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HomeMy WebLinkAbout1973-19 - Regulations Regarding Installation and Construction of CulvertsBILL NO. .3 ORDINANCE N0. ~3 ,~ AN ORDINANCE TO REGULATE AND PRESCRIBE RULES RELATING TO THE INSTALLATION AND CONSTRUCTION OF CULVERTS UPON THE PUBLIC RIGHT OF WAY AND FIXING CRIMINAL PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. It shall be unlawful for any person, partner- ship or corporation to initiate or perform any work for the installation of culverts upon the right of way of any public street, public highway or public sidewalk unless there shall be first obtained a permit from the City for its installation. Section 2. No person shall permit, cause or keep any culvert within the City limits unless the same be f_unctionable for the passage of water. Section 3. A culvert is deemed not functionable when it will not prevent the passage of 50g of its maximum volume based on nominal pipe diameter. Section 4. Any violation of this ordinance shall be punishable by a fine not exceeding $500.00 or by imprisonment not exceeding three (3) months or by both, a fine and imprisonment together with the cost of the suit. Each day's violation of a~ay of the provisions of this ordinance shall constitute a separate offense. The City may proceed to enjoin any work from going forward in violation of this ordinance in addition to any and all other remedies which the City may have. Section 5. The form of the application for permit for installation of culvert shall be substantially as follows: APPLICATION FOR PERMIT FOR INSTALLATION OF CULVERT Date (name of applicant) (address of applicant) hereby makes application to the City Clerk of Riverside, Missouri f_or a permit authorizing the construction of a culvert at The applicant expressly agrees that the culvert may be removed by the city at any time that the said applicant shall fail to keep the same clean and main- tained in a good condition. The applicant shall restore any damage to real or personal property, damaged or altered by said work to its pre-existing condition including specifically but not by way of limitation all streets and sidewalks. The applicant further agrees to keep the culvert clean and maintain the same in a good condition.' Applicant agrees that the City shall have the right to supervise and police and inspect said culvert project during all construction phases and the City shall further have the right to inspect said culvert for cleaniness and functionability and if found by the City to be in a less than satisfactory condition the city shall have the right to restore said culvert to a satisfactory condition at the applicent's expense. The applicant agrees that the culvert may be removed by the City at any time without liability to the City when the same may be necessary father street improvement or maintenance or at any time that the same may be reasonably necessary. At all times when any work is being constructed the applicant will display warning signs, barricade lights and flares as described in the Manual on Uniform Traffic Control and Devices. Applicant agrees to perform all work expediently and in a workmanlike manner and to indemnify and hold harmless the City, its officers and employees from all liability, judgments, costs, expenses and clan Lure growing out of damages or alleged damages erformance or to any person or property arising out of p non-performance of any work or the existence of culverts and/or appurtenances thereto. The applicant agrees that the City has no obligation of maintenance of said culvert but the City may maintain said culvert without waiver of this paragraph of this permit. The terms of this agreement shall be binding upon the applicant, its heirs, devisees, legatees and assigns. Signed licant (app (address (telephone number) Section 6. The permit shall be in substantially the form as follows: P E R M I T contractor, is hereby issued a permit for the installation and construction of a culvert at under the provisions of Ordinance Date City Clerk Section 7. Anew Code section designed 6.10 is hereby enacted and shall read as follows: 6.10 CULVERTS - PERMIT REQUIRED - PENALTY FOR VIOLATION Section 1. It shall be unlawful for any person, partnership or corporation to initiate or perform any work for the installation of culverts upon the rublic of way o.f any public street, public highway or p ermit sidewalk unless there shall be first obtained a p from the City for its installation. T3'~ ~' Section 2. No person shall permit, cause or keep any culvert within the City limits unless the same be functionable for the passage of water. Section 3. A culvert is deemed not functionable when it will not prevent the passage of 50$ of its maximum volume based on nominal pipe diameter. Section 4. Any violation of this ordinance shall be punishable by a fine not exceeding $500.00 or by imprisonment not exceeding three (3) months or by both, a fine and imprisonment together with the cost of the suit. Each day's violation of any of the provisions of this ordinance shall constitute a separate offense. The City may proceed to enjoin any work from going forward in violation of this ordinance in addition to any and all other remedies which the City may have. PASSED THIS b~/`. DAY ATTEST: CITY CLERK APPROVED TEiIS _~~~_ DAY OF 1973.