HomeMy WebLinkAboutORD1148ORDINANCE NO. 1148
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.PERMI-T§:SUBSECTION E.A
POLICY FOR STREET CUTS ON NEWLY PAVED SURFACES,H3YREpEALING -SECTION 13-3-1,'
SUBSECTION E;AND REPLACING IT WITH A NEW SUBSECTI6N'E.:.EPEALI-NGANY
CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.H.,
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 CA.R.S.'1 §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 was passed by the City Council on May 16,2000,in the
form of Ordinance No.1127:and
WHEREAS,during the implementation of Ordinance No.1127,it was brought to .
the attention of the City by utility companies and developers that the
existing policy is cost prohibitive and causes development delays.
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 repealing
ORDINANCE NO.1148
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Subsection E and replacing it with a new Subsection E to read as follows:
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 pernitted,during the three (3)year
period but an underground bore must firstte'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.-Oermitted upon approval of
the Public Works Director.,
If the Public Works Director approves in writing excavation on newly
paved arterial,section line and mid -section line streets,the
following criteria must be fully met:
1.A one -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 T -Top according to the Apache
Junction Standard Detail 200M-AJ extending twelve inches
(12")beyond the undisturbed trench walls.
3.The entire roadway width (lip of gutter to lip of gutter)
shall be chip sealed per MAG Section 330 for a minimum
width of ten feet (10')on both sides of the trench
centerline for which trenches extend beyond the road
centerline.The roadway shall be chip sealed per MAG
Section 330 for a minimum width of ten feet (10')on both
sides of the trench centerline,from the lip of the gutter
to the roadway centerline for trenches which do not cross
the,roadway centerline.Slurry seal,per MAG Section 332,
may be substituted for chip seal only with written
permission of the Director of Public Works.
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.
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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.
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 20TH DAY OF FEBRUARY ,2001.
SIGNED AND ATTESTED TO THIS 20TH DAY OF FEBRUARY ,2001.
DOUGLAS LEMANDOUGLASC4OLEMAN
Mayor
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ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J.STERN
City Attorney
ORDINANCE NO.1148
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