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HomeMy WebLinkAboutORD1360ORDINANCE NO. 1360 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 3, ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS, IN ITS ENTIRETY;AND ADOPTING BY REFERENCE "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS"ON FILE WITH THE CITY CLERK; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS,the placement of street signs and traffic control devices in the city limits is difficult due to antiquated code provisions; and WHEREAS,to avoid unnecessary delays and to promote public safety,the decision to place traffic and parking signage and implementation thereof should be vested in the city engineer; and WHEREAS, the current version of the Apache Junction City Code, Volume I,Chapter 3,Administration,Article 3-5,Department of Public Works,needs to be adjusted to allow the city engineer to place street signs and traffic control devices on an as -needed basis; and WHEREAS, Resolution No. 10-06 declares as a public record the document entitled "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 3,Administration,Article 3-5,Department of Public Works";and WHEREAS,A.R.S.§ 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, it is the intent of the Council to adopt by reference the recommended amendments. ORDINANCE NO. 1360 PAGE 1 OF 3 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. Existing Apache Junction City Code, Volume I, Chapter 3, Administration,Article 3-5,Department of Public Works,is hereby repealed. 2. That certain document known as the "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 3, Administration,Article 3-5,Department of Public Works", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 10-06 of the City of Apache Junction,is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein b y reference is for any reason held to b e invalid or unconstitutional b y the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 6TH DAY OF APRIL 2010. SIGNED AND ATTESTED TO THIS 6TH ORDINANCE NO. 1360 PAGE 2 OF 3 DAY OF APRIL S. INSALACO Mayor , 2010. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: vzz:SIT. 3 -9.Zoo RICHARD J. STERN City Attorney ORDINANCE NO. 1360 PAGE 3 OF 3 2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE VOLUME CHAPTER 3 ADMINISTRATION, ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS Article 3-5 DEPARTMENT OF PUBLIC WORKS Section 3-5-1 Department Established 3-5-2 Divisions of Department 3-5-3 Powers and Duties 3-5-4 Division of Operations 3-5-5 Division of Engineering 3-5-6 Assignment and Custody of Physical Properties 3-5-7 Advice and Assistance § 3-5-1 DEPARTMENT ESTABLISHED. (A)There is hereby created the Department of Public Works, an executive department of the city.It shall consist of the Director of Public Works who shall be the head of the department and all officers and employees assigned thereto. (B)All such officers and employees shall perform their duties subject to the supervision of the director,who shall operate solely under the guidance and direction of and report directly to the City Manager. (C)The Director of Public Works shall supervise his or her department in accordance with the applicable personnel rules and the Apache Junction City Code and shall exercise such powers and perform such duties as are customarily conferred and required by the city code,applicable ordinances, resolutions or lawful directives. (D)The position of the Director of Public Works is hereby declared as classified service,and he or she shall be appointed and removed by the City Manager subject to ratification of the Council;and shall serve and receive such compensation as shall be determined in accordance with the applicable city rules and regulations.(Prior Code, 3-5-1) 1 § 3-5-2 DIVISIONS OF DEPARTMENT. (A)There is hereby created within the Department of Public Works,the Division of Operations and the Division of Engineering. (B)Division superintendents and section heads shall be appointed and removed by the Director of Public Works subject to the ratification of the City Manager and provisions of Vol.I,Article 3-10 as it now exists or may be hereafter amended.(Prior Code, § 3-5-2) § 3-5-3 POWERS AND DUTIES. (A) In addition to those duties set forth in this article, the Department of Public Works Director,or his or her designee,shall have charge of and supervision over the care, maintenance, design, inspection and construction of all streets,sidewalks,alleys and public ways and determination for and placement of all street signage and traffic control devices7 the design,inspection, construction,operation and maintenance of all storm water and sanitary sewer systems and facilities, and all street gutters,drains,drainage ways,water and wastewater treatment facilities,improvement districts, easements and the appurtenances thereto;the care, maintenance and construction of all public buildings; the operation,maintenance and construction of all other public works projects and improvements within the jurisdiction of the city. (B). The Department of Public Works Director,or his or her designee,may also be responsible for,or oversight of, the construction of all streets,sidewalks,alleys, public ways,sanitary sewers,street gutters,drains, drainage ways,wastewater treatment facilities, improvement district easements and appurtenances thereto. (Prior Code, § 3-5-3) 3-5-4 DIVISION OF OPERATIONS. (A) There is hereby created the Division of Public Works Operations,consisting of the Public Works Manager,who shall be the head of the division,and all officers and employees assigned thereto.All such officers and employees shall perform their duties subject to the supervision of the Public Works Manager,who shall 2 operate solely under the guidance and direction of and report directly to the Director of Public.Works.The Public Works Manager shall ,supervise his or her department in accordance ,with-the applicable personnel ordinances and shall exercise.such power and perform such duties as are required under the city code,applicable ordinances, resolutions or lawful directives. (B)It shall be the duty of the Public Works Manager, or his or her designee,to evaluate the condition of city streets,to maintain records regarding the repair and maintenance of city streets', 'to supervise those workers engaged in the repair,mainenande ,and construction of streets, buildings, grounds and city vehicles; to assist or make the final walk-through on all off -site construction and utility .cOnstruction before the recommendation for city acceptance;to coordinate barricading for special events or emergencies with law enforcement officials; and to make routine checks on city streets,buildings,grounds and vehicles to ensure that they are in good repair and safe for public use.(Prior Code, § 3-5-4) § 3-5-5 DIVISION OF ENGINEERING. (A)There is hereby created the Division of Engineering, which shall be under the supervision of the City Engineer,or his or her designee,who shall be responsible •for the design and inspection of all city streets,the determination for and placement of all street signage and traffic control devices,sidewalks, alleys and public ways,storm water and sanitary sewer system and facilities,street gutters,drains,drainage ways,water and wastewater treatment facilities, improvement districts,easements and the appurtenances thereto and administration of encroachment permits under this code.(Prior Code, § 3-5-5) (B)It shall be the duty of the City Engineer to: 1. Provide professional and technical'expertise to assist the Public Works Director in the performance of those duties assigned to the Public Works Director. 2.Perform such other programs or functions related to public works, public improvements,traffic,street signs and traffic control devices,floodplain administration, 3 drainage and private development that the Public Works Director may, from time to time, authorize or request. (C)The Public Works Director may also appoint a Traffic Engineer, or assign his/her duties to an appropriate and qualified employee,who will be responsible for the following: 1. As authorized by state law,to determine appropriate locations for stop signs, yield, u -turn and other right- of-way signs and other traffic control devices and operations. 2.To establish speed limits for city streets as necessary for public safety in accordance with state law. 3.To designate certain streets as a street prohibited for use by trucks in excess of the weight listed in Chapter 12 of this code. 4. To issue permits for use on city streets for tires and associated tire equipment not normally allowed on city streets pursuant to A.R.S. § 28-958(G). 5. To establish "no parking" zones,"loading zones," and "bus stops"and other parking limitations relating to time, place, manner or type of vehicle restrictions. 6.To authorize and install traffic calming devices pursuant to adopted city council policy. 7.To keep accurate records of all parking zones, including loading zones,established hereunder and shall designate on a map kept for such purpose the location of all such zones throughout the City. (D)The Public Works Director, or his or her designee,shall recommend for council adoption, standards, specifications and regulations regarding public works improvements.In the event there is a conflict between or among any of the standards,specifications and regulations adopted herein by reference,a city code standard,specification or regulation shall prevail over any standard, specification or regulation prepared by another entity. Regardless of the designations contained in any standards,details,or specifications adopted by 4 reference,roadway right-of-way enforcement procedures and roadway right-of-way inspections provided for shall be the responsibility of the Public Works Director,or his or herdesignee. (E)The Public Works Director,or his or her designee,may approve alternate materials or methods of construction provided he/she finds the proposed design is satisfactory and complies with the intent of the adopted standard, detail or specification and the proposed material is for the purpose intended, and at least the equivalent of that prescribed in the adopted standard,detail or specification,in quality,strength,effectiveness, durability, and safety. (F)The following codes and regulations shall be followed and enforced by the Public Works Department in the creation and maintenance of public property: 1.City of Apache Junction Engineering Guidelines set forth under Apache Junction City Code,Volume II, Chapter 10, as amended. 2. The most current version of the "Uniform Standard Specifications and Details for Public Works Construction Sponsored and Distributed by the Maricopa Association of Governments"("MAG"Standard Specifications and Details),with the following modifications: a. The Public Works Director,or his or her designee, is authorized to increase standard street cross sections,both pavement and right-of-way widths, as necessary to maintain required traffic service levels when a traffic analysis indicates the need for additional lanes of traffic. b.Where MAG refers to corrective actions for deviations from standards and provides options for when the contracting agency is the owner or when the contracting agency is not the owner, the Public Works Director/designee is authorized to utilize any of the corrective actions listed regardless of whether the City is the contracting agency or not. 5 3. The most current version of the Manual on Uniform Traffic Control Devices for Streets and Highways ("MUTCD"). 4. The most current version of the Policy on Geometric Design of Highways and Streets. S 3-5-6 ASSIGNMENT AND CUSTODY OF PHYSICAL PROPERTIES. (A)All physical properties of the city,including any municipal utilities,systems and facilities and those physical properties not assigned to some other department or officer, shall be assigned to the Department of Public Works. (B)The Department of Public Works shall be the custodian of all tools, equipment and other municipal property assigned to the Department of Public Works.(Prior Code, § 3-5-6) 3-5-7 ADVICE AND ASSISTANCE. The Department of Public Works shall provide technical and operational advice and assistance to,and cooperate with,all other departments,boards,commissions,offices or other official entities of the city.(Prior Code, § 3-5-7)