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Home My WebLink About06-21-2004 ITEM VIII-A-1CITY OF AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject Utility Code Revisions Date: 5/25/04 Department: Attachments: Budget Impact: Public Works Ordinance Nos. 5848 $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 5848. Background Summary The City utility codes are being revised as a group to update language to match current practices, to clarify intent, to promote consistency between chapters of code and to transfer requirements from City Code to the City's design manual. Chapters 13.28 "Utility Bill Collection," and 15.72 "Drainage Plans," are being deleted since they are no longer utilized by the City. Chapter 12.66 "Right -of -Way Construction Requirements" is a new section, created to consolidate requirements that were previously covered in the water, sanitary sewer and storm drainage codes, and that were needed to regulate other right-of-way construction activities. This agenda bill covers all of the various ordinances involved in the revisions, which have been reviewed by the Public Works Committee. Comments made by the committee at their June 14, 2004 meeting have been incorporated in the attached documents. These revisions were developed as a "package" because it is appropriate that the ultimate ordinances not only reflect current practices, but also do so consistently. In order to ensure compatibility, if it is not the Council's intent to adopt all of the ordinances along the lines they were drafted, then it would be appropriate to redirect all of the ordinances back to staff for revision and for verification of compatibility and regulatory coverage. W0621-2 03.10.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ❑ Human Resources ❑ Police ❑ Planning Comm. ❑ Other ® Legal ® Public Works Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wagner Staff: Dowd Meetin Date: June 21, 2004 Item Number: VIII.A.1 AUBURN , MOfI THAN YOU IMAGINED ORDINANCE NO. 5848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING AUBURN CITY CODE CHAPTER 12.66 ENTITLED "RIGHT-OF-WAY CONSTRUCTION REQUIREMENTS" FOR THE PURPOSE OF CONSOLIDATING CONTRACTOR REQUIREMENTS FROM VARIOUS CONSTRUCTION AND UTILITY CODES WHEREAS, a review of the current utility and construction codes revealed a need to consolidate contractor and permit requirements for work in the city right -of -way - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Sect 1. That a new chapter of City of Auburn Code is hereby created entitled Chapter 12.66, which reads as follows: Chapter 12.66 RIGHT-OF-WAY CONSTRUCTION REQUIREMENTS Sections: 12.66. 005 Purpose. 12.66.010 Definitions. 12 66 020 Permit required. 12 66 030 Business license required. 12 66 040 Contractor's license required. 12.66.050 Contractor's insurance. 12 66 060Permittee's liability. 12 66 070 Work area safety. 12 66 080 Restoration of nght-of-way. 12 66 090 Contractor responsibilities. Ordinance No. 5848 May 27, 2004 Page 1 12 66 100 Stop work order. 12.66.11 n Violation - Penalty. 12 66 120 Conflicting ordinances. 12 66.005 Purpose. The purpose of regulating right-of-way construction through contractor requirements is to assure that proposed construction is consistent with the public health safety and general welfare of the citizens of Auburn and that any harm or nuisance which may result from proposed work is prevented. 12.66.010 Definitions. Unless the context specifically indicates otherwise the meaning of the terms used in this chapter shall be as follows: A "City of Auburn design and construction standards" means the requirements adopted under ACC 12.04 for storm drainage sanitary sewer, street, and water design and construction" B "Right of way" means land property, or property interest usually in a strip, acquired for or devoted to transportation purposes. 12.66.20 Permit required. It is unlawful for any person to perform any work within city right-of-way, which requires a written permit from the city, without first obtaining said permit. 12 66 030 Business license required. It is unlawful for any person to perform any work within city right-of-way unless they have a current city business license. 12 66 040 Contractor's license required. It is unlawful for any person to perform any work in city right-of-way unless operating under,a valid state of Washington general contractor's license, or a valid state of Washington specialty contractor's license applicable to the type of work being performed. 12.66.050 Contractor's insurance. Proof of insurance shall be required showing the city as additional insured on all work within the right-of-way to protect the contractor, the public, and the city against liability for accidental iniury to persons or property. Insurance amounts shall be those identified in Section 1-07.18 (Public Liability and Propertv Damage Insurance) of the City adopted Standard Specifications for Road, Bridge and Municipal Construction (current adopted version) published by the Ordinance No. 5848 May 27, 2004 Page 2 Washington State Department of Transportation and City amendments thereto. These insurance requirements may be modified at the discretion of the city engineer. Minimum commercial general liability insurance limits shall be $1 000 000 for each occurrence and $1 000 000 in the aggregate for each policy year. 12 66 060 Permittee's liability. Any person regulated under this chapter shall be liable to the city for all losses or damages claimed by any persons as a result of the negligence or failure of the person securing a permit to take all necessary precautions to protect the public and the city in the performance of any construction activities. 12 66 070 Work area safety. Contractors are responsible for traffic control work area protection/security and street maintenance to protect the life health and safety of the public during any permitted work within the right-of-way, and all methods and equipment used will be subject to the approval of the city of Auburn. 12 66 080 Restoration of right-of-way. A All streets sidewalks alleys parkways and other public right-of-way disturbed in the course of work performed under any permit shall be restored in accordance with the city of Auburn design and construction standards or as aapproved by the city engineer. B All work within city right-of-way must be pursued to completion with due diligence and if work is not completed within a reasonable length of time, as determined by the city engineer, the city shall cause the work to be completed. C Any costs incurred by the city for right-of-way restoration will be charged to the property owner and/or developer employing the contractor consistent with the procedures set forth in ACC 1.25. 12 66 090 Contractor responsibilities. Contractors working within city right-of-way shall be responsible for all work done under permits issued to them All work shall be completed according to any permit conditions and the city of Auburn design and construction standards. 12.66. 100 Stop work order. When any work is being done or activity is occurring in violation of this chapter, or in violation of a permit issued for work in the right-of-way the city engineer or his/her designee maorder the work or activity stopped by notice in writing served on an:' persons engaged in the doing or causing of such work to be Ordinance No. 5848 May 27, 2004 Page 3 done or such activity to occur. Any persons served with a written notice to stop work shall forthwith stop such work and/or prevent such activity until authorized by the citv engineerto proceed with the work recommence the activity or return the right of way to a safe and usable condition If persons served with a written notice to stop work refuse to return the right-of-way to a safe and usable condition at the request of the city engineer, the city may cause the right-of-way to be restored as provided in ACC 12.66.060. 12 66 110 Violation — Penalty. In addition to any other enforcement method or process available under the law, any violation of this chapter may —_ter pursuant to the provisions of ACC 1.25. 12 66 120 Conflicting ordinances. All ordinances or parts of ordinances in conflict with this title are repealed, except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance herepealed prior to the taking affect of this title. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. Ordinance No. 5848 May 27, 2004 Page 4 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle Daskam City Clerk City Attorney Published: Ordinance No. 5848 May 27, 2004 Page 5