it or its agents.
-12-
J. Grantee shall on the request of any person holding a
building moving permit issued by the City temporarily raise or
lower its wires to permit the moving of such building. The
expense of such temporary removal or raising or lowering of the
wires shall be paid by the person requesting the same and Grantee
shall have the authority to require such payment in advance.
Grantee shall be given not less than forty eight ( 48) hours '
advance notice to arrange for such temporary wire changes. In
the event of a disagreement between Grantee and a holder of a
permit, such disagreement will be resolved by the City' s Director
of Public Works.
K. If at any time in case of fire or disaster in the city
it shall become necessary in the judgment of the Mayor or the
Chief of the Fire Department to cut or move any of the wire
cables, appliances or other fixtures of Grantee, this may be done
and the repairs thereby rendered necessary shall be made by
Grantee, at its own cost and expense and without charge against
the City.
L. Grantee' s work, while in progress, shall be properly
protected at all times with suitable barricades, flags, lights,
flares, or other devices as are reasonably required by City
regulation or ordinance or state law to protect all members of
the public having occasion to use the portion of the streets
involved, or adjacent property.
SECTION 9. Initial System Installation. Within thirty ( 30 )
days after the acceptance of the franchise, the Grantee shall
-13-
proceed with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of its business,
including but not limited to any utility joint use agreements,
and any other permits and authorizations to be granted by duly
constituted regulatory agencies having jurisdiction over the
operation of the system.
SECTION 10. Type and Capacity of Equipment to Be Installed.
Grantee shall specify in its proposal the type and capacity of
the equipment to be installed and Grantee shall advise the City ' s
Director of Public Works of any changes in this section of its
proposal. No changes in the type and capacity of equipment to be
installed shall be allowed unless such change is at least equal
to or better than that proposed by Grantee in its application.
SECTION 11. Operation Standards. The system shall be
installed and maintained in accordance with the highest accepted
standards of the industry to the end that the subscriber may
receive the highest and most desirable form of service.
SECTION 12. Supervision by the City. A. Grantee shall
construct, operate and maintain the system subject to direction
from all of the authorities of the City who have jurisdiction in
such matters and in strict compliance with all laws, ordinances,
and departmental rules and regulations.
B. The system and all parts thereof shall be subject to
the right of periodic inspection by the City.
SECTION 13. Grantee' s Duty to Remove Its Properties from
the Public Streets. A. Following Grantee's commencement of
-14-
service through and over its system, Grantee shall promptly
remove from the public streets where its properties are located
all or any part of the facilities so located when one or more of
the following enumerated conditions occur:
1. Grantee ceases to operate the system for a
continuous period of six ( 6) months from the date of said
cessation, except when the cessation of service is a direct
result of a natural or man-made disaster.
2. Grantee fails to construct said system as herein-
above and hereinafter provided.
3. The franchise is terminated or revoked pursuant to
notice as provided herein.
B. Grantee shall be entitled to receive notice in writing
from the City setting forth one or more of the occurrences
hereinabove enumerated or such other occurrence hereinbefore or
hereinafter provided and shall have ninety ( 90) days from the
date upon which said notice is received to remove such properties
as hereinabove required.
SECTION 14. Operational Reports. Grantee shall furnish the
City' s Director of Public Works with progress reports indicating
in detail the area of construction of the system. Such periodic
reports shall be furnished at three-month intervals, the first
report to be made three ( 3) months after the construction
commencement date.
SECTION 15. Removal of Facilities Upon Request. Upon
termination of service to any subscriber, Grantee shall promptly
-15-
remove all of its facilities and equipment from the premises of
such subscriber upon his written request. Such removal shall be
at no cost to the subscriber.
SECTION 16. Compliance with State and Federal Laws . The
Grantee shall at all times comply with all laws and ordinances of
the City, the State of Utah, and the federal government or any
administrative agency thereof.
SECTION 17. Filing Communications with Regulatory Agencies.
Copies of all petitions, applications and communications sub-
mitted by the Grantee to the Federal Communications Commission,
Securities and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to
any matter affecting operation, as it specifically applies to the
City, shall also be submitted simultaneously to the City by
filing the same with the City Attorney.
SECTION 18. Restrictions Against Assignment. A. This
franchise shall not be assigned or transferred either in whole
or in part or leased, sublet or mortgaged in any manner, nor
shall title thereto, either legal or equitable, or any right,
interest or property therein pass to or vest in any person either
by the act of Grantee or by operation of law without the prior
written consent of the City, which consent shall not be withheld
unreasonably. The granting, giving, or waiving of any one or
more of such consents shall not render unnecessary any subsequent
consent or consents.
-16-
B. The consent or approval of the City to any assignment,
lease, transfer, sublease, or mortgage of the franchise shall not
constitute a waiver or release of the rights of the City in and
to the streets.
C. Nothing in this section shall be deemed to prohibit a
mortgage or pledge of the system equipment of any part thereof or
a leasing by the Grantee from another person of said system
equipment or part thereof for financing purposes or otherwise.
Any such mortgage, pledge, or lease shall be made only with the
prior approval of the City and shall be subject and subordinate
to the rights of the City under this ordinance or applicable law.
SECTION 19. Revocation of Franchise. A. In addition to
all of the rights and powers reserved or pertaining to the City,
the City reserves as an additional and as a separate and distinct
power the right to terminate the franchise and all rights and
privileges ' of the Grantee hereunder in any of the following
events or for any of the following reasons:
1. Grantee shall by act or omission violate any term
or condition of this ordinance and shall within thirty ( 30 )
days following written demand by the City to effect such
compliance fail to do so.
2. Any provision of this ordinance shall be finally
adjudged by a court of law invalid or unenforceable and the
City Council further finds that such provision constitutes
at that time a consideration material to the continuance of
the franchise herein granted.
-17-
3. Grantee becomes insolvent, unable, or unwilling to
pay its debts or is adjudged a bankrupt or all or part of
Grantee' s facilities should be sold under an instrument to
secure a debt and are not redeemable by Grantee within
thirty ( 30 ) days from said sale.
4. Grantee attempts to or does practice any fraud or
deceit in its conduct or relations under the franchise with
the City or subscribers or potential subscribers.
B. No revocation shall be effected unless or until City
Council shall have adopted an ordinance setting- forth the cause
and reasons for the revocation and the effective date thereof.
Such ordinance shall not be adopted without thirty (30) days '
notice prior thereof to Grantee and an opportunity for Grantee to
be heard upon the proposed action of said proposed ordinance. In
the event such an ordinance is adopted and said ordinance depends
upon a finding of fact, such finding of fact as made by the City
Council after the hearing provided for shall be conclusive.
C. The Grantee shall not be declared in fault or be
subject to any sanction under any provision of this ordinance in
any case in which performance of any such provision is prevented
for reasons totally beyond its control.
SECTION 20. Grantee to Have No Recourse. A. Except as
expressly provided in this franchise, Grantee herein shall have
no recourse whatsoever against the City for any loss, cost, or
expenses or damage arising out of the provisions or requirements
of the franchise or because of the enforcement thereof by the
-18-
City nor for the failure of the City to have the authority to
grant all or any part of the franchise.
B. Grantee expressly acknowledges that upon accepting a
franchise, it does so relying upon its own investigation and
understanding of the power and authority of the City to grant the
franchise.
C. Grantee, by acceptance of the franchise, acknowledges
that it has not been induced to enter into the franchise by any
understanding or promise or other statement whether verbal or
written by or on behalf of the City or by any other third person
concerning any term or condition of the franchise not expressed
herein.
D. Grantee further acknowledges by acceptance of the
franchise that it has carefully read the terms and conditions
hereof and is willing to and does accept all of the risks of the
meaning of such terms and conditions and agrees that in the event
of any ambiguity therein or in the event of any other dispute
over the meaning thereof, the same shall be construed strictly
against the Grantee and in favor of the City.
SECTION 21. Failure of City to Enforce the Franchise. No
Waiver of the Terms Thereof. Grantee shall not be excused from
complying with any of the terms and conditions of the franchise
by any failure of the City upon any one or more occasions to
insist upon or to seek compliance with any such terms or
conditions.
-19-
SECTION 22. Time is of Essence to this Agreement. Whenever
this franchise shall set forth any time for any act to be
performed by or on behalf of Grantee, such time shall be deemed
of the essence and any failure of the Grantee to perform within
time allotted shall always be sufficient grounds for the City to
revoke the franchise.
SECTION 23. Grantee Will Not Contest Validity of Franchise.
The Grantee agrees by the acceptance of the franchise that it
will not at any time set up against the City in any claim or
preceding any condition or term of the franchise as unreasonable,
arbitrary, or void or that the City had not power or authority to
make such term or condition, but shall be required to accept the
validity of the terms and conditions of the franchise in their
entirety.
SECTION 24. Rights Reserved to the City. A. Without
limitation upon the rights which the City might otherwise have,
the City does hereby expressly reserve the following rights,
powers and authorities:
1. To exercise its governmental powers now or
hereafter to the full extent that such powers may be vested
in or granted to the City.
2. To grant additional franchises within the city to
other persons for the conduct of telephone and telecommuni-
cation services under any conditions whatsoever acceptable
to the City, notwithstanding the same might later be alleged
to be more favorable than the rights granted herein.
-20-
3. To exercise any other rights powers, or duties
required or authorized, the City under the Constitution of
the State of Utah, the laws of Utah, or the City ordinances.
SECTION 25. Extension of City Limits. Upon the annexation
of any territory to the City, the right and franchise hereby
granted shall extend to the territory so annexed to the extent
the City has authority; and all facilities owned, maintained, or
operated by the Grantee located within, under, or over streets of
the territory so annexed shall thereafter be subject to all terms
hereof.
SECTION 26. Effective Date. This Ordinance shall take
effect upon the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1989.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to Mayor on
Mayor' s Action: Approved. Vetoed.
MAYOR
-21-
ATTEST:
CITY RECORDER
STATE OF UTAH )
ss.
County of Salt Lake )
On , personally appeared before
me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by me
duly sworn, did say that they are the MAYOR and CITY RECORDER,
respectively, of SALT LAKE CITY CORPORATION, a municipal
corporation of the State of Utah, and said persons acknowledged
to me that said corporation executed the same.
NOTARY PUBLIC, residing in
Salt Lake County, Utah
My Commission Expires :
The foregoing franchise, upon its enactment, is
acknowledged and accepted by CHEMOPHARM LABORATORIES, INC. , a
Utah corporation, this day of , 1989 .
f {�
By •k/Lr� /
Ti l
1
t,
ATTEST:
-ale: 7 -22-
STATE OF UTAH )
. ss.
County of Salt Lake )
On the 25th day of APRIL , 1989, personally
appeared before me ALFRED H. LIEBER and
KEVIN A. BODILY , who, being by me duly
sworn, did say that they are the PRESIDENT and
CONTROLLER CHEMOPHARM LABORATORIES, INC. , a Utah
corporation, and that the foregoing instrument was signed in
behalf of said corporation by authority of a resolution of its
board of directors (or bylaws) ; and said persons acknowledged to
me that said corporation executed the same.
WetPUBLIC, residing in
Salt Lake County, Utah
My Commission Expires:
0.Ad-- ,"-•/ ; (9 9
RLM:rc
-23-
EXHIBIT "A"
A Right, granted under franchise, to construct, operate and
maintain a communications duct within a 10 foot strip of land
being 5 feet each side of the following described centerline:
Beginning at a point on the west right-of-way line of 400 West
Street (a 132 foot right-of-way) , said point being North 5. 0
feet from the SE Corner of Lot 1, Block 134, Plat A, Salt Lake
City Survey; and running thence East 38.37 feet along a line
parallel to the north right-of-way line of 500 North Street;
thence South 555.0 feet along a line parallel to the west right-
of-way line of 400 West Street; thence West, along a line
parallel to the north right-of-way line of 400 North Street,
33 .37 feet to the west right-of-way line of 400 West Street,
Salt Lake City, Utah.
RLM: rc
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DEPARTMENT OF DEVELOPMENT SERVICES
ROSEMARY DAVIS Capital Planning and Programming
DIRECTOR 324 SOUTH STATE STREET, ROOM 240
SALT LAKE CITY, UTAH 84111
535-7902
DATE: May 4, 1989
TO: City Council
FROM: Bob Buchanan, Capital Planning and Programming Division
SUBJECT: Compeq International Co. Industrial Development Bond
The application for issuance of development bonds for Compeq
International has been analyzed and the findings are summarized
here for your consideration:
Description of project:
Development of a printed circuit board and electronic products
manufacturing facility including the acquisition of land,
construction of a 140, 000 square foot building and purchase of
equipment.
Amount of Industrial Revenue Bond request: $9,3000,00
First year Five years
Total capital investment: $15, 000,000 $25,000, 000
Property tax benefit to City: $233,600 $398, 000
Employment profile:
Executive/manager 30 59
Professional 0 0
Skilled 17 300
Unskilled 138 81
Office/clerical 21 36
Service/sales 17 150
TOTAL 223 626
Local payroll expansion: $3,500,000 $10,000,000
Estimated gross sales : $10, 174 , 800 $54,388,000
Sales tax benefit to the City: $0 $0
Extraordinary fiscal impacts:
Utilities and infrastructure none none
Services none none
It appears that a net positive economic impact can be expected
from the development of the Compeq facility. The property tax
benefit to the City will exceed maintaining and depreciating
infrastructure and service costs . The local payroll expansion
will also provide additional indirect revenues to the City
through increased consumer purchases .
The Incentive Review Committee has recommended approval of the
bond application and the departmental reviews have found no
adverse impacts . It is recommended by this Division that the
application be approved.
'_
•
, E ,
SAI;I`I LAKE, 2TYT , RP y I;ONJ
DEPARTMENT OF PUBLIC WORKS
JOSEPH R. ANDERSON 324 SOUTH STATE STREET PALMER DEPAULIS
PUBLIC WORKS DIRECTOR SALT LAKE CITY, UTAH 84111 MAYOR
535-7775
TO : SALT LAKE CITY COUNCIL DATE : APRIL 14 , 1989
RECOMMENDATION :
That the City Council adopt a resolution amending Title 14 , and
deleting Chapter 18 . 60 of the Ordinances of Salt Lake City .
AVAILABILITY OF FUNDS :
There is no commitment of City funds . Some of the permit fees
are being adjusted to more equitably reflect the cost of
providing review and inspection of work within the public way .
However , there should be no significant change in the net
revenue .
DISCUSSION :
The current ordinances has been somewhat confusing and
inconsistent. For example , certain statements which should only
apply to digging in the streets apply to all other aspects of
working in the public way.
Also , related paragraphs are duplicative , and separated by
unrelated paragraphs . In Title 14 , the first , fourth , sixth , and
eighth chapters deal with permitting and enforcement of
construction within the public right of way . The third , fifth ,
and seventh chapters deal with legal uses of the sidewalks and
streets .
The proposed revision consolidates similar sections and places
them in articles for : 1) General - those items which apply to
all work in the public way , such as insurance requirements . 2)
Occupying the public way - those who need to block the street or
sidewalk , but are not doing any actual construction on the public
facilities , such as using the sidewalk for a staging area . 3)
Installation or modification of public improvements - the
construction or replacement of curb , gutter , sidewalk , driveways ,
or other facilities in the public way. 4) Excavation in the
public way - digging , backfilling , and patching the street or
other surfaces in the public way , such as installation or repair
of utilities , and 5) Storm drainage facilities and related
regulations .
Paragraphs that have been deleted are mostly redundant or no
longer apply. Chapter 18 . 60 should have been deleted several
years ago when the responsibility for sidewalk barricades was
transferred from Building and Housing Services to Engineering.
The intent of that chapter is duplicated in 14 . 32 .
Chapter 14 . 04 has also been deleted . This chapter requires the
city to be totally liable for every sidewalk related injury if
any city employee was aware of a defect. It also presents a
conflict in that it limits permit fees to $50 ; yet subsequent
sections require the engineer to charge higher fees .
Two incentive programs are included to promote better restoration
of utility cuts . Those incentives include a slight break in
permit fees for those companies which cooperate in decreasing the
number of extra site visits city inspectors must make. The
regular permit fees have been adjusted upward to compensate for
the lost revenue due to the incentive programs .
SUBMITTED BY: JOSEPH R. ANDERSON, PUBLIC WORKS DIRECTOR A
JRA: LRR
14.28.060
any such street for more than five minutes after 14.32.220 Tampering with traffic
being requested to do so by any police officer or barricades.
citizen. (Prior code § 41-2-6) 14.32.230 Relocation of structures in
public ways.
14.32.240 Emergency work.
Chapter 14.32 14.32.250 Hold harmless agreement.
1432.260 Liability limitations.
EXCAVATIONS AND OBSTRUCTIONS 14.32.270 Obstructing public ways
prohibited.
Sections: 1432.280 Work without permit—Penalty.
1432.010 Definitions. 14.32.290 Violation—Penalty.
14.32.020 Permit—Required for certain
work. 1432.010 Definitions.
1432.030 Permit—For scaffold or As used in this chapter
staging over public way. A. "Applicant"means any person who makes
1432.040 Permit—Application
application for a permit.
requirements. B. "City" means Salt Lake City, a municipal
1432.050 Permit—Eligible persons.
1432.060 Permit—Review and inspection corporation of the state.
fees. C. "Emergency" means any unforseen cir-
1432.070 Alternate fees—One-year cumstance or occurrence, the existance of which
permits. constitutes a clear and immediate danger to per-
1432.080 Additional charges authorized sons or property,or which causes interruption of
when. utility services.
1432.090 Insurance requirements. D. "Engineer"means the city engineer,or his
1432.100 Bond—Required when. or her authorized representative.
1432.110 Bond—Conditions. • E. "Engineering regulations," "construction
1432.120 Default in performance. specifications," and "design standards" mean
1432.130 Completion time—City to the engineering regulations,construction specifi-
perform work when—Costs. cations and design standards of the city engineer.
14.32.140 Starting work before permit F. "Obstruction" means any rubbish. glass.
issuance. material, wood, ashes,tacks, metal,earth, stone,
1432.150 Permit—Contents—Duration structure, or other object. thing or substance of
and extensions. any kind which may interfere with or obstruct
1432.160 Permit—Extension fees. the free use of view of the public way by travelers.
1432.170 Restoration fees.
1432.180 Permit—No transfer or or injure or tend to injure or. destroy or render
assignment. unsightly the surface of a public way, or which
1432.190 Permit—Suspension or may cause or tend to cause such public way to
revocation—Stop orders. become restricted in its traffic uses or unsafe or
1432.200 State highway permits. dangerous for travelers thereon.
1432.210 Compliance with G. "Permittee" means any person who has
specifications, standards and been issued a permit and has agreed to fulfill the
traffic-control laws. requirements of this chapter.
513
14.32.020
the general public shall be provided at all times - 1. Contractors licensed by the state as general
that any work or storage of material is being contractors;
accomplished under this permit. (Prior code § 2. Public utility companies; or
41-5-2) 3. Property owners performing less than five
hundred square feet or one hundred linear feet of
14.32.030 Permit—For scaffold or staging sidewalk, curb and gutter,or driveway approach
over public way. work upon a portion of the public way adjacent
It is unlawful for any person to erect, build, to their residence.
maintain,swing or use any scaffold. ladder,stag- B. However,it shall be lawful for a city or state
ing crane or any other mechanical device or employee to perform routine maintenance work.
equipment of any description over or upon the not involving excavations, without first having
public way without first obtaining a permit for obtained a permit therefor. (Prior code § 41-5-6)
that purpose and paying the fee for such permit.
No fee shall be charged for scaffolding or staging 1432.060 Permit—Review and inspection
done behind an approved barricade fence.(Prior fees.
code § 41-5-3) A. The engineer shall charge, and the city
treasurer shall collect,upon issuing a permit,the
14.32.040 Permit—Application requirements. following fees, for review of the application and
A. Each and every person desiring to perform site inspection of the work:
any work of any kind described in Section 1. Excavation.
14.32.020, or its successor, subject to regulation a. $0.15 per square foot— Hard-surfaced;
by this chapter, in a public way within this city, b. $0.10 per square foot—Other.
•
shall make application for a permit. Such •
application shall be filed with the engineer on a Minimum Charge. April 1— November 16—
November 15 March 31
form or forms to be furnished by the engineer.
B. When necessary in the judgment of the Hard-surfaced S70.00 S105.00
engineer to fully determine the relationship of Other Sas.00 S65.00
the work proposed to existing or proposed facili-
ties within the public ways, or to determine 2. Sidewalk, Curb and Gutter, and/or Drive-
whether the work proposed complies with the way Approaches.
engineering regulations, construction specifica- a. Curb and gutter, $1.00 per lineal foot;
tions and design standards, the engineer may b. Sidewalk, driveway approach, $0.15 per
require the filing of engineering plans, specifica- square foot.
tions and sketches showing the proposed work in
sufficient detail to permit determination of such Minimum Charge. April 1— November 16—
November 15 March 31
relationship or compliance, or both. and the
application shall be deemed suspended until S70.00 S105.00
such plans and sketches are filed and approved.
- (Prior code § 41-5-4) c. For in-kind replacement of existing side-
walk, curb and gutter. or driveway approach. a
1432.050 Permit—Eligible persons. no-charge permit will be issued.
A. No person shall be eligible to apply for or 3. Storm Sewers.Storm sewers.$1.75 per lin-
receive permits to do work within the public eal foot($70.00 minimum charge)in addition to
ways of the city, save and except the following: excavation fees.
515
14.32.090
whether or not the excavation has been filled or be increased or decreased, in the discretion of the
resurfaced and whether or not the surface has engineer, whenever it appears that the amount
been opened to public travel; and cost of the work to be performed, and not
2. To indemnify, save harmless and defend satisfactorily completed, may vary from the
the city from any and all liability for the city's amount of bond otherwise required under this
own negligence occurring by reason of such chapter.
opening or excavation. This indemnification B. Public utilities franchised by the city, and
agreement covering the city's liability for its own property owners performing work adjacent to
negligence shall not apply to injuries or damages their residences, shall not be required to file a
sustained while city employees are present at the corporate surety bond,provided such companies
excavation pouring cement or asphalt therein; or persons agree to be fully bound by the condi-
3. To indemnify, hold harmless, and defend tions set forth in Section 14.32.110 of this chap-
the city and its officers and employees against ter, or its successor. (Prior code § 41-5-19)
any claim or loss, damage or expense sustained
on account of damages occurring by reason of
failure to maintain proper barricades and/or 14.32.110 Bond—Conditions.
lights as required from the time of the opening of A. The bond required by Section 14.32.100,
the excavation until the excavation is surfaced or its successor, shall be conditioned that the
and opened for travel; person making the excavation shall:
4. Naming the city as an additional insured, 1. Fully comply with the requirements of the
and providing that thirty days' notice shall be city ordinances and the regulations, specifica-
given to the city prior to termination of the pol- tions and standards promulgated by the city rela-
icy,r" for any reason.Prior to cancellation of insur- tive to work in the public way,and respond to the
ance, the permittee shall forthwith close the city in damages for failure to conform therewith;
excavation and complete all worksite restoration 2. After an excavation is commenced,the per-
work. mittee shall prosecute with diligence and expedi-
C. A public utility company or property tion all excavation work covered by the
owner performing work adjacent to such owner's excavation permit, and shall promptly complete
residence may be relieved of the obligation of such work and restore the public way to its origi-
submitting certificates of insurance if such per- nal condition, or as near as may be. so as not to
son or company shall submit satisfactory evi- obstruct the public place or travel thereon more
dence in advance that it is insured, or has than is reasonably necessary;
adequate assets and provisions for self-insur- 3. Guarantee the worksite restoration for a
ance. Public utilities may submit annually evi- period of two years from completion of such
dence of insurance coverage in lieu of individual restoration, reasonable wear and tear excepted.
submissions for each permit. (Prior code § B. Unless authorized otherwise by the
41-5-24) engineer on the permit, all paving and replace-
ment of street facilities shall be done in conform-
1432.100 Bond—Required when. ance with the regulations contained herein
A. Each applicant. before being issued a per- within seven calendar days from the time the
mit. shall provide the city with an acceptable excavation commences. If on major or collector
corporate surety bond often thousand dollars.to streets, within three days, and five calendar days
guarantee faithful performance of the work on all other streets from the time excavation is
authorized by a permit granted pursuant to this backfilled. whichever is less. except as provided
chapter. The amount of the bond required may for during excavation in winter. If work is
517
Q
•
14.32.150
finds that work under the original permit. or as event of nonpayment of all or part thereof after
extended, has not been satisfactorily performed. thirty days, the balance due may be collected by
(Prior code§ 41-5-12) legal action.
C. In the event of nonpayment,the permittee
14.32.160 Permit—Extension fees. shall not be entitled to receive further permits
A. The length of the extension requested by from the city, or to perform further work within
the permittee shall be subject to the approval of the city's public ways. (Prior code § 41-5-8)
the engineer. No extension shall be made that
allows work to be completed in the winter period
without payment of winter fees. 14.32.180 Permit—No transfer or
assignment.
B. The extension fees shall be as follows: Permits shall not be transferable or assignable,
1. Excavation and surface restorations, and work shall not be performed under a permit
twenty dollars; in any place other than that specified in the per-
2. Building construction barricades, three mit. Nothing herein contained shall prevent a
times the review and inspection fees described in permittee from subcontracting the work to be
Section 14.32.060, or its successor, for each performed under a permit; provided, however,
month that the permit has not been extended. that the holder of the permit shall be and remain
C. The engineer may waive this extension responsible for the performance of the work
when work is not proceeding on the project in a
satisfactory manner. (Prior code§ 41-5-9) under the permit,and for all bonding, insurance
and other requirements of this chapter and under
14.32.170 Restoration fees. the permit. (Prior code § 41-5-13)
A. In the event a cut or excavation exceeds
one hundred feet in length or three hundred _ 14.32.190 Permit—Suspension or
square feet in area, the restoration of the surface revocation—Stop orders.
shall be accomplished by the permittee. Any cut A. Any permit may be revoked or suspended
or excavation smaller than the above-mentioned by the engineer,after notice to the permittee for:
size may be restored by the city, at the option of 1. Violation of any condition of the permit,
the engineer, and the following fees shall be the bond, or of any provision of this chapter,
required in addition to permit specified under 2. Violation of any provision of any other
Section 14.32.060, or its successor: ordinance of the city or law relating to the work;
1. Asphalt restoration, two dollars and fifty 3. Existence of any condition or the doing of
cents per square foot for local streets; five dollars any act which does constitute,may constitute or
per square foot for major and collector streets. cause a condition endangering life or property.
2. Minimum Charge. B. A suspension or revocation by the
a. April — October, $250.00: engineer, and a stop order, shall take effect
b. November— March, $375.00. immediately upon entry thereof by the engineer
B. In the event that the actual cost of restora- and notice to the person performing the work in
tion by the city exceeds the amount paid by the the public way.
permittee by more than twenty-five dollars. the C. A stop order may be issued by the engineer
permittee shall be liable for the difference directed to any person or persons doing or caus-
between such actual costs and the amount paid ing any work to be done in the public way with-
by him/her,which shall be billed to the permittee out a permit, or in violation of any provision or
by the city at the conclusion of the work,or from provisions of this chapter, or whenever the
time to time as the work proceeds: and in the engineer shall suspend or revoke a permit.
519 Q
14.32.240
when emergency circumstances demand the responsibility by reason of inspections autho-
work to be done immediately;provided a permit rized hereunder, the issuance of any permit, or
could not reasonably and practicably have been the approval of any work. (Prior code§ 41-5-26)
obtained beforehand.
B. In the event that emergency work is corn- 1432.270 Obstructing public ways
menced on or within any public way of the city prohibited.
during regular business hours,the engineer shall It is unlawful for any person to place, cast,
be notified within one-half hour from the time deposit, permit, erect, or suffer to remain in or
the work is commenced. The person commenc- upon any public way in the city any obstruction,
ing and conducting such work shall take all nec- as defined in this chapter, without obtaining
essary safety precautions for the protection of the from the city engineer permission so to do. and
public and the direction and control of traffic. then only in strict accordance with the terms and
C. Any person commencing emergency work conditions of these ordinances and of the express
in the public way during off-business hours with- permission granted. (Prior code§41-5-23)
out a permit shall immediately thereafter apply
for a permit or give notice during the first hour of 1432.280 Work without permit—Penalty.
the first regular business day on which city offices Any person found to be doing work in the
are open for business after such work is corn- public way without having obtained a permit,as
menced,and a permit may be issued which shall provided by this chapter,shall be required to pay
be retroactive to the date when the work has a permit fee equal to two times the normal per-
begun, in the discretion of the engineer. (Prior mit fee. (Prior code § 41-5-29)
code § 41-5-16)
1432.290 Violation—Penalty.
A violation of any-provision of this chapter
1432.250 Hold harmless agreement. shall be a Class B misdemeanor. Each day the
The permittee agrees to save the city, its violation exists shall be a separate offense. No
officers, employees and agents harmless from criminal conviction shall excuse a person from
any and all costs, damages and liabilities which otherwise complying with the provisions of this
may accrue or be claimed to accrue by reason of chapter. (Prior code § 41-5-28)
any work performed under the permit described
in this chapter. The acceptance of any permit
under this chapter shall constitute such an agree- Chapter 1436
ment by the permittee, whether the same is
expressed or not. (Prior code§ 41-5-25)
NE WSRACKS
1432.260 Liability limitations. Sections:
This chapter shall not be construed as impos- 1436.010 Purpose and intent of
ing upon the city or any official or employee any provisions.
liability or responsibility for damages to any per- 1436.020 Definitions.
son injured by or by reason of the performance of 1436.030 Registration—Required when.
any work within the public way, or under a per- 1436.040 Registration—Filing time.
mit issued pursuant to this chapter. nor shall the 1436.050 Registration—Information
city or any official or employee thereof be . required.
deemed to have assumed any such liability or 1436.060 Registration—Processing fee.
521
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DRAFT
SALT LAKE CITY ORDINANCE
No. of 1988
(Work in the public way)
AN ORDINANCE AMENDING, REORGANIZING AND REPEALING THE
ORDINANCES IN TITLE 14, SALT LAKE CITY CODE, PERTAINING TO WORK
IN THE PUBLIC WAY AS FOLLOWS:
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That the various sections in Title 14, Salt
Lake City Code, pertaining to work in the public way, be, and
the same hereby are repealed and reenacted or amended as
follows:
Chapter 14.32
WORK IN THE PUBLIC WAY
Section:
14.32.011 Definitions.
ARTICLE I. GENERAL
14.32.101 Pecrmit—Applicatim requirements.
14.32.115 Emergency work.
14.32.121 Autharizatian of a additional charges.
14.32.125 Iit fee waiver.
14.32.131 Permit--Ozntents—Dtxraticn and ext isicns.
14.32.135 Permit—ND lr ansfe.z. or assignment.
14.32.141 Compliance with speaificaticxs, standards rds and traffic centtol
regal ati nns,
14.32.143 Jab site parmittee iderrtifirati n.
14.32.145 Parking meter rem or occupatirn.
14.32.151 SLAIN higty permits.
14.32.153 Paloaxtirn of structurus in pihl ir. ways.
14.32.155 Insurance .
14.32.157 .Bond—Required what.
14.32.161 Bond—Conditions—Warranty.
14.32.165 Holdharruapq aJcteuenL.
14.32.167 Liahility Lim-ions.
14.32.171 Work without permit—lenity.
14.32.173 Failure to oampiy—Penalty.
14.32.175 Default in perfa roe--Penalty.
14.32.177 Canpletion time City -to perform work vat --Costs.
14.32.181 Failure to conform to design standards—Penalty.
14.32.183 Appeal of suscensim, revocation, or stop order.
14.32.185 Tampering with traffic barricades.
14.32.187 Violaticn—A2nalty.
ARTICLE II. OCCUPYING THE PUBLIC WAY MILE VERKING ON PRIVATE PROPERTY
14.32.201 Permit required for certain wart.
14.32.211 Pit limitat i nss.
14.32.221 Performance Bow--Ex empticn.
14.32.231 Right of Way Obstruction Permit—Review and inspection fees.
ARTICLE III. 1NSBNLLATICN, MDIFICA,TICN CR REPLACENENT OF
PUBLIC WAY IMPRINENENTS
14.32.305 Purpose and benefit of provisions.
nits.
14.32.311 Defective oar=ete---Duty of caner or tenant.
14.32.315 Defective a❑rrrete -Di xvety by city.
14.32.321 Defective corn rete--N tice to .
14.32.325 Defective oancr te-Repair opticns and cost.
14.32.331 Ordinary emirs.
14.32.335 Waiver of replacement requirement.
14.32.341 Abatement of aunt--Cbnditi ns.
14.32.345 Spec:Moat:ions and grades for constructzkn.
14.32.355 Sidewalks—Inspection and approval.
14.32.361 Driveway constructicn.
14.32.365 Public Wry Impocvvenent Permit review and inspection fees.
ARTICLE IV. EXCAVATION IN THE PUBLIC WAY
14.32.411 EEcavatian Permit—Review and inspection fees.
14.32.413 Quality construction fee credit.
14.32.417 Timely mtificatian credit.
ARTICLE V. STORM DRAINS
14.32.501 Storm drain inspection fees.
14.32.511 Private drain line Responsibility.
ARTICLE VI. REPEAL OF PRIOR ORDINANCES
14.32.601 Repeal.
•
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all orders of the mayor relating to streets and sidewalks, their use and
•
•
avenues and alleys, and all culverts, boxes and facilities used for carrying
,
notwithstanding use thereof is made also for conveying irrigation water.
(Prior code §41 1 2)
•
•
public works director shall do whatever shall be necessary to protect the
61
prism-§41 1 3)
•
CHAPTER 14.20
SIDEWALK USE RESTRICTION
14.20.000 [ obstructing right of gray with snow prohibited.
-3-
. ,
. ]
It is unlawful to place snow removed from private property in the public
way. It is unlawful to place snow removed from sidewalks, drive approaches or
other public places in a manner so as to cause a hazard to vehicular or
pedestrian traffic.
• • - • --
. - • *j * -
. .....
AVIA/ale II. „scaffolds 0v r Sti to
•
•
•
-4-
It is unlawful for any person to occupy or use any portion of a public
first making applic tion to and receiving fran the city engineer a permit for
the: occupation or use, for building purpooca, of such portions of streets and
•
•
chapter, or successor sections, and no building material, shall remain in
(Prior code §5 6 1)
. . .
granted
that will allow- occupation of mere than fifteen feet in the street from the
curb line. (Prior code §5 6 2)
A. No permit to occupy the 3troct with building materials shall be
five thousand dollars, to be approved by the city weer. Such bend shall
•
ordinances of this city, and -shall be further conditioned for the payment of
-5-
all damages that may be adjusted against said principal or surety and shall
•
ooct_i cn shall be doomed inadequate far-the protection of the city or the
•
'th Section 18.60.010, or its successor,
of the holder
which it is granted, and may be
No portion of a street other than that act forth in the permit shall be
•
•
• , fusal of such
building and housing services shall -cause it to be removed at the permittce's
•
•
•
purpose, even with the permit provided for in Section 18.60.010, or it
-6-
successor, unless such person shall first build around the portion of the
otroct to be occupied a tight board fence, at least six fcet high, surrounded
. ...
•
•
no time shall the fence have thereon any painted or other forms of
more signs of a temporary nature with a simple statement identifying the
project or stating that the premises encloses are or will be occupied, or that
any business enclosed therein has moved to another location, provided such
and shall be painted with waterproof paint and be kept neat and clean. (Prior
eede-§-6-84
•
•
•
abutting the building at onyx restored to the use of the pedestrians and the
last named sidewalk bridged or covered at a height of not less than nine feet
above the line of the sidewalk and ten feet wide with lumber or timber of
-7-
•
B. Any person so occupying any portion of any street shall be
responsible to the city for all injuries sustained by any person in
cection. (Prior code §5 6 9)
other substance without first erecting and maintAning above - sidewalk or
trian3 from such paint or other
substance falling upon
substance. (Prior code §5 6 10)
It is unlawful to pl
piled any sand, gravel, limes, cxicnt, mortar, plaster, concrete, or any other
paved street or sidewalk in the city; or to make or mix or to cauac or permit
to-i,L ., ... -k,i ,re' mortar, plaster, concrete, or any other UJ c substance
or mixture on any portion of the paved street or sidewalk in the city;
provided, that in cases where work is being dome on buildings or pavements the
mix cement, concrete or building materials in tight boxes or on tightly joined
boards on such pavements or walks under such restrictions as the city engineer
may deem proper. (Prior code §5 6 11)
-8-
•
ncaffold, ladder, staging, crane or other mechanical device or equipment of
cleaning, painting,i g, repairing, modeling or building any building or
•
obtaining from the director of the division a permit for such purpose, and for
paying the fee or fees
hereinabove stated at the several locations as hereinafter specified. (Prior
eode--§5--6-14}
The holder of the hermit herein proved for, before commencing erection,
building, maintaining, swinging or use of any scaffold, ladder or staging over
or upon any street or sidewalk at any particular location for any of the
•
building official a fee of two doll
an i3suarxLe fcc of three dollars. (Prior code §5 6 17)
and occupy streets and sidewalks and operate under such
-9-
permit by filing with the building official a written statement giving as near
as can be the location by street number of all locations (or, where giving
to operate under the permit at the exact locations shown in any such
within ten days after the expiration of each ninety day period during the lift
,
period and shall pay to the building official the €cc of two dollars for the
number of locations not heretofore paid. If at the expiration or termination
of the permit, the permittee shall have paid a sum in excess of two dollars
•
holder to occupy any street or sidewalk in the city any time or place during
the life of the permit by filing the bond provided for in Section 18.60.170,
or its successor, and paying fees as follows:
A. Public utilities, a fee of one hundred twenty five dollars;
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C. Persons installing glass, a fcc of fifty dollars;
dollars;
E. Persons painting or cleaning buildings, signs, signboards and other
a foe of twenty five dollars. (Prior code §5 6 19)
A. No permit -3hal . be granted until the applicant therefor shall have
, city and the
•
that at any time the mayor shall deem the bond i mda uate for the protection
•
against the principal or surety and shall save the city harmless from any and
all claims, liabilities or demands arising from any bodily injury or death at
arising in any manner out of any operation or operations being performed under
•
persons duly appointer cmpleycc3 er agents, to 113C the permit shall be guilty
revoked. (Prior cede §5-6-36)
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Such permit shall be effective for the calendar year in which it is
•
regulation under which is granted, or when, ire the opinion of the city
engineer, pubiie oa rnicnee and safety required tion. (Prior code
§5 6 13)
writing, the naves and addresses of all employees and agents whom such holder
code §5 6 20)
The building official shall issue the holder of the permit provided by
. , ,
the names of all the employees or agents of such holder, which shall state
•
It shall be the duty of the hol
•
•
It is unlawful for any person or for the agent or employee or any person
. .
successor. (Prior code §5 6 22)
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The provisions of this chapter shall not apply to any public utility
operating urn franchise from the city while engaging in the construction,
alley. (Prior code §5 6 24)]
Chapter 14.32
CONSTRUCTION, EXCAVATION AND OBSTRUCTIONS
IN THE PUBLIC RIGHT OF WAY
[14.32.010]14.32.011 Definitions.
As used in this chapter:
[114 ]A. "Apartment house" means a building comprising four or more
dwelling units designed for separate housekeeping tenements.
[ ]B. "Applicant" means any person who makes application for a
permit.
[3474 0B]C. Appurtenances" means miscellaneous concrete surfs within
the public way, such as parking bays and carriage walks.
[E]D. "Business" means any place in the city in which there is conducted or
carried on principally or exclusively any pursuit or occupation for the
purpose of gaining g a livelihood.
[ . ]E. "City" means Salt Lake City, a municipal corporation of the
state.
[34,- AB]F.1. "Defective concrete" means the existence of any of the
following conditions within the public way:
a. Where sidewalk, curb, gutter and driveway approach sections or
appurtenances have been displaced either horizontally or vertically to a point
-13-
that one section or even a part of a section is separated at leant one-half
inch from the other; or
b. Where sidewalk, curb, gutter and drive approach sections or
appurtenances have a minimum of three cracks of any length or width between
score marks and/or expansion joints; or
c. Where greater than twenty-five percent of the surface area of any
sidewalk, curb, gutter and drive approach sections or appurtenances is
spelled; or
d. Where sidewalk, curb, gutter and drive approaches or appurtenances
have settled, spelled, or have depressions which allow water to become
entrapped or cause ice pockets; or
e. Where sections of sidewalk, curb, gutter and drive approaches or
appurtenances contiguous to sections which are in a condition as defined in
subdivisions a, b, c or d of this subsection [D]F1, show similar signs of
deterioration to such an extent that they can reasonably be considered as part
of the overall defective areas, or which must be replaced to effect a proper
correction of the defective sections.
2. A drawing illustrative of subdivisions [B]F.l.a. through [H]F.1.e.
of this subsection is adopted as part of the ordinance cxodified in this
section for illustrative purposes only. Three copies of the defective
concrete replacement criteria drawing shall be kept on file in the city
recorder's office and the city engineer's office.
[14.310110]G. "Emergency" means any unforeseen circumstances or occurrence,
the existence of which constitutes a clear and immediate danger to persons or
property, or which causes interruption of utility servicpc.
[M]H. "Engineer" means the city engineer, or his/her authorized
representative.
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MI. "Engineering regulations", "construction specifications", and
"deign standards" mean the latest version of the engineering regulations, or
[construction] Standard specifications and Details for Municipal Construction
[ ] published by the city engineer.
J. "Failure" means a work site restoration which fails to meet City
Engineer specifications, or which results in a deteriorated or substandard
condition within the duration of the warranty period. Failure may be
settlement of surfaces, deterioration of materials, or other surface
irregularities. Measurement of failure shall be further defined in the
engineering regulations.
[l462117.04219E]K. "In one ownership" means when the same person is owner of two
or more lots or tracts of land even though such person may own them jointly
with dissimilar persons.
[F]L. "Multiple dwelling units" means four or more dwelling units
designed for separate housekeeping tenements when such units are so situated
as not to constitute an apartment house, when such units are located on the
same lot or tract of land, or on two or i►ve lots or tracts of land which are
connecting and in one ownership.
M. "New Street" means any street which has been constructed,
reconstructed, or resurfaced within a two year period with a minimum of one
inch of paving material.
[14.1-A.M1OF']N. "Obstruction" means any rubbish, glas-, material, wood,
ashes, tacks, metal, earth, stone, structure, or other object, thing or
substance of which may interfere with or obstruct the free uqa 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 caiisP or tend to causp
such public way to became, restricted in its [traffic] intended nnsPs or unsafe
or dangerous for travelers thereon.
-15-
[14.24.02°G. "Owner" memo the person or persons who are either the
record title holders of real props ty or is (are) the purchaser(s) or real
14.32.O10G]O. "Permittee" means any person who has been issued a permit and
has agreed to fulfill the requirements of this chapter.
(H]P. "Person" means and includes any natural person, partnership,
firm, assriaticn, public utility company, corporation, company, organization,
or entity of any kind.
Q. "Pipe Driveway" means a driveway approach which asps a pipe or other
means to bridge the gutter.
R. "Property Owner" means person or persons who have legal title to
property aryl/or equitable interest in the property, or the ranking official or
agent of a company having legal title to property and/or equitable interest in
the property.
[-1-]S. "Public utility coupany" means[, for the purposes of this
chapter only,] any company subject to the jurisdiction of the Utah State
Public [Utilities] Service Commission, or any mutual [ fit] corporation
providing gas, electricity, water, telephone, or other utility product or
services for use by the general public.
OT. "Public Way" means and includas all public rights-of-way and
easements, public footpaths, walkways and sidewalks, public streets, public
roads, public highways, public alleys, and public drainage ways. It does not,
however, include utility easements not within public ways of the City.
U. "Private Drain Line" means a pipe installed solely for the
transmission of water collected or generated on private property such as
drainage, spring, or storm water, or condensate into the public drainage
system.
-16-
V. "Referenced," when relating to survey monuments, means a monument
which has been measured from locally set (usually within 100 feet) survey
points sufficient to enable the monument to be reestablished if disturbed.
[14.24.020H.]W. "Residences" mean buildings or dwellings comprising not
more than three dwelling units designed for separate housekeeping tenements
and where no business of any kind is eondu ei, except such home occupations
as are allowed and defined in the zoning ordinances of the City.
X. "Resident" means the person or persons currently making their home
at a particular dwelling.
[I-]Y. "Section" means a portion of the concrete which is setapart by
expansion joints and/or construction joints.
Z. "Storm Drain" means a dedicated pipe, conduit, water way, or ditch
installed in a right of way or ant for the transmission of storm and
drainage water. This term does not include private drain lines.
AA. "Temporary Structure" means a facility constructed or installed for
IMP during the construction of a project, but not a permanent part of the
project, such as qc-affolding, fences, trash containers, trailers, or portable
offices.
BB. "Traffic Barricade Manual" means the manual on proper barricading
and traffic control practireG, published by the Transportation Engineer.
CC. "Transportation Engineer" means the City Transportation Engineer or
his/her authorized representative.
[-14.32.0l0K]DD. "Work site restoration" means and includes the restoring
of the original ground or paved hard surface area to [
condition than the-condition why existed before permit work commenced]
comply with engineering regulations, and inclridcs but is not limited to
repair, cleanup, backfilling, compaction, and stabilization, paving and other
-17-
work necessary to place the site in acceptable condition following the
conclusion of the work, or the expiration or revocation of the permit. [The
•
(port), 1986; prior code §38 2 1(3).
ARTICLE I--GAL
[�040]4.32.101 wit App7icaticx requitenents.
A. Each and every person desiring to perform any work of any kind
[described in section 14.32.020, or its successor, ] subject to regulation by
this chapter, in a public way within this city shall make application for a
permit. Such application shall be filed with the engineer on a form or forms
to be furnished by the engineer. Property owners and/or tenants for whom work
is being done shall be responsible for obtaining the permits, provided,
however, contractors may obtain the permit in the contractor's name.
B. 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 installing, replacing, or maintaining [performing]
le s than 500 square feet or 100 linear feet of sidewalk, curb and gutter, or
driveway approach, or other work approved by the engineer, upon a portion of
the public way adjacent to their residence.
4. Persons offering a service which requires occupation of-the public
way, such as sr-affold or staging, staging of a crane, installation or
-18-
maintename of electric signs, glass, awnings, and painting or cleaning of
buildings or sign boards or other structures.
C. The City Engineer may deny the issuance of permits to contractors,
utility companies, or other permit applicants who have shown by past
performance that they will not consistently conform to the engineering
regulations and specifications.
[ ]D. When necessary, in the judgement 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
and approved. (Prior code §41-5-4)
[ . -][AN. 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.
[ .
engineer. Duration of the permit shall be set at the time of iscuance of the
permit. If no time is specified, the duration shall be sixty days.]
[E]F. The disapproval or denial of an application 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 city engineer.
The director of public works shall hear such appeal, if written request
therefore be timely filed as soon as practicable, and render his/her decision
within [ ] two weeks following notice of such appeal .
-19-
MG. In approving or disapproving work within the public way; or
permits therefore, in the inspection of such work; in reviewing plans,
sketches or specifications; and generally in the exercise of the authority
conferred upon him/her by this chapter, the engineer shall act in such manner
as to preserve and protect the public way and the use thereof, but 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. (Prior code §41-5-5)
[14 :O ]H. [However,] It shall be lawful for a city, county, or state
employee to perform routine maintenance work, not involving excavations,
without first having obtained a permit therefore. (Prior code §41-5-6)
I. A permit is not required fran the engineer for hand digging
excavations for installation or repair of sprinkler systems and landscaping
within the non-paved areas of the public way. However, conformance to all
City specifications is required.
L1432..7240]14.23.115 Emergency work.
[A]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.
[$]A. In the event that emergency work is commenced on or within any
public way of the City during regular business hours, 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, and shall insure that work is accomplished according to the
engineering regulations.
-20-
CB. Any person commencing emerger y work in the public way during off
business hags without a permit shall immediately thereafter apply for a
permit or give entice during the first hour of 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 be retroactive to the date when the work
has begun, [in] at the discretion of the Engineer. (Prior code §41-5-16)
[14.32.000]14.32.121 Authorizatdcrk of 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. (Prior code §41-5-11)
14.32.125 Permit fee waivers.
The engineer may waive permit fees or penalties, or portion thereof when
he/she determines that such waiver is in the best interest of the city.
[ ]14.32.131 Permit DuQatian and extensions.
A. Each permit application shall state the starting date and estimated
completion date. Work shall be completed within sixty (60) days from the
starting date or as directed by the engineer. 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.
B. 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 for good cause--shown [if the engineer finds that work
performed-. (Prior code §41 5 12)]
-21-
[A]C. The length of the extension determined by the permittee shall be
subject to the approval of the Engineer. No extension shall be made that
allows work to be completed in the winter period without payment of winter
fees.
[3 80]14.32.135 wit-fib Uc ifs or assignment.
Permits shall not be transferable or aRsignable, 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 resin 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. (Prior code §41-5-13)
[14.32.210]14.32.141 Compliance with specficatims, standards and traffic-
control Rabe] xegulations.
The 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
eepy] copies of which shall be available from the engineer and kept on file in
the office of the [crgincer] City Recorder and shall be open to public
inspection during office hours. (Prior code §41-5-14)
14.32.143 Job site p' srm'ttee idaifiratirn.
Where a job site is left unattended, before completion of the work, a
sign with minimum two-inch high letters shall be attached to a barricade or
otherwise posted at the site, indicating permittee's name, or company name,
telephone number, and after hours telephone number.
14.32.145 Parking meter * mil or occupation.
-22-
[14= �60B] Where any of the [ ] activities permitted by this
chapter require the removal or extended occupation of parking meters,
applicant shall [ city transportation cngineer and
pay roqui rr:d foes.] comply with conditions set forth in 14.12.130 Removal of
Parking Meters.
R.4322010]14.32.151 Statue highway puts.
A. 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, unless the work extends beyond the back side of the curb. Any city
permit shall not be construed to permit or allow work in a state highway
within the city without a state permit.
B. The engineer shall have the right and authority to regulate work
under [sueh] State highway 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. (Prior code §41-5-18)
[14 .230]14.32.153 Relomitcn of structures in public ways.
A. The city engineer may direct any person owning or maintaining
facilities or structures in the public way to alter, modify or relocate such
facilities or structures as the engineer may require. Sewers, pipes, drains,
tunnels, conduits, pipe driveways, vaults, trash receptAnles and overhead and
underground gas, electric, telephone and communication facilities shall
specifically be subject to such directives.
B. Any directive by the City Engineer shall be based upon one of the
following grounds:
1. The facility or structure was installed, erected or is being
maintained contrary to law, or determined by the engineer to be structurally
unsound or defective;
-23-
2. The facility or structure constitutes a nuisance as defined under
state statute or city ordinance. (This section shall not, however, be deemed
to diminish the vehicle inpcxirxi authority of the police department under
Chapter 12.96 of the Salt Lake City Code, or its successor;
3. The authority under which the faci li ty or structure was installed
has expired or has been revoked;
4. The facility or structure is not in conformity with public
improvements proposed for the area; or
5. The public way is about to be repaired or improved and such
facilities or structures may pose a hindrance to construction.
C. Any person owning or maintaining facilities or structures in the
public way who fails to alter, modify or relocate such facilities or
structures upon notice to do so by the City Engineer shall be guilty of a
misdemeanor. All costs of alteration, modification or relocation shall be
borne by the person owning or maintaining the facilities or structures
involved. (Prior code §41-5-27)
[4,4 190]14.32.155 Ineam ne recu»reuents.
A. Before a[ ] permit, as provided in this chapter, 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 incluxies contractual liability coverage with minimum limits of Two
Hundred Fifty Thousand Dollars ($250,000) for injuries, including anc;dental
death to any one person; in an amount not less than Five Hundred Thousand
($500,000) on account of injuries sustained in any one acri dent; and property
damage insurance in an amount not less than One Hundred Thousand Dollars
($100,000) for each ae ident. The City Attorney may increase or dose
minimum insurance limits, depending on the potential liability of any project.
-24-
B. [fit] Said insurance policies shall include the following
provisions:
1. To indemnify, save harmless and defend [the] 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 [apt
exeavatierk-made] permit work done by the permittee, his subcontractor or
agent, whether or not the [etien] work has been [filled or resurfaced]
completed awl whether or not the [surface] right of way has been opened to
public travel;
[
•
t covering the City's liability for
cmpleTee3 arc present at the excavation pouring cement or asphalt therein;]
[3]2. To indemnify, hold harmlec-R awl defend the City, awl its officers
and employees against any claim or loss, damage or expense sustained by any
person [ ] occurring by reason of doing any work pursuant
to the permit including, but not limited to falling objects or failure to
maintain proper barriradcs and/or lights as required from the time [of-tie
] work begins until the [ ] work
is completed and right of way is opened for [travel] public IMP;
[4]3. 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 permittoe shall
[ ] complete all work and work site
restoration[work];
-25-
41
C. A property owner performing work adjacent to his/her residence may
submit proof of a hone owners insurance policy in lieu of the insurance
requirements of this section.
[e]D. A public utility company [
adjacent to such owner's rcaidenoc] may be relieved of the obligation of
submitting certificates of insurance if such [persert-or] company shall submit
satisfactory evidence in advance that it is insured in the amounts set forth
in this document, or has complied with State requirements to become self
insured. [adequate acts and provisions for self insurance.] Public
utilities may submit annually evidence of insurance coverage in lieu of
individual submissions for each permit. (Prior code §41-5-24)
[147.32A00]14.32.157 Etnd—Requiredwhen.
A. Except as noted in this chapter, [E]each applicant, before being
issued a permit, shall provide the City with an acceptable corporate surety
bond of ten thousand dollars ($10,000) to guarani-PP faithful performance of
the work authorized 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 fran the amount of bond
otherwise required under this chapter.
B. Public utilities franchised by the city and property owners
performing work adjacent to their residence, shall rot be requiLud to file a
corporate surety bond provided said companies or persons agree to be fully
bound by the conditions set forth in Section [14.32.110] 14.32.121 of this
chapter, or its successor. (Prior code §41-5-19)
[14.32.110'14.32.161 'tions raonty.
-26-
construction schedule for approval. The schedule will address means and
methods to minimize traffic disruption and complete the construction as soon
as reasonably possible. (Prior code §41-5-20)
[14A27.250]14.32.165 Hold harmless figuuemouL.
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
be claimed to accrue by reason of any work performed under [the] said
permit[deaste-ibed—in-this-thapter] . The acceptance of any permit under this
chapter shall constitute such an agreement by the permittee whether the same
is expressed or not. (Prior code §41-5-25)
[14:32-z260]14.32.167 T.iahi 1 ity limitations.
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 chaptPr; 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. (Prior code §41-5-26)
[IC-32-.T280]14.32.171 Vicskiatthout permit—Penalty.
[14.32.190 Cl
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]. The abutting
property owner shall be responsible for causing work to be done.
[14.32.280]
-28-
:Ps;
Any person found to be doing work in the public way without having
obtained a permit, as provided by this chapter, shall be required to pay a
permit fee equal to two times the normal permit fee. For replacement work,
where a fee is not normally charged, the normal permit fee for new
construction shall apply. (Prior code §41-5-29)
[ - ; - ]14.32.173 Failuze
•
tD mplY—Pana1tY-
A. Any permit may be revoked or suspended and a stop order issued 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. Existence of any condition or the doing of any act which does
constitute, may constitute or cause a condition endangering life or property.
B. A suspension or revocation by the engirxxr, 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.
[14 A29]14.32.175 Default in p Penalty.
Whenever the engineer finds that a OP-Fault has occurred in the
performance of any term or condition of the permit, written notice thereof may
be given to the principal and to the surety on the bend, 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. (Prior code §41-5-21)
[34 -13A]432.177 aaopletim time - sty to perform %%l rk ut--Costs.
-29-
In the event that the surety (or principal), within a reasonable time
following the giving of such notice, (taking into consideration the exigencies
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 e and cause the required work to be performed with due diligence, or to
indemnify the city for the cost of doing the warts, as set forth in the notice,
the city may perform the work, at the discretion of the engineer, with city
forces or contract formes or both, and suit may be 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, including
attorney fec c, 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. (Prior code §41-5-22)
14.32.181 Failure to conform to design stanaauas—Pamalty.
For failure to conform to the design standards and regulations, the
engineer may:
A. Suspend or revoke the permit.
B. Issue a stop order.
C. Order removal and replacement of faulty work.
D. Require an extended warranty period.
E. Negotiate a cash settlement to be applied toward future maintenance
costs.
14.32.183 Appeal of suspension, revocation, or sl;up order.
[ =}9W]
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
-30-
of public works shall hear such appeal, if written request therefore be timely
filed, as soon as practicable, and reamer his/her decision within a reasonable
time following filing of notice of appeal. (Prior code §41-5-17)
[14 229]14.32.185 Taopering with traffic barricodes.
It is 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 barrirarip protecting any excavation or other construction site.
(Prior code §41-5-15)
[14.32 o]14.32.187 Violatiaa--Penalty.
A violation of any provision of this chapter, or failure to comply with a
stop order, shall be a Class B misdemeanor. Each day the violation exists
shall be a separate offense. No criminal conviction shall excuse a person
from otherwise complying with the provisions of this chapter. (Prior code
§41-5-28)
ARTICLE II OCCUPYDU THE PUBLIC WAY itelII1E WCRECIAG ON PRIVATE PROS
[ . . . ]14.32.201 Permit
required far certain wow.
[14.32. &
A. Required far obstruction of public way. Except fora period of 14
days prior to scheduled City sponsored cleanup campaigns, [1]it is unlawful
for any person to place, cast, deposit, permit, erect, or suffer to remain in
or upon any public way in the city any obstruction as defined in this chapter,
without obtaining from the city engineer permission so to do, and then only in
strict accordance with the terms and conditions of these ordinances and of the
express permission granted. (Prior code §41-5-23)
[ ]
-31-
B. Required for oO upatim of Suet with building n to al . It is
unlawful for any person to occupy or use any portion of a public way for the
[ ] storage of construction
or landscaping materials and/or equipment without first making application for
and receiving a permit for the occupation or use[for building purposes, of
ouch limitationa and rcotrictiens as may be required red by ordinance er by- the
publie-eenvenienee]. However, no fence lion pursuant to [ cede]
these ordinances and no building material shall remain in place on any public
[otrcet] way after the ending date of the permit, unless Said permit is
extended by the Engineer.
[ ]C• [ ]Mired for scaffold or staging over p uhl i e way.
It shall be unlawful for any person to erect, build, maintain, swing or use
any c ffold, fence [ladder, staging cranc]or any other temporary structure
over or upon the public way
without first obtaining a permit for that purpose and paying the fee for such
permit. [
D. Nat required when. A permit is not required for use of the public
way, other than as noted in this article. However, all persons working within
the public way shall properly protect travelers thereon by oonformaire to the
Salt Lake City Traffic BarrirariP Manual. Any obstruction of a travel lane on
any collector or arterial street, as defined in the Salt Lake City Offiral
Street Map, for a period of more than twenty minutes shall be barricaded in
accordance with a traffic plan approved by the Transportation Engineer.
14.32.211 Permit limitations.
[14.32.020 C]
-32-
A. Removal of obstrucibion and rubbishrequired. No portion of a public
way other than that set fuiLti in the permit shall be used for depositing
materials for future work or for receiving rubbish from such work. All
obstructions and other rubbish shall be removed by the permittee at such times
as the Engineer may direct and in raRe of the neglect or refusal of such
permittee to remove such rubbish or obstruction, the Engineer [^.thall] may
cause it to be removed at the permittee's expense in accordance with the law.
[D]B. Restriction to eight feet. No permit to occupy the public way
with building materials or barriracIP fence shall be granted that will allow
occupation of more than eight feet in the [street from the curb line] roadway
portion of the public way. This distance may be extended to a maximum
distance of fifteen feet at the discretion of the City transportation engineer
when, in his/her opinion, additional space is deemed necessary and when the
additional space will not adversely impact traffic flow.
[i;]C% Maintenance of drainage ctia s=l . Existing drainage channels
such as gutters or ditches shall be [
approved by the engineer.]kept free of dirt or other debris so that natural
flow will not be interrupted. When it is necessary to block or otherwise
interrupt flow of the drainage channel, a method of rerouting the flow must be
• submitted for approval by the engineer prior to blockage of the channel.
[F]D. Maintenance of pedestrian ways. Barricades or covered walkways
[ ' ] placed in accordance with the Salt
Lake City BarriradP Manual, shall be provided at all times for the protection
of the general public [that] when any work or storage of material which has
been approved and is being accomplished within the public right of way. [under
this permit. (Ref. dcoign and
code 5 1--5 2)]
-33-
14.32.221 it.rfulmancenond—Exemption.
A performance bond is not required for staging in, occupation of, or
obstructing the public way except where such activity includes excavation or
replacement of public improvements as covered in articles III or IV of this
chapter. However, the permittee shall be strictly responsible to repair any
damage to the public way caused by the use thereof, and for any and all damage
caused to any other person.
[14:327060]14.32.231 Right of Way obstruction Ik nnit-levier and Inspection
fees.
A. 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]obstructicais in the public way:
[6]1. y fee. (Building
Gcnstructirn Barricades Ti?117ui r1 M more -than five days). In acid i tion to
excavation fees:
a. Flat fee for all or any part-of a block face: $125.00/month;
b. Each additional block face: $125.00/month;
2. Short-term occupation of the public way. ([
Seet]five days or less) Scaffolding or other temporary structures over
public way, or storage of construction materials or soil. [Flat fcc]Permit up
to and including five days - [C10.00 ]$20.00/setup. No fee shall be charged
for scaffolding or staging done behind an approved barricade fence.
[ . . .
A. Al-bcmate fee allowed when. The following persons may be issued a
03 follows:
-34-
,
•
3. Persons servicing or 'nst ing awnings, one hundred dollars;
.
B. Ftwdrements. Any permittoe requesting an alternate fee waiver
' ]
ARTICLE III INSTALLATION, MODIFICATION OR REPLACEMENT OF
PUBLIC WAY IMPROVEMENTS.
[ - -
It is unlawful for any person, either as owner, agent, servant,
•
•
permit for such construction. (Prior code §38 1 1)
3 24.010]14.32.305 Purpose and benefit of provisions.
A. Purpose. This [chapter and Chaptcrs 14.16 and. 14.20 are]article is
enacted for the purpose of prututing the health, safety and welfare of the
inhabitants of the city by keeping sidewalks, curb, gutters, drive approaches
and appurtenances, such as parking bays and carriage walks in safe, usable
condition. To this end it is deemed the responsibility of owners to notify
the city of any defective concrete existing at their property and, upon
replacement of the defective concrete, to pay an amount equal to the resulting
benefit to the improved property.
B. Benefit. It is hereby found and determined that the replacement of
defective concrete will result in an improvement benefiting the adjoining
property in the amount of fifty percent of the total replant cost in the
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rasP of property used as a residence or residences, and one hundred percent of
the total replacement cost in the rasp of property used as multiple dwelling
units, an apartment house, a business, or for any purpose other than as a
residence. The difference in resulting benefits as compared to the cost of
replacement is based upon a finding of the city council of factors indicating
substantially greater benefits to properties used for the purpose other than
as residences. (Ord. 24-86 1 (part), 1986; prior code §38-2-1(1) and (2)).
[ .030]14.32.311 Defective of owner or tent.
Any person owning real property in the city and any tenant of real
property in the city shall:
l.a. Report to the City Engineer's office the fact that any defective
concrete exists in front of or along the side of the property owned or
occupied by such owner or tenant. (Prior code §38-2-2)
b. The owner shall correct the problem and may elect to proceed to
correct the problem in accordance with 14.32.325, and
2. Take such temporary steps as needed to protect the public from the
hazard until the hazard is repaired.
[14.24�040]14.32.315 Defective con te--Di_&Dvery by city.
In the event any defective concrete is discovered or observed by the
city, the city shall have the right to give notice to the owner of the
adjacent property the same as if reported by the owner or tenant. The owner
and/or tenant shall have the same duties as set forth in 14.32.311. (Prior
code §38-2-3)
[ 0]14.32.321 Defective concrete—Notice to .
Whenever the city receives notice of any defective concrete, [as-prided
In-Sest-ion-1-4 -244430] or discovers same [es-peeled-in Section 14.24.040, or
moor scctiono,] and the city deems that such mete is defective, it
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must be replaced. Upon such determination by the city, it may notify the
property owner whose property is adjacent to the defective concrete when' such
replacement is needed that the owner shall have the options provided in
Section 14.32.325[14.24.060], or its successor, for the method of replacement.
Such notice shall also set forth the cast of replacement to the owner in the
event such replacement is made by the city or by a contractor employed by the
city. (Prior code §38-2-4)
[3 42160]14.32.325 Defective carte- Repair cpticns and costs.
After notice is given as specified in Section 14-32-321, [14.24.050,] or
its successor, the replacement of any defective concrete may be made in the
manner as herein set forth, and the cost thereof shall be paid as follows:
A. If the adjacent property is a residence, the owner may employ a
contractor or act as a contractor to make the required replant. Such
replacement must be dome according to city specifications, to the satisfaction
and approval of the city engineer, only after obtaining the required permit
and shall be completed within [thirty] sixty calendar days of receipt of the
notice provided for in the preceding section. Replacement made under this
subsection A shall be at the sole cost and expense of the owner. Election by
the owner to proceed under this subsection A shall be entirely voluntary on
the part of the owner and the replacement costs paid by the owner shall not be
deemed to be an assessment by the city.
B. If the adjacent property is a residence, the owner may agree in
writing, upon forms approved by the city attorney, to pay fifty percent of the
cost thereof in advance, and the city shall pay the remaining fifty percent of
the cost of replacement, such amount being equal to the resulting benefit to
the property. In such r-app, the city shall make the replacement or employ a
contractor to make same, subject to the availability of funds.
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C. For replacement made to defective concrete adjacent to an apartment
house, business, multiple dwelling units and any other c-asP other than a
residence, the owner of the adjacent property shall pay one hundred percent of
the total cost of such replacement, said amount being equal to the resulting
benefit to the property. Such replacement may be accomplished, at the option
of the owner, by a contractor employed by the owner or, upon payment to the
city of the total cost thereof in advance, by the city. If done by a
contractor employed by the owner, such replacement must be done according to
city specifications, to the satisfaction and approval of the City Engir .cr.
It shall be dome only after obtaining the required permit and completed within
sixty [thirty] calendar days, weather permitting, of receipt of notice
provided for in this chapter. [the pi-blooding-section.]
D. The owner must notify the City Engineer, within seven calendar days
of receipt of the notice provided for in the preceding section, under which
option said owner wishes to proceed.
E. In the event the owner refuses to or does not notify the City
Engineer as to the option elected by the owner for the necessary replant,
or if the owner submits a written request to have his or her property included
in a special improvement district, the city may then create a special
improvement district for the purpose of making the required replacement after
such district is created, and levy assessment on the property in accordance
with Section 10-16-1 et seq., Utah Code Annotated, 1953, as amended, or its
successor. The assessment of the owner's portion of the total replacement
cost shall be equal to the benefit received by the owner in accordance with
the provisions of subsections B and C of this section. Such assessment shall
be designated by the ordinance creating the special improvement district to be
paid by the owner of the property assessed over a period of five years from
the effective date of such ordinance.
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F. This section shall not preclude payment being made for replacement
to defective concrete adjacent to a residence by the city under special
conditions, such as the city receiving a federal grant for such replacement, a
low income abatement, as provided in Section 14.32.341 [14.24.090] of this
chapter, or its successor, for the city to pay all or a portion of said cost.
Prior to making any abatement in excess of fifty percent in the rase of a
residence, the mayor must first establish a written executive policy
concerning what percentage the city will pay. (Prior code §38-2-5)
[3A70]14.32.331 Ordinary repairs.
Any repairs required to be made to sidewalk or appurtenances which are
not defective, as defined in this chapter, shall constitute ordinary repairs.
In the event the city determines that any ordinary repair should be made, the
entire cost thereof shall be borne by the City, subject to availability of
funds. (Prior code §38-2-7)
[ 900]14.32.335 Waiver of replacement requirement.
In the event the city determines that any defective concrete should not
be replaced because of a contemplated overall street repair or replacement
project, lack of funds or other good reason, the [Mayer] Engineer or the
[Mayors] Engineer's drIsignee may temporarily waive the requirement of
• replacement. (Prior code §38-2-6)
[. " 90]14.32.341 Abatement of assessment—Conditions.
s.
Assessments shall be equal and uniform according to the benefits
received; however, when the owner of a residence adjacent to any defective
concrete which requires replacement shall have a combined family income at or
below the levels established by the Department of Housing and Urban
Development in its "Income Limits for Housing and Community Development,
Section 8 Program for Salt Lake City and Ogden, Utah SMSA", as amended from
•
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time to time, the entire cost of replacement may be paid by the city, subject
to the availability of funds. Such owner must file an application therefore
with the city, in order for payments [required by Section 14 32 341 14.24.060,
or its sueeca erg] to be abated. In order for the above income guidelines to
became effective for the pirpoa c of this section, the city must receive
notice of such amendment and same must be adopted by the mayor by executive
action. (Prior code §38-2-8)
4:4646A2014.32.345 Speciadations and grades for construction.
All construction authorized by the permit issued under this chapter
[Section 14.16.010, its succeosor,] shall be constructed in accordance with
the specifications and grades [ sh ] approved by the engineer[public
], and the acceptance of such permit shall be deemed an
agreement by the permittee to perform such construction in accordance with
such specifications and grades. (Prior code §38-1-2)
[ .
occerdancc with the permit issued by the public works director. (Prior code
§38 1 3)
3416.040]14.32.3_Sii Sidewalks—Inspection and approval.
All sidewalks constructed in accordance with the permits authorized by
this chapter shall be subject to inspection and approval by the [public works
director] engineer. (Prior code §38-1-4)
[ 0]14.32.361 Driveway .
A. Pests. No permit shall be granted by the city engineer without
the favorable recommendation of the Transportation engineer, for any driveway
exceeding thirty feet in width except:
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1. Industrial M-1, M-1A, M-2 and M-3 districts, as set forth in Title
21 of the Salt Lake City Code, wherein driveways not exceeding forty feet in
width may be permitted; and
2. In developed areas where street construction ruction requires replacement of
existing nonconfonmirrg driveways, the city engineer, upon favorable
remanendation from the transportation engineer, may allow replacement of such
nonconforming driveways when relocation of the driveway is not practical and
will adversely affect traffic.
B. Abe thickrress. No driveway, including sidewalk section through
a driveway, shall be less than six inches thick; provided, however, that the
city engineer may require that any driveway, including sidewalk, must be at
least eight inches thick when, in the opinion of the city engineer, such
driveway and sidewalk will be used for heavy trucks, vehicles or equipment.
C. N1iltipuk drives, islands and landscaping.g. When more than one
driveway is required for any parcel of land, a sidewalk island of at least
twelve feet in width shall be provided and landscaped between such multiple
driveways, except in developed areas, where the street construction requires
replacement of existing driveways with nonconforming islands. In such
the city engineer, upon the favorable recommendation of the
transportation engineer, may allow the replacement of driveways with
nonconforming islands or separations of less than twelve feet in width, when
relocation of the driveway is not practical and will not adversely affect
traffic. The city engineer may direct that areas between such multiple drives
that are less than twelve feet in width be paved, if landscaping is
impractical.
D. Cbrner lot and vialaticon. In no case shall a permit be granted for
a driveway which will be within ten feet of the property line where it abuts
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any intersecting street. [It is unlawful for any person to drive any vehicle
.]
E. Denial far dangerous conditions. Where, in the opinion of the city
engineer, upon recommendation of the transportation engineer, it would be
dangerous because of traffic, or because a driveway conflicts with any
permanent improvements or waterway, the city engineer may refuse to issue the
requested driveway permit. Such denial by the city engineer shall be final
unless the applicant appeals the matter to the board of adjustment. The board
of adjustment shall have the authority and discretion to either affirm the
city engineer's decision or specify the conditions and location upon which a
driveway may be permitted. (Prior code §38-1-5)
F. Pipe driveway - Property owner respawrihi1ity. Permits for pipe
driveways shall be issued only for locations which meet criteria established
by the engineer, and where no other practical means is available to prevent
vehicles from dragging on the street or driveway. Pipe driveways are
installed solely for the convenience of the abutting property owner and must
conform to Salt Lake City design standards. The owner is responsible for
keeping pipe driveways structurally sound and free of debris so as not to
impede the gutter flow.
[14 3A60]14.32.365 Public Way Improvement Permit review and inspection
fees.
A. The Engineer shall charge, and the City Treasurer shall collect,
upon issuing a permit, the following faPs for review of the application and
site inspection of [thel-wark] public way improvements:
. • .]
[a]1. Curb and Otter $1.00 per lineal foot
[b]2. Sidewalk, driveway approach $0.15$0.18 per square foot
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Minimum Charge:
April 1 - November 15 $70.00 November 16 - March 31 $105.00
[443''.'"C]3.Permit extension - $25.00. [
(Prior code §41-5 9)]
[ 06AA2C]4.For in-kind replacement of existing sidewalk, curb and gutter,
or driveway approach, a no-charge permit will be issued.
[1 .32.060 ]5.Where any of the foregoing subsections specify a higher fee rate
for any period, such higher fee shall be applicable if any portion of the work
is completed during the higher fee period. (Prior code §41-5-7)
ARTICLE IV EXCAVATIONS IN THE PUBLIC W Y
[ . . •
.
thereof, unless such person Shall first have obtained a permit for the
conformity with the terms and provisions of this chapter and of the permit or
permits issued hereunder, except as hereinafter specifically provided.
060]14.32.411 won Permit—Review and inspection fees.
A. 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] excavation and restoration in the public way:
1. Ehcavation
a. [ 5] $0.18 per square foot Hard Surfaced
b. [$0.10] $0.12 per square foot Other
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•
Minimum Charge:
April 1 - November 15 November 16 - March 31
Hard Surfaced [-$70.09] $80.00 [-$1105.00] $120.00
Other [-$45-:00] $50.00 [ 00] $75.00
[5]2. Mult-iplP utility e .on. Minimum fees shall be in accordance
with the following schedule, if the distance between excavations cis not
3,p
exceed one block (six hundred sixty feet) along the same street[
Minimum charge:
April 1 - November 15 November 16 - March 31
Hard Surfaced [$45.00] $50.00 [$70.00] $80.00
Other [B2ST00] $30.00 [-$49-.--09] $45.00
3. New st.ceets. Excavation permits for new sLLeets shall be issued
only upon written authorization of the City Engineer and the permit fePs shall
be two times the normal rates published in this section. The engineer may
also require persons working in new streets to employ extraordinary measures
in restoring said street such as applying seal coat or other surface treatment
to maintain the overall integrity of the surface.
4. Survey- monuments. Survey Mccu nests that are disturbed by
construction in the public way must be referenced and replaced by a licensed
land surveyor. The City Surveyor will reference and replace monuments for a
fee of $400.00. If a monument is disturbed without being referenced, the cost
of replacement will be $1,000.00. Such cost of recovery will be the
responsibility of the person causing the damage.
[4]5. Pules and aua3nLs. Poles and Anchors, [$10Te0] $20.00 each pole
or concrete pedestal or anchor_ [, .] •
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[G]B. Where any of the foregoing subsections specify a higher fee rate for
any period, such higher fee shall be applicable if any portion of the work is
completed during the higher fee period. (Prior code §41-5-7)
[3 32.16(X ]C. Permit extension - $20.00 $25.00. The Engineer may waive deny
this extension when work is not proceeding on the project in a satisfactory
manner. (Prior code §41-5-9)
14.32.413 Quality fee credit.
A. Permittees doing excavations frequently in the City may qualify for
a quality construction fee credit subject to the following:
1. The permitter or an employee of the permittee who has been trained
and certified by the engineer in proper inspection and materials testing,
barricading and traffic control is on the job site during all construction
activities.
2. The engineer or his/her designee will make random inspections of
work done by permittees to insure compliance with the regulations and
specifications of the city.
3. A permittee or an employee of the permittee who has been certified
by the engineer may have said certification revoked by the engineer for
failure to properly enforce the regulations and specifications of the city.
4. An average of not more than three percent of all excavations
completed within any month will have failed by the one-year inspection.
B. Permittees participating in the Quality Construction program shall
receive credit refunds of permit fees as follows:
1. If an average one-year failure rate is below three percent, the
engineer will issue a credit refund equal to ten percent of the permit fps
paid for the month being evaluated.
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2. If a warranty inspection reveals no failures, the engineer will
issue a credit refund equal to twenty percent of the permit fees paid for the
nth being evaluated.
3. Such refund credit is rot valid for a cash refund, but may be
applied toward the fee for future permits.
4. The warranty inspection and fee credit in no way removes the
permittee of responsibilities for repairs if a failure occurs within two years
as required in section 14.32.121.A.3.
14.32.417 Timely notification f;cat-irr+ credits.
If a permittee schedules an inspection by notifying the engineer twenty-
four hours in advance of the actual time backfilling to take plan, and if the
backfilling restoration actually takes place at the appointed time, the
engineer or his/her inspector may issue a refund credit to the permittce in
the amount of ten dollars. Such refund credit is rot valid for a cash refund,
but may be applied toward the fee for future permits. Only one refund credit
can be issued per permit.
[ -
A. In the event a cart or excavation exceedo 100 feet in length or 300
oquare feet in area, the restoration of the surface shall be accomplished by
fees shall be required in addition to permit fees specified under Section
14.32.411, or its succesaor:
05.00 per .
April October $25.00 November March $375.00
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B. In the event the actual cost of restoration by the City cxceedo the
'ttcc
•
•
event of nonpayment of all or part thereof, after thirty days, the balance due
may be collected by lcgal action.
C. In the event of nonpayment, the pennittee shall not be entitled to
City's public ways. (Prior code §41 5 8)]
ARTICLE V SIB DRAINS
[14.32.060 3]14.32.501 Storm [ s]drain inspection fees.
A. Stamm drains. Storm [sewers] Drains, $1.75 per lineal foot ($70.00
minimum charge) in addition to excavation fees.
B. Private drain line connections.
1. Connection to existing storm drain - $50.00.
2. Construct clean out box for connection to existing storm drain -
$75.00.
3. Connection into face of curb or existing inlet or clean out box -
$30.00.
14.32.511 Private drain line RE sp xisi hi i i ty.
Private drains may be installed in the right of way, but cleaning,
maintenance and replacement thereof remains the responsibility of the owner.
A private drain is considered privately owned from the source to the point at
which it connects with a public storm drain. Any repairs made within the
public way shall require a permit.
ARTICLE VI—REPEAL OF PRIOR ORDINANCES
_A'7_
14.32.601 Repeal.
This ordinance, Construction, Excavation, and Obstruction in the Public
Right of Way, Chapter 14.32, Articles I - IV, replaces Chapters 14.04.010
through 14.04.040, Streets and Sidewalks Aciminis L r dtion and Enforcement,
14.32.010 through 14.32.290, Excavations and Obstructions, Chapter 14.16.010
through 14.16.050 Sidewalk and Driveway Construction and Chapter 14.24.010
through 14.24.090 Repair and Replacement of Sidewalk, curb and gutter, and
Chapter 18.60, Articles I and II, BarrirariPs and Scaffolds. Passing and
adoption of this ordinance voids and supersedes the previous ordinances as
noted.
SECTION 2. This ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
day of , 1989.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to the Mayor on .
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
CITY RECORDER
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