ORD 34664 - Amend chapter 34 of municipal code re excavations on public streetsI
OMAHA, 8
4°s Public Works Department
RECEIVED
ati„
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601
August 25, 1998 98 AUG 13 MI !!: 05 Omaha,Nebraska68183-0601
PA (402)444-5220
O4TEo FEBR�r�� C l i_ : j _ ;i -` Telefax(402)444-5248
City of Omaha 0i 1 4 A 1`�.`-�,, ; r r ; f ;,` Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance approving various changes in the Omaha Municipal Code
Chapter 34,which pertain to excavation and backfill in street right-of-way. A more extensive change
was introduced and approved by the City Council on February 3, 1998. Since then there have been
further discussions with OPPD, MOBA, and the Mechanical Contractors Association. Additional
changes are being requested at the suggestion of these groups.
This change to Chapter 34 provides additional exceptions to the permitting and inspection process.
These include work done in Sanitary & Improvement Districts, permitted work done on County
roads,permitted work done on driveway approaches,and work done by a bonded contractor holding
a valid plumbing permit.
The Public Works Department requests your consideration and approval of the attached Ordinance.
Respectfully submitted, Referred to City Council for Consideration:
r\i) SA:rn
Don W. Elliott, P.E. ,-(9 Date Mayor's Office/Title Date
Public Works Director
• .. eved as to Funding:
A.� a ,� -
Louis A. D'Ercole X" ate
Finance Director
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ORDINANCE NO. 3 ,
1 AN ORDINANCE to amend chapter 34 of the Omaha Municipal Code dealing with excavations,
2 work methods,permits and fees for work on the public streets ;to amend sections 34-21, 34-
3 28, 34-51, and 34-57 of the Omaha Municipal Code, to amend the provisions dealing with
4 permit exceptions and applications;to repeal sections 34-21, 34-28, 34-51, and 34-57 of the
5 Omaha Municipal Code as heretofore existing and to provide for an effective date hereof.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
7 Section 1. Sections 34-21, 34-28, 34-51,and 34-57 of the Omaha Municipal Code are hereby
8 amended to read as follows:
9 Sec. 34-21.Applicability of article.
10 Work on an excavation made in a paved street, alley, boulevard or anywhere within the
11 public right-of-way except mechanically augured holes outside of any paved area for the sole purpose
12 of placing utility poles for overhead utility lines,except for work on permitted driveway approaches
13 and except excavations for the planting of trees or shrubbery as permitted in section 37-8 of the
14 Omaha Municipal Code, either as a result of obtaining a permit from the city to make such.
15 excavation, or as a result of entering into a contract with the city, shall be subject to the provisions
16 of this article, except that contracts with the city for the complete repaving or resurfacing of an
17 existing paved street and excavations by public utilities made necessary by such paving work shall
18 be exempt therefrom. The provisions of this article shall apply equally within the zoning jurisdiction
19 established by State Statutes thereof. Provided,however that excavations in, and for, any Sanitary
20 and Improvement District as part of the development authorized in any subdivision agreement with
21 the City of Omaha shall not require any permit hereunder.
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ORDINANCE NO. 3 5" i` .
PAGE -2-
1 Sec. 34-28. Work by Metropolitan Utilities District or the Omaha Public Power District.
2 Where the Metropolitan Utilities District or the Omaha Public Power District is the permittee
3 under this article,the public works department may,by agreement of the parties,permit such district
4 to place city barricades on its sidewalk, curb, gutter or pavement cuts. Upon notice to the public
5 works department, either to the Street Maintenance Engineer or, in the case of a City construction
6 project, the City project manager,the Metropolitan Utilities District or the Omaha Public Power
7 District shall be immediately released for any and all damages, and the city shall be deemed to have
8 accepted the cut for replacement and repair and the responsibility for maintenance of such barricades,
9 provided that notice of such release is received by the street maintenance division, or appropriate
10 project manager,prior to 2:30 p.m. on a normal city work day. If such release is received after 2:30
11 p.m. then the city shall be deemed to have accepted the cut for replacement and repair by noon on
12 the next working day. Such agreement may also provide for specifications and methods of
13 backfilling such excavations and cuts.
14 Sec. 34-51. Required.
15 It shall be unlawful for any person, except a bonded contractor holding a contract to do
16 construction work for the city,a bonded contractor holding a valid plumbing permit issued under the
17 Plumbing Code, persons performing excavations in,and for,any Sanitary and Improvement District
18 as part of the development authorized in any subdivision agreement with the City of Omaha,public
19 utility companies doing work to their underground or overhead facilities as a result of a city street
20 improvement project or public utility companies auguring holes outside of any paved area for the
21 sole purpose of installing poles for overhead utility lines and except persons making excavations for
22 the planting of trees or shrubbery as permitted in section 37-8 of the Omaha Municipal Code,to cut
ORDINANCE NO. 3 Y‘‘y
PAGE -3-
1 any sidewalk, curb, gutter or pavement, or make any excavation in any of the streets, alleys,
2 boulevards or within the public right-of-way for the purpose of laying, repairing or removing any
3 pipes, underground wires or other conduits, or for any other purpose not specifically mentioned
4 herein,unless such person shall have first obtained in writing a permit from the street maintenance
5 division of the public works department at least 24 hours prior to making such cut or excavation in
6 accordance with section 34-57,except as provided for in section 34-52 or in the case of unavoidable,
7 non-emergency work where the work must begin immediately. In such cases,the person making the
8 excavation shall obtain a permit in accordance with section 34-52.
9 Persons holding valid permits to occupy to county roads issued by the Douglas County
10 Engineer's Office for such excavation work outside of the City limits may deliver,in person,by mail
11 or fax, a copy of such County permit to the City Street Maintenance Engineer's Office in lieu of
12 obtaining a permit hereunder for such work in such areas.
13 Sec. 34-57.Application.
14 Any eligible person desiring a permit required by the provisions of this division shall make
15 application therefor to the permits and inspections division, giving such information as the division
16 shall require. The permit application shall be in the form of the City of Omaha, Public Works
17 Department, Street Maintenance Division's"Application for Excavation Permit". The combination
18 application/permit form shall include:
19 (a) date of application
20 (b) name of permittee
21 (c) location of work
22 (d) planned size of opening in lineal feet(meters)
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ORDINANCE NO. 3 y‘,t. 7
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PAGE -4-
1 (e) description of work
2 (f) sketch of the work location
3 (gf) time required to complete the excavation
4 (ing) signature of the applicant
5 OW date approved by the department
6 Gi) date excavation is approved to begin
7 (kj) date excavation is to be completed
8 (}k) permit number
9 (m1) signature of the street maintenance engineer
10 (n) signature of thc traffic cnginccr
11 (ern) Bond or surety company name as required in section 34-56.
12 Public utilities may fax or send applications directly to the city traffie Street Maintenance
13 engineer rather than to the permits and inspection division. After review by the traffic engineer, the
14 permit will be reviewed by thc street maintenance engineer and issued if approved.
15 Permit extension and penalty for failure to complete work on time
16 An extension may be granted for the permit if the permittee is unable to finish the work by
17 the date authorized in the permit. A request for an extension must be made in writing to the Street
18 Maintenance Engineer at least 24 hours prior to the date the excavation is to be completed as shown
19 on the permit. The request must state the specific reasons an extension is being requested. Failure
20 to complete work within the time period allotted by the permit or as extended as provided herein will
21 result in penalties being assessed by the city to the permittee as follows: $100.00 per day for work
22 on major streets and $50.00 per day for work on local streets. Extensions may be granted for,but
n.
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ORDINANCE NO. 3 `/
PAGE -5-
1 are not limited to, inclement weather, special order of repair material, or unforeseen complications
2 resulting in additional time necessary to repair the excavated facilities.
3 Section 2. Sections 34-21, 34-28, 34-51, and 34-57 of the Omaha Municipal Code, as
4 heretofore existing, are hereby repealed.
5 Section 3. This ordinance shall be in force and take effect(15)fifteen days from its passage.
INTRODUCE BY COUNCI MEMBER
APPRO BY:
PASSED SEP 1 5 1998 7---0 MAOR OF THE CITY OF OMAHA
ATTEST:
I•Ar /.1
T LERK OFT ITY OF OMAHA
ZV:DA TOFO
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ASSISTANT CITY ATTORNEY DATE
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