HomeMy WebLinkAboutOrd 2682 - TMC Chapter 11.08 as "Right-of-Way Use Permits" - Retitle Chapter and New RegulationsWashington
Ordinance No. 26 AN
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING ORDINANCE NO.
2253 AND AMENDING ORDINANCE NO. 1995 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 11.08, "PERMITS," TO RETITLE TMC CHAPTER
11.08 AS "RIGHT-OF-WAY USE PERMITS," AND
ESTABLISH NEW REGULATIONS RELATED TO
ACTIVITIES WITHIN THE RIGHT-OF-WAY, PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City is engaged in an ongoing effort to streamline code processes
and improve permitting procedures; and
WHEREAS, the City desires to provide clarification on regulations related to Right -
of -Way Use Permits and Annual Activities Blanket Permits; and
WHEREAS, the proposed revisions to Tukwila Municipal Code (TMC) Chapter 11.08
will align the TMC with current engineering industry standards and practices;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No 2253 as codified in Tukwila Municipal Code
(TMC) Chapter 11.08, is hereby repealed in its entirety.
Section 2. Chapter Title. Ordinance No. 1995 §1 (part), as codified at TMC Chapter
11.08, is hereby amended to read as follows:
CHAPTER 11.08
RIGHT-OF-WAY USE PERMITS
Sections:
11.08.010 Purpose
11.08.020 Definitions
11.08.030 Administration and Enforcement
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11.08.040 Permit Required
11.08.050 Right -of -Way Use Permits
11.08.060 Application Contents
11.08.070 Preconstruction Meeting Required
11.08.080 Permit Approval and Conditions
11.08.090 No Permit Transfer or Assignment
11.08.100 Emergency Work
11.08.110 Permit Fees and Charges
11.08.120 Permit Exception
11.08.130 Revocation or Suspension of Permits
11.08.140 Renewal of Permits
11.08.150 Insurance
11.08.160 Deposits, Fees and Bonds
11.08.170 Hold Harmless
11.08.180 Compliance with Specifications, Standards, and Traffic -Control
Regulations
11.08.190 Inspections
11.08.200 Violations and Unsafe Conditions
11.08.210 Warning and Safety Devices
11.08.220 Clearance for Fire Equipment
11.08.230 Protection of Adjoining Property — Access
11.08.240 Preservation of Monuments
11.08.250 Protection from Pollution
11.08.260 Impact of Work on Existing Improvements
11.08.270 Restoration of the Right -of -Way
11.08.280 Recently Improved Streets
11.08.290 Coordination of Construction and Notification
11.08.300 Relocation
11.08.310 Abandonment and Removal of Facilities
11.08.320 Record Drawings
11.08.330 Joint Excavation
11.08.340 Additional Ducts or Conduits
11.08.350 Undergrounding
11.08.360 Hazardous Substances
11.08.370 Utility Locates
11.08.380 Moving of Building(s) and/or Equipment
11.08.390 Tree Trimming
Section 3. Regulations Established. TMC Section 11.08.010 is hereby established
to read as follows:
11.08.010 Purpose
A. The purpose of this chapter is to establish minimum rules and regulations to
govern activities within the right-of-way in the City of Tukwila; and to provide for the fees,
charges, warranties, and procedures required to administer the permit process. To the
extent the provision of any cu rrent franch ise or other written agreement conflicts wilh any
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provision of this chapter, the applicable provision of the franchise or other written
agreement shall prevail.
B. This code is enacted to protect and preserve the public health, safety, and
welfare. Its provisions shall be liberally construed for the accomplishment of these
pu rposes.
C. It is expressly the purpose of this code and any procedures adopted hereunder
to provide for and promote the health, safety, and welfare of the general public, and not
to create or otherwise establish or designate any particular class or group of persons who
will or should be especially protected or benefited by the terms of this code or any
procedures adopted hereunder.
Section 4. Regulations Established. TMC Section 11.08.020 is hereby established
to read as follows:
11.08.020 Definitions
A. "Applicant" means a person who has submitted a complete application
pursuant to the terms and conditions of this Chapter.
B. "Blanket Activities" means work that does not include cutting, removing, or
disturbing the pavement surface including:
1. Simple service disconnects for customers;
2. Repair or replacement of standard crossarms, insulators, and/or other
existing equipment on poles or bundles;
3. Replacement of blown fuses or limiters on cutouts;
4. Replacement of existing faulted, broken, or damages overhead service
drops;
5. Repairs or splices to existing overhead primary and secondary wires;
6. Replacement of damaged poles with similar dimensioned stock;
7. Operation of existing overhead primary switches, i.e. the open and closing
of overhead primary switches as necessary;
8. Disconnection of existing services due to non-payment;
9. Changing wire type;
10. Installation of secondary conductors;
11. Accessing existing vaults;
12. Maintaining hydrants/vaults;
13. Raising or adjusting valves;
14. Vegetation management;
15. Replacing above -ground meters;
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16. Installing water sampling stations;
17. Flushing activities, and lining pipes.
C. "City" means the City of Tukwila.
D. "Department" means the City of Tukwila's Public Works Department
E. "Director" means the City of Tukwila Public Works Director or designee.
F. "Emergency" shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes an immediate danger to persons or property, or which
causes interruption of utility or public services.
G. "Facility" or "Facilities" means any plant, equipmentand/or property, including
but not limited to, overhead and underground water, gas, electric, and telecommunication
facilities and appurtenances such as cables, wires, conduits, transformers, conduit
substation, pad -mounted J boxes, switch cabinets, ducts, pedestals, antennas,
electronics, vaults, poles, meter boxes, sewers, pipes, drains, and tunnels.
H. "Franchise Holder" means a person that was issued a franchise agreement by
the City and which franchise is not expired.
1. "Permittee" means a person that has applied for and received a permit pursuant
to TMC Chapter 11.08.
J. "Person" means any individual, association, partnership, corporation or legal
entity, publicor private, and inclu des the agents, contractors, and assigns of such person,
including registered agents thereof.
K. "Preconstruction Meeting" means a meeting between the designated City staff
and the applicant's contractor or designee prior to beginning any con struction activity on
the site or within the right-of-way to discuss project approval conditions and preliminary
requirements.
L. "Public Improvement" means any capital improvement, maintenance, or repair
that is undertaken by or on behalf of the City within the franchise area and is funded by
the City (either directly or indirectly), including any capital improvement within the City's
adopted Transportation Improvement Plan or Capital Improvement Program.
M. "Right -of -Way" or "Rights -of -Way" means all public streets and property
granted or reserved for, or dedicated to, public use for street purposes, together with
public property granted or reserved for, or dedicated to, public use for walkways,
sidewalks, bikeways and horse trails, whether improved or unimproved, including the air
rights, sub -surface rights and easements related thereto.
N. "Right -of -Way Use Permit" means any permit issued pursuantto TMC Chapter
11.08.
0. "Right -of -Way User" means any person with any facility in the Right -of -Way.
Section 5. Regulations Established. TMC Section 11.08.030 is hereby established
to read as follows:
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11.08.030 Administration and Enforcement
A. The Director, under the authority of the City Administrator, shall have the
following administrative and enforcement powers:
1. Prepare and adopt procedures as needed to implementth is chapter and to
carry out the responsibilities of the Department. Such procedures do not requ ire approval
of the City Council to be initially implemented; however, the Council may take Council
action directing that procedures, guidelines, fees, or other aspects of the permitting
system be amended or modified to the satisfaction of the Council.
2. Administer and coordinate the enforcement of this chapter and all
procedures adopted under this chapter relating to the use of rights-of-way.
3. Carry out such other responsibilities as required by this chapter or other
codes, ordinances, resolutions, or procedures of the City.
4. Requestthe assistance of other City departments to administerand enforce
this chapter, as necessary.
5. Render interpretations of this chapter or assign the responsibility for
interpretation and application of specified procedures to such designees as may be
deemed appropriate.
Section 6. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.010,
"Permit Requirements," is hereby amended to recodify this section as TMC Section
11.08.040, which shall read as follows:
11.08.040 Permit Required
A. It is unlawful for any person, except the Department or its agent, to perform work
of any kind in the right-of-way, or to make private use of any right-of-waywithoutobtaining
a right-of-way use permit pursuant to this chapter.
B. The decision by the City to issue a permit shall include, among other factors
determined by the City, the following:
1. The capacity of the right-of-way to accommodate the facilities or structures
proposed to be installed in the right-of-way.
2. The capacity of the right-of-way to accommodate wire, cables, conduits,
pipes or other facilities or structures of other existing users of the right-of-way, such as
electrical power, telephone, gas, surface water, sewer, and water.
3. The damage or disruption, if any, of publicor private facilities, improvements,
or landscaping previously existing in the right-of-way.
4. The public interest in minimizing the cost and disruption of construction in
the right-of-way.
C. The issuance of a permit for use of a right-of-way is subject to the use and needs
of the City and the general public, whether such needs are temporary or permanent, or
for public or private purposes (i.e., utility construction work in the right-of-way by private
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service provider), and is a grant of a temporary revocable privilege to use a portion of the
right-of-way to serve and benefitthe general public. The applicant shall have the burden
to prove that any proposed use will enhance and furtherthe public interest consistentand
not in conflictwith the use of the right-of-way by the general public and the City for other
authorized uses and activities.
Section 7. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.020,
"Right -of -Way Use Permits," is hereby amended to recodify this section as TMC Section
11.08.050, which shall read as follows:
11.08.050 Right -of -Way Use Permits
A. The following classes of right-of-way use permits are hereby established:
1. Public Works Permit. These permits may be issued to applicants who do
not hold a current franchise with the City.
2. Public Works Franchise Permit. These permits may be issued to
applicants who do not hold a current franchise with the City.
3. Annual Blanket Activities Permit. These permits may be issued to
franchise holders on an annual basis to undertake blanket activities as defined by this
chapter.
Section 8. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.030,
"Application Contents," subparagraphs A and B, are hereby amended to recodify this
section as TMC Section 11.08.060, which shall read as follows:
11.08.060 Application Contents
A. To obtain a right-of-way use permit, the applicant shall submit, in the format and
manner specified by the Director, an application to the City.
B. Every application shall contain, as applicable:
1. The name, address, telephone number, and email address of the applicant
Where an applicant is not the owner of the facility to be installed, maintained or repaired
in the right-of-way, the application shall also include the name, address, telephone
number, and email address of the owner. Where the applicant is not the owner of the
facilityor facilitiesto be installed, maintained, or repaired, the applicant must demonstrate
in a form and manner specified by the Director their authorization to act on behalf of the
owner.
2. A description of the location, including the address and GPS coordinates,
nature and extent of the work proposed.
3. A site plan showing the location of the proposed work.
4. If the applicant holds a franchise, easement, encroachment permit, license
or other legal instrument with the City that authorizes the applicant or owner to use or
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occupy the right-of-way for the purpose described in the application , the applicant shall
attach a copy of that document to the application.
5. The proposed start date and duration of the work, which shall include the
restoration of the right-of-way physically disturbed by the work.
6. Written acknowledgment that the applicant will comply with all terms and
conditions of this title, the orders, regulations, and standard plans and specifications as
promulgated by the Director; and that the applicant is not subject to any outstanding
assessments, fees or penalties that have been finally determined by the City or a court of
competent jurisdiction .
7. A current business license through the Washington State Department of
Revenue with an endorsement for the City of Tukwila.
8. Evidence of insurance as required by TMC Section 11.08.150.
9. A financial guarantee as required by TMC Section 11.08.160.
10. A traffic control plan to be approved by the Director.
11. Any other information that may be reasonably required by the Director.
12. An estimate of the value of the project. The Director may also require an
applicant to submit separate cost estimates for each item of improvement.
13. An application fee as required by TMC Section 11.08.110.
C. The Director may allow an applicantto maintain documents complying with TMC
Sections 11.08.060.B, subparagraphs 4, 8, 9 and 10 on file with the Department, rather
than requiring submission of such documents with each separate application.
Section 9. Regulations Established. TMC Section 11.08.070 is herebyestablished
to read as follows:
11.08.070 Preconstruction Meeting Required
A preconstruction meeting may be required at the Director's discretion.
Section 10. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.030,
"Application Contents," subparagraphs C and D, are hereby amended to recodify this
section as TMC Section 11.08.080, subparagraphs A and B, which shall read as follows:
Section 11.08.080 Permit Approval and Conditions
A. If the Director finds that the application conforms to the requirements and
procedures of this chapter and and title, that the proposed use of such right-of-way will
not unduly interfere with the rights and safety of the public, and if the application has not
been disapproved by another department with authority, the Director may approve the
permit, and may impose such conditions thereon as are reasonably necessary to protect
the public health, welfare and safety, and to mitigate any impacts resultin g from the use.
Such conditions may include but are not limited to:
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1. Compliance with all applicable provisions of TMC Title 11;
2. Compliance with applicable provisions of the Infrastructure Design and
Construction Standards Manual;
3. Limitations on the hour, the day and the period of the year in which the work
may be performed;
4. Requirement of a traffic control supervisor on site du ring approved working
hours;
5. Installation and maintenance of temporary erosion control measures, as
applicable;
6. Pre -construction storm drainage patterns shall be met during and after
construction; and
7. Compliance with all applicable provisions of TMC Chapters 8.45 and 14.30.
B. Additionally, if at any time conditions unforeseen at the time of issuance of the
permit are discovered which could, in the opinion of the Director, cause unforeseen
damage to public or private property or a hazard to life or property or become a public
nuisance, the Director may stop any further work under the permit until the permit
conditions have been modified by the Director in such a manner as to protect from or
eliminate the potential damages, hazards or nuisances enumerated in this chapter.
Section 11. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.040,
"Permit — No Transfer or Assignment," is hereby amended to recodify this section as TMC
Section 11.08.090, which shall read as follows:
11.08.090 No Permit Transfer or Assignment
Permits issued pursuantto this chapter shall not be transferable or assignable unless
prior written consent is received from the City, and work shall not be performed under a
permit in any place other than that specified in the permit. Nothing herein contained shall
prevent a permittee from subcontracting the work to be performed under a permit
provided; however, the holder of the permit shall be and remains responsible for the
performance of the work u nder the permit, and responsible for all bonding, insurance and
other requirements of this title and under said permit.
Section 12. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.050,
"Emergency Work," is hereby amended to recodify this section as TMC Section
11.08.100, which shall read as follows:
11.08.100 Emergency Work
A. In the event that an emergency necessitates work in the right-of-way for the
protection of public or private property, a person may conduct the work after the person
performing the work has notified the City's Police and Fire Departments of such work and
an application for a permit as provided in this chapter shall be made on the next
succeeding business day whether or not the emergency work has been completed.
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B. The person commencing and conducting such emergency work shall take all
necessary safety precautions for the protection of the public, the direction and control of
traffic, and shall insure that work is accomplished according to City standards,
regulations, the Manual on Uniform Traffic Control Devices, and other applicable laws,
regulations or generally recognized practices in the industry.
C. Nothing contained in this chapter shall be construed to prevent any person from
taking any action necessary for the preservation of life or property or for the restoration
of interrupted service when such necessity arises during days or times when the City is
closed.
Section 13. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.060,
"Permit Fees and Charges," is hereby amended to recodify this section as TMC Section
11.08.110, which shall read as follows:
11.08.110 Permit Fees and Charges
A. The permit and inspection fees for any permit issued pursuant to this chapter
shall be set forth in a fee schedule to be adopted by motion or resolution of the Tukwila
City Council and as amended from time to time.
B. As applicable, additional fees may be imposed as follows:
1. A fee associated with the issuance of the permit and the required inspection
of the construction (Permit Issuance and Inspection Fee), which is determined from the
value of the construction;
2. A Grading Plan Review fee.
3. A pavement mitigation fee associated with the loss of pavement life from any
proposed excavation in the right-of-way, the fee amount determined from the square
footage of excavation being performed and the age of the pavement;
4. Each revision review, shall be charged as a separate fee in accordance with
the fee schedule adopted by resolution of the City Council. These fees will be added to
the balance due and be payable prior to issuance or final of the permit.
Section 14. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.070,
"Permit Exception," is hereby amended to recodify this section as TMC Section
11.08.120, which shall read as follows:
11.08.120 Permit Exception
Permits u nderth is chapter shall not be required for pu blic u se; i.e., persons using the
right-of-way as pedestrians or while operating motor and non -motorized vehicles for
routine purposes such as travel, commuting, or personal business.
Section 15. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.080,
"Revocation of Permits," is hereby amended to recodify this section as TMC Section
11.08.130, which shall read as follows:
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11.08.130 Revocation or Suspension of Permits
A. The Director may revoke or suspend any permit issued under this chapter
whenever:
1. The activity or work does not proceed in accordance with the permit as
approved, in accordance with conditions of approval, or is not in compliance with the
requirements of this chapter or procedures, or other City ordinances, or State laws;
2. The City has been denied access to investigate and inspect how the right-
of-way is being used;
3. The permittee has misrepresented a material fact in applying for a permit (a
material fact is a fact which, had the truth been known at the time of the issuance of the
permit, the permit would not have been granted);
4. The City believes the permitted activity is, or will be, endangering the public,
adjoining property, the street, or infrastructure in the street.
B. Upon suspension orrevocation of a permit, all use of the right-of-way shall cease,
except as authorized by the Director.
C. Continued activity following revocation or suspension u nder this section shall be
subject to the enforcement provisions in TMC Chapter 8.45.
Section 16. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.090,
"Renewal of Permits," is hereby amended to recodify this section as TMC Section
11.08.140, which shall read as follows:
11.08.140 Renewal of Permits
Each permit shall be of a duration as specified on the permit. A permit may be
renewed at the discretion of the Director, if requested by the permit holder before
expiration of the permit; provided, however, that the use or activity is progressing in a
satisfactory manner as reasonably determined by the Director.
Section 17. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.100,
"Insurance," is hereby amended to recodify th is section as TMC Section 11.08.150, which
shall read as follows:
11.08.150 Insurance
A. Unless the Director determines that there is nota probability of injury, damage,
or expense to the City arising from an applicant's proposed use of the right-of-way or
public place, or the applicant holds a current franchise with the City, the applicant shall
obtain and maintain in full force and effect, throughout the term of the permit, or as long
as the permittee has facilities in the right-of-way, an insurance policy issued by an
insurance company satisfactory to the Director, insuring both the applicant and the City
against claims for injuries to persons, death or damages to property that may arise from,
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or in connection with, the exercise of the rights, privileges and authority granted to the
applicant under this chapter:
1. Commercial general liability insurance written on an occurrence basis. The
insurance policy shall be endorsed to provide a per project general aggregate and there
shall be no exclusive for liability arising from explosion ,collapse, or underground property
damage. The policy shall have limits not less than:
a. $3,000,000 for bodily injury, property damage, products -completed
operations, stop gap liability, personal injury and advertising injury, and liability assumed
under an insured contract;
b. $6, 000,000 general aggregate, per project aggregate and products -
completed operations aggregate.
2. Business automobile liability insurance with limits not less than $2,000,000
each occurrence combined single limit for bodily injury and property damage, including
owned, non -owned, and hired auto coverage, as applicable.
3. Pollution liability insurance, on an occurrence form, with limits not less than
$1,000,000 each occurrence combined single limitfor bodily injury and property damage,
and $2,000,000 in the aggregate.
4. Worker's compensation within statutory limits and employer's liability
insurance, with limits of not less than $1,000,000.
5. Excess or umbrella liability policy shall be excess over and at least as broad
in coverage as the commercial general liability and automobile liability insurance, with
limits not less than $5,000,000 per occurrence and annual aggregate.
6. Said policy or policies shall include the City and its officers, officials
(appointed and elected), employees, and agents jointly and severally as additional
insureds, shall apply as primary insurance, shall stipu late that no insurance affected by
the City will be called on to contribute to a loss covered there under, and shall provide for
severability of interests.
7. Underwriters shall have no right of recovery or subrogation againstthe City,
it being the intent of the parties that the insurance policy so affected shall protect both
parties and be primary coverage for any and all losses covered by the described
insurance.
8. The insurance companies issuing the policy or policies shall have no
recourse againstthe City for payment of any premiu ms due or for any assessments under
any form of any policy
9. Any failure to comply with reporting provisions of the policy shall not affect
coverage provided to the City, its employees, officers, officials, agents, volunteers, and
assigns.
10. Each insurance policy shall be endorsed to state that the coverage shall not
be suspended, voided, can celled, or reduced in coverage or in limits, except after 30 days'
prior written notice by certified mail, return receipt requested sent to the City.
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11. Each policy shall be endorsed to indemnify, save harmless and defend the
City and its officers, officials (appointed and elected), employees, and agents againstany
claim or loss, damage or expense sustained on account of damages to persons or
property occurring by reason of permit work done by permittee, his/her subcontractor or
agent, whether or not the work has been completed and whether or not the right-of-way
has been opened to public travel.
12. Each policy shall be endorsed to indemnify, hold harmless and defend the
City, and its officers, officials (appointed and elected), employees, and agents against
any claim or loss, damage or expense sustained by any person occurring by reason of
doing any work pursuantto the permit including, but n ot limited to, falling objects or failure
to maintain proper barricades and/or lights as required from the time work begins until the
work is completed and the right-of-way is opened for public use.
B. The permittee shall furnish the City with certificates of insurance and original
endorsements affecting coverage required by the permit. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurerto bind coverage on its behalf. The City expressly reserves the right to require
complete, certified copies of all required insurance policies at any time. Consequently,
the permittee shall be prepared to provide such copies prior to the issuance of the permit.
C. If any of the required policies are, or at any time become, unsatisfactory to the
City as to form or substance, or if a company issuing any such policy is, or at any time
becomes, unsatisfactory to the City, the permittee shall promptly obtain a new policy,
submit the same to the City for approval, and thereafter submit verification of coverage
as required by the City. Upon failure to furnish, deliver and maintain such insurance as
provided herein, the City may declare the permit to be in default and pursue any and all
remedies the City may have at law or in equity, including those actions outlined in this
chapter.
D. The permittee shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all the requirements stated herein.
E. A property owner performing work adjacent to his/her residence may submit
proof of a homeowner's insurance policy in lieu of the insurance requirements of this
section.
Section 18. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.110,
"Deposits, Fees and Bonds," is hereby amended to recodify this section as TMC Section
11.08.160, which shall read as follows:
11.08.160 Deposits, Fees, and Bonds
A. Before a permit pursuantto the provisions of this chapter may be issued, the
applicant may be required, unless otherwise provided in a current franchise, to execute
to the City a financial guarantee in a form as approved by the City for the proper protection
of the City and conditioned that obligors of the financial guarantee will pay to the City the
costs and expenses incurred by the City should the person obtaining the permit fail,
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neglect or refuse to properly complete the work authorized by the permit within the time
limit specified by said permit. Such financial guarantees are as follows:
1. Performance Financial Guarantee — In a sum as shall be designated by
the Director (but not less than 150% of the estimated cost of the improvements within the
right-of-way). This financial guarantee shall be released upon acceptance of the work and
the receipt of a maintenance financial guarantee. Otherwise, it will be released underthe
same time frame as outlined in TMC Section 11.08.160.A.2.
2. Right -of -Way Occupation Financial Guarantee — In a sum of not less than
$5,000. Permits allowing right-of-way obstructions, not including the take up, breaking,
excavating, tunneling, undermining, or cutting in any right-of-way in the City, may be
allowed to provide a financial guarantee pursuant to this subsection. The Director may
release the financial guarantee, without requiring a subsequent maintenance financial
guarantee per TMC Section 11.08.160.A.3, once the work has been accepted as
complete by a city inspector and the permit is finaled and closed.
3. Maintenance Financial Guarantee — In a sum as shall be designated by
the Director (but not less than $5,000 or 10% of the estimated cost of the
improvements within the right-of-way, whichever is greater). This financial guarantee
will be in force for 2 years after the City accepts the work if no repair work is identified
within that 2 -year period. If the City identifies any repair work, the financial guarantee will
extend to either 1 year after the repair is accepted by the City or the end of the original 2 -
year time period, whichever is longer. At the Director's discretion, this maintenance
financial guarantee may be waived if the Director documents in writing a decision that a
financial guarantee is not necessary to protect the interests of the City.
4. The amount of the financial guarantees required above may be increased or
decreased at the discretion of the Director whenever it appears that the amount and cost
of the work to be performed may vary from the amount of the security otherwise required
under this chapter.
B. Public utilities holding a current City franchise shall not be required to file any
right-of-way financial guarantee if such requirement is expressly waived in the franchise
documents, however public utilities franchisees shall guarantee workmanship and
materials through a maintenance financial guarantee.
C. The security required by this section shall be conditioned as follows:
1. That the permittee shall fully comply with the requirements of the City
ordinances and regulations, specifications and standards promulgated by the Department
relative to work in the right-of-way, and respond to the City in damages for failure to
conform therewith;
2. That after work is commenced, the permittee shall proceed with diligence
and shall promptly complete such work and restore the right-of-way to City standards, so
as not to obstruct the public place or travel thereon more than is reasonably necessary;
3. That unless authorized by the Director on the permit, all paving, resurfacing
or replacement of street facilities on principal arterial, major or collector streets shall be
done in conformance with the regulations contained herein within three calendar days,
and within seven calendar days from the time the excavation commences on all other
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streets, except as provided for during excavation in winter or during weather conditions
which do not allow paving according to City standards. In winter, a temporary patch must
be provided. In all excavations, restoration or pavement surfaces shall be made
immediately after backfilling is completed or concrete is cured. If work is expected to
exceed the above duration, the permittee shall submit a detailed construction schedule
for approval. The schedule will address means and methods to min imize traffic disruption
and complete the construction as soon as reasonably possible.
D. In lieu of a financial guaranteeto cover particular work, an applicantmay maintain
with the City a general bond in the sum of $100,000 conditioned and used for the same
purpose as the financial guarantee described in TMC Section 11.08.160.A and covering
all work to be done rather than any particular work, provided, however, that the total work
being performed shall not exceed a cumulative total of $100,000. The applicant shall
track and su bmit with each new permit the applicant's approved permits that are covered
by this financial guarantee and include: permit number, date of approval, and date work
is complete.
Section 19. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.120,
"Hold Harmless," is hereby amended to recodify this section as TMC Section 11.08.170,
which shall read as follows:
11.08.170 Hold Harmless
Unless the permittee holds a current franchise with the City, as a condition to the
issuance of any permit under this chapter, the permittee shall be required to execute a
written agreement to forever hold and save the City free and harmless from any and all
claims, actions or damages of every kind and description that may accrue to or be
suffered by any person by reason of the use of such public place or the construction,
existence, maintenance, use or occupation of any such structure, services, fixtures,
equipment and/or facilities on or in a public place pursuant to this chapter. In addition,
such agreement shall contain a provision that the permit is wholly of a temporary nature,
and that it vests no permanent right whatsoever.
Section 20. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.130,
"Compliance with Specifications, Standards, and Traffic -Control Regulations," is hereby
amended to recodify this section as TMC Section 11.08.180, which shall read as follows:
11.08.180 Compliance with Specifications, Standards, and Traffic -Control
Regulations
A. The work performed in the right-of-way shall conform to the requirements of the
Department's Infrastructure Design and Construction Standards, Manual on Uniform
Traffic Control Devices, King County Surface Water Design Manual, Part VIII,
"Regu lations for Use of Pu blic Streets and Projections over Public Property," International
Building Code, and the Tukwila Municipal Code as currently exists and as hereafter
amended.
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B. When a job is left unattended, before completion of the work, signage with
minimum two-inch high letters shall be attached to a barricade or otherwise posted and
maintained at the site, indicating the permittee's name, or company name, telephone
number, and after-hours telephone number.
Section 21. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.140,
"Inspections," is hereby amended to recodify this section as TMC Section 11.08.190,
which shall read as follows:
11.08.190 Inspections
As a condition of issuance of any permit or authorization that requires approval of the
Department, each permittee shall be required to consent to inspections by the
Department or any other City department. Additionally, the permittee is obligated to
request a final inspection to close out the permit.
Section 22. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.150,
"Correction and Discontinuance of Unsafe, Nonconforming, or Unauthorized Conditions,"
is hereby amended to recodify this section as TMC Section 11.08.200, which shall read
as follows:
11.08.200 Violations and Unsafe Conditions
A. Whenever the Director determines that any condition on any right-of-way is in
violation of (i) this chapter, or (ii) procedures adopted under this chapter or other
applicable codes or standards, the Director may order the correction or discontinuance
pursuant to this section.
B. The Director is authorized to use any or all of the following methods in ordering
correction or discontinuance:
1. Service of oral or written directives to the permittee or other responsible
person requesting immediate correction or discontinuance of the specified condition;
2. Service of a written notice of violation, ordering correction or discontinuance
of a specific condition or activity with in five days of notice, or such otherreasonable period
the Director may determine;
3. Issuance of an order to immediately stop work until authorization is received
from the City to proceed with such work;
4. Revocation of previously granted permits where the permittee or other
responsible person has failed or refused to comply with requirements imposed or notices
served;
5. Service of notice and order or service of a criminal citation to appear by a
law enforcementofficeru pon the permittee or other responsible person who is in violation
of this chapter or other City ordinances.
C. Any object that shall occupy any right-of-way without a permit is declared a
nuisance. The Director may attach a notice to any such object stating that if it is not
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removed from the right-of-way within 24 hours of the date and time stated on the notice,
the object may be taken into custody and stored at the owner's expense. The notice shall
provide an address and telephone nu mberwhere additional information maybe obtained.
If the object is a hazard to public safety, the Director may remove it summarily. Notice of
such removal shall be thereafter given to the owner, if known. This section shall not apply
to motor vehicles.
D. All expenses incurred by the City in abating any violation or condition shall
constitute a civil debt owing to the City jointly and severally by such persons who have
been given notice or who own the object or who placed it in the right-of-way, which debt
shall be collectible in the same manner as any other civil debt.
E. The City shall also have all powers and remedies whether legal or equitable that
may be available under law or ordinance including but not limited to TMC Chapter 8.45,
TMC Chapter 11.08, and procedures adopted under this chapter for securing the
correction or discontinuance of any conditions specified by the City.
Section 23. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.160,
"Failure to Conform to Design Standards," is hereby repealed.
Section 24. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.170,
"Warning and Safety Devices," is hereby amended to recodify this section as TMC
Section 11.08.210, which shall read as follows:
11.08.210 Warning and Safety Devices
A. Warning lights, safety devices, signs, and barricades shall be provided on all
rights-of-way when there might be an obstruction or hazard to vehicular or pedestrian
traffic. All obstructions on rights-of-way shall have sufficient barricades and signs posted
in such a manner as to indicate plainly the danger involved. Warning and safety devices
may be removed when the work for which the right-of-way use permit has been granted
is complete and the right-of-way restored to the conditions directed by the Department.
B. As a condition of the issuance of any permit issued pursuantto this chapter, the
Director may require an applicantto submit a traffic control plan showing any proposed
detour routing and location and the type of warning lights, safety devices, signs, and
barricades intended to protect vehicularor pedestrian traffic at the site for which the right-
of-way use permit is requested. If a traffic control plan is required, no permit shall be
issued until after the traffic control plan is approved.
C. Any permit issued pursuantto this chapter that requires a partial lane or street
closure may require a traffic control supervisor; certified flag person, properly attired; or
an off-duty police officer for the purpose of traffic control during construction.
D. All decisions of the Director shall be final in all matters pertaining to the number,
type, locations, installation and maintenance of warning and safety devices in the right-
of-way during any actual work or activity for which a duly authorized permit has been
issued pursuant to this chapter.
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Section 25. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.180,
"Clearance for Fire Equipment," is hereby amended to recodify this section as TMC
Section 11.08.220, which shall read as follows:
11.08.220 Clearance for Fire Equipment
Unless when specifically authorized by the Director, all excavation work shall be
performed and conducted so as not to interfere with access to fire stations and fire
hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or firefighting equipment shall be kept free from
obstructions at all times.
Section 26. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.190,
"Protection of Adjoining Property — Access," is hereby amended to recodify this section
as TMC Section 11.08.230, which shall read as follows:
11.08.230 Protection of Adjoining Property — Access
Right-of-way users shall at all times, and at the right-of-way user's expense, preserve
and protect from injury adjoining property by complying with such measures as the
Director may deem reasonably suitable for such purposes. Right-of-way users shall at
all times maintain access to all property adjoining the excavation or work site.
Section 27. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.200,
"Preservation of Mon u ments," is hereby amended to recodify th is section as TMC Section
11.08.240, which shall read as follows:
11.08.240 Preservation of Monuments
Right-of-way users shall not disturb any survey monuments or markers found on the
line of excavation work until ordered to do so by the Director. All street monuments,
property corners, benchmarks, and other monuments disturbed during the progress of
the work shall be replaced by a licensed su rveyor, at the expense of the right-of-way user,
to the satisfaction of the Director.
Section 28. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.210,
"Protection from Pollution and Noise," is hereby amended to recodify this section as TMC
Section 11.08.250, which shall read as follows:
11.08.250 Protection from Pollution
Right-of-way users shall comply with all State laws, City ordinances, and procedures
adopted hereunder by the Director to protect the public from air and water pollution.
Right-of-way users shall provide for the flow of all watercourses, sewers or drains
intercepted during the excavation work, and shall replace the same in as good or better
condition as the right-of-way user found them. Right-of-way users shall not obstruct the
gutter of any street, but shall use all proper measures to provide for the free passage of
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surface water. Right-of-way users shall make provision to take care of all surplus water,
muck, silt, or other runoff pumped from excavations or resulting from sluicing or other
operations, and shall be responsible for any damage resulting from their failure to so
provide.
Section 29. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.220,
"Impact of Work on Existing Improvements," is hereby amended to recodify this section
as TMC Section 11.08.260, which shall read as follows:
11.08.260 Impact of Work on Existing Improvements
A. If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk
or curb ramp shall be constructed or provided. Said temporary improvement shall be safe
for travel, convenient for users, and consistent with City standards.
B. Each right-of-way user shall cover an open excavation with non-skid steel plates
ramped to the elevation of the contiguous street, pavement, or other right-of-way, or
otherwise protected in accordance with City standards.
C. All excavated material that is piled adjacent to any excavation shall be
maintained in such a manner so as not to endanger those working in the excavation,
pedestrians, or users of the right-of-way. When the confines of the area being excavated
are too small to permit the piling of excavated material next to the excavation ,the Director
shall have the authority to require the right-of-way user to haul the excavated material to
a storage site and then return the excavated material to the excavation at the time of
backfilling. It is the responsibility of the right-of-way user to secure the necessary
permission and make all arrangements for any required storage and disposal of
excavated material.
D. At anytime a right-of-way userdisturbs the yard, residence or the real or personal
property of a private property owner or the City, such right-of-way user shall insure, at the
right-of-way user's expense, that such property is returned, replaced and/or restored to a
condition that is comparable to or better than the condition that existed prior to the
commencement of the work, as determined by the private property owner or the City.
E. Existing drainage channels, such as gutters or ditches, shall be kept free of dirt
or other debris so that natural flow will not be interrupted. When it is necessary to block
or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must
be submitted for approval by the Director prior to the blockage of the channel.
Section 30. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.230,
"Restoration of the Public Right -of -Way," is hereby amended to recodify this section as
TMC Section 11.08.270, which shall read as follows:
11.08.270 Restoration of the Right -of -Way
A. Restoration. If work is undertaken in the right-of-way, the right-of-way usershall
restore the right-of-way in the manner prescribed by the orders, regulations, and City
standards.
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B. Backfilling in a right-of-way excavated pursuant to a permit issued under the
provisions of this chapter shall be compacted to a degree equivalent to that of the
undisturbed ground in which the excavation was begun, u n less the Director determines
a greater degree of compaction is necessary to produce a satisfactory result. All
backfilling shall be accomplished according to City standards and specifications. All
backfills shall be inspected and approved by the Director prior to any overlaying or
patching.
C. The right-of-way user shall restore the surface of any right-of-way to iCity
standards, and replace any removed or damaged pavementwith the same type and depth
of pavement as that which is adjoining, including the gravel base material. All restoration
shall be accomplished within the time limits set forth in the permit.
Section 31. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.240,
"Recently Improved Streets," is hereby amended to recodify this section as TMC Section
11.08.280, which shall read as follows:
11.08.280 Recently Improved Streets
The City shall not issue any permit to excavate in any recently improved street as
defined at TMC Chapter 11.04; provided, however, that the Director may grant a waiver
for good cause. The Director is specifically auth orized to grant a waiver for an excavation
that facilitates deployment of new technology as directed pu rsu ant to official City policy.
The Director may place additional conditions on a permit subject to a waiver. The
Director's decision regarding a waiver shall be final.
Section 32. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.250,
"Coordination of Right -Of -Way Construction," is hereby amended to recodify this section
as TMC Section 11.08.290, which shall read as follows:
11.08.290 Coordination of Construction and Notification
A. At the time of submitting an application for a permit, the applicant shall notify all
other entities known to be using or proposing to use the same right-of-way as the
applicant's proposed construction, and the proposed timing of such construction. Any
such entity notified may, within seven days of such notification, request a reasonable
delay in the commencement of such proposed construction for the purpose of
coordinating other right-of-way construction with that proposed by the applicant.
B. The Director shall coordinate the approval of permits with City street
improvements and maintenance and may defer or delay the commencement date for the
applicant's right-of-way construction, until such time as such official deems proper. In all
cases, any work of the City, its contractors, or employees for municipal purposes shall
have precedence over all work of every other kind.
C. Before commencing construction, the permittee shall provide notice to all
adjoining properties that access onto the roadway work location, or are within 200 linear
feet from the roadway work location. Notification shall be done no less than 3 days prior
to the work commencing and shall be in the form of signage, door hangers, or door -to -
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door distribution of flyers. Notifications shall include contact information for the applicant
or contractor doing the work.
Section 33. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.260,
"Relocation of Structures in the Public Right -Of -Way," is hereby amended to recodify this
section as TMC Section 11.08.300, which shall read as follows:
11.08.300 Relocation
A. Unless otherwise provided for in a cu rrent franchise, the Director may direct any
right-of-way user owning or maintaining facilities in the right-of-way to alter, modify, or
relocate such facilities or as may be required herein.
B. Within 30 days following written notice from the Director, the right-of-way user
shall provide a schedule to the City indicating the estimated completion date for
temporarily or permanently removing, relocating, changing, or altering (collectively the
"relocation work") the position of any facilities within the right-of-way whenever the
Director shall have determined that such removal, relocation, change, or alteration is
reasonably necessary for:
1. A public improvement; or
2. The construction, repair, maintenance, or installation of any improvement in
or upon the right-of-way as required by development approval; or
3. The operations of the City or other governmental entity in or upon the right-
of-way.
C. The right-of-way user owning or maintaining the facilities shall, at their own cost
and expense, promptly protect or promptly alter or relocate such facilities, or part thereof,
within 90 days following the original notice by the Director, unless a different duration is
specifically authorized by the Director.
D. In the event that the right-of-way user refuses or neglects to conform to the
directive of the City, the City shall have the right to breakthrough, remove, alter or relocate
such part of the facilities without liability to the right-of-way user. The right-of-way user
shall pay to the City all costs incurred by the City in connection with such work performed
by the City, including, but not limited to, design, engineering, construction, materials,
insurance, court costs, and attorney fees. Upon the right-of-way user's failure to
accomplish such work or reimburse the City of such costs, and after 3 working days'
notice, all other permits held by the right-of-way user may be suspended, except in only
an emergency, until such time as the work required underthis section is completed or the
City has been reimbursed for work performed.
E. The City may, at any time, in case of fire, disaster or other emergency as
determined by the City, cut or move any parts of the system and appurtenances on, over
or underthe right-of-way, in which eventthe City shall not be liable therefore to the right-
of-way user.
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Section 34. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.270,
"Abandonment and Removal of Facilities," is hereby amended to recodify this section as
TMC Section 11.08.310, which shall read as follows:
11.08.310 Abandonment and Removal of Facilities
A. Any right-of-way user that intends to discontinue use of any facilities within the
rights-of-way shall notify the Director, in writing, of the intentto discontinue use. Such
notice shall describe the facilities for which the use is to be discontinued, a date of
discontinuance of use (the date shall not be less than 30 days from the date such notice
is submitted), and the method of removal and restoration of the rights-of-way. The right-
of-way user may not remove, destroy, or permanently disable any such facilities during
said 30 -day period without written approval of the Director. After 60 days from the date
of such written approval from the Director,the right-of-way user shall remove and dispose
of such facilities as set forth in the notice unless additional time is requested from and
approved by the Director. The Director may place conditions upon the removal and
restoration in order to protect public health and safety and the rights-of-way.
B. At the discretion of the City, and upon written notice from the Director within 30
days of the notice of abandonment, the right-of-way user may abandon the facilities in
place, and shall further convey full title and ownership of such abandoned facilities to the
City. The consideration for the conveyance is the City's permission to abandon the
facilities in place. The right-of-way user is responsible for all obligations as owner of the
facilities, or other liabilities associated therewith, until conveyance to the City is
completed. Conveyance of the abandoned facilities shall also automatically include all
record information, including GIS data as available, or as agreed upon with the Director.
Section 35. Regulations Established. TMC Section 11.08.320 is hereby
established to read as follows:
11.08.320 Record Drawings
Upon request by the City, a right-of-way user shall, within 10 business days, submit
to the City, at no cost to the City, the right-of-way user's most current and accurate record
drawings in use by the right-of-way user showing the location specified by the City in its
request before final permit approval. Record drawings shall show all facilities including
but not limited to power poles, guy poles and anchors, overhead transformers, pad -
mounted transformers, submersible transformers, conduit, substation (with its name)
pedestals, pad -mounted J boxes, vaults, switch cabinets, and meter boxes.
Section 36. Regulations Established. TMC Section 11.08.330 is hereby
established to read as follows:
11.08.330 Joint Excavation
A. If an applicant submits a permit application to excavate for installation of its
facilities, the City may request in writing that such applicant provide an opportunity to
install City facilities within the excavation; provided, that:
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1. Such joint use shall not unreasonably delay the work of the applicant's
excavation; and
2. Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties.
B. To the extent reasonably possible, the applicantshall, at the direction of the City,
cooperate with the City and provide other private utility companies with the opportunity to
utilize joint or shared excavations in order to minimize disru ption and damage to the right-
of-way as well as to minimize traffic -related impacts.
Section 37. Regulations Established. TMC Section 11.08.340 is hereby
established to read as follows:
11.08.340 Additional Ducts or Conduits
Any right-of-way user shall upon written request of the City, provide the City with
additional duct or conduit space over and above the conduit or conduits planned to be
constructed for the right-of-way user. Such additional ducts or conduits shall be of a size
and configuration specified by the City and shall be dedicated to the City. The City shall
have the right to use the ducts and conduits for any purpose including, but not limited to,
leasing them to other entities. Except as otherwise applicable under RCW 35.99.070, the
incremental costs of adding the specified ducts and conduits for the City shall be borne
by the City.
Section 38. Regulations Established. TMC Section 11.08.350 is hereby
established to read as follows:
11.08.350 Undergrounding
A. Subject to and in accordance with any applicable rates and tariffs on file with the
Washington Utilities and Transportation Commission (WUTC) (or such other regulatory
agency having jurisdiction), the right-of-way user shall cooperate with the City in
promoting a policy of undergrounding facilities within the right-of-way.
B. If the City directs the right-of-way user to underground its facilities, such
undergrounding shall be arranged and accomplished subject to and in accordance with
applicable rates and tariffs on file with the WUTC (or such other regulatory agency having
jurisdiction).
C. In the event that the City undertakes any public improvement that would
otherwise require, at the discretion of the Director, the relocation of the right-of-way user's
aboveground facilities, the Director may, by written notice to the right-of-way user, direct
that any such facilities be converted to underground facilities. Any such conversion shall
be done subject to and in accordance with applicable schedules and tariffs on file with the
WUTC (or such other regulatory agency having jurisdiction).
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D. All new facilities installed within the Cityduring the term of any permit orfranchise
shall be located underground to the extent technologically feasible as determined at the
discretion of the Director.
Section 39. Regulations Established. TMC Section 11.08.360 is hereby
established to read as follows:
11.08.360 Hazardous Substances
Right-of-way users shall not introduce or use any hazardous substances (chemical
or waste) in violation of any applicable law or regulation, and the right-of-way user shall
not allow any of its agents, contractors, or any person under its control to do the same.
Section 40. Regulations Established. TMC Section 11.08.370 is hereby
established to read as follows:
11.08.370 Utility Locates
Prior to doing any work in the rights-of-way, right-of-way users shall follow
established procedures, including contacting the Utility Notification Center in Washington
and complying with all applicable State statutes regarding the One Call Locator Service
pursuantto Chapter 19.122 RCW. Further, upon request by the City or a third party, the
right-of-way user shall promptly locate its facilities in order for them to be surveyed or as
required by Chapter 19.122 RCW. The right-of-way user shall provide enough detail to
verify the vertical (depth) and horizontal location of its facilities. The City shall notbe liable
for any damages to the right-of-way user's facilities or for interruptions in service to right-
of-way user's customers that are a direct result of the right-of-way user's failure to locate
its facilities within the prescribed time limits and guidelines established by the One Call
Locator Service regardless of whether the City issued a permit.
Section 41. Regulations Established. TMC Section 11.08.380 is hereby
established to read as follows:
11.08.380 Moving of Building(s) and/or Equipment
Right-of-way users shall, upon 7 days' notice, disconnect or move their facilities to
allow forthe moving of building(s)and/orequipmentacross or along anysuch street, alley
or other public place; provided, that the advance notice may be reduced to 24 hours if the
facilities are below the minimum clearance set by law or regulation or in the case of an
emergency. The cost of the right-of-way user moving their facilities shall be borne as
follows: (i) by the right-of-way user if the facilities are below the minimum vertical
clearance required by State statutes, City ordinance, or rules of the Director; above the
surface of the right-of-way, and no adjustment would be necessary if the minimum
clearance had been maintained; and (ii) by the person desiring to move the building(s)
and/or equipment under other circumstances.
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Section 42. Regulations Established. TMC Section 11.08.390 is hereby
established to read as follows:
11.08.390 Tree Trimming
Any right-of-way user required by State statute or regulation to trim or remove trees
that may interfere with theirfacilities shall first obtain a permit and ensure that the work is
accomplished in accordance with TMC Chapter 11.20, "Right -of -Way Vegetation," and
TMC Section 18.52.100, "Maintenance and Pruning," as appliable.
Section 43. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, ru les, or regulations; or ordinance
numbering and section/subsection numbering.
Section 44. Severability. If any section, subsection, paragraph , sen ten ce, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 45. Effective Date. Th is ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 21 5/- day of 1)0,/eA4. ate-- , 2022.
Al I EST/AUTHENTICATED:
C--?ht.e.4te),,C-967(aheAt
Key, 01,,ret,o0,1,4,1.0275.1,,,e1,13(06T1'
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
oSigned vIa Seamievor...conl
Kqy, 561,17,,,,,71a,,2tia.400,415dtnr
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk: 11 -
Passed by the City Council: ti -a_l -2-2_--
Published: f(
Effective Date: 11-30 —2 -2 --
Ordinance Number:
CC: Legislative Legislative Development \TMC Chapter 11.08 Right -of -Way 11-10-22
KM:AY Review and anaYst. by Andy Youn
Page 24 of 24
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2682-2687.
On November 21, 2022 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2682: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING ORDINANCE NO. 2253 AND AMENDING
ORDINANCE NO. 1995 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL
CODE (TMC) CHAPTER 11.08, "PERMITS," TO RETITLE TMC CHAPTER 11.08 AS
"RIGHT-OF-WAY USE PERMITS," AND ESTABLISH NEW REGULATIONS RELATED
TO ACTIVITIES WITHIN THE RIGHT-OF-WAY, PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2683: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE
CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS
PORTIONS OF SOUTH 140TH STREET; AMENDING THE OFFICIAL STREET MAP OF
THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2684: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY
FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2023, ON ALL
PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2685: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF
TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1,
2023, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT IS
SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE
TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY
FOR THE ENSUING YEAR, WITH AN EXCESS PROPERTY TAX LEVY FOR THE
PURPOSE OF PAYING DEBT SERVICE ON THE CITY'S UNLIMITED TAX GENERAL
OBLIGATION BONDS ISSUED IN 2016 AND 2019, AS REQUIRED BY LAW;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2686: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2641, WHICH ADOPTED
THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2021-2022 BIENNIUM, TO
ADOPT AN AMENDED YEAR-END BUDGET; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2687: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION
2.05.010 TO FIX THE AMOUNT OF COMPENSATION FOR COUNCILMEMBERS FOR
YEARS 2023 THROUGH 2026; REPEALING ORDINANCE NO. 2668; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: November25, 2022