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HomeMy WebLinkAboutordinance.council.012-69RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 12 Series of 1969 AN ORDINANCE AMENDING PORTIONS OF CHAPTER 2, TITLE VIII AND REPEALING PORTIONS OF CHAPTER 2, TITLE VIII OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PERTAINING TO EXCAVATIONS, AND HEREBY DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Subsection (b) of Section 4, Chapter 2, of Title VIII is hereby amended to read as follows: "8-2-4: (b) Any properly licensed person filing application as herein provided, which application shall pertain to excavation work which will comply with the require- ments of this Chapter." Section 2: Subsection (d) of Section 5, Chapter 2 of Title VIII is hereby amended to read as follows: "8-2-5: (d) Fees: An applicant shall pay to the City a fee based on the following schedule before the issuance of such permit: Excavations in asphalt or concrete $2.00 per square foot Excavations in gravel or dirt $1.00 per square foot" Section 3: Section 6 of Chapter 2 of Title VIII is hereby amended to read as follows: "8-2-6: EXCAVATION TIME LIMIT; AREA RESTRICTIONS: It shall be unlawful to obstruct more than the space of one (1) block and one ~1) intersection at the same time in any one (t) street or to keep the same blocked for more than three (3) days. In the event of unfore- seen extenuating circumstances an applicant may apply for an extension of the said three (3) day limitation and, if after investigation of the extenuating circumstances, the City Administrator or his authorized representative may grant such extension, providing valid reasons and circumstances exist and justify the extension." Section 4: subsection (b) of Section 7, Chapter 2 of Title VIII is hereby amended to read as follows: "8-2-7: (b) It shall be the duty of every person to furnish to the City Engineer information re- garding the location in any street, alley, sidewalk or other -1- RECORD OF PROCEEDINGS 100 Leaves public place of the City of any pipe or other structure installed, maintained or utilized by such person." Section 5: Subsection (a) of Section 8, Chapter 2, Title VIII is hereby amended to read as follows: "8-2-8: SAFETY APPLIANCES AND BARRICADES REQUIRED: (a) It shall be unlawful for any person to dig up or cause to be dug any hole, drain, ditch or any other excavation in any street, alley, sidewalk or other public place within the City without providing during the night-time sufficient warning lights, to be placed with a suitable barricade or temporary fence around such hole, drain, ditch or other excavation in order to prevent persons, animals and vehicles from sustaining injury." Section 6: Subsection (b) of Section 8, Chapter 2 of Title VIII is hereby amended to read as follows: "8-2-8: (b) During the daytime, the barricade shall be maintained but warning lights are not re- quired.'' Section 7: Section 10, Chapter 2 of Title VIII, entitled "CUTS: BACKFILL", and subsections (a), (b), (c), and (d) thereunder are hereby repealed, and the Official Code of Aspen is hereby amended by replacing the repealed sections and subsections by a new section to be numbered 8-2-10, which section reads as follows: "8-2-10: CUTS; BACKFILL: (a) Any cut in any pavement or surfacing shall be made in a neat manner with square edges and corners. Such cut shall be made with a pavement saw. All material taken from the cut and the excavation shall be trucked away and disposed of by the holder of the permit at the time the cut and excavation is made. (b) Backfill of any excavation made in any paved street or alley right-of-way shall conform to the following conditions: (1) Compaction: Backfill material shall be placed in lifts not to exceed 6 inches in depth by loose measurement, moistened as required, and mechan- ically compacted to a minimum of 85% of the maximum density to be tested and accepted by the City Engineer. (2) Material and Gradation: (a) All excavated material shall be removed and backfill shall be of select material meeting the following specifications. -2- RECORD OF PROCEEDINGS LEAVES Minimum Gradation Retained on 3" Retained on 2" Retained on 1" Passing the #4 Percentage 0% maximum 25% maximum 35% maximum 40% minimum Sample of material to be used for backfill must be supplied to the City of Aspen Engineering Department 48 hours before backfill is to be made or such material shall have received previous approval of the City Engineer. inches of the backfill gravel 1-1/2 inches or (b) In all cases, the top 12 shall be made with crushed less in diameter. (c) These plans and specifications may be modified by the City Administrator so that they may be specifically adapted to the particular conditions of travel, load requirements, terrain, subsoil and moisture where the backfill is to be effected. (d) In the event of settlement or sub- sidence of a particular excavation or part thereof, the permittee who had performed the excavation work shall be responsible for all repaving and repair costs occasioned thereby." Section 8: Subsection (a) and (b) of Section 11, Chapter 2 of Title VIII is hereby amended to read as follows: "8-2-11: PAVED STREET AND ALLEY EXCAVATIONS: (a) No permit to excavate in any street or alley shall be issued unless the applicant therefor shall have first paid to the City the required fee. (b) Pavement and surfacing shall be replaced by the City of Aspen Street Department." Section 9: Because of the matters and things herein- above set forth, the City Council of the City of Aspen, Colorado hereby finds, determines and declares that an emergency exists and that this Ordinance is necessary for the immediate preser- vation of the public peace, health and safety. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Aspen, Colorado at its regular meeting held ~ the City of Aspen, Colorado on the ~ day of ~/~~ , 1969. MAYOR -3- RECORD OF PROCEEDINGS LEAVES ATTEST: ~ CITY CLERK FI~NALLY passed, adopted day of ~ ~  ~.. , 1969. ATTEST: CITY CLERK and approved on the /~/~ STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the ebove and fore$oin~ ordinan¢~ wa~ introducted, read in full, and passed on f~rmt -- reading at a regular meeting of the City Council of the City of Aspen on June 23 ,196_._% and publish- ed in the f spen Times a weekly newspaper of general circul- ation, published in the City of Aspen, issue of June 26 ..,196_9_, and approved at a regular meeting of the City Council on July 14 Ordinance No. . 12 provided by law. IN WITNESS WHEREOF, the seal of said City of Aspen, day o~_ July . , 196 .. SEAL Colorado, in its and was finally adopted ,196 9 , and ordered published as , Series 196 9 , of said City, as I have hereunto set my hand and Colorado, this 15th 9 . ~--L-6rralne Graves, City Clerk Effective July 22~ 1969