Jechermutsord:revised 1011-,,

ORDINANCE Z I ~ '/ 5/

AN ORDINANCE relating to utility cuts and other openings in City streets, alleys, andother public places for construction or other activities; amending Chapter 15.26

Backfilling and Chapter 15.32 Franchise and Public Utility Permits and Regulations of

the Seattle Municipal Code.

WHEREAS, the City of Seattle, Washington (the "City"), possesses a transportationsystem that is vital to the economic vitality of the City and the enhancement of the

City's quality of life and is an important public function; and

WHEREAS, a substantial portion of the City's transportation funds go to repairing andrehabilitating the City's streets; and

WHEREAS, the City wishes to preserve the investment in its transportation system; and

WHEREAS, utilities, including telecommunication carriers, provide essential services toCity residents and businesses, and the rights-of-way are critical to the ability of

utilities to provide such services, and

WHEREAS, the City authorizes public and private utilities to work in City streets andrights-of-way to operate and maintain utility services, within the limitations

established by State and Federal Law; and

WHEREAS, the work of these utilities can seriously impact the condition and useful lifeof the City's streets; and

WHEREAS, even when restoration standards are met, it is not always reasonably feasible torestore the paved surface to its condition prior to being cut, and some loss of useful

life may occur for some types of surfaces; and

WHEREAS, construction in the street rights-of-way can represent an inconvenience anddisruption to commerce and the public and citizens may become frustrated with

repeated tearing up of City streets; and

WHEREAS, the City Council, with the Mayor concurring, passed Resolution 29587stating the City's intent to review utility cut permit fees and rates paid by publicand private utilities to determine if such fees and rates cover the fall costs of

restoring the street to its original condition and reflect any loss of, or reduction in,the useful life of the street; and

WHEREAS,the aforementioned Resolution directed the Executive to review and propose a

policy that would require the street area around utility cuts to be restored to its

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original condition as quickly and efficiently as possible; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

S-ection1- Chapter 15.26 of the Seattle Municipal Code, entitled Backfilling, is amended

to add a new section as follows:

15.26.030 Quality of backrill material

The authorizing official shall require the permit holder to use a select backfill

material approved by the Director of Transportation that achieves a level of subgrade

support for all temporary and permanent street restorations that prevents settling of the

base in relation to the surrounding street area.

S-e-ction2. Section 15.32.050 of the Seattle Municipal Code is amended as follows:

15-32.050 Coordination of Projects and Deferment of Construction

& The authorizing official may, in such official's reasonable discretion, defer

construction or other activity under any permit provided for in this chapter, until such

time as such official deems proper in all cases where the public place on which the work

is desired to be done is occupied or about to be occupied in any work by the City, or by

some other person having a right to use the same in such manner as to render it seriously

inconvenient to the public to permit any further obstruction thereof at such time, and in

granting such permit, may so regulate the manner of doing such work in order to cause

the least inconvenience to the public in the use of such public place; and in all cases any

work of the City or its contractors or employees for municipal purposes shall have

precedence over all work of every other kind.

Jechert:cutsord:revised 10/13,,-t

B. Beginning by November 1. 1997, and by October I of each succeeding year.

the Director of T_ransportation shall provide to all utilities a list of street and other

i=rovements Planned for the following three (3) years. All agencies. utilities,

franchisees, and Cijy departments planning work in a street. allgy, gr other public place

that will require a permit under this _qhoter shall submit a list of proposed pro.jects an

locations to the Director of Transportation by December 31 of each year. !his lig shall

wyer i)lanned projects for the following thrge (3) years. These lists Qf planned prp cts

shall be entered into the C4's Qeographic Information System and integrated with Qther

information on street condition and use. ThQ Director of Transl2ortatio_n and the

SuDerintendent of Parks and Recreatim shall deny agencies that fail to proyide this

information permits for construction or other activi1y under this chaptgr_ Iml-ess that

agency Ms not timely provided a list of planned -street improvements Lol thaA ye

C. The Director of TransportatiQn shall establish a Utility Coording"n

Committee for the -p=ose of coordinating street and utilijy 12ro-jecta tQ mini~mize the

frequency of street Q12enings and dis=tion to neighborhoods. This committee shall

consist of on-e (1) management =resentativ-e each from Seattle Transportation, Se&ttle

Public Utilities, and SQattle City Light. The DireLtor of Trans.12Q_rj~Ltion shall invite Qpe

representative each Lrom companies that applied in the preyious calendar year for a

,permit under,this chapter to serve in an advisojy capaci1y to this committee. The

committee shall meet at least twice a year to review and coordinate street &nd utility

pro-jects for Lhe next three (3) years. The gQmmittee shall decide which of the submitted

projects will be scheduled for the next twelve (12) months, taking into consideratio

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maximizing efficiencies, reducing inconveniQnce to the -oublic. and avoiding 3york

conflicts in the street rights-of-wgy: and- shall not allow pavement cuts 3~ Lithin thLee 3

years after resurfacing or reconstructiQn. By March 1. 1998, and by February I of each

succgeding year. the committee shall de~Lelo-D and Dublish a Street and Utilitv

lmj2rQvement Plan that lists 12ro.j ects Lt, has scheduled for Lhe next twelve ( 12) months and

shall m&e infonnation available jo affected residents, propea owners, ne~i~orh~ood

organizations, and busines~es about these pro ects. The committee shall als2maually

review and comment on the City's Pavement Opening Policies and associated fees.

chargos, inspection costs, and street restoration costs. The Director of TransDortation

shall propose to the !C-itv, Council legislation to establish fees and charges by ordinance.

D. Except for activities included in the current Street and Utility Improyernent

Plan, no permit shall be issLied under this chapter for cowdruction or other activi1y that

will commence in the street, alley. or other public place: exce,pt, that this prohibition shall

not =ply to:

1. Qmergency repairs that could not have been anticiDatgd gn& e necessmy for the

protection of the public's health and sakly;

2. new or revised _ser_vice conneeflons that have been jLequested by a util4's customer;

I construefion or other actiyiiy that will commence in the street. alley, or other public

place Lha-t does not affect or conflict with Qther pro-jects in the Street and Utiljjy

I=royement Plan or other work anticipated by the CAy or other nermit holders over

thQ next threg (3) year&- or

4. work for which the Ci1y's denial of a permit would viol&te federal law.

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E. No permit shall be issued under this ch=ter for 3york that reguires cutting or

di5turbing the paved sj1d&ce of my street, alley, or other p_u_blic place -for a period of thre

(3) years from the co=letion of resurfacing or reconstruction of that public place: except

that this prohibition shall not apply to:

1. emergency repairs that could not have been anticipated and are necessaj~y for the

protection of the public's Lealth and safety;

2. ncw or revised senice gonnections that have been requested by a utility's customer;

or

work for which the City's denial of a permit would violate fedgral law.

F. An applicant denied a nermit under the Provisions of this sectiQn may =peal to

the Director Qf Transt)ortation, whose decision in sugh matter shall be final.

Section 3. A new section is added to Chapter 15.32 of the Seattle Municipal Code,

entitled Franchise and Public Utility Permits and Regulations, as follows:

15.32.160 Street restoration requirements.

A. Anyone issued a permit for construction or other activity under this chapter

shall temporarily restore the street, alley, or other public place in a manner approved by

the Director of Transportation, or as to park drives and boulevards, the Superintendent of

Parks and Recreation, within twenty-four (24) hours after completion of the work for

which the permit was issued. This requirement of a temporary restoration shall be

waived if a permanent restoration is completed in a manner approved by the Director of

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Transportation as described in subsections C, D, and E of this section within twenty-four

(24) hours after completion of the work for which the permit was issued.

B. All permanent repairs of a temporary restoration shall be completed within one

(1) year after completion of the work for which the permit was issued. If the permittee

fails to complete the permanent restoration within this time period and in a manner

approved by the Director of Transportation as described in subsections C, D, and E of this

section, the Director of Transportation, or as to park drives and boulevards, the

Superintendent of Parks and Recreation, may restore the street, alley, or other public

place and bill the permittee for the repair as set forth in section 15.26.020. The permittee

may, at the time the permit is issued, if the Director of Transportation agrees, contract

with the Director of Transportation for completion of the permanent restoration.

C. Permanent restoration of a concrete street, alley, or other public place shall be

completed in a manner approved by the Director of Transportation. Permanent

restoration shall include, at a minimum, the following, unless the Director of

Transportation determines that the permittee can otherwise make an equivalent

restoration of the street, alley, or other public:

1. For any concrete surface fifteen (15) years old or less or in excellent condition as

determined by the Director of Transportation, entire replacement of any concrete

panel affected by the construction or other activity is required, except that in the case

of a large concrete panel, the Director of Transportation may authorize the panel to be

saw cut and require only the affected portion of the panel be replaced.

Jechertcutsordnvised IO/L5,-,

2, For any concrete surface where forty percent (40%) or more of a concrete panel is

affected by the construction or other activity, entire replacement of any concrete panel

so affected by the construction or other activity is required, except that in the case of a

large concrete panel, the Director of Transportation may authorize the panel to be saw

cut and require only the affected portion of the panel be replaced.

3. For any other concrete surface, restoration of the area of the panel affected is required.

D. Permanent restoration of an asphalt or asphalt overlay street, alley or other

public place shall be completed in a manner acceptable to the Director of Transportation.

Permanent restoration shall include, at a minimum, the following, unless the Director of

Transportation determines that the permittee can otherwise make an equivalent

restoration of the street, alley, or other public place.

1. For any asphalt surface three (3) years old or less, new asphalt for the length of the

cut and width of all lanes affected by the construction or other activity is required.

2. For any asphalt surface where thirty percent (30%) or more of the width of any lane is

affected by the construction or other activity, new asphalt for the length of the cut and

width of all lanes affected is required.

3. For any other asphalt surface, new asphalt for the length and width of the affected

area is required.

E. Permittees shall be responsible for any necessary repair of a temporary

restoration of a street, alley, or other public place until the permanent restoration is

completed. Permittees shall be responsible for any necessary repair of a permanent

restoration until the street, alley, or other public place has exceeded its useful life or has

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been repaved or reconstructed; unless the permittee contracted with the Director of

Transportation for the permanent restoration. If the permittee wh o is responsible fails to

complete any necessary repair of a failed temporary restoration within three (3) calendar

days or a permanent restoration within thirty (30) calendar days of being notified to do so

by the City, the Director of Transportation may complete the repair and bill the permittee

for the costs of such repair as set forth in section 15.26.020.

F. In those cases where the Director of Transportation, or as to park drives and

boulevards, the Superintendent of Parks and Recreation, has determined that the

permittee has not restored the street, alley, or other public place to its condition prior to

the commencement of activity under the permit, the permittee shall pay to the Director of

Transportation, or as to park drives and boulevards, the Superintendent of Parks and

Recreation, a standard charge from a schedule adopted by ordinance reflecting the

Director of Transportation's estimate of the loss in useful life of the street, alley, or other

public place as a result of the construction or other activity. Such charge shall be based

on the size of the area affected and the types of surface (concrete, asphalt, or other) and

subgrade material of the street, alley, or other public place prior to the commencement of

activity under the permit. This charge shall be paid regardless of whether the permanent

street restoration is completed by the permittee or by the Director of Transportation. All

funds collected from this charge shall be deposited in the Transportation Fund, or as to

park drives and boulevards, the Parks and Recreation Fund, and used only for pavement

replacement, repair, and maintenance, and not for any other purpose.

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Section .4. To implement the provisions of this ordinance, the Director of Transportation

shall adopt such rules and regulations as he or she deems necessary. Initial rules and

regulations should be adopted no later than December 1, 1997.

Section 5. Severability. The several provisions of this ordinance are declared to be separate

and severable and the invalidity of any clause, sentence, paragraph, subdivision, section,

subsection, or portion of this ordinance, or the invalidity of the application thereof to any

person, property, or circumstance, shall not affect the validity of the remainder of this

ordinance or the validity of its application to other persons, property, or circumstance%

Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its

approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days

after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

1-13

Passed by the City Council the 15 day of (DCkpbeA-), 1997, and signed by me

in open session in authentication of its passage this ja~tay of nc~-e,~r- 1997.~t-

ident of theCit3(C~uncil

Approved by me this Xtay of 1997.--E '[Aalk

Filed thisAC day of

(SEAL)

By:

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City of Seattle

Nommm Mayor

Executive Department - Office of Management and PlanningJudy Bunnell, Director

September 8, 1997

Honorable Jan Drago, President

Seattle City Council

Seattle, Washington

Dear Council President Drago:

A Council Resolution adopted as part of the transportation bond package directed theExecutive to review the City's policies on utility cuts and propose any necessary changes

in the form of an ordinance. By this letter, the Executive is transmitting a proposedordinance that will improve planning and coordination of utility work in City streets

among Seattle Transportation (SEATRAN) and the public and private utilities. Thisordinance also proposes to raise street restoration requirements and charge utilities for the

loss in useful life of a street resulting from utility cuts.

BackgroundIn order to access their facilities (pipes, lines, conduits, and vaults) in the street rights-of-

way, public and private utilities must secure a utility construction permit. This permit,

issued by SEATRAN, establishes traffic safety and street restoration requirements. The

department issues permits for approximately 9,000 new utility cuts each year ranging insize from simple two-foot by two-foot openings to four-foot wide trenches that can run

for many blocks.

Residents, businesses, and the traveling public can be significantly impacted by utility

cuts. Lanes are blocked off, noisy machines pound the pavement, and final restoration of

the street may take many months. In some cases, restored utility cuts may fail causingquite ajolt to the unsuspecting driver as she drives over a "square" pothole. Also,

citizens are particularly bothered when a newly paved street is cut open and complain,

"Why can't the City plan better?"

The street environment is further complicated by the changing nature of utilities,

particularly in telecommunications, where the opening of competition brings more

utilities who seek to place infrastructure in our rights-of-way. The federalTelecommunications Act of 1996 preserved the City's authority to manage its rights of

way, provided that our rules are fair and non-discriminatory and that they do not impose a

barrier to market entry by new utility service providers.

Seattle Municipal Building, 600 Fourth Avenue, Seattle, WA 98104-1826Tel: (206) 684-8080, TDD (206) 684-8118, FAX: (206) 233-0085

An equal-employment opportunity, affirmative action employer. Accommodations for people with disabilities provided on request.

SEATRAN has been making improvements in the way it administers the City's pavementopening policies. The department shares its list of upcon-dng street paving projects with

public and private utilities well in advance of construction, and has succeeded in

coordinating paving work with utility projects. SEATRAN has also raised streetrestoration requirements and exercised its authority to restrict utilities from doing capital

projects for three years after a street has been paved.

Recent measures taken by the Mayor and City Council that increase funding for

transportation projects in 1998, have renewed interest in improving our utility cut

policies. If the City does substantially more street paving, we need to make sure that we

protect this investment as best we can. A team from SEATRAN, the Office ofManagement & Planning, Seattle Public Utilities, the Law Department, and City Councilstaff have consulted several times since the resolution was passed to review current

practices and propose changes. The team looked at the utility cuts policies in other

jurisdictions (King County, San Diego, Bellevue, San Francisco, and Vancouver) and

borrowed good ideas. Outlined below are the changes contained in the proposedordinance.

Improved Coordination1. Each year, SEATRAN and the utilities will exchange lists of upcoming capital

projects.

2. This information will be entered into the City's Geographic Information System

(GIS).

3. The City will establish a Utility Coordinating Committee composed of representativesfrom SEATRAN and the public and private utilities.

4. The Committee will review the lists of likely projects, alter schedules in order tocoordinate projects planned for the same areas, and publish a Street and Utility

Improvement Plan.

5. The agreed-to Plan will be the basis for issuing utility construction permits during the

upcoming year.

6. There are provisions for exceptions to the plan for emergencies and service

connections requested by a utility's customers.

7. Once a street has been paved, utility construction permits will not be issued for a

period of three years, again with exceptions for emergencies and service connections.

Improved Street Restoration Requirements1

.

A higher grade of backfill material will be required that will result in quicker andmore-lasting repairs, even for temporary patches.

2. For concrete streets less than 15 years old, the entire concrete panel will have to be

removed and replaced regardless of the size of the utility cut.

3. Full panel replacement will also be required for large utility cuts in older concrete

streets.

4. For asphalt streets less than 3 years old, the asphalt overlay on the entire lane will

have to be removed and restored for the length of the utility cut regardless of its size.

5. For large cuts in older asphalt streets, the overlay will also have to be removed and

restored for the entire lane for the length of the utility cut.

6. Utilities will have to pay a charge for all cuts that result in a loss in the useful life of

the street.

SEATRAN is already drafting revisions to its Pavement Opening Policies that will beimplemented by the end of this year, following adoption of the proposed ordinance. This

document will contain revised fees and charges for utility permits. Also, the Mayor's,

1998 Proposed Budget includes a half-time position to handle the increased coordination

work. The position will be funded by the fees charged to utility construction permitholders.

Although these changes are good for the City and our transportation system, it will

increase costs for the utilities and their customers. We have already reviewed draftproposals with the utilities and have incorporated some of their comments. However, werecommend that the Council consider holding a public hearing on this issue to ensure thatthe utility companies and their customers are given adequate opportunity to comment. It

is important to note that current policies in Seattle are less stringent than in some other

jurisdictions in the area, but that the proposed ordinance represents a significant change.

If you have additional questions, please contact Jim Echert, Office of Management &

Planning, at 684-8894.

ily B'

u u nell, Director

Office oi Management & Planning

cc: Councilmember Martha Choe, Seattle City Council

Councilmember Charlie Chong, Seattle City Council

Councilmember Cheryl Chow, Seattle City Council

Councilmember Sue Donaldson, Seattle City Council

Councilmember Richard McIver, Seattle City Council

Councilmember Jane Noland, Seattle City Council

Councilmernber Margaret Pageler, Seattle City Council

Councilmember Tina Podlodowski, Seattle City Council

Steve Johnson, Mayor's Office

Daryl Grigsby, SEATRANDiana Gale, Seattle Public Utilities

Gary Zarker, Seattle City Light

Jim Echert, OMP

JEehert:cutsord:9/12/97

ORDINANCE

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AN ORDINANCE relating to utility cuts and other openings in City S11 ~,-ets, alleys, andother public places for construction or other activities; amending

C-Papter15.26

Backfilling and Chapter 15.32 Franchise and Public Utility Permiffi and Regulations of

the Seattle Municipal Code.

WHEREAS, the City of Seattle, Washington (the "City"), possesses a transportationsystem that is vital to the economic vitality of the City,and the enhancement of the

City's quality of life and is an important public

fl., iiction; and

WHEREAS, a substantial portion of the City's trap"

ortation funds go to repairing andP

rehabilitating the City's streets; and

WHEREAS, the City wishes to preserve the in v,,-stment in its transportation system; and

WHEREAS, utilities, including teleconim:pxnycation carriers, provide essential services to

City residents and businesses, an-d/';

the rights-of-way are critical to the ability of

utilities to provide such servioc,,,jand

WHEREAS, the City authorizes pt~,bijc and private utilities to work in City streets and

rights-of-way to operate and,,inaintain utility services, within the limitations

established by State and ederal Law; and

WHEREAS, the work of thes,~ 'tilities can seriously impact the condition and useful lifeI

Pof the City's streets:,*a*-i

WHEREAS, even when .g,~tloration standards are met, it is not always reasonably feasible torestore the pave Alurface to its condition prior to being cut, and some loss of useful

life may occur.. some tvpes of surfaces; andf

WHEREAS, const,,

cAion in the street rights-of-way can represent an inconvenience and

disruptio o'commerce and the public and citizens may become frustrated with

repeated aring up of City streets; and

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WHEREAS,fli`& City Council, with the Mayor concurring, passed Resolution 29587

statilfg.4he City's intent to review utility cut permit fees and rates paid by public

anolpfivate utilities to determine if such fees and rates cover the full costs of

rj~tdringthe street to its original condition and reflect any loss of, or reduction in,

ejuseful life of the street; and

WUEREAS, the aforementioned Resolution directed the Executive to review and propose apolicy that would require the street area around utility cuts to be restored to its

original condition as quickly and efficiently as possible; NOW, THEREFORE,

CS 19.45 REV 2/91

Mcherrcutsord:9/12/97

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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Chapter 15.26 of the Seattle Municipal Code, entifl..~~J Backfilling, is/amended

to add a new section as follows:

15.26.030 Quality of backfill material

The authorizing official shall require the pc,.rant holder to use a:iselect backfill

material approved by the Director of Transport~Alon that achievesa level of subgrade

support for all temporary and permanent stT#6t restorations th4,(prevents settling of the

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base in relation to the surrounding stree"..,.xea.

Section 2. Section 15.32.050 of fl-:~, Seattle Municipal Code is amended as follows:

15.32.050 Coordination of P ects and Def6rment of Construction

A. The authorizing"

111suqficial may, i ch official's reasonable discretion, defer

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construction or other acti.yity under any,,permit provided for in this chapter, until such

time as such official dq,ems proper in, all cases where the public place on which the work

is desired to be donr~p

is occupied ok/ about to be occupied in any work by the City, or by

some other pers having a righ~ to use the same in such manner as to render it seriously

inconvenient filthe

public topermit any

farther obstruction thereof at such time, and in

grantingsy

-h permit, may so regulate the manner of doing such work in order to causef

the leas nconvenience to the public in the use of such public place; and in all cases any

wor1.

f the City or its contractors or employees for municipal purposes shall have

precedence over all work of every other kind.

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CS 19.45 REV 2/091

Mchert:cutsord:9/12/97

B.-Begbifin November 1, 1997, and bv October 1 of each suc-ceedine vear9-by---

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the Director of Transportation sh ill provide to all utilities a list of st.~6et and other

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-IciMprovements planned for the following three (3) years. All a "t" ies, utilities,

franchisees, and City departments planning work in a streei,:alley, o other public place

that will require a permit under this choter shall submij a list of proposed projects and

locations to the Director of Transportation by Deceuiber 1, 1997, and by November I of

each succeeding year. This list shall cover plarmed projects for the folloWing three

years. These lists of planned projects shall b~ entered into the City'.s"GeogrWhic

Information System and inte2rated with o'ther information on street condition and use.

The Director of Transj2ortationand flik, Superintendent of Parks and Recreation shall deny

~ge cies that fail to provide this information permits for,

construction or other activity

under this ch4pter unless that Lag~w~qs not timel; provided a list, of planned street

irnnrovementq fi-)r thnt vf-gr

C. The Director of1ransportation shall establish a Utilfty Coordinnatinn

Committee for the pun~6se of coordinatLfig street and utility projects to minimize the

frequency of street op~nings and disr~ption to neighborhoods. This committee shall

consist of one f 1) dianagement r4resentative each from Seattle Transportation, Seattlefe,

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Public Utilities, and Seattle CilyLight. The Director of Transportation shall invite one

re resentative,", ach from cobI

2panies that applied in the previous calendar year for a

eimit und this ch ter,to serve in an advisoKy cq2aciky to this committee. The

commmlitt e shall meet,At least twice a vear to review and coordinate street and utiIijy

projects for the following three (3) years. The committee shall decide which of theI

submitted proiects will be scheduled for the upcoming year, taking into consideration

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CS 19.45 REV 2/91

JEcherccutsord:9/12/97

maximizing efficiencies, reducing inconvenience to the public, andavoZIC2, work

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and shall not allow

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avement C-,ds within three (3)

years after resurfacing or reconstruction. By FebruM 1, 1998,,,,tnd by JanuM I of each

succeeding year, the committee shall develop and publish a,'Street and Utility

Improvement Plan that lists projects it has scheduled f(A'- that vear and shall make

information available to affected residents, Eoperty~I

owners, neighborhood organizations

and businesses about these projects. The comrwttee shall also annually review and

comment on the City's Pavement Opening 'Policies and associated fees, charges,

inspection costs, and street restoration u~sts. The Director of Transportation shall

propose to the Ci!y Council legislati n to establish fees and charges by ordinance.

D, Except for activities ir~,-Iuded in the Street and Utilily IMrovement Plan, no

permit shall be issued under,taiis chgpter for construction or other activity that willI

commence in the street, all-&y, or other public place after publication of the Street and

for the year for which the permit is sought; except, that this

prohibition shall nou'apply to:

1. ~~~en~crcr, airs that could not have been anticipated and are necessM for the

RMLC~C--6011- ~)f the public's health and safely;

2. new or vised service connections that have been requested by a utili!Y's custome-L

3. consd, ction or other activity that will commence in the street, alley, or other public

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that does not affect or conflict with other Droiects in the Street and Utilitv

Irovernent Plan or other work anticipated by the Cily or other permit holders over

the next three (3) years; or

4. work for which the City's denial of a permit would violate federal law.

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J Echertxu tsord:9/1 2197

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E. No -permit shall be issued under this ch~pter for worktha4feguires cutfiag-or

disturbing the j2aved surface of any street, alley, or other public place for a period of three

(3) years from the completion of resurfacing or reconstructi(J6 of that public place. except

that this prohibition shall not Apply_to,

I emergency repairs that could not have been antictpated and are necessary for the

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protection of the public's health and safety,

2. new or revised service connections that have been requested by a utility's customer;

or

3. work for which the City's denial

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a permit would violate federal law.

F. An N-plicant denied a pexhu't under the provis' ns of this section mLqy Wp40 _~!al to

the Director of Transportation, ose decision in such matter shall be final.

Section 3. A new sectior is added to Chapter 115.32 of the Seattle Municipal Code,

entitled Fratichise and Public Utility Pern-dts!a nd Regulations, as follows:

15.32.160 Street rotoration requirements.

A. Anyq~e issued a permit for construction or other activity under this chapter

shall tempovOily restore the street, alley, or other public place in a manner approved by

the Direa of Transportation, or as td park drives and boulevards, the Superintendent of

Parks 4~id Recreation, within twenty-four (24) hours after completion of the work for

whic. the permit was issued. This requirement of a temporary restoration shall be waived

i permanent restoration is compl e'ted in a manner approved by the Director of

ransportation as described in su~sections C, D, and E of this section within twenty-four

(24) hours after completion of the' work for which the permit was issued.

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CS 19.45 REV 2/91

Mchert:cutsord:9/12197

& All permanent repairs of a temporary restoration shall be leted within oneCAP

(1) year after completion of the work for which the permit was If the permittee

fails to complete the permanent restoration within this time pdriod and in a manner

approved by the Director of Transportation as described

Jn

'. subsections C, D, and E of this

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section, the Director of Transportation, or as to park drives and boulevards, the

Superintendent of Parks and Recreation, may rc, Lore the street, alley, or other public

place and bill the permittee for the repair as ~u( forth in section 15.26.020. The permittee

may, at the time the permit is issued, if V-~,- Director of Transportation agrees, contract

with the Director of Transportation fir completion of the permanent restoration.

C. Permanent restoration of'a concrete street,, "alley, or other public place shall be

completed in a manner approved by the Director of Transportation. Permanent

restoration shall include, at a minimum, the following, unless the Director of

Transportation determinc-,~ that the permittee can otherwise make an equivalent

restoration of the stre,,,t, alley, or other public:

1. For any concretc surface fifteen (15) years old or less or in excellent condition as

determined the Director of Transportation, entire replacement of any concrete

panel affe,~,~~,.ed by the construction or other activity is required, except that in the case

of alar~:,,.

concrete panel, the Director of Transportation may authorize the panel to be

saw ~-at and require only the affected portion of the panel be replaced.

2. F-;. any concrete surface where forty percent (40%) or more of a concrete panel is

.iaffected by the construction or other activity, entire replacement of any concrete panelI-

so affected by the construction or other activity is required, except that in the case of a

CS 19.45 REV 2/91

JEcherccutsord:9/12/97

large concrete panel, the Director of Transportation may authori~Afthe panel to be saw

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cut and require only the affected portion of the panel be repl, ced.

3. For any other concrete surface, restoration of the area of I i,~ panel affected,~s required.

D. Permanent restoration of an asphalt or asphalt ,.~V`erlay street, alley or other

public place shall be completed in a manner acceptab-w to the Director of Transportation.

Permanent restoration shall include, at ammimun.-i,,,.

the following, unless the Director of

Transportation determines that the perrrdttee otherwise make an equivalent

restoration of the street, alley, or other public place:

I-

For any asphalt surface three (3) yeAl's old or less, new as 'halt for the length of the cutP

and width of all lanes affected the construction or other activity is required.

1 For any asphalt surface wherQ'. thirty percent (30%) ~ more of the width of any lane isor

affected by the constructi rj a or other activity, new asphalt for the length of the cut and

width of all lanes affeclt!,~d is required.

3. For any other asphalt surface, new asphalt for the length and width of the affected

area is required.

E. Permitt,,,~;s shall be responsible for any necessary repair of a temporary

restoration of a s Lreet, alley, or other public place until the permanent restoration is

completed. R=ittees shall be responsible for any necessary repair of a permanent

restoratioi-, until the street, alley, or other public place has exceeded its useful life or has

been re~.:aved or reconstructed; unless the ermittee contracted with the Director ofpd

Tra portation for the permanent restoration. If the permittee who is responsible fails to

c mplete any necessary repair of a failed temporary restoration within three (3) calendar

days or a permanent restoration within thirty (30) calendar days of being notified to do so

7

CS 19.45 REV 2/91

Mchert:cutsord:9/12197

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by the City, the Director of Transportation may complete the repair an~', !.-)ill the perinittee

for the costs of such repair as set forth in section 15.26.020.

F. In those cases where the Director of Transportation, or as to park drives and

boulevards, the Superintendent of Parks and Recreation, bas determined that the

permittee has not restored the street, alley, or other public place to its,condition prior to

the commencement of activity under the permit, the permittee shall pay to the Director of

Transportation, or as to park drives and boulevards, the Superintendent of Parks and

Recreation, a standard charge from a schedule adopted by ordinance reflecting the

Director of Transportation's estimate ot the loss in useffil life of the street, alley, or other

public place as a result of the constr.uction or other activity. Such charge shall be based

on the size of the area affected and the types of surface (concrete, asphalt, or other) and

subgrade material of the strect, alley, or other,public place prior to the commencement of

activity under the permit. This charge shall be paid regardless of whether the permanent

street restoration is con-joleted by the permittee or by the Director of Transportation. All

funds collected fron-, this charge shall be deposited in the Transportation Fund, or as to

park drives and boulevards, the Parks and Recreation Fund, and used only for pavement

replacement, ro.pair, and maintenance, and not for any other purpose.

Section 4. To implement the provisions of this ordinance, the Director of Transportation

shall ,,#dopt such rules and regulations as he or she deems necessary no later than December

997.

Section 5. Severability. The', several provisions of this ordinance are declared to be separate

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and severable and the invalidity of any clause, sentence, paragraph, subdivision, section,

subsection, or portion of this ordinance, or the invalidity of the appliclion thereof to any

person, property, or circumstance, shall not affect the validity of,41- remainder of this

ordinance or the validity of its application to other persons. 1,,i operty, or circumstances.

Section 6. This ordinance shall take effect and be in.

force thirty (30) days from and after its

approval by the Mayor, but if not approved aD('; i'eturned by the Mayor within ten (10) days

after presentation, it shall take effect as prn,, Aed by Municipal Code Section 1. 04.020.

Passed by the City Council the..:* day of-, 1997, and signed by me inopen session in authentication of it.5 passage this day of 1997.

President of the City Council

Approved by me this - day of 1997.

Norman B. Rice, Mayor

Filed this dax, Of 1997.

By:

City Clerk

(SEAL)

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CS 19.45 REV 2/91

TIME AND DATE STAMP

SPONSORSHIP

THE ATTACHED DOCUMENT ISSPONSORED FOR FILING

WIT14 THE CITY COUNCILBY

THE MEMBERM OF THE CITYCOUNCIL WHOSE SIGNATURE(S)

ARE SHOWN BELOW:

rnn VlTv rniINrIL PRESIDENT USE ONLY

COMMITTEE(S) REFERRED TO.

PRESIDENT'S SIGNATURE

City of Seattle

Norman B. Rice, Mayor

Executive Department - Office of Management and PlanningJudy Bunnell, Director

September 11, 1997

The Honorable Mark Sidran

City Attorney

City of Seattle

619

Dear Mr. Sidran:

The Mayor is proposing to the City Council that the enclosed legislation be adopted.

REQUESTINGDEPARTMENT: Managment and Planning

SUBJECT: AN ORDINANCE relating to utility cuts and other openings in Citystreets, alleys, and other public places for construction or other

activities; amending Chapter 15.26 Backfilling and Chapter 15.32

Franchise and Public Utility Permits and Regulations of the Seattle

Municipal Code.

Pursuant to the City Council's S.O.P. 100-0 14, the Executive Department is forwarding this

request for legislation to your office for review and drafting.

After reviewing this request and any necessary redrafting of the enclosed legislation, return the

legislation to OMP. Any specific questions regarding the legislation can be directed to JimEchert at 4-8894

Sincerely,

Norman B. Rice

Mayor

hAadmin\legis\la~~ 1trs),echert3

Enclosure

Seattle Municipal Building, 600 Fourth Avenue, Sea~ie, WA 98104-1826Tel: (206) 684-8080, TDD (206) 684-8118, FAX: 1 06) 233-008512

An equal-em.pioyment opportunity, affirmative action employer. Accommodafions for people with disabilities provided on request.

0

-Mrcol ATE OF WASHINGTON - KING COUNTY

jC Of' City Clerk_ss.

No. ORDINANCE IN

Affidavit of Publication

The undersigned, on oath states that he is an

authorized representative of The Daily Journal of Commerce, a

daily newspaper, which newspaper is a legal newspaper of general

circulation and it is now and has been for more than six monthsprior to the date of publication hereinafter referred to, published in

the English language continuously as a daily newspaper in Seattle,

King County, Washington, and it is now and during all of said time

was printed in an office maintained at the aforesaid place of

publication of this newspaper. The Daily Journal of Commercewas on the 12th day of June, 1941, approved as a legal newspaper

by the Superior Court of King County.

The notice in the exact form annexed, was published in regular

issues of The Daily Journal of Commerce, which was regularlydistributed to its subscribers during the below stated period. The

annexed notice, a

CT.-ORD 1.1,87511,

1',,S~4bscribedand sworn to before me oi

Notary Pub,'tc foi the State of Wash on,fesiding in Seattle

was published on

I I "" I A, / 97

The amount of the fee charged f r he foregoing publication is

the sum of $ J732. qVnt has.been paid in full.

Affidavit of Publication

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