ORD 84-11 PERMITS FOR CONSTRUCTION WORKORDINANCE NO. 84-11
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, AMENDING SECTION 2 OF ORDINANCE 78-07
REGARDING PERMITS FOR CONSTRUCTION WORK ON CITY
UTILITIES, STREETS OR PROPERTY; REQUIRING POSTING
OF A PERFORMANCE AND SURETY BOND.
WHEREAS, the City Council finds that adequate pro-
vision should be made for maintenance of work done in the City
streets and on City property, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 2 of Ordinance No. 78-07 is hereby
amended to read as follows:
Section 2. Permit-Application. Any person intending
to perform the work defined in Section 1 of Ordinance
78-07 shall first apply to the City for issuance of a
permit. The application shall include a description
of the work to be performed, a sufficient description
of the location to allow inspection, the date the work
will start and the estimated date of completion, together
with any other additional information required by the
city engineer.
Section 2. Surety Bond Required.
A. Before a permit as provided in Section 1 of Ordinance
78-07 is issued, the applicant shall deposit with the city
clerk a surety bond or other security in such reasonable
amount as set by the city engineer, but not less than 125% of
the estimated costs of the work. The required surety bond or
other security must be:
1. With good and sufficient surety, if a bond;
2. By a surety company authorized to transact business
in the state, if a bond;
3. Conditioned upon the permittee's compliance with
Ordinance 78-07 and to secure and hold the City and
its officers harmless against any and all claims,
judgments, or other costs arising from the excavation
and other work covered by the permit or for which the
city, the city council or any city officer may be made
liable by reason of any accident or injury to persons
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Ordinance NO. 84-11
or property through the fault of the permittee.
4. Conditioned upon the permittee filling up, restoring
and placing the street or other property in good and
safe condition as near as may be to its original
condition and patching all openings and excavations
made in streets to the satisfaction of the City Engineer
or his designee.
5. Conditioned on the street or other property where the
excavation or other work is performed remaining in as
good a condition for a period of 12 months after the
work has been done, usual wear and tear excepted, as
it was in before the work was done. The city engineer
may reduce the amount of the bond or other security to
not less than 15% of the amount of the original bond or
security for this 12 month period.
B. Any settlement of the surface of the street or other
property within the 12 month period is conclusive evidence of
defective backfilling by the permittee.
C. Nothing contained in this ordinance requires the permittee
to maintain any repairs to pavement made by the city if such repairs
should prove defective.
D. An annual bond may be given under this provision which
shall remain in force for one year conditioned as provided in this
section, in the amount specified in this section, and in other
respects as specified in this section, but applicable as to all
excavation work in streets by the principal in such bond during
the term or one year from said date.
Section 3. This ordinance shall be in full force and effect
five (5) days after passage and publication by posting as provided
by law.
/
ALICE B. TAWRESEY 6/
Mayor
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Ordinance No. 84-11
ATTEST/AUTHENTICATED:
Clerk/Treasurer
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
POSTED: June 11, 1934
EFFECTIVE DATE: June 16,
ORDINANCE NO. 84-11
May 17, 1984
June 7, 1984
1984