Loading...
HomeMy WebLinkAboutRepealing Sections 16 to 36 Inclusive of Chapter 35 of Municipal Code Relating to Excavations & Public PlacesORDINANCE No. 4758 - -65 Passed by the Common Council of the City of South Bend, May 24, 19 6S— Presented by me to the Mayor of the City of South Bend, Approved and signed by Clerk Of Common Council Clerk IDEAL RjeW PRESS ORDINANCE N0. ` -C 3 AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER 35 OF OR- DINANCE NO. 4608 -63, BEING THE MUNIC- IPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS IN STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED, AS AMENDED, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That Section 16 to 36, inclusive, of Chapter 35 of the Municipal Code of the City of South Bend, Indiana, 1962, be and they hereby are repealed. SECTION II. In lieu of the sections repealed by Section 1 of this ordinance, the following is hereby substituted and en- acted: Article II. Excavations and Obstructions Division I. Generally Definitions. For the purpose of this division the following words shall have the meaning ascribed to them in this section, 1. "City" means the City of South Bend, Indiana. 2. "Emergency" shall mean any unforseen circum- stance of occurrence, the existence of which constitutes danger to the health or welfare of persons or property, or which may cause or does cause the interruption of a service being fur - nished by a public utility doing business in the city and which utility is subject to the jurisdiction of the Public Service Commission of Indiana. 3. "Person" shall mean a natural person, partner- ship, firm or corporation. 4. "Street "shall mean any public street, public highway, public alley, publ' right -of -way or a public road any of which vkwtunder the jur- isdiction of the Board of Public Works and Safety of the City of South Bend, Indiana 5. "Permit" means the authorization issued by the Board of Public Works and Safety pursuant to the provisions of the ordinance to make an opening or excavation in a street of the City. 6. The words "he", or "him ", as used herein. shall include "she ", "hers ", or "her" and "it" and "its "i The singular shall in- clude the plural. The plural shall in- clude the singular. The masculine shall include the feminine and the feminine shall include the masculine. 7. "Petitioner" shall mean any person who makes "a request" for a permit pursuant to the provisions hereof. SECTION 35 -16 To be lighted at night. Any person making any excavations) in any street in the City of South Bend shall mark and and designate such excavation by a light or lights placed at such excavation during all hours of darkness during the existence of the excavation. Such light or lights shall be placed at the points where such excavation approaches the traveled portion of such street and it or they shall be kept burning during all hours of darkness. The type of light or lights to be used for this purpose is to be des- ignated by the City Engineer of the City of South Bend. Any person placing any obstruction in any street while constructing or repairing any building or other structure, or while improving or repairing the street, or in laying any con- duits, wires, pipes, mains or sewers, shall mark such ob- struction during the hours of darkness while such obstruction exists by a light or lights so placed as to indicate the ob- struction to any person passing along such street. SECTION 35 -17 Barricades or guards required. Any person making any excavation or placing any building materi or =obstruction in any street, shall, in addition to the or lights required by the preceding section, guard such excavation or obstruction by barriers or barricades in such manner as to warn travelers of the existence of such excavations or obstructions and to prevent pedestrians and vehicles from falling in such excavations or going upon such obstructions. SECTION 35 -18 Injury to or removal of lights or barricades. It shall be unlawful for any person to take, remove, destroy or in any manner interfere with any light, barrier or barricade placed at any excavation or obstruction as required by this article. SECTION 35 -19 Obstructing free passage of streets. It shall be unlawful for any person by any means or in any manner to collect together vehicles or any substance or materials ao as to obstruct the free passage or use of any street. The provisions of this section shall not apply to any person making an obstruction under any building permit or under any right granted by any provisions of this Code, any ordinance or legal authority. Division 2. Excavations SECTION 35 -20 Compliance with article required. It shall be unlawful for any person to do, cause or permit to be done any digging, cutting or excavating into or upon any street, or into or through any pavement thereon in the City ex- cept in accordance with and as provided in this article. SECTION 35 -21 Permit required. No opening or excavation shall be made under the provisions of this article until a permit therefor shall have been duly granted as provided in this division. The work for which the permit is granted must be started within thirty (30) days of the issuance of said permit or it shall become void. A card showing the permit number will be issued with each permit. This card shall be posted in a conspicuous place at the site of the work, until such time as the work is completed. In case of an emergency the person making a cut shall be required to take out a permit on the first day that the city engineers office is open following the making of a cut and the permit when issued shall be effective retroactive to the date the excavation was started. No permit shall be required for the setting or erection of a utility pole, a guy wire, an anchor or street light stan- dard by a public utility doing business in the city, which utility is subject to the jurisdiction of the Public Service Commission. SECTION 35 -22 Required in addition to building permit. No other permit issued pursuant to any other ordinances of the City of South Bend, Indiana shall be construed to be a substitute for the permit required under this ordinance. SECTION 35 -23 Same - Fees Any person desiring to make an opening or excavation con- templated by this division shall pay to the city engineer , for the permit required by Section 35 -21, the sum of .2 tJ'�-� dollars L($5 00.. SECTION 35 -24 Request to be made with Board of Public Works and Safety. Any person desiring to make any opening or excavation contemplated by this division shall file with the Board of Public Works and Safety a request which shall definitely state the location of the proposed opening and the purpose of the same. SECTION 35 -25 Bond required; amount; conditions; etc. At the time of making the request under the provisions of the preceding section, the person desiring to make any open- ing or excavation shall also file a bond payable to the city in a sum not less than one thousand dollars ($1,000.00) and not more than five thousand dollars, ($5,000.00), as the Board of Public Works and Safety may designate. Such bond shall be filed with the Board of Public Works and Safety and shall be conditioned to save the city harmless from any loss, cost or damage by reason of such proposed work, and that the same shall be done in all respects in conformity with the requirements of this Code and all other ordinances of the city regulating the same; provided, that a single or continuing bond may be given to embrace all work of the petitioner for a period of time between the date of the execution of the same and January first, which bond shall be in the penal sum of Five Thousand Dollars ($5,000.00). Provided further, however, that any public utility operating under the jurisdiction of the Public Service Commission of Indiana may give an indemnifying agreement in lieu of said bond. SECTION 35 -26 Restoration of surface. Any person making any opening or excavation or causing the same to be made in any street shall be required to replace all excavated material and pavement as herein set forth in the city specifications entitled, "Street Excavation Repair 1964 ", a copy of which will be attached to each permit issued. This specification is set forth as follows: Street Excavation Repair 1964 City Engineering Department South Bend, Indiana WHEREAS: The Board of Public Works and Safety deems it necessary to establish a firm policy for the backfilling of excavations and replacement of pavement disturbed as a re- sult of making an opening or excavation in any street, these specifications are set forth and the compliance, therewith shall be a requirement of obtaining a permit for said opening or ex- cavation under Chapter 35, Article II, Division 2, Excavations, as set forth in the South Bend Municipal Code. It shall be the obligation of any person, firm or corporation obtaining a per- mit for an opening or excavation in the public right -of -way to backfill the excavation and replace the pavement as set forth in these specifications. BACKFILL. All excavations under pavement shall be backfilled with a reasonably clean granular material with good compaction qual- ities. The material shall be placed in layers not to exceed 6 inches in depth. Each layer shall be thoroughly tamped with a vibratory type mechanical tamper. Special care shall be taken in filling around sewers, water pipes, gas lines, etc., to keep the earth at the same height on both sides to avoid shifting of the pipe line. No removed paving materials or debris shall be used in backfilling the excavation. Excavations not under a pavement may be backfilled with virgin material re- moved from the excavation. PAVEMENT REPLACEMENT. All pavement shall be replaced with a type of construction equal to or better than that which is removed as approved by the city engineer. All cuts in concrete pavements shall be first outlined with a saw cut not less than 1' ". CONCRETE OR BRICK PAVEMENTS. Concrete used in the replacement of concrete or brick pavements not presently surfaced with an asphaltic material shall consist of not less than 6 bags of air entrained Type lA Portland Cement per cubic yard. Slump shall not exceed three (3) inches. Coarse aggregate shall be limestone or blast furnace slag.. No natural gravel aggregate will be allowed. Brick pavements will be replaced with 8" of concrete except in some residential streets where the city engineer may require the brick to be replaced. Where concrete that has an asphaltic concrete surface is replaced Type I Portland Cement shall be used and the concrete shall be finished flush with the surface of the existing con- crete and the asphaltic surface replaced. All asphaltic and oil type pavements shall be replaced with a hot asphaltic concrete surface conforming to Section D3, Hot asphaltic Concrete Base, Binder and Surface of the latest Indiana State Highway Standard Specifications. The thickness of the pavement shall be equal to that which existed but not less than 3 inches. Not less than 8 inches of Coarse Aggregate Class A or B, Size No. 53 Section K3 of the State Highway Specifications shall be placed under any asphaltic concrete patch unless a concrete base is necessary. Asphalt placed over a concrete patch shall be cut back 6" around the concrete patch so that the two joints are offset. TEMPORARY PATCH. If it is not possible, due to weather conditions, for the contractor to replace the pavement within 14 days following completion of the work a coarse aggregate base 8 inches thick and a cold asphaltic surface shall be applied and maintained as a temporary patch until permanent repairs can be made. In no case shall a temporary patch be maintained more than six months before permanent repairs are made. SECTION 35 -27 Liability of permittee to continue for one year. The Board of Public Works and Safety shall through the city engineer require periodic inspection of all pavement re- pairs. If for any reason within a period of one year there is an indication of settlement of the repaired area or deterior- ation of the paving mat Vial the person taking out -the permit shall be required to mage the necessary repairs as specified by the city engineer. The failure of the permittee to make such repairs will result in the bonding company being required to make the necessary repairs. SECTION 35 -28. Board of Public Works and Safety to issue permits; right of Board to delegate authority to city engineer. It shall be the duty of the Board of Public Works and Safety, upon the filing of a petition and approved bond, to issue to the petitioner a permit to make such excavation and do such work, and such permit shall describe the kind and location of the same; provided however, the Board of Public Works and Safety shall also have the authority to refuse to issue a permit for an excavation where the Board deems the work not to be in the beat public-interest or'the contractor by past performances has indicated that he cannot perform the work in accordance with the specifications. The Board of Public Works and Safety may, by resolution duly passed by a majority of such Board, authorize and empower the city engineer to issue any permits, all as provided for in this division, and to determine the amount of the bond required. SECTION 35 -29 Location of mains and pipes: supervision of work. It shall be the duty of the Board of Public Works and Safety, in connection with all work contemplated by this article, through its duly authorized agents, to assist in determining the proper location for water, and sewer or other con- nections to be made. SECTION 35 -30 Generally, notice to Board of Public Works and Sa €et Within 48 hours after the work requiring the excavation has been properly completed, the person holding a permit under the provisions of this division shall give notice to the Board of Public Works and Safety or their authorized agent that the opening has been filled and the pavement replaced. SECTION 35 -31 Tunnellp. In all cases of excavating under street or railway tracks, tunneling may be permitted if the method and operation is approved by the city engineer and the street commissioner, SECTION 35 -32 Barricades and danger lights. - All the proper barricades and danger lights shall be,:maintained by the party to whom the permit was issued under the provisions of this division until the opening has been repaired. SECTION 35 -33 Protection of sides of excavation. iniury to adioinin¢ pavements. Any person making excavations or causing the same to be made in pavements or adjacent to pavement, shall so protect the sides of the excavation that the adjoining soil shall not cave in. It shall be unlawful for any person to excavate so as to undermine or injure any adjoining pavements. SECTION III. It is hereby declared to be the intention of the Common Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance hereby adopted. SECTION III of Ordinance should be amended to "SECTION IV". SECTION IV. This Ordinance shall be in full force and effect from and after its adoption by the Common Council of the Civil City of South Bend, Indiana, and its approval by the Mayor. 10 & tad READING /Z—/ L -/ ONKITEE OF THE WHGLE /- / / -4�- �s� s -ate PUKJ0 NEARING td READING 5- oZ V -G S" Wr APPROVED RbfERREB GG d-- 6 s- PAUB s -a I/-G s ,.�, Z Tammittrr $ren t c(Io the Toinawn (founrit of thr Tn# of Omd4 send: May 24, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER 35 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS IN STREETS ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED, AS AMENDED ". Respectfully report that they have examined the matter and that in their opinion the ordinance go to the Council as favorable, as amended, according to amendments made on the floor and any other amendments.