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650 TOWN OF TAGS ORDINANCES YEAR, . _1978 NUMBER: 6 S O of Tom Phil Lovato, ,11ayor William C.Sisneros � f Town Administrator Councilmen: P. 0. DRAWER — M Josephine Gonzales Lawrence Santistevan, Mayor Pro Tern TAOS, NEW MEXICO 87571 7'oum Clerk E Eloy Jeantete Joe A.Sanchez (505)758-4283 Walter Vigil Adm. Assistant ! Fernando Valdez April 27, 1979 Mountain Bell Randall Lumber Co. Taos Cable TV Gas Co. of New Mexico Kit Carson Electric Enclosed please find copy of Ordinance No. 650 relating to street cuts. Please refer to the ordinance whenever making any cuts in town roads. Sincerely, Wm C. Sisneros, Town Adm. WCS/lm enclosure 3 3 TOWN OF TAOS, TAOS, NEW MEXICO NOTICE OF ADOPTION OF ORDINANCE NO. 650 At a regular meeting held on Wednesday, September 20, 1978 the Taos Town Council approved and adopted Ordinance No. 650 relating to the regulating, of opening and excavating streets. The Title and subject matter of such proposed ordinance is as follows: AN ORDINANCE REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS, SIDDIALM, AND OTHER PUBLIC GROUNDS; REQUIR?NG A PERMIT THEREFOR AND PAYMENT OF A FEE; 114- POSING REQUIREMENTS FOR THE PROTECTION OF LIFE AND PROPERTY IN CONNECTION WITH EXCAVATION WORK, INCLUD- ING TRAFFIC AND PEDESTRIAN SAFEGUARDS AND THE PRO- TECTION OF UTILITIES AND OTHER PROPERTY; REGULATING THE BACK-FILLING AND RESURFACING OF EXCAVATIONS; PRESCRIBING SURETY BOND; INSURANCE AND DEPOSIT RE- QUIRD4E NTS; PROHIBITING EXCAVATION-) IN NEW PAVBMNTS FOR A PERIOD OF TWO YEARS; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. The following is a general summary of the subject matter contained in Ordinance No. 650: Section 1 sets out the short title of the ordinance as Street Excavation Ordinance of the Town of Taos. Section 2 sets out the definitions. Section 3 sets out the requirements for an excavation permit. Section 4 deals with the application for an excavation permit. Section 5 deals with the excavation placard. Section 6 sets forth the requirements of a surety bond. Section 7 deals with the cash deposits. Section 8 deals with attractive nuisance. Section 9.deals with damage to existing improvements. Section 10 deals with clean-up. 1 Section 11 deals with protection of water courses. Section 12 deals with breaking through pavement. Section 13 deals with back-filling. Section 14 deals with back-filling by water settling. Section 15 deals with dry hack-filling. Section 16 deals with back-fill material. Section 17 deals with back-filling at the surface. Section 18 deals with restoration of surface. Section 19 deals with the Town's right to restore surface. Section 20 deals with the prompt completion of work. Section 21 deals with urgent work. Section 22 deals with emergency action. Section 23 deals with excavations barred in new street improvements. Section 24 deals with inspections. Section 25 deals with the maintaining of drawings. Section 26 deals with the ordinance not being applicable to Town work. Section 27 deals with insurance. Section 28 deals with the liability of the Town. Section 29 deals with separability. Section 30 deals with penalties. Section 31 deals with ordinances repealed. COMPLETE COPIES OF THIS PROPOSED ORDINANCE ARE ON FILE IN THE OFFICE OF THE ITOWN CLERK, MUNICIPAL OFFICES (ON ARMORY STREET) IN THOS, NEW MEXICO AND ARE AVAILABLE DURING THE NORMAL AND REGULAR BUSINESS HOURS OF THE TOWN CLERK UPON REQUEST AND PAYMENT OF A REASONABLE CHARGE. WITNESS my hand and the seal of the Town of Taos, New Mexico, this 21st day d1= September, 1978 (SEAL) n,,l �t LC F'7 Y. r...� i !� ( i T CLERK ' 1 Legal No. Publish One (1) Time: I ORDINANCE N0. 650 AN ORDINANCE REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS, SIDEWALKS, AND OTHER PUBLIC GROUNDS; REQUIRING A PER- MIT THEREFOR AND PAYMENT OF A FEE; IMPOSING REQUIREMENTS FOR THE PROTECTION OF LIFE AND PROPERTY IN CONNECTION WITH EXCAVA- TION WORK, INCLUDING TRAFFIC AND PEDESTRIAN SAFEGUARDS AND THE PROTECTION OF UTILITIES AND OTHER PROPERTY; REGULATING THE BACK- FILLING AND RESURFACING OF EXCAVATIONS; PRESCRIBING SURETY BOND, INSURANCE AND DEPOSIT REQUIREMENTS; PROHIBITING EXCAVATIONS IN NEW PAVEMENTS FOR A PERIOD OF TWO YEARS; AND PRESCRIBING PEN- ALTIES FOR VIOLATIONS OF ITS PROVISIONS. BE IT ORDAINED BY THE TAOS TOWN COUNCIL: Section 1. Short Title. This Ordinance shall be known and may be cited as the "Street Excavation Ordinance of the Town of Taos". Section 2. Definitions. For the purpu,s of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given here- in. (1) "Applicant" is any person making written application to the Street Superintendent for an excavation permit hereunder. (2) "Town" is the Town of Taos. (3) "Town Council" or "Council" is the Town Council of the Town of T- os. (4) "Street Superintendent" is the Street Superintendent of the Town of Taos. (5) "Excavation Work" is the excavation and other work permitted under an excavation permit and required to be performed under this Ordinance. (6) "Permittee" is any person who has been granted and has in full force and effect an excavation permit issued hereunder. (7) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (8) "Street" is any street, highway, sidewalk, alley, avenue, or other public way or public grounds in the Town. Section 3. Excavation Permit. It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street i for any purpose or to place, deposit or leave upon any street any earth or other i excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit there- for from the Street Superintendent. Section 4. Application. No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Street Superintendent. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement an! the date of completion of the excavation, and other data as may reaonably be required by the Street Superintendent. Section 1 . Excavation Placard. The Street Superintendent shall provide each permittee at the time a prirmit is issued hereunder a suitable placard plainly written or printed in English letters at least one inch high with the following notice: "Town of Taos, Permit No. , Expires ". It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit, or to misrepresent the number of the permit or the date of expira- tion of the permit. Section 6. Surety Bond. Before an excavation permit as herein provided is issued, the applicant shall deposit with the Town Clerk a surety bond in the amount of $ �LLI:.� payable to the Town. The required bond must be: (a) With good and sufficient surety; (b) By a surety company authorized to transact business in the state; (c) Satisfactory to the Town Attorney in form and substance; (d) Conditioned upon the permittee's compliance with this OrOinance and to secure and hold the Town and its officers harmless against any and all claims, judgments, or other costs arising from the excava- tion and other work covered by the excavation permit or for which -2- Y the Town, the Town Council or any Town officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the Street Superintendent, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said two year period shall be deemed conclusive evidence of defective back-filling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Town if such repairs should prove defective. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the Town by reason of the negligence or default of the per- mittee, upon the Town' s giving written notice to the permittee of such suit or claim, any final judgment against the Town requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be giv,:n under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicalbe as to all excavation work in streets by the principal in such bond during the term of one year from said date. Section 7. Cash Deposits. The application for an excavation permit to perform excavation work under this Ordinance shall be accompanied with a cash deposit, made to the Street Superintendent for deposit with the Town Clerk. Said cash deposit to be based upon the value of the surface to be disturbed whether it be paved or not, said value to include cost of labor. Said value shall be determined by resolution of the Taos Town Council from time to time as according to resolution it may see fit. No deposit shall be less than $ Any deposit made hereunder shall serve as security for the repair and performance of work neces- sary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Upon the permittee's completion of the work covered by such permit in conform- ity with this Ordinance as determined by the Street Superintendent two third of -3- such cash deposit shall be promptly refunded by the Town to ther permittee and the balance shall be refunded by the Town to the permittee upon the expiration of such 24 months' period; provided that the Town may used any or all of any such deposit to pay the cost of any work the Town performs to restore or main- tain the street as herein provided in the event the permittee fails to perform such work, in which -event the amount refunded to the permittee shall be reduced by the amount thus expended by the Town. Section 8. Attractive Nuisance. It shall be unlawful for the permittee to suffer or permit to remain unguarded at the place of excavation or opening any machinery, equipment or other devise having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health. Section 9. Damage to Existing Improvements. All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If upon being ordered the permittee fails to fur- nish the necessary labor and materials for such repairs, the Street Superinten- dent shall have the authority to cause said necessary labor and materials to be furnished by the Town and the cost shall be charged against the permittee, and the permittee shall also be liable on his or its bond therefor. Section 10. Clean-up. As the excavation work progresses all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permit- tee and shall be completed to the sati,ifaction of the Street Superintendent. From time to time as may be ordered by the Street Superintendent and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind -4- resulting from said work and upon failure to do so within 24 hours after having been notified to do so by the Street Superintendent, said work may be done by the Street Superintendent and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond pro- vided hereunder. Section 11. Protection of Water Courses. The permittee shall provide for the flow of all water courses, sewers or drains intercepted during the excava- tion work and shall replace the same in as good condition as it found them or shall make such provisions for them as the Street Superintendent may direct. The permittee shall not. obstruct the gutter of any street but shall use all prop?r measures to provide for the free passage of surface water. , The permit-ee shall make provision to take care of all surplus water, much, silt, slickings or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. Section 12. Breaking Through Pavement, Whenever it is necessary to break through existing pavement for excavation purposes, the pavement in the base shall be removed to at least 6 inches beyond the outer limits of the sub-grade that is to be disturbed in order to prevent settlement, and a 6-inch shoulder of un- disturbed material shall be provided in each side of the excavated treanch. The face of the remaining pavement shall be approximately vertical. A power-driven concrete saw shall be used so as to permit complete breakage of concrete pave- ment or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up the pavement. Section 13. Back-Filling. Back-filling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree eciuivalent to that of the undisturbed ground in which the trench was dug. Com- pacting shall be done by mechanical tapper,_ or vibrators, by rolling in lavers, -5- or by water settling, as required by the soil in question and sound engineering practices generally recognized in the construction industry. The decision as to whether a trench shall be back-filled by water settling shall be based upon sound engineering practices. When water is taken from a fire hydrant the per- mittee shall assign one man to operate the hydrant and shall make certain that said man had been instructed by the Town Water Department in the operation of the hydrant. The Town Water Department shall likewise be notified at both the beginning and the end of the job so that the condition of the fire hydrant can be checked on both occasions. Any damage done to the hydrant during the excava- tion shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the Town Water Department. Section 14. Back-Filling by Water Settling. When back-filling is done by water settling, excavated 'materials above utility installations shall be deposit- ed uniformly in layers of not more than five feet in thickness an;l shall be thoroughly flooded. During the flooding the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of back-fill with bars. All bars used shall be long enough to ex- tend entirely through the layer being filled and shall be forced down through the loose back-fill material, As the bars are withdrawn the water sh?11 be allowed to flow downward around the bar. The channel or hole formed by the bar shall be kept open and the water kept running into it until the fill has settled. All work shall be done in such manner as to obtain a relative com- paction through the entire depth of the back-fill of not less than that existing adjacent to the excavation. Section 15. Dry Back-Filling. Back-filling up to the first 18 inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed 4 inches in thickness. Layers that are -6- � � a pow,!r tamped shall not exceed 6 inches in thickness. The same requirements sbdii apply to the remainder of the back-filling if tamping is the method used for back-filling. Back-filling of all pipes of over LA inches in diameter shall be carried up to the spring line of the pipe in three-inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. The back-fill around all pipes 24 inches or less in diameter shall be flooded or tamped as specified above to a depth of 18 inches above the top of the pipe be- fore any additional back-filling is placed thereon. Section 16. Back-Fill Material. Whenever any excavation for the laying of t pipe is made through rock, the pipe shall be laid 6 inches above the rock bot- tom of the trench and the space under, around and 6 inches above the pipe shall be back-filled with clean river sand, non-corrosive soil or one-quarter inch minus gravel. Broken pavement, large stones, and debris shall not be used in the back-fill. Section 17. Back-Filling at the Surface. Back-filling shall be completed by placing the back-fill material well up over the top of the trench. For dry back-filling, the material shall be compacted with a roller of an approved type or with the rear of a truck carrying at least five tons until the surface is un- yielding. The surface shall then be graded as required. Section 18. Restoration of Surface. The permittee shall restore the sur- face of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specifications of the Street Superintendent. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be re- placed before the opening of the cut -to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place and this fill shall be topped with a minimum of at least one inch of bituminous mix- ture which is suitable to maintain the opening in good condition until permanent -7- i restoration can be made. The crown of the temporary restoration shall not ex- ceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and must maintain such rest- orations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifica- tions of the Street Superintendent. If in the judgment of the Street Superin- tendent it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under such permit by reason o^ the looseness of the earth or weather conditions he may direct the permittee to lay a temporary pavement of wood or other suitable material desig- nated by him over such cut or excavation to remain until such time as the repair of the original pavement may be properly made. Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the Street Superinten- dent to restore the street to its original and proper condition. or as near as may be. Acceptance of approval of any excavation work by the Street Superintendent shall not prevent the Town from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defect- ive work if discovered within 24 months from the completion of the excavation work. The Street Superintendent's presence during the performance of any exca- vation work shall not relieve the permittee of its responsibilities hereunder. Section 19. Town' s Right to Restore Surface. If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the Street Super- intendent, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The -8- 0 +t permittee shall be liable for the actual cost thereof and 25% of such cost in addition for general overhead and administrative expenses. The Town shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided and the Town shall also enforce its rights under the permittee's surety bond provided pursuant to this Ordinance. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition. Section 20. Prompt Completion of Work. The permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete sur_h work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the excavation permit therefor. Section 21. Urgent Work. If in his Judgment traffic conditions, the safe- ty or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Street Superintendent shall have full power to order, at the time the p-,rmit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible. Section 22. Emergency Action. In the event of any emergency in which a sewer, main, conduit or utility in or under any street breaks, bursts, or other- wise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining an excavation per- mit hereunder, shall immediately take proper emergency measures to cure or rem- edy the dangerous conditions for the protection or property, life, health, and safety of individuals. However, such person owning or controlling such farility -9- e � r shall apply fur an excavation permit not later than the end of the next succeed- ing day during which the Street Superintendent' s office is open for business, and shall not proceed with permenant repairs without first obtaining an excava- tion permit hereunder. Section 23. Excavations Barred in New Street Improvements. Whenever the Town Council enacts any ordinance or resolution providing for the paving or re- paving of any street, the Street Superintendent shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under said street or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of two years after the date of the enactment of such ordinance or resolu- tion. Such notice shall also notify such perons that applications for excava- tion permits, for work to be done prior to such paving or repaving, shall be l submitted promptly in order that the work covered by the excavation permit may be completed not later than 45 days from the date of the enactment of such ord- inance or resolution. The Street Superintenden', shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and Town De- r� partments or other persons that may desire to perform excavation work in said Town street. Within said 45 days every public utility company receiving notice as pres- cribed herein shall perform such excavation work, subject to the provisions of this Ordinance, as may be ne:essary to install or repair sewers, mains, conduits or other utility installations. In the event any owner of real property acutt- ing said streets shall fail within said 45 days to perform such excavation work as may be required to install or repair utility service lines or service con- nections to the property lines, any and all rights of such owner or his succes- sors in interest to make openings, cuts or excavations in said street shall be -10- forfeited for a period of two years from the date of enactment of said ordinance or resolution. During said two year period no excavation permit shall be issued to open, cut or excavate in said street unless in the judgment of the Street Superintendent, an emergency as described in this Ordinance exists which makes it absolutely essential that the excavation permit be issued. Every Town department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in said street is directed to take appropriate measures to perform such excavation work within said 45 day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said Town street during said two year period. Section 24. Inspections. The Street Superintendent shall make such in- spections as are reasonably necessary in the enforcement of this Ordinance. The Street Superintendent shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Ordinance. Section 25, Maint3i.n Drawings. Users of sub-surface street space shall maintain accurate drawings, plans and profiles showing the location and charac- ter of all underground structures including abandoned installations. Corrected maps shall be filed with the Street Superintendent within 60 days after new in- stallations, changes or replacements are made. Section 26. Ordinance Not Applicable to Town Work. The provisions o' this Ordinance shall not be applicable to any excavation work under the direction of competent Town authorities, by employees of the Town or by any contractor o° the Town performing work for and on behalf of the Town necessitating openings or excavations in streets. Section 27. Insurance. A permittee, prior to the commencement of excava- tion work hereunder, shall furnish the Street Superintendent satisfactory evi- dence in writing that the permittee has in force and will maintain in force —11- led ` during the performance of the excavation work and the period of the excavation t b liability insurance of not less than 100 000 for an one person perms public 1 y $ Y p and $300,000 for any one accident and property damage insurance of not less than $50,000 duly issued by an insurance company authorized to do business in this Sta`�. Section 28. Liability of Town. This Ordinance shall not be construed as imposing upon the Town or any official or employee any liability or responsibil- ity for damages to any person injured by the performance of any excavation work for which an excavation permit is ussued hereunder; nor shall the Town or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work. Section 29. Separability, If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 30. Penalties. Any person violating any provision of this Ordin- ance shall be deemed guilty of a petty misdemeanor and upon conviction thereof shall be fined not less than $150.00 for the first offense and upon conviction shall be fined not less than $150.00 nor more than $300.00 for the second of- fense. Each day such violation is committed, or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Section 31. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance ar7 hereby repealed. DONE at Taos, New Mexico, thi s-/ day o - `'��:; j �� , 1978. ATTEST: MAYOR TOWN CLERK -12- TOWN OF TAOS, TAOS, NEV MEXICO NOTICE OF MEETING AND PROPOSED ORDINANCE The Taos Town Council of the Town of Taos (herein the "Town), New Mexico, hereby gives notice of its intention to hold a regular public meeting at 7:30 P.M. , on Wednesday, September 20, 1978, at the Taos Town Hall, Armory Street. Taos, New Mexico. At such meeting the council will adopt an ordinance relat- ing to the regulating of opening and excavating streets. The title and sub- ject matter of such proposed ordinance is as follows: AN ORDINANCE REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS, SIDEWALKS, AND OTHER PUBLIC GROUNDS; REQUIRING A PERMIT THEREFOR AND PAYMENT OF A FEE; IM- POSING REQUIREMENTS FOR THE PROTECTION OF LIFE AND PROPERTY IN CONNECTION WITH EXCAVATION WORK, INCLUD- ING TRAFFIC AND PEDESTRIAN SAFEGUARDS AND THE PRO- TECTION OF UTILITIES AND OTHER PROPERTY; REGULATING THE BACK-FILLING AND RESURFACING OF EXCAVATIONS; PRESCRIBING SURETY BOND, INSURANCE AND DEPOSIT RE- QUIREMENTS; PROHIBITING EXCAVATIONS IN NEW PAVEMENTS FOR A PERIOD OF TWO YEARS; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. The following is a general summary of the subject matter contained in Ordinance No. 650: Section 1 sets out the short title of the ordinance as Street Excavation Ordinance of the Town of Taos. Section 2 sets out the definitions. Section 3 sets out the requirements for an excavation permit. Section 4 deals with the application for an excavation permit. Section 5 deals with the excavation placard. Section 6 sets forth the requirements, of a surety bond. Section 7 e eats with the cash deposits. Section 8 deals with attractive nuisance. Section 0 deals with damage to existing improvements. Section 10 deals with clean-up. 4 Section 11 deals with protection of water courses. Section 12 deals with breaking through pavement. Section 13 deals with back-filling. Section 14 deals with back-filling by water settling. Section 15 deals with dLT back-filling. Section 16 deals with back-fill material. Section 17 deals with back-filling at the surface. Section 18 deals with restoration of surface. Section 19 deals with the Town's right to restore surface. Section 20 deals with the prompt completion of work. Section 21 deals with urgent work. Section 22 deals with emergency action. Section 23 deals with excavations barred in new street improvements. Section 24 deals with inspections. Section 25 deals sith the maint-in*,.ng of drawings. Section 26 deals with the ordinan e not being applicable to Town work. Section 27 deals with insur�.nce. Section 28 deals with the liability of the Town. Section 29 deals with separability. Section 30 deals with penalties. Section 31 deals with ordinances repealed. COMPLETE COPIES OF THIS PROPOSED ORDINANCE ARE ON FILE IN THE OFFICE OF THE TOWN CLERK, MUNICIPAL OFFICES (ON ARMORY STREET) IN TAOS, NEW MEXICO AND ARE AVAILABLE DURING THE NORMAL AND REGULAR BUSINESS HOURS OF THE TOWN CLERK UPON REQUEST AND PAYMENT OF A REASONABLE CHARGE. WITNESS my bend and the seal of the Town of Taos, New Mexico, this 24th day of August, 1978. J (SEAL) //T-1 TO rNTJ ERK 1. V 7 Legal No. Publish One (1) Time. August 31, 1978. • RESOLUTION N0. 78-6 WHEREAS, the Town of Taos, New Mexico, has passed and adopted Ordinance No. 650, and WHEREAS, Ordinance No. 650 does contemplate a periodic review of the cost of street construction to be eotablished by resolution, and WHEREAS, it is the desire of the Town to establish such a schedule, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF THOS, NEW MEXICO that the value of one (1) square yard of paved road at the present time is $4.50 , and that the value of one (1) square yard of gravelled road is $2.30 , This Resolution shall remain in effect until such time as the Town Council re-considers the above valuations. PASSED, APPROVED APED ADOPTED thi,,� — day o .� �� , 1978. • i TOWN OF TAOS, NEW MEXICO - I B . tw4rrv� ATTEST• MAYOR i TOWN Vt i 1