Subject: 10002/Excavation & Restoration of Streets & Sidewalks Date: Wed, 27 May 1992 07:45:00 -0500 ORDINANCE NO. 10002 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 32, SO AS TO AMEND SECTIONS 32-67 THROUGH 32-68, RELATIVE TO REGULATING THE EXCAVATION AND RESTORATION OF PAVING ON PUBLIC STREETS AND SIDEWALKS. __________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That Chattanooga City Code, Part II, Section 32-67 be amended by adding thereto subparagraphs (e) and (f) as follows: (e) In the event permanent pavement repairs cannot be made on the same day the street cut is made, then temporary cold mix asphalt patches shall be properly placed until permanent hot asphalt patches or other permanent repairs are made to match existing surfaces. (f) Backfill for trenches within the roadway and sidewalk areas shall be compacted pug mix (33-P) instead of loose washed stone, and each layer shall be thoroughly compacted by means of mechanical tamp. SECTION 2. That Section 32-68 of the Chattanooga City Code, Part II, be and the same is hereby deleted in its entirety and a new Section 32-68 substituted in lieu thereof as follows. 0C Sec. 32-68. Liability and Responsibility for Repair. Any person who shall make any excavation or other change to the street right-of-way shall be responsible for any defects which shall occur to any public facility due to inadequate workmanship or defective materials for as long as the public facility exists. Where excavating is done in the streets for the purpose of making sewer, gas, water or wire connections, or for any other purpose, at the insistence of and for the benefit of the abutting owner, said abutting property owner and the person doing said work shall be jointly, severally and strictly liable and responsible for the proper and sufficient repair of said street. The Building Official or his designees shall notify the applicant or owner of the need for repairs, and shall direct that such defect be corrected within a reasonable time. If a contractor, utility, or other entity makes five or more excavations within one block of a City right-of-way or within a distance of 500 feet within the City right-of-way, whichever is shorter, causing disruption to any part of the pavement within two years after said right-of-way has been resurfaced or constructed, said contractor, utility or other entity shall repave the entire street for the distance of the City block or 500 feet, said distance being the distance utilized to require the repaving. Said repaving shall be done to the standards approved by the City Engineer and shall be done under the supervision and control and at the direction of the City. The contractor, utility, or other entity shall bear the entire cost of such repaving. In the event any such contractor, utility, or other entity fails to repave as required herein, then such contractor, utility or other entity shall be prohibited from acquiring any permits for additional excavations in any City right-of-way until such time as the repaving required by this Section is completed and approved by the City Engineer. SECTION 3. That if any section, sentence, clause, phrase, word or figure contained in this Ordinance should be declared invalid by a final decree of a court of competent jurisdiction, such holding shall not affect the remaining sections, sentences, clauses, phrases, words and figures contained in this Ordinance, but the same shall remain in full force and effect. SECTION 4. BE IT FURTHER ORDAINED that this Ordinance shall take effect two weeks from and after its passage as required by law. PASSED on Third and Final Reading February 1, 1994. s/s_______________________________ CHAIRPERSON APPROVED: __X___ DISAPPROVED:_____ DATE: February 3, 1994. s/s_______________________________ MAYOR DMC:meb