Ordinance No. 82-28 CITY OF TIGARD, OREGON
ORDINANCE NO. 82- ;2Y
AN ORDINANCE AMENDING SECTION 15.04.050, STREET AND ALLEY EXCAVATIONS,
OF THE TIGARD MUNICIPAL CODE, AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Section 15.04.050 of Chapter 15.04, Street and Alley
Excavations, shall be amended with the following paragraphs:
15.04.050 (7) - The requirements of this section may be waived
if the applicant is a municipal corporation and it provides the City
with written assurances including, but not limited to, the following:
(a) The applicant agrees to maintain in full force and
effect all performance and security bonds assuring performance
of contractors for the benefit of the applicant while the work
is being performed under the permit for which application is
made;
(b) In the event any or all of the work is not completed
in accordance with the terms of the permit, the applicant will
undertake to complete all work and obligations to be performed
for the benefit of the City.
15.04.050(8) - The Public Works Director shall determine the
adequacy of, and consent in writing to, the alternative assurances
provided for in (7) supra prior to issuance of the permit.
Section 2. Inasmuch as it is necessary for the peace, health and
safety of the public that the foregoing amendment to the
Tigard Municipal Code become effective immediately, an emergency is
hereby declared to exist, and this Ordinance shall be effective upon
its passage by the Council and approval by the Mayor.
PASSED: By r vote of all Council members present this
day of , 1982, after being read
two times by number and title only.
Recorder - City o igard
APPROVED: By the Mayor this / day of ;� ,, , 1982.
Mayor C1 of Tigard
ORDINANCE NO. 82-
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LAW OFFICES
SGHNVENN, BRADLEY. BATCHELOR AND BRISBEE
W.C.SCHWENN 139 NE LINCOLN
CARRELL F. BRADLEY HILLSBORO, OREGON 97123
DeMAR L.BATCHELOR
LARRY A.BRISBEE TELEPHONE 15031648-6677
WILLIAM H.STOCKTON
May 28, 1982
MAY 2 91982
000F;r,�u., suuivr.r �r '.a
Mr. Kenneth M. Elliott
Attorney at Law
1727 N. W. Hoyt Street
Portland, Oregon 97209
Re: City of Tigard Street Excavation
Permit No. 143-82
Dear Ken:
This will confirm my telephone conversation with you today
relating to the street excavation permit issued by the
City of Tigard on March 22, 1982, for excavation in a
portion of S. W. 72nd by Doug Construction Co. , a contractor
for the City of Tualatin. I am enclosing a copy of the
permit for your reference.
The City of Tualatin - Doug Construction Co. contract includes
requirements for a performance bond issued by a surety for
the benefit of the City of Tualatin. Tualatin is in possession
of the performance bond. Tualatin would agree, as a condition
of the excavation permit, to keep in force and current during
the period of excavation and restoration the performance
bond of the contractor. In the event the contractor fails to
comply strictly with the restoration and other requirements of
the excavation permit, the City of Tualatin would promise and
agree to perform the permit requirements. The City would assume
the responsibility directly; however, under the provisions of its
contract with the contractor and the benefits of the performance
bond, Tualatin can cause the contractor to do the required
permit work. Upon the contractor's failure to do so, the City
would discharge the obligation directly for the benefit of
Tigard.
LAW OFFICES
SC.HWENN, BRADLEY, BATCHELOR AND BRI58EE
Mr. Kenneth M. Elliott
_ May 28, 1982
Page Two
To implement the approach, I would suggest adding the following
language to the permit:
"At all times during the work to be performed under
the authority of this permit, the City of Tualatin
will keep in force and current that certain Performance
Bond issued by Firemen's Fund Insurance Company
for the benefit of the City of Tualatin assuring
the performance of Doug Construction Co. , an Oregon
corporation. In the event Doug Construction Co. or
its subcontractors, agents or representatives fail to
perform all of the conditions required by the City
under this permit, the City of Tualatin will undertake
and complete all work and obligations to be performed
under the provisions of this permit for the benefit of
the City of Tigard."
As I indicated to you by telephone, the -contractor is prepared
to start work next week; consequently, I would very much appreciate
your call on Tuesday, June 1, 1982, to indicate if the proposal
is acceptable. If the approach is acceptable to you, we would
appreciate your notifying Mr. Curry so that the contractor can
proceed without delay. Thank you.
Yours very truly,
DLB:eis
CC: Mike McKillip
R. A. Wright Engineering
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