Chapters:
12.08 Excavation for Gas Distribution and Transmission Systems
12.12 Obstructions
12.20 Street Vacation
12.28 Sidewalks
12.32 Street Names
12.36
12.40 Tree Standards
Sections:
12.08.010 Definitions.
12.08.020 Permit required.
12.08.030 Application and bond.
12.08.040 Insurance.
12.08.050 Testing of piping on new construction—Fees.
12.08.060 Testing of prior constructed distribution system.
12.08.070 Maintenance procedure.
12.08.080 Service connections to steel mains.
12.08.090 Prohibited pipe installations.
12.08.100 Location of service shutoffs.
12.08.110 Location of pipes.
12.08.120 Construction, operation, maintenance and safety standards.
12.08.130 Cathodic protected pipe.
12.08.140 Routing of traffic during construction.
12.08.150 Maintaining traffic.
12.08.160 Removal and protection of utilities.
12.08.170 Protection of property.
12.08.180 Preservation of monuments.
12.08.190 Damage to existing improvements.
12.08.200 Property lines and easements.
12.08.210 Care of excavated material.
12.08.220 Interference with other services.
12.08.230 Provision for watercourses.
12.08.240 Cleaning up.
12.08.250 Trenches.
12.08.260 Water in trenches.
12.08.270 Breaking through pavement.
12.08.280 Tunnels.
12.08.290 Backfilling—Notification of water department where water is taken from fire hydrant.
12.08.300 Water settling.
12.08.310 Dry backfilling.
12.08.320 Backfill material.
12.08.330 Backfilling at the surface.
12.08.340 Restoration of surface.
12.08.350 City’s right to restore surface—Procedure.
12.08.360 Public works supervisor’s inspection and fee.
12.08.370 Maintain drawings, plans, and profiles.
12.08.380 Compressor stations.
12.08.390 Penalty for violations.
For the purpose of this chapter the following words, terms and phrases are hereby defined and shall have the meaning herein given to them:
A. “Distribution system” means the gas pipes, pipelines, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and all attachments, appurtenances and appliances necessary and incidental thereto or in any way appertaining to the distribution of gas.
B. “Gas” means artificial, natural and/or mixed gas.
C. “Gas inspector” means the gas inspector of the city or his duly authorized representative.
D. “Highways” means and includes streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public grounds and public improvements within the city.
E. “Maintenance, maintaining or maintained” means the relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating and restoring operations incidental thereto.
F. “Permittee” means any person, company, partnership or corporation or its successors and assigns holding a franchise to construct, lay, maintain and operate over, across, upon and under the present and future streets, alleys, sidewalks, curbs, roads, thoroughfares, parkways, bridges and public property and other places in the city, a system of pipes, pipelines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments, appurtenances and appliances incidental thereto or in any way appertaining thereto for the purposes of transporting, transmitting, distributing, selling and supplying gas for heating, lighting, power and any and all domestic, commercial and industrial purposes and other reasons and purposes to inhabitants, persons, firms, associations and corporations within the city for public, domestic and industrial use.
G. “Person” means any person, firm, association or corporation.
H. “Public works supervisor” means the public works supervisor or his duly authorized representative.
I. “Transmission system” means a pipeline installed for the purpose of transmitting gas from a source or sources of supply to one or more distribution centers or to one or more large volume customers.
J. “Unit” means the construction of not over one mile of a distribution or transmission system. (Ord. 602 §§ 1—11, 1959)
It is unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any highway in the city or to fill in, place, leave or deposit in or upon any highway any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same for the installation and/or maintenance of a gas distribution or transmission system or for the purpose of making a utility connection with any premises, without first having obtained a permit and without complying with the provisions of this chapter, or at variance with the terms of any such permit; provided, however, that in case of an emergency arising out of office hours, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the traffic division of the police department and the necessary excavation may be made upon the express condition that an application be made in the manner herein provided on or before noon of the following business day; and provided further, that a separate permit shall be required for each unit. (Ord. 602 § 12, 1959)
Permittee shall make application to the public works supervisor for a permit and in connection therewith shall file a bond in the sum of ten thousand dollars, all in compliance with the provisions of Ordinance 600. In addition thereto such bond shall also be conditioned that permittee will comply with all of the provisions of this chapter and in case the permit authorizes cutting into or under any highway in the city, the bond shall be further conditioned that the person applying for or acting under the permit shall replace the portion thereof affected thereby and shall restore the same at its expense to as good or better condition within the time specified by the public works supervisor and that the permittee will maintain such highway so restored for a period of two years from and after such restoration. Settlement within the two-year period shall be considered conclusive evidence of defective back-filling by the permittee. Acceptance of the work by the public works supervisor shall not prevent the city from making claim against the permittee for incomplete or defective work if the same is discovered within two years of the acceptance. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after the completion of the work. (Ord. 602 § 13, 1959)
The permittee, at the time of applying for a permit as provided in this chapter, shall furnish to the public works supervisor written evidence that it has a public liability insurance policy in amounts of not less than one hundred thousand dollars for one person and three hundred thousand dollars for any one accident and property damage in the amount of not less than ten thousand dollars, which policy shall be in force and effect during the period of the permit. (Ord. 602 § 14, 1959)
Before any newly constructed distribution and transmission system is finally put in service, it shall be carefully tested in conformity with the codes adopted by the ordinance codified in this chapter to assure that it is gas-tight. The gas inspector shall coordinate his tests of the distribution and transmission system with that of the permittee so as to avoid duplicate tests. The gas inspector shall bill the permittee for all expenses in connection with tests or inspection. (Ord. 602 § 15, 1959)
Any distribution or transmission system constructed prior to the effective date of the ordinance codified in this chapter shall be given a test for leaks in the manner prescribed in the ASA Code relating to the up-rating and increasing of pressure in existing mains. Wherever the ASA Code relates to up-rating and increasing pressure in existing mains, it shall also apply equally where natural gas is introduced into existing mains which have previously carried manufactured gas. (Ref. ASA Code B31.1.8, Sec. 845.34, 845.23, 845.44) (Ord. 602 § 16, 1959)
Maintenance of distribution and transmission systems shall be made with such materials and by such methods as are provided for by this chapter for new work except when in the judgment of the gas inspector it is impractical to do so. (Ord. 602 § 17, 1959)
Service shall not be connected to steel mains by means of a clamp or saddle-type service connection, except by special permission of the public works supervisor. (Ord. 602 § 18, 1959)
Rubber, plastic or nonmetallic pipe shall not be used in any distribution or transmission system. (Ord. 602 § 19, 1959)
Service shut-offs shall be installed on all new services (including replacements) at the curb or property line for each service, or at an easily accessible place on the outside of the building served. If this latter method is used, such service shall not enter a building directly without coming aboveground. (Ref. ASA Code, Sec. 847.13) (Ord. 602 § 20, 1959)
All pipes shall be laid in alleys or easements whenever possible, or at locations generally on the south and west sides of streets and alleys as directed by the public works supervisor. Pipes shall have a lateral clearance of not less than four feet from water mains and twelve inches from any other subsurface structure; provided, that under exceptional circumstances the public works supervisor, with the written consent of the utility involved, may authorize less clearance. Pipes shall have a vertical clearance of twelve inches when crossing another pipe. Pipes shall be laid with a cover of not less than thirty inches except that under exceptional circumstances the public works supervisor, with the written consent of the utility involved, may authorize less clearance. Pipes shall have a vertical clearance of twelve inches when crossing another pipe. Pipes shall be laid with a cover of not less than thirty inches except that under exceptional circumstances the public works supervisor may authorize less coverage. Where the trench is in rock the cover may be twenty-four inches if the pipe is properly cushioned. In the event interference with other subsurface structures makes it impractical to maintain the above depths, the public works supervisor, with the written consent of the utility involved, may permit gas pipelines and mains to be constructed so as to avoid such subsurface structures. (Ord. 602 § 21, 1959)
The provisions of Section 8 of the “American Standard Code for Pressure Piping—Gas Transmission and Distribution Piping Systems” 1955 Edition (ASA B31.1.8. 1955), and the “Rules and Regulations Pertaining to Matters of Public Safety in the Construction and Operation of Facilities for the Transmission and Distribution of Gas,” of the Public Service Commission of the state of Washington, consolidated Cause Nos. U-8799 and U-8800, adopted June 28, 1955, on file in the office of the city clerk, are each hereby adopted by reference as the construction, operation, safety and maintenance standards of the city; provided that, in the event any of the provisions of the ASA Code conflict with any of the provisions of this chapter or such state rules and regulations as the case may be, shall govern and be observed.
All amendments and additions to the ASA Code and/or the state rules and regulations, when printed and filed with the city clerk, shall thereupon become amendments and additions hereto, if not in conflict with the provisions of this chapter. (Ord. 602 § 22, 1959)
If the gas company installs cathodic protected pipe, it must comply with the following requirements:
A. Furnish the public works supervisor with the description of the place or places where the anode has been installed;
B. Every pipeline which is caused to become the cathode of a field of electrical forces or currents in the earth shall be connected by electrical bonds to all other underground metallic pipelines or structures located in the same highway as the cathodic pipeline. One such bond shall be installed for each anode which is installed and in a location closer to that anode than to any other anode. All bonds shall be metallic electrical conductors of sufficient mechanical strength to assure burial without breaking, completely coated with a heavy moisture-resistant dielectric coating and securely clamped, brazed or welded to the interconnected pipelines or structures. The connections shall also be heavily coated with dielectric material.
In the event that the public works supervisor shall find that a bond is not required in a particular location to prevent damage to unbonded pipes or structures, that bond need not be installed.
For the purpose of this section the term “cathodic protection” shall mean a system for protecting one or more pipelines in which system all parts of the pipelines are caused to become the cathode of one or more fields of electrical forces or currents in the earth, the anodes of which are each located at a distance from the protected pipelines or structures and are electrically connected by suitable insulated metallic conductors to the protected pipelines or structures. (Ord. 602 § 23, 1959)
During construction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of abutting property and to the general public, provided that the public works supervisor may permit the closing of highways to all traffic for a designated period of time, if, in his opinion, it is necessary. The permittee shall route and control all traffic, including its own vehicles, as directed by the traffic division of the police department. The following steps must be taken before any highway may be closed or restricted to traffic:
A. Receive the approval of the public works supervisor and the traffic division of the police department;
B. Notify the chief of the fire department of any highway so closed. Upon completion of construction work, the public works supervisor and traffic division shall again be notified before traffic is moved back to its normal flow so that any necessary adjustments may be made. Where flagmen are deemed necessary by the public works supervisor, they shall be furnished by the permittee at its own expense.
Through traffic shall be maintained without the aid of detours if possible. In instances in which this would not be feasible, the public works supervisor will designate detours. The city will maintain roadway surfaces of existing highways designated as detours without expense to the permittee, except in case there are no existing highways, the permittee will construct all detours at its expense and in conformity with the specifications of the public works supervisor. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment. (Ord. 602 § 24, 1959)
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. It shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, twelve inches wide and of length required together with necessary blocking. The walk shall be not less than four feet in width and shall be provided with a railing if required by the public works supervisor. (Ord. 602 § 25, 1959)
The permittee shall not interfere with any existing utility without the written consent of the public works supervisor and the utility involved. If it becomes necessary to move an existing utility, this shall be done by the utility charged with the operation of the same. Whenever the permittee’s utility, occupying space in any highway, interferes with the actual construction of any public improvement, such utility shall be moved by the permittee. No utility, either publicly or privately owned shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee.
The permittee shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the construction or maintenance work and do everything necessary to support, sustain and protect the same under, over, along or across the work. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, they should be repaired by the authorities having control of the same and the expense of such repairs shall be charged to the permittee and its bond shall be liable there for.
The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor.
The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage. (Ord. 602 § 26, 1959)
The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the construction or maintenance work and shall be responsible for all damage to public or private property or highways resulting from its neglect to exercise proper protection in the prosecution of such work.
Whenever it may be necessary for the permittee to trench through any lawn area the sod shall be carefully cut and rolled and replaced after ditches have been backfilled, as provided in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began.
The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public parks, the city park department. (Ord. 602 § 27, 1959)
The permittee shall not disturb any surface monuments or hubs found on the line of the improvements until ordered to do so by the public works supervisor. A penalty of twenty-five dollars shall be imposed for any monument or hub disturbed without such order. (Ord. 602 § 28, 1959)
All damage done to existing improvements during the progress of construction or maintenance work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of applicable ordinances. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the public works supervisor may cause the necessary labor and materials to be furnished by other parties and the cost shall be charged against the permittee, which shall be liable on its bond therefor. (Ord. 602 § 29, 1959)
Property lines and limits of easements shall be indicated on the plans and it shall be the permittee’s responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond those limits shall be the sole responsibility of the permittee. (Ord. 602 § 30, 1959)
All material excavated from trenches and piled adjacent to the trench, or in highways shall be piled and maintained in such a manner that the toe of the slope of the excavated material is at least eighteen inches from the edge of the trench. It shall also be piled so that as little inconvenience as possible is caused to public travel. When the confines of the area through which the gas pipes are to be laid are too narrow to permit the piling of excavated material beside the trench, such as might be the case in an alley, the permittee may be required to haul excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites required. (Ord. 602 § 31, 1959)
The work shall be conducted so as not to interfere with access to fire stations and fire hydrants. Material or obstructions shall not be placed within fifteen feet of fire plugs. Passageways leading to fire escapes or fire fighting equipment shall be kept free of material piles or other obstructions. (Ord. 602 § 32, 1959)
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the progress of the work, and shall replace the same in as good condition as it found them or shall make such final provisions for them as the public works supervisor may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, mud, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage resulting from its failure to so provide. (Ord. 602 § 33, 1959)
As the construction or maintenance work progresses, all highways and private property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. Cleaning up the location of such properties or highways shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the public works supervisor before final acceptance of the work. From time to time as may be ordered by the public works supervisor, and, in any event, immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within twenty-four hours after having been notified to do so by the public works supervisor, the work may be done by the public works supervisor and the cost thereof charged to the permittee and the permittee’s bond shall be liable for the cost thereof. (Ord. 602 § 35, 1959)
A. Except by special permission from the public works supervisor, no trench shall be excavated more than three hundred feet in advance of pipe laying, nor left unfilled more than seven hundred feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available to the site ready to put in place.
B. Trenches shall be braced and sheathed according
to the safety standards for construction work of the State Department of Labor
and Industries of
C. The completed trench shall be kept not less than thirty feet ahead of the pipe layers. The trenches shall be at least six inches wider on each side, or a total width of twelve inches more than the exterior diameter of the pipe, except where pipes are of four inches in diameter or under. If rock is excavated it shall be removed to a depth of six inches below the bottom and the trench refilled with sand or noncorrosive soil or one and one-fourth inch minus gravel and well tamped.
D. The permittee shall furnish all necessary machinery for the work and shall pump, bail, or otherwise remove any water which accumulates in the trenches. The permittee shall perform all work necessary to keep the trenches clear of water while the foundations and the masonry are being constructed or the pipe laid.
E. Excavation for manholes and other structures shall be sufficient to leave at least twelve inches between their outer surfaces and the sides of the excavation. (Ord. 602 § 36, 1959)
Unless otherwise specifically permitted by the public works supervisor, water, either from surface or subsurface origin, will not be permitted in the trenches at any time during construction and until back-filling over the top of the pipe has been completed; nor will the ground water level in the trench be permitted to rise above an elevation of six inches below the pipe. Dewatering trenches, when required, may be accomplished in any manner the permittee desires, provided the chosen method has the approval of the public works supervisor. Any damage resulting from the failure of the chosen method to operate properly, however, shall be the responsibility of the permittee, and shall be repaired in a manner satisfactory to the public works supervisor, at the permittee’s expense. (Ord. 602 § 37, 1959)
Whenever it is necessary to break through existing pavement for the purpose of constructing gas service facilities, and where trenches are to be four feet or over in depth, the pavement and the base shall be removed to at least six inches beyond the outer limits of the subgrade that is to be disturbed in order to prevent settlement, and a six-inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used to cut a kerf enough to permit complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement. (Ord. 602 § 38, 1959)
Tunnels under pavement shall not be permitted except by permission of the public works supervisor, and if permitted, shall be adequately supported by timbering and backfilling under the direction of the public works supervisor. Where gas pipe is to be tunneled or bored under a highway, except sidewalks, such pipe shall be driven through or bored in a casing of sufficient strength, which casing shall be left in place with the ends closed around the pipe. (Ord. 602 § 39, 1959)
Backfilling in all public streets and improved areas, both public and private, shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench is dug. Compacting shall be done by mechanical tampers or vibrators, by rolling in layers, or by water settling, as required by the soil in question. The decision as to whether a trench shall be water settled or not, shall be made by the public works supervisor. When water is taken from a fire hydrant the permittee shall assign one man to operate the hydrant and shall make certain that the man has been instructed by the water department in the operation of the hydrant. The water department shall likewise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrants during the operation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the water department. (Ord. 602 § 40, 1959)
When backfilling is done by water settling, excavations above utility installations shall be deposited uniformly in layers of not more than five feet in thickness and shall be thoroughly flooded. During the flooding, the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of backfill with bars. All bars used shall be long enough to extend entirely through the layer being filled and shall be forced down through the loose backfill material. As the bars are withdrawn, the water shall be allowed to flow downward around the bar. The channel or hole formed by the bar shall be kept open and the water kept running into it until the fill has settled. Sufficient hose shall be provided in order to apply water to the trench at intervals of not to exceed one hundred feet. All work shall be done in such a manner as to obtain a relative compaction through the entire depth of the backfill of not less than that which exists adjacent to the excavation. (Ord. 602 § 41, 1959)
Backfilling up to the first eighteen inches above the top of utility pipes or similar installations shall be done with thin layers; each layer is to be tamped by manual or mechanical means. Layers that are hand-tamped shall not exceed four inches in thickness; layers that are power-tamped shall not exceed six inches in thickness. These same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling.
Backfilling of all pipes of over twenty-four inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The backfill around all pipes twenty-four inches or less in diameter shall be flooded or tamped as specified above to a depth of eighteen inches above the top of the pipe, before any additional back-filling is placed thereon. (Ord. 602 § 42, 1959)
Wherever excavation is made through rock, pipe shall be laid six inches above the rock bottom of trench and the space under, around and six inches above pipe shall be backfilled with clean river sand, noncorrosive soil or one and one-fourth inch minus gravel. Broken pavement, large stones, roots and other debris shall not be used in the backfill. (Ord. 602 § 43, 1959)
Backfilling shall be completed by placing the material well up over the top of the trench or in the case of concurrent street construction, to the grade of bottom of ballast and for dry backfilling, rolling with a roller of an approved type or with the rear of a truck carrying at least five tons, until the surface is unyielding. The surface shall then be graded as required. When a pipeline is laid at an elevation below the ground water level extreme care shall be exercised upon completion of the line not to allow the ground water to rise in the trench for settlement or other purposes until sufficient backfill has been placed over the pipe to prevent the pipe from floating. (Ord. 602 § 44, 1959)
The permittee shall restore the surface of all highways to their original condition in accordance with the specifications of the public works supervisor.
The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place. This gravel shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee must exercise special care in making temporary restorations and must maintain such restorations in safe travelable condition until such time as permanent restorations are made.
The asphalt which is used in the bituminous mixture for pavement herein required, shall be in accordance with the specifications of the public works supervisor. (Ord. 602 § 45, 1959)
If the permittee shall have failed to restore the surface of the highways to their original and proper condition upon the expiration of the time fixed by such permit or upon the completion of the work allowed to be done under such permit, the public works supervisor shall, if he deems it advisable, have the right to do all work and things necessary to do so. The permittee shall be liable for the expense thereof upon the bond filed at the time of granting the permit, and the city shall have a cause of action for all fees, expenses and amounts paid out upon such work; provided, that in any case, it shall be the duty of the permittee to guarantee and maintain the area disturbed for two years after returning it to its original condition. Provided further, that if, in the judgment of the public works supervisor, it is not expedient to replace the pavement over any cut or excavation made in any highways upon the completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the permittee to commence in good faith the replacing of such temporary pavement within five days after the date of such notice, the public works supervisor may lay such temporary pavement himself and collect the cost thereof from the permittee in the manner hereinbefore provided. (Ord. 602 § 46, 1959)
The public works supervisor shall make inspections to see that the provisions of this chapter are complied with and the expenses of the same shall be paid by the permittee upon a bill therefor being submitted by the public works supervisor to the city at the rate of three dollars per hour. (Ord. 602 § 47, 1959)
Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the public works supervisor within sixty days after new installations, changes or replacements are made. (Ord. 602 § 48, 1959)
Compressor stations shall not be over thirty feet in height and shall be of sound-proof masonry material. All machines shall be placed on a shock-absorbing mounting and on a suitable reinforced concrete footing to reduce vibration. Necessary silencers on the air-intake openings, sound insulations of the mufflers and other piping, and soundproofing of the interior of structures shall be provided. No machine shall be loaded beyond the capacity as prescribed by the manufacturer. No smoke or soot shall be permitted to emanate from the operation of the station. Noise, vibration, odors or other conditions which create nuisances shall not be permitted in compressor stations or regulators. (Ord. 602 § 49, 1959)
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars, or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment. (Ord. 602 § 50, 1959)
Sections:
12.12.010 Carnivals, circuses, and parades.
12.12.020 Main business streets defined.
The main business streets of the city shall not be used for the erection or operation of carnival or circus tents, equipment or paraphernalia, for Fourth of July or other celebrations, trade fairs or similar activities; provided, this shall not prevent the use of such streets for parades. (Ord. 612 § 1, 1960)
“Main business
streets” as used in this chapter means and includes
Sections:
12.20.010 Definition.
12.20.020 Owners of private property—Sufficient signature determination.
12.20.030 Petition—Right to make.
12.20.040 Petition—Consents—Signature.
12.20.050 Petition—Filing fee.
12.20.060 Petition—Hearing—Time fixed.
12.20.070 Petition—Withdrawal prohibited.
12.20.080 Hearing—Posting notice.
12.20.090 Hearing—Decision.
12.20.100 Petitions—Supplemental—Conditions.
12.20.110 Granting—Conditions.
12.20.120 Granting—Portion of petitioned area.
The term “owner of an interest in real estate” means the owners of fee title, mortgages and contract vendees. (Ord. 1171 § 1, 1993)
For the purpose of determining sufficiency of signatures of owners of private property on the petition or consent to vacate, the following rules shall govern:
A. The signature of an owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse.
B. In the case of mortgaged property, the signature of the mortgagor shall be sufficient.
C. In the case of property subject to a contract of purchase, the signatures of the contract vendor and vendee shall be required.
D. In the case of ownership by corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by an excerpt of the bylaws or the resolution, certified by the secretary of the corporation, granting such authority.
E. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property. (Ord. 1171 § 2, 1993)
The owners of an interest in any real estate abutting upon any street or alley may petition the city council to vacate the street or alley, or any portion thereof, or the city council may itself initiate such vacation procedures by resolution. (Ord. 1171 § 3, 1993)
The petition shall describe the street or alley or a portion thereof desired to be vacated, and shall be signed by owners of more than two-thirds of the private property abutting upon the part of the street or alley sought to be vacated. (Ord. 1171 § 4, 1993)
The petition properly signed shall be filed with the city clerk upon payment of a filing and appraisal fee, which shall be paid into the general fund of the city to aid in defraying of expenses incurred by the city in checking the sufficiency of such petition and investigating or reporting the facts and shall not be returned to the petitioners, regardless of the city council’s action on such petition. The amount of the fee shall be determined as follows:
A. One to five separate ownerships abutting the proposed vacation, a minimum of fifty dollars;
B. An additional sum of ten dollars for each additional ownership over five. (Ord. 1171 § 5, 1993)
A. Petition Method. If signed by the owners of more than two-thirds of the property abutting the portion of the street or alley to be vacated, at a regular council meeting following the filing of such petition, the council, by resolution, shall fix a time
when the petition will be heard and determined, which time shall not be more than sixty days nor less than twenty days after the date of passage of such resolution.
B. Resolution Method. In cases where vacation is initiated by city council resolution, the resolution shall include the date for a hearing on the vacation. (Ord. 1171 § 6, 1993)
No petitioner may withdraw his petition or consent after the council has set a time for hearing, although the petitioners may be heard at the public hearing, to present any information which bears upon the public advantage to be served or harmed by the proposed vacation. (Ord. 1171 § 7, 1993)
A. Petition Method. At least twenty days prior to the hearing, the city clerk shall issue a written notice, which shall be posted as follows:
1. In three of the most public places in the city; and
2. On a conspicuous place on a portion of the street or alley to be vacated.
The notice shall contain a statement that a petition requesting vacation has been filed or a resolution passed to vacate the portion described in the notice, along with a statement of the time and place set for the hearing on the matter.
B. Resolution Method—Additional Notice. In all cases where the proceeding is initiated by city council resolution, in addition to the above required notice, a similar notice shall be sent by mail at least fifteen days before the hearing to each owner of any property abutting upon any part of the portion of the street or alley sought to be vacated. Ownership shall be determined as shown on the rolls of the county treasurer, and directed to the address shown thereon.
C. Resolution Method—Divestiture of Juris-diction to Proceed. If fifty percent or more of the abutting property owners file written objections to the proposed vacation with the clerk, prior to the time of hearing, the city shall not proceed with the resolution. (Ord. 1171 § 8, 1993)
At the time of the hearing on the vacation, or at such time as the same may be continued by the city council, the matter shall be considered, and those desiring to speak on the vacation shall be heard. Following the hearing, the council shall determine whether to grant the petition and/or proceed with the vacation. Such determination shall include, but not be limited to, consideration of the following criteria:
A. Whether a change of use or vacation of the described portion will better serve the public good;
B. Whether the street, alley or portion thereof is no longer required for public use;
C. Whether the substitution of a new and different way would be more useful to the public; or
D. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and
E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the same. (Ord. 1171 § 9, 1993)
Supplemental petitions or objections, containing signatures of additional persons or owners of abutting property petitioning for and consenting to such vacation may be filed as a part of, and considered with, the initial petition; provided, that such supplemental petitions shall not extend the description of the area sought to be vacated or add a new or different condition to such vacation. (Ord. 1171 § 10, 1993)
If the city council determines to grant the vacation, such action shall be made by ordinance with such conditions or limitations as the council deems necessary and proper to preserve any desired public use or benefit.
A. Appraisal. If the city council determines to grant the vacation, it shall require the petitioners to pay an appraisal fee into the general fund of the city to aid in defraying the expenses incurred by the city in appraising the property. The amount of the fee
shall be determined by the city clerk. In the event that the appraisal fee, computed by the clerk’s estimate, proves to be insufficient, the balance of the appraisal fee shall be paid by the petitioner. The appraisal fee shall not be returned to the petitioner.
B. Easements. If the city council deems that to grant the vacation shall be to the public’s interest and advantage, the council may, by ordinance, vacate such street, alley or part thereof, reserving to the city an easement for the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services and may impose such other conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit.
C. Rededication. The city council may impose conditions on the vacation. For example, if the council finds that future development of undeveloped land abutting such street or alley may alter or increase need or public use in such strip, such vacation may be granted only upon execution of a covenant running with such abutting land to rededicate such a portion upon a declaration of public use and necessity by the council.
D. Waterfront. The city shall not be authorized or have authority to vacate such street or alley, or any parts thereof if any portion thereof abuts on any body of water unless such vacation be sought to enable the city to acquire the property for port purposes, boat moorage or launching sites, park viewpoint, recreational or educational purposes, or other public uses. This provision shall not apply to industrial zoned property.
E. Compensation. Any ordinance granting a street vacation may provide that it shall not become effective until the owners of property abutting upon each side of the street or alley, or part thereof so vacated, shall compensate the city in an amount which does not exceed the maximum amount allowed by law. Any funds so received shall be expended in the manner allowed by RCW Chapter 35.79 and other applicable law.
F. Recording. Upon its effective date, a certified
copy of the ordinance granting vacation shall be recorded by the city clerk in
the office of the
If, after a hearing, the council determines that the petition cannot be granted in whole, but that a portion of the area described in the original petition may be vacated, the council, may, by ordinance, vacate such portion in accord with the provisions of Section 12.20.110. (Ord. 1171 § 12, 1993)
Sections:
12.28.010 Repairs—Maintenance—Responsibility.
Whenever any street, lane, square, place, or alley in the city shall have been improved by the construction of a sidewalk or sidewalks, along either or both sides thereof, the duty, burden and expense of maintenance, repair and renewal of such sidewalk or sidewalks shall devolve upon the property directly abutting upon that side of the such street along which such sidewalk has been constructed as hereinafter provided. Whenever in the judgment of the street committee of the city council, the condition of any sidewalk is such as to render the same unfit or unsafe for purposes of public travel, the street committee shall direct the street superintendent or police chief to notify, and such officer shall thereupon serve a notice on the owner of the property immediately abutting upon such portion of the sidewalk of the condition thereof, instructing the owner to clear, repair, or renew the portion of the sidewalk. The notice provided for shall be deemed sufficiently served if delivered in person to the owner of the property or his authorized agent, or by leaving a copy of such notice at the home of the owner or authorized agent, or if the owner is a nonresident by mailing a copy of his last known address, or if the owner of the property be unknown, or if his address be unknown then such notice shall be addressed to the general delivery office of the city wherein the improvement is to be made, such notice shall specify a reasonable time within which such cleaning, repairs, or renewal shall be executed by the owner, and shall state that in case the owner shall fail to do such cleaning or to make such repairs or renewal within the time specified therein which shall be not less than ten days, then the officer or department will proceed to clean the sidewalk or to make such repairs or renewals forthwith, and will report to the city council at its next regular meeting or as soon thereafter as possible, the date to be definitely stated, an assessments roll showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved, the cost of such improvement or repair and the name of the owner, if known, and that the council will hear any or all protests against the proposed assessment. The council shall at the time in such notice designated or at an adjourned time or times assess the cost of such work against the property in accordance with the benefits devised therefrom, which charge shall become a lien upon the property and shall be collected by due process of law in the manner provided by Chapter 98 of the session laws of 1911 relating to local improvements in cities and towns and by Ordinance No. __________of the city of Sedro Woolley relating to local improvements in the city. For the purposes of this chapter all property having a frontage upon the side or margin of any street shall be deemed to be abutting property and such property shall be chargeable, as provided in this chapter for all the costs of maintenance, repairs or renewal of any form of sidewalk improvement between the street margin and the roadway lying in front of and adjacent to the property, and the term sidewalk, as intended in the purposes of this chapter, shall be taken to include any and all structure or forms of street improvement included in the space between the street margin and roadway. (Ord. 130 § 1, 1913)
Sections:
12.32.010 Posting.
It shall be the duty of the police chief under the direction of the street committee of the city council, to post the names of the respective streets in a conspicuous place on each street crossing within the city limits. The letters composing the names of the respective streets shall be painted in such size as the street committee shall determine, and shall be posted without unnecessary delay. (Ord. 156 § 1, 1915)
Sections:
12.36.010 City
parks—Regulations.
12.36.015 Sedro-Woolley
school district.
12.36.020 Recreational
vehicle facilities and covered areas.
12.36.025 Fee
waivers for city owned facilities.
12.36.030 Community
center facility.
12.36.035 Regulations
for golf course.
12.36.040 Penalties.
The following regulations shall apply to the use of city parks:
A. No person shall possess, display or consume any alcoholic beverages or intoxicating liquors while in any city park unless with a valid liquor permit.
B. No person shall throw, drop, deposit, discard or otherwise dispose of litter in any city park except in a designated litter container.
C. No person shall permit an animal in a city park except when contained by a leash, and animal waste must be picked up and properly disposed.
D. No person shall enter the
E. No person shall remove or relocate any tables, garbage cans, or other equipment in any city park.
F. No person shall operate or park a vehicle in any city park except in designated traffic and parking areas, and in conformance with posted traffic regulations.
G. No person shall use city park facilities without prior payment when such payment is required by ordinance. (Ord. 1126 § 1, 1993)
Upon approval by the city council, the city may enter into an interlocal agreement with the Sedro-Woolley school district that would govern the district’s use of city owned facilities without regard to the rules and fees in this chapter. (Ord. 1588-07 § 3, 2007)
In addition to the rules that shall apply to the use of city parks, the following regulations shall apply to the use of recreational vehicle facilities and covered areas and shelters:
A. Length of Stay. No person shall use the
B. Fees.
1. A fee of fifteen dollars per night shall be charged in advance for each space rented.
2. A fee of ten dollars per night shall be
charged in advance for each tent site at the
C. Reservations.
1. Reservations for the
2. The large covered eating area at the
3. The small covered eating area at the
4. The Memorial Park shelter may be reserved by paying a fee of one hundred dollars at the time reservation is made.
5. The Bingham Park shelter may be reserved by paying a fee of one hundred dollars at the time reservation is made.
6. If the reservation for park facilities is not canceled at least sixty days before the reservation date, it will not be refunded without approval of the mayor, or his/her designee. If the covered eating area is not reserved, it is available to the public without charge on a first-come, first-served basis. Reservations may be made at the city clerk’s office.
C. The Hammer Heritage Square may be reserved by paying a fee of two hundred dollars at the time reservation is made, except, that the city council may authorize the use of this facility free of charge to the Sedro-Woolley Farmers Market on an annual basis. (Ord. 1596-07 §§ 1, 2, 2007; Ord. 1566-07 § 1, 2007; Ord. 1403-01 § 1, 2001: Ord. 1396-00 § 1, 2000: Ord. 1347-99 § 1, 1999: Ord. 1258-96 § 1, 1996: Ord. 1202 § 1, 1994: Ord. 1126 § 2, 1993)
City facilities may be utilized free of any charge for rental or utilities by the city of Sedro-Woolley any city use and for certain community events sponsored by and authorized by the council including the following events: Founders’ Day, Loggerodeo (includes 4th of July), City of Lights Festival, and Thanksgiving. Additional events may be authorized at the discretion of the council. (Ord. 1588-07 § 1, 2007)
In addition to the rules that shall apply to the use of city parks, the following regulations shall apply to the use of the city-owned community center:
A. Permitted Uses. The community center will be used for social functions such as parties, class reunions, wedding receptions and other similar activities. No retail sales or other profit-making activities shall be permitted unless they are carried out by a nonprofit organization. This organization must show proof that it has nonprofit status. Any activity not mentioned above will require city council approval. The city reserves the right to deny usage to any person or organization.
B. Reservations. The community center and buildings may be reserved for the periodic and temporary use of the residents and groups within the city. Reservations must be made in person at the city clerk-treasurer’s office, where a calendar of such reservations will be maintained. Reservations may be made up to one year in advance of the reserved date.
C. Rental Fees. Rental fees for the use of the community center are as follows:
|
|
Resident |
All Others |
Community Group |
|
Monday
through Thursday |
$100.00 |
$250.00 |
$25.00 |
|
Friday
through Sunday |
150.00 |
300.00 |
25.00 |
If alcoholic beverages, live music, or dancing are to be provided at the community center, the fees will be as follows:
|
|
Resident |
All Others |
Community Group |
|
Monday
through Thursday |
$250.00 |
$400.00 |
$25.00 |
|
Friday
through Sunday |
300.00 |
500.00 |
25.00 |
An additional fee of twenty-five dollars will be charged for the use of the kitchen facilities. Rental fees must be paid at the time the reservation is made. If the reservation is not canceled at least sixty days before the reservation date, it will not be refunded.
Payment In-Kind. Upon the prior approval of the city council, the city may accept rental payments from community groups through in-kind contributions to the city including, but not limited to, improvements to the community center or other city owned facilities. This section is intended, for example, to allow the Sedro-Woolley Rotary Club to establish a rental credit in the amount of the value of an improvement to a city owned facility.
Community Group Eligibility. To
be eligible to receive the rates for community groups (Rate table under SWMC
12.36.030); the person, group or organization must submit a request to and
receive approval from the mayor or designee. To approve the reduced rate, the
mayor or designee shall find that the group meets the definition of a community
group and that the event provides a benefit to the citizens of the city of
Definitions:
(1) “Community groups” means those civic organizations located within
the city of
(2) “Resident” means a person who resides within the corporate limits
of the city of
(3) “All others” means any person, group or organization that does not categorically fall unto any other definition herein.
D. Time Limits. Persons or groups using the community center must be out of the premises as follows:
|
Sunday through Thursday |
|
|
Friday through Sunday |
|
E. Security Deposit. After use of the community center, it must be cleaned up and restored to the city in the same condition as found by the user. The person renting the reservation shall be liable for any cost of cleanup and repair. A security deposit must be paid no less than three days prior to the event, in the sum of the greater of:
1. Two thousand dollars if alcohol is served or permitted;
2. Two thousand dollars if dancing or live music is permitted; or
3. One hundred dollars if alcohol, dancing and music are not permitted.
This deposit may be in the form of cash or an approved surety bond given to the city clerk. All or a portion of this deposit may be retained if the premises is not cleaned and restored to its original condition or if there is any damage to the premises, furnishings, or exterior premises. This remedy is cumulative, and in addition to any other remedy or cause of action provided by law or agreement. Each group shall have the use of the community center as long as they conduct their activities in a lawful manner either inside or outside the building, so as to not interfere with neighboring property owners. The city shall have the right to revoke all privileges if warranted by complaints of excessive noise or any other valid complaint. Complaints against any user of the community center or violation of any city ordinance shall be grounds for forfeiture of privileges and forfeiture of security and damage deposit.
F. Key. All community center keys shall be returned
no later than
G.