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HomeMy WebLinkAboutORD1127ORDINANCE NO.1127 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 13 PUBLIC WORKS, ARTICLE 13-3,ENCROACHMENT PERMITS,SECTION 13-3-1 PERMITS,BY ADDING NEW SUBSECTION E TO SECTION 13-3-1,ESTABLISHING A POLICY FOR STREET CUTS ON NEWLY PAVED SURFACES:REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,pursuant to Arizona Revised Statutes Annotated ("A.R.S.")§9- 276(A)(1),cities and towns have the power to regulate the use of public streets,alleys,avenues,sidewalks and other public grounds:and WHEREAS,pursuant to Arizona Revised Statutes Annotated ("A.R.S.")§9- 276(A)(2),cities and towns are empowered to prevent encroachments,and to regulate the openings for the laying of private and public utility facilities and infrastructure within their streets,alleys avenues,sidewalks and other public grounds:and WHEREAS,the Department of Public Works is concerned about the number and quality of cuts made by private and public utilities and licensees:and WHEREAS,the City desires to maintain the structural integrity of newly paved and newly reconstructed streets by minimizing street cuts;and WHEREAS,the establishment of a policy on cutting newly paved and newly reconstructed streets is necessary to enhance public safety and the economic welfare of the City. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 13 Public Works,Article 13-3 Encroachment Permits,Section 13-3-1 Permits,be amended by adding a new Subsection E.to read as follows: ORDINANCE NO.1127 PAGE 1 OF 3 Chapter 13 Public Works,Section 13-3-1 Permits E.New pavement construction,pavement overlay,or pavement reconstruction on newly paved streets may not be cut for three (3)years after their initial completion,subject to the exceptions set forth below: Underground utility work will be permitted during the three (3)year period but an underground bore must first be performed.If boring is not an option and connections cannot be made at an alternate location, then open cuts of newly paved streets may be permitted upon approval of the Public Works Director. If the Public Works Director approves in writing excavation on newly paved streets,the following criteria must be fully met: 1.A two -sack slurry backfill will be required for all trenches unless otherwise approved in writing by the Director of Public Works. 2.The base asphalt shall be Type S according to the Apache Junction Standard Detail AJ250-M extending twelve inches (12")beyond the undisturbed trench walls. 3.The remaining one -inch finished pavement shall be incorporated in a one -inch overlay of a milled section extending a minimum of forty feet (40')on both sides of the trench centerline.The roadway milling shall extend to either a lane line or to the center of median,whichever the City Engineer deems is applicable. 4.All trench backfill and overlay will be inspected by Public Works Engineering,and any work not conforming to MAG Standards will be ordered removed and replaced by the contractor. 5.The period from the date trenching begins to the date the roadway overlaying is completed shall not exceed two weeks unless approved in writing by the Public Works Director. 6.These above conditions are in addition to the procedures and requirements of the current encroachment permit process. ORDINANCE NO.1127 PAGE 2 OF 3 SECTION I I REPEALING OF CONFLICTING PROVISIONS All ordinances and parts of ordinances and/or provisions of the Apache Junction City Code which are in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,sub -section.sentence,phrase.clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 16TH DAY OF MAY ,2000. SIGNED AND ATTESTED TO THIS ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 512'51cep__. RICHARD J.STERN City Attorney ORDINANCE NO.1127 PAGE 3 OF 3 R1ST DAY OF DOUGLAS C Mayor MAY LEMAN ,2000.