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9550 SW LEWIS LANE • FILE NO. SS 77 'MIS LANE - 9 0 STR. OPN. PERI APPLICATION — STREET IN'PRI '.MENT/EXCAVATION COPY TO: ORDIi IANCE NO. 74 14 BLUE) P. INSTRUCTIONS ON SEPARATESHEG,T) fir) IYFLLOWI-OTHEH AGENCY �p_IPINKI PPPOLANNTT APPROVED x APPLICATION NO. /-Z _ NOT APPROVED Q CI Y 01 FIGARD, OREGON FEF. AMT. S __.--__ PENDING FEE. PMT. ❑ C 1'fY HALL RECEP - - "q "q PENDING SELURITY r) PUBLICWORKS DEPARTMENT BY – UATE�A 7 /� PENDING AGENCY 'OK" ❑ Application and Progress Record PENDING INFORMATION C) FOR STI;EF 1 IMPROVEMENT/EXCAVATION MAINTENANCEREQUIRD D N 1A� ANNUAL Cl PENDING VARIANCE ❑ , ' EXPIRATION DA E: PERMIT NO.: ��_•_ SATE 'SSUED: __ _1 '�'L> BY: —�^- �-�—a-�•-sa :r:._Wiz-mss-�--s a •-- �-� ��—� .—._____ _ .rsss (1) APPLICX- T, O 15 HEI?Ef3Y MADE TO EXCAVATE FOR AND INSTALL _Dri�cew�v-_ � 9s _ ,A,Y �� _ G. Q-�'►� 1'_- AS DESCRIBED HEREIN, IN FULL ACCORDANCE WITH CITY REQUIREMENTS. 282-0746 work APPLICANT ._ ._ Lane Tigard_ ----___. --620-8281 NAME e� i.JDNE99 CITY PHONE CONTRACTOR P-ioneer_�ayi,nq_ ��18 S.E. 135th Ave Portland 255-5611 _ NAME ADDRC9'3 CITY PHONE _ PLANS BY Not applicable.__--- — -_-__-- ___-_-.– -.- _–- NAME ADDRESS C17Y --FFIOkE ESTIMATED IMPROVEMENTTOTAL VALUA i ION ( COST): $ .-1.55 00 DOLLARS (2) EXCAVATION DATA: 0.02 x STREET DESCRIPTION _ PROGRESS & INSPECTION STJ%TUS NAME SURFACKI CUT CUT CUT MATERIAL INSTALLED ITEM DATE REMARK.3/TYPE BY TYPE ILENGTHIWIDTH DEPTH ITCM & QUANTITY ^ I IF Ir STREET INSPE - R I"!:N �� QU ESTIMATED STREET OPENING DATE:_ 1�� ( ec) 3 T ESTIMATED STREET r-LOSING DATE: _J �-GZI.L_-_._ E (3) SECURITY NO. S§ECU IT AMT.: �� STREET �_- CL.OSEU SURETY CO.: _� * I.a FINAL CERTIFIED LH6�K =_JCASHT GONn., INSPEL• (4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL - tSPF17-1 Af, PROVISIONS/CONDITIONS: FEATURES; EXCAVATION LOCATION AND EXTENT. r`• �h I I -" I 1 , I I C- 2 - - -- - - — i v t ev- ILI I 1 � �1 I I 1 CahST` I5) NoI-E: THE CITY OF TIGARD DOES NOT, HEREBY, GRANT r'ERMISSION TO APPLICANTS TO roll DUCT WORK WHERE RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIF_S, TO COMPLY WITH ALL PEhTINENT LAWS AND CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THF: WORK, AND TO SAVE HARMLESS THE CITY AND EMPLOYEES AGAINST ANY INJURY OR DAMAGE WHICH MAY RESULT FROM APPLICANTS ACTIONS APPLICANTS SIGNATURE I�tIJ -ZG ��*^Wa-�` DATE 9 � � APPLICATION - STREET IMPRr 'cMENT/EXCAVATION COPY TO: ORDIN. CE NO. 74-14 Ll (WHITE) FILE ❑11 (BLUE) -INSP. (INSTRUCTIONS ON SEPARATE SHEET 1 CJ (FELLOW) -OTHER AGENCY ❑ (PINK) APPLICANT APPROVED [( APPLICATION NO.: NO- APPROVED J CITY OF TIGARU, OREGON FEE AMT.: ; PF.P,DING FEE PMT. ❑ CITY IIALL RECEIPT NO. _ PFNDINGSF_CURITY ❑ PUBL IC WOR KS DEPA R TMEN T By ___ DATE—._—_(._�__ PENDING AGENCY "OK" ❑ Ahplieation and Progress ReI ord — — — — — — — — — — — — — — — WAINTENANCE BOND M— PENDING INI ORMATIUN ❑ FOR STREET IMPROVEMENT/EXCAVATION AS ^I QUIRED U _ ANNUAL U PENDING VARIANCE !] EXPIRATIONDATE: / PERMIT NO.: >�� . DA f E ISSUED: .----- / / , BY: ------- (1) APPLICATION IS HEREBY MADE TO EX-'A DATE FOR AND NSTALL AS DESCRIBC D HEREIN- IN FULL ACCORD,;NCE WITH CITY REQUIREMENTS. APPLICANT AME ADDRESS _-. _- - — CITV----"— PHONE CONTRACTOR _ CITY PLANS BY _— ADDREISS --- - CITY ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): $ ---•- DOLLARS usIF FO'.002 -- (2) EXCAVATION DATA: R ornce usF ,MINX s — STREET HSCRIPTION _ _ _PROGRESS & INSPECTION STATUS NAME SUgFACE cul CUT— CUT MATERIALINSTALLED — �� TYPE LENGTH WIDTH D1 PTH I ITEM & QUANTITY ITEM DATE REMARKS/TYPE BY STREET `— — -OPENED _ INSPEC R / A� d TION -�_ � r h e E ESTIMATED STREET OPENING DAT.:: L _.��__ Q E ESTIMATED STREET CLOSING DATE: �_— / L— VT E , (^ SECURITY NO. SECURITY AMT: $` STREET W� CLOSE SURETY CO.: FINAL _ CERT((-IED CHECK Q--- CASH _SOUND._ SPECIAL PROVISIONS CONDITIONS�I ry 7 (4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL / f-EATURES; ':XCAVATION LOCATION AND EXTENT, I I 1 I cuRg I I ! I (5) NOTE THE CITY OF TIGArD DOES NOT, HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORI< WHFRE RIGIIT OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON. THE, APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO COMPLY WITH ALL PERTINENT LAWS AND CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND TO SAVE HARMLESS THE Ci rY AND EMPLOYEES AGAINST ANY INJURY OR DAMAGE WHICH MAY RESULT FROM APPLICANTS ACTIONS. APPLICANTS SIGNATURE -- DATE - / / CITU OFTIGARD—12420 S.W MAIN—TIGARD,OREGON 97223 7 RECEIPT /DATE — — /�` -9 AMOUNT. DOLLARS d ��ME. � •1 � ADDRESS__ A ' p U/ CASH: CHECK: vZ /OR: -- ACCT.• Or /tRMlit tUR_ CNAR01 AMOUNT SEWER BILLING 40.364 BUSINESS LICENSE 05-331 PLUMBING PERMIT 05-332 S _ MECHANICAL PERMIT 05.332 BUILDING PERMIT 05-333 SEWER CONNECTION 40-363 SEWER INSPECTION 40-365 SYSTEM DEV,CHARGE 25-366 PARK DEV.CHARGE#1 30-367 PARK DEV,CHARGE 02 30-368 NTNG ADJUSTMENTS 05-362 _ Us 333 TC 5 RECEIVED BY IT NUMt! t SSIONIbmber meuM NumbN Ameunf Number Amount -- -� -- R CIIPT• 5�:,S 1 APPLICATION — STREET IMPRC -MENT/EXCAVATION COPY TO: ITEORDI NA..CE NO. 74.14 (BLUFI❑ ( LUE)-I FILE ❑ -INSP. ❑ (YELLOW1 OTHER AGENCY (INSTRUCTIONS ON 2EPARATE SHEET) n (PINK) (A'P'PLICANT APPROVED ❑ APPLICATION NO/:�_ �i0`__—._—___._ NOT APPROVED [l CITY OF TIGARD, OREGON FEE AMT.: f PENDING FEE. PMT. ❑ CITY HALL RECEIPT •NO•: PENDING SECURITY ElPUBLICW'ORKSOEPARTMENT BY _6 DATE--��/__. PEN DIN(. ^Qt-',C'/ ''OK" ❑ Application and Progress Record �/ PENDIN' ..P4,I MA -IOPI ❑ FOR STREET IMPROVEMENT/EXCAVATION MAINTENANCEREQUIRED ar_rrsr J ANNUAL PENDING VAR—NCE ❑ EXPIRATION DATE PERMIT NO.: NATE ISSUED: _�_ 1+2* ZZ BY: FTj�," (1 ) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTALL AS DESCRIBED HEREIN, IN FULL ACCORDANCE WITH CITY REQUIREMENTS. APPLICANT Beedlion & Hel.lums Plbq. , Inc.. 3327 S.E. Hawthgxne Port end uregInn 972231-8885 NAM ADDRrT�� -- CONTRACTOR Kiri-Beth Corporation 56",, E. Mprrlson Portland, _Orregon_ 97215 238-6931 WA—MK-- ADDRESS 1 PHONE PLANS BY _ ___Cl=l rear}jar --- --_- NAME I1D6RFff CITYPHONE ESTIMATED IMPROVEMF.NT TOTAL VALUATION ( COST): S -- ._ __ - —_ _ — _� IIOLLARS FOR OFFICE USK: (2) —EXCAVATION DATA 0.02 X i STREET r _DESCRIPTION r PROGRESS & INSPECTION STATUS NAME SURFACE CUT CUT CUT MATERIAL INSTALLED ITEM DATE REMARKS/TYPE BY TYPE LENGTH WIDTH DEPTH ITEM A QUANTITY _LEt''jS )•ane 3 hal I ,' " STRIdE7 INS R TIO _ Q U - ---- ESTIMATED STREET OPENING DATE: q / / /7 _- S ES"MATED STREET CLOSING DATE: 2 127 / T - - _ E (3) SECURITY NO. SECURITY AMT.: : 5nn-nn__- STREET — CLOSE _ SURETY CO.: idali �c Anti nAnnci� Cnmpv C�l� Marin n l FINAL — C 'nF1FD C CK O C�fN D ■OND L7 INSPEC. (4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL SPECIAL PROVISIONS!CONDITIONS: FEATURES: EXCAVATION LOCATION AND EXTENT. 1�I I —_ 1 t ,•_TLty�rL � — I I I I c 1 5i NOTE THE CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION TO A'-PLICAN 'S TO CONDUCT WORK WHERE RIGIAT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON. THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO COMPLY WITFI ALL PERTINENT LAWS AND CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND TO SAV7 HARMLESS THE CITY AND EMPLOYEES AGAINST AN OR OR DAMAGE WHICH MAY RESULT FROM APPLICANTS ACTIONS. AI'PLICANTS SIGNAT6RE: DATE �� I �h 77 / r 3 v , APPLICATION -- STREET INIPR -MENT/EXCAVATIOIJ COPY TO: L (WHITE)' FILE ORDINANCE NO. 74-14 n (91_A INSP. (INSTRUCTIONS rN SEPARATE SHEET) D (YELLOW) OTHER AGENCY f] (PINKI APPLICANT- APPROVED ❑ APPLICATION NO.NOT APPROVED 0 CITY OF TIGARD, OREGON FEE AMT.: E -- PENDING s-EE. PMT. ❑ CITY HALL RECEIPT NO.: PENDING SECURITY ❑ PUBLIC WORKS DEPARTMENT BY -__—._-_. DATE_. I / PENDING AGENCY "OK" ❑ Application and Progress Record MAINTENANCE BOND M PENDING INFORMATION ❑ FOR STREET IMPPOVEMENT/EXCAVATION AS REQUIRED --_— ---• ANNUAL :: --_— PENDING VARIANCE [1 EXPIRATION DATE: . / PERMIT NO DATE ISSUED: 1._—� , BY: (1) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTALL AS DESLFt'r3ED HEREIN, IN FULL ACCORDANCE WITH CITY REQUIREMENTS. APPLICANT CSV__.-- PHONE N:ME ---- - ---A'r7nRES5- CONTRACTOR NAME - - - AfRESS CITY PHONE PLANS BY -- --- NAME -�-AODREff � - CITY PIinNE ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST)- S �—_— ___-_ DOLLARS FOR 3FF'ICE USE MIN. (2' EXCAVATION DATA: 0.02 x STREET _ DESCRIPTION PROGRESS & INSPECTION STA"f US NAME SURFACE CUT CUT CUT MATERIAL INSTALLED ITEM DATE REMARKS/TYPE BY TYPE LENGTH WIDTH DEPTH ITEM & QUANTITY STREET -- -— PENED INSPEC- -- --� - -- _ R TION _ Q r - ESTIMATED STREET OPENING DATE:,----- / / S E:3'iIMATED STREET CLOSING DATE: 7 / — E 3TRE.ET (3) SECURITY NO. — SECURITY AMT: S � �— CLOSE SURETY CO.: _ _ FINAL --' -- CERTIPIEOCHECK ❑ CASH n ■ON �i INSPEC. (4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL SPECIAL PROVISIONS /CONDITIONS: FEATURES: EXCAVATION LOCATION AND EXTENT, I I I (5) NOTE HE CITY OF TIGARD DOES NOT, HERER" —"'ANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE RIGHT-OF-WAY JURISDICTION IS THAT OF WA£ SON COUNTY OR THE STATE_ OF OREGON, THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO COMPLY WITH ALL PERTINENT LAWS AND CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND TO SAVE HARMLESS THE CITY AND EMPLOYEES AGAINSZ.ANY INJURY OR DAMAGE WHICH MAY RESULT FROM APPLICANTS .ACTIONS APPLICANTS SIGNATURE: DATE / L 04 20 ■pl�h of -260' - ---- Nil No I24 31 '2481 Null11 Kit !11 oil 41,4. 57 ilv,,�Jml III I III mill Milli 2+32 loom 1451 70 2-6 Uj II i Fidefi and De ' osit rp �ompany tto,HE orrICE GF MARYLAND eatr1tir0rzr, ,4fD. 21204 License and/or Permit Bond KNOW ALL MEN BY THESE PRESENT; That we, ion and He 1 1 urns P 1 umb i nq Inc. as Principa:, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, incorporated under the laws of the State of Maryland, with principal otfi,,•e in Baltimere, Maryland, as Surety, are held and firmly bound unto -Ci tY...of_T�gardt•0rec�c;,------._... . ....... --.-_._------_-.----- --------------- •----------- ___,as Obligee, in penal sumof.__Five Hundred--------(5500900)----------------------- - - ---•-----------------•-••--•---•--------- ----- Dollars, lawful money of the United States, for which paylnent, wel; and truly to be made, we bind ourselves,our heirs, executors, administrators, successors and assigns, jointly ,and severally, firmly, by these presents. WHEREAS, the above bounden Principal has obtained or is aboat to obtain from the said Obligee a Ucenseorpermit fir..street:_open� -jg der ordinance 74-14 and Amendment 76-11 _ _.......................---._....---• - ----...-• ------; and the ---------------- ----•-----.......-------•-- -----•---•--. •-- -- ----•----•--•--- ---- rm of said license or permit is as indicated opposite the block checked below: v`Z] Beginning the._....----------------------_--_.day of---•-_•Septem��er 77 ..__._19_._..., and ending, the-_........22nd.-------___day of......-September - -19.78.. {] Continuous, beginning the-........._..........._._......-....day of_. ...._.....___......... .... WHEREAS, the Principal is required by law to file with_.....Ci ty_of T1 gard, Ore90n ------..._--------- -- -.............•• . a bond for the above indicated term and conditioned as hereinafte►set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above. bounden Priiscipal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non- compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PPOVIDED, that if this bond is for a fixed term, it may be ^o-`'cued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years ttiis frond shall continue or be continued in force and of the number of premium4 that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30)days notice in writing to said Obligee. Signed, sealed and dated the...................22nd--.•_ Se tmbPr •---. day of.__.. .._..� P ------ --•----------19 1.... -B a-- o and HPIIums Plumbing Inc. / �� ...Pr . _._.. incipal FIDELITY AND DEP�OCSIT-1064PAI4.Y OF MARYLAND Richard W. Recob Attorney-in-Fcct <a 173-1D1,6-73 193:J9 t Power of Attorney FIDELITY AND DEPCOSIT COMPANY CGr MARYLAND j HOME OFFICE, BALTIMORE,MD. I KNOw ALL MEN By TIIESE RESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corpora- tion of the State of Maryland,by C. Mo PECOT, ,.TR.. ,Vice President,and C. W. BOBBINS P Assistant Secretary,in pursuance of authority granted by Article VI, Section 'L, of the By-Lays of said Corr•.- pany, which reads as follows:. The President,or any one of the Executive Vice-Presidelrts or any one of the additional Vice-Presidents specially authorized so to do by the board of Directors or by the Executive Committee shall have power, by and with the concurrence of th, Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant as the business of the Company may require,c.r to authorize any person or persons to execute an Secretaries and Attorneys-in-Fact behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreement,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of m)rtgages,and also all other instruments and docu- ments which the business of the Company may require,and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Richard W. Rerob of Portland, Oregon..... %Awe s s rue and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as and as its act and deed: any and all bonds and undertakings..........., �.�... surety, AiTd-rFe execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had beim duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper per3ons. This power of attorney revokeEr,that issued on behalf of Richard W. Recob, dated July 229 1974• The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLANr1, this bra.................................day of.....................SPP.tQmbex......... ...... A.D. 19..76... �lAoo'Pos' FIDELITY AND IIFPOSIT COMPANY OF MARYLAND Tar; EA ATTEST: n W S L 2 / �� Q l:I�✓� ,cif-'�. ..................................... ........ Assisksnl Secretary Vice-Presideel STATE OF MARYLAND CITY OF BALTIMORE 1 On this 3rd day of September , A.D. 1976 , before the subscriber, a Notary Public of the State of Maryland,In .nu for the City of Baltimore,duly cum:tissioned and qualified,came the above-named Vice-President and Assistant Secretary or a FIDELITY AND DEPOSIT COMPANY OF Ni ARYLAND,to me personallyknown to be the individuals and officers described in and who er.cuted the preceding instrument,and they each acknowledged the execution of the sante,and being by me duly swore severally and each for himself deposeth and with,that they are the said officers of the Company aforesaid,and that the seal affiQ to the preceding instrument is the Corporate real of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscrib.-d to the,said instrument by the authority and direction of the said Corporation. IN TESTIMOVY WHEREOF,I ha+•e hereur.eo set my hand and affixed my Official Seal,at the City of Baltimore,the Jay and year first above Written. �1p I",,. - �'N0?ABY N ;...»»».....LG...............................�... =m: aj Notary Public Commission Expires..TILV..Is..x.9.7.0 i a•.PUnIIC?.*r E'�. CERTIFICATE I,the undersigned.Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in f ull force and effect on the date of this certificate:and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- ciallxx authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the hIOELITY AND 6POSIT COMPANY OF MARYLAND. uthorit�of the fallowing resolution of the Board of Directors of the This Certificate may be signed by facsimile under and by a FiDFuTY AND DEPOSIT COMPANY OF hIARYLAND at a meeting duly called and held on the 16th day of]illy, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether m.,.de heretofore or hereafter wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the&mpany with the same force and effect as though manually affixed." 114 7'EstleloNY WHFREOF, I have hereunto subscribed my name and nffixed the corporate. seal of the said Cumpany, this 22nd ......day of......Septemb.et.._. 19 77 ,,,,,t-� �"..... ... I.1419—Ctf. 20140 - Assfrtan ec►eto CiTY OF TIGARD, OREGON ORDINANCE No. 76 - 11 AN ORDINANCE AMENDING TITLE 15 OF THE TIGARD MUNICIPAL CODE, RELATING TO STREET OPENING PERMIT SECURITY REQUIREMENTS. THE CITY OF TIGARD ORDAINS AS FOLLOWSI Section Section 15.04,050 of Chapter 15.04 of the Tigard Municipal Code is hereby amended to read as follower "15.04.050 Security. Before the issuance of any permit, the department of public, works shall require the npplicant or his contractor to file with the city, as security, eithert "(1) In the e,rent an annual permit is requested, a surety bond in the amou t of five thousand dollars, unless the application is already bounu by the provisions of a frarchise ordinance or a subdivision compliance agreement. ""(2) In the event of an app.ication for a permit for one particular cut or break in an alley or street, a surety bond in an amount equal to the estimate(] cost of the work to be performed, "(3) The cost upon which the amount of the bond or security shall be based shall be the cost of the work to be performed within the public right-of-way, and not the cost of work to be performed outside of such right-of-way. "(4) Security may be helo on deposit by Lhe City for a period of one year. Said security agreement shall prcvide that the applicant or his contractor will, immediately upon completion of the work, be obligated to keep the work in a state of good repair at his own expense, and that he shall continue to do so until released from the maintenance oblipat{�n. In t,ie event the applicant or his contractor fails to carry out all provisions of the permit ar ' maintenance requirement, and the City has unreimbursed costs or — nses resulting from such failure, the City may call upon the security agreement or deposit for reimbursement_. "(5) In lieu of a surety bond, the applicant or his contractor may file as security cash, certified check or money order, The City shall hold such security sublect to the conditions set forth abo.-c:. "(b) In the case ,f unimproved streets no security shall be required unless, in the opinion of the City, such security is necessary for the protection of the public interert." Section 2 1 This ordinance .shall be effective on and after the 31st day . ter tis passage by the Council. PASSED: by unanimous vote ul all Council members present, after heing read three times by title and number only this 23rd day of February., 191b. Slanted - Durid. Harlin; City Recordir'- City of Tigard Ai✓rnOVEDt By thv President of Council thiF 23rd day of February, 1976, Si¢ned - John E Cook President of Ccunci - City of Tigard ORDINANCE No. 76-11 CITY CF TIGARD, OREGON ORDINANCE No, 74-14 AN ORDINANCE PROHIBITING FXV"AVATIONS IN CITY STREETS OR ALLEYS WITHOUT A PERMIT; PRESCRIBING PROCEDURES FOR OBTAINTNC PERMITS; REGULATING SiZF, LOCATION AND CONSTRUCTION OF PRIVEWAY APPROACHES, SIDEWALKS AND ^URP--CUTS, PhOVIDING FOR VARIANC:E:.; REGUI*RING RESTORA- TION AND MAINTENANCE OF EXCAVATIONS It! STREFTS A14D ALLEYS; PRESCRIB- ING PENALTIES FOR VIOLATION; FTXING EFFECTIVE, DATE THE CITY OF TIGARD ORDAINS AS FOLLOWS. Section 11. Definitions. The following words and phrases when used in isMapter shall, for the purpose of this chapter, have the meaninge respectively ascribed to them in this section, except in those instances where the context clearly indicates a differen4 meaning (a) '"Person" means every naturaj person, firm, copartner- shi , association, public or private corporation, or district. f b) "Str,�et" or "alien " means e�rery way or place open as a matter of right to the use cif the 1,i.,,blic for vehicular or, pedestrian traffic between right-of-rra,y lines. (c) "Tunnel" means an excavation requiring the removal of dirt or like material and does not include driving or forcing of pipe through the ground, (d) "Driveway" means an area designated for vehicular use, other than a des!anated parking area, not dedicated or set aside for public; use, l;e) "Driveway approach" means an area, construction or improvement between the roadway of a public street and prvete property intended to provide access for vehicles from th.e road- way of a public street to a definite area of the private property, such es a parking area,, a driveway, or a door, at least seven feet wide, Intended and used for the ingress and egress of vehicles,, The component parts of the driveway approach are termed the spron9 the end slopes or the curb return, (f) "Apron" means that portion of the driveway approach extending from the gutter flow line to the property line, (g) "End slopes" mean those portions of the driveway- approach which provide a transition from the normal curb and sidewalk elevations to she grade of the apron, either by means of a sloping surface or by means of a curb return together with the area between the pro'ected tangents of the curb return. (h) "Sidewalk" means an area specifically delineated and constructed for pedestrian use located behind a curb but with- in public right of-way, Page 1 - Ordinance No. 74-14 "^urb r^e` irn" means the arved portions of a curb in the en-d ,sigpes of a driveway approach. Section a� Permit. required, 'It is unlawful for any person to cut upon or w n, break, dig up, damage in any manner, undermine or tunnel under any public street or public alley wjthout first complying with the provisions of th.Ls chapter in regard to the obtaining of permlrs, depositing of securities , and the making of applications to the City. Applicatlons for permits shall be in the farm prescribed by the City. Permits shall be issued on an annual basis or for a limited time and shall specify the extent of the author"ty granted bj the permit. S,:c�tion Ja A li,sracatti;,. for erm".t. (,a) At the time of' application - o p 'IT-for ,e-T�l-ied time and for a spec if is cut or break in a street or alley, rhe applicant, shall specify his name and address, the date of application, the name of the street or alley to be cut or tunneled under,, the nature of the street surface or of pavement involved; the purpose of the work; the size and nature of the cut or excavatim the number of days required to complete the work; and shall execute an agreement to deposit such securities as xvquired by the City, to comply with the provisions of this chapter and with the specifications of the City pertaining to the conduct of the work, to save the city and its employees harmless against any injury or damage which may result fros the actions of the applic- ant, and to ,file a re—rt of the work done within 48 hours of its completion. Applica, on foreach permit• to he issued for a limited time and for a specific rut or break in the streat or alley shall_ be accompanied by .a fee of two percent (296; :)f the estimated construction cost, but not �.ess than a $2,00 minimum charge, ib , The application for en annual permit shall be i.n form as prescribed by the city and shall specify the name and address )f the applicant, as required by the city, to comply with the provisions of this chapteran agreement to save the city and its employees harmless against any injury or damage as a result of the actions of the applicant, and t'u file a report of all work done under the permit within 10 days after the initial cut or break in the street or a'ley has been made Application for an annual permit shall be accom,ianied by a fee of $100.•00 Section 4 Permit c,unditions. All work in streets or other public pTWEes s-h-a-=elone in the location_ approved by the Departmen'. �f Fablic Works and in arcordan�e with plans and specific- aticns prep-area or approved by said Department Such permit may include conditions binning upon the permittee ,,uch conditions- may Inc ode prior filing of a performance bond andf'or a maintenance bond and may include alurh other requirements as the Department of Public Works finds appropriate 1n the *public inte -es* All. work done siiall pie subject #-o the rejection or correction requirements Pap- Z Ordinances No. Zi-16_ of the Department of` Public Works and subject to its final. approval, Sem-L. Securlt-, Pefbre the issuance of any permit:,, the Dip—irfEe-nt of Pubi''c Works shell require the applicant to fixe with ,said Ca pry as security, either,, (a) Tn the event of annual Fermit is requested, a surety bond in -he amount o $1, 000. , anless the applicant is already bound by the provisio .a of a franchise ordinance or a subdiv- ision compi.lano,R agre :int, Tr the erront o an application for a permit for one parti.:u.Lar Cut or reek in an alley or street, a surety bond in the amount,. fl.,.e by the city, but not to exceed $5000 This bond mey b left on deposit with the city for r, period of vne ff.l� year, The bonds in either of said cases to be condilloned that t e applicant will., immediately upon the completlor of the wo k, r :move all surplus earth, rubbish, or -,thsr mat-xrlRls., real a the pavement cut or unde-mined In a ,a,ondlt 'on as good as or better than t was before, and keep same fin good repair, at his own a for a period of time to s� dp s.x.gnated by he city exceed one (.l) year from "he completion f (b) In IiJoV of t' bo a rationed 8 e$J bond„ the applicant may 1 (� Wcu fty cash Ort fled check in an amount eque.1 he es! ate replacement value of pavevan to be Gut„ togethe w Wthe costs of re-excavation and refilling with pr,=db terials, if necessary, as deter- mined by the cli -y, to el and returned subject to the same cordltons as se forth in the case of surety bonds, Provided, however, t at in the case of unimproved streete no secur^i$,y shall N required unless, in the opinion of the City,, such se^,urlty is necessary for the protection cf the publirc J%terest. Section 5,; Conduct sof work. All work under such permits shall be crone_r r on oR,1 'ty with the provisions of this chapter, the term's of the application and permits, and in the manner approved by the Department of Public Works, Upon completion of the excavation, cut or tunnel, 91.1 surplus earth, rubbish, or Other materials shall be removed immediately and the street surface or pavement shall be replaced in as good as or in; better condition than it was before. Page 3 - Ordinance No. 74-A Section 7; Adherandc to and exhibition of perm�ics- No work shall be un�lerta�ken other * a' an thatspec=ed in the. applica- tion and permit for a particular ,cut or, excavation, Upon demand of a city representative or any police officer, the permit shall be of an annua permit, shall. be on display at the place of business of the person within the city; or such work shall by stopped until the permit is produced and/or authenticated : Section 8: Dri°vewa ac (a) The permit provide eire.n au .hci zes retion of any mun.icip, facility, including a ; within the limits of a curb return which . , ,'r be encroached upon or allowed, providing that said applicant sh;.l-- first notify the appropriate authority, obtain the appropriate authorization, and shall bear the cost of the relocation of the municipal. facility. (b) No driveway approach shall be less than 5 feet from the side property line p:,ojected except in cul-de-sacs without approval and written permission of the city The end slopes may encroach within the 5 foot restricted area. (e) No portion of any driveway approach, including the end slopes, shall he located closer than 30 feet to an intersecting street right-of-way line- d) Commerical or service drives shall not be more than 30 feFc in width and if located on the same lot frontaire shall be separated by a minimum length of curb of 30 feet . (a) Each residential driveway shall be not more than 26 feet in width including end slopes, and if more than on driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than 30 feet measured along the curb line ( f) Joint access driveways shall conform to the appropri- ate width standard for clmmercial or residential type usage Section 9� Areas of limited street improvements (a)- Tr1here tandart�r-an--d been installed but where concrete sidewalks have not been instslled, the applicant shall be required to constric`- the driveway Approach from curb line to the applicant's premises- The cost shall be borne by the applicant . (b) Where standard gutter and curbs h& : not been install- .:d, the driveway approach may be constructed of the same material used for surfacing the driveway The applicant shall improve that portion between the property line and existing pavement in such a manner as to not impede surface drainage along the street. The cost of that portion of the improvement, between the property line and existing pavement, shall be borne by the appli-qnt Page 4 - Ordinance No, 74-1.4 _Section i01- Ab-andone .vewKS a2 roaches, In the event a person, zirm orcorpora"Yorc sEallaT me an application to re- locate a dr3°*eway approach and abandon an existing driveway approach, the appli,ca it shall. remo,7•e 'the existing driveway and replace the curb to a standard curt section at his own expense, Sec.*.. � on 116 Sl.+ffic' snt_,EarkILI&_ �uir�ed, No permit for the construc- - "I af-aF.Lveway epprroa��s to public or private property shall be Issued unl"ss stIfficient parking area is provided on the property served, entireiy within the property lines in accord- ance w3_th C.". ttr ordi.nancee. Section x2< Un'ueu&L conditions. The City Council may grant variances fi'am r�eguTaions and requirements of this chapter, ;provided it is first; determined at a public h,2arrig that the follow- ing conditions are all pre?ent ka) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation upon the apPl;loaot-"s property;, and t ) That the variance requested is not, adverse to the public in `•��-es'i:, parti,culartly .safety, he.al?h and general welfare, an,i i That the granti.ng oaf the permit, for the 1•ariance wilt. oca edversely affect the rights of adjacent property owners ryr '4•!J:�9'�� ¢R and d 1 Thar eP'Pli,-St i^n of the strict terms of this chapter will we)rk unriPoessary hardship upon the applicant property owner or tenant, Section :t3° Jlarladtctionn Thi-- requirements of this ordi,,ance shall r'PFyi "`� .l.1 public right-of-ways under the jusisdfction of the City of Tigard dedicated by plat or deeds, -r•eat:ed by user, or the use thereof controlled by the City pursuant to agreements with Washington Oounty or t•he State Highway Department„ Section 14 1a18Re� :wn a c,e;etante, The permi"tee must apply to e eiia,toren% o? bT� F-Works of the City for in- spection of the wcrk to determine compliance with the requirements of this ordinance, prior to final acceptan.e of the work, The permittee shall not be relieved of obligations under any performance or cash bond posted purauan'' to the r,rovisions hereof un*il the work is in accordance with the *.efts of "he permit; and has been accepted by said Departmenu,; the permit°ee shall further remain obligated through a time period which may be required by the City via a maintenanno bond, but not exceeding one yea- from the date of acceptance of the work. Page 5 -Ordinance No 74-14 Section 15° Barricades and Safety Measures. Yhenevi-r, any person crapter or otherwise, place any obstruction in a street or alley or make any excavation therein for any purposs whatsoever, it shall ')e the duty of such person ,)r corporation to keep the obstructior.s or excavation pro- perly ,safeguarded by substantIal barricades ani display lighted rad lanterns or other ligh!''s or flares frov, dusk until daylight in conformity with such regulations as may bfl specified by the city engineer. !,fhenever, in the opinion of the city department of public works the constants supervision from dusk ;o daylight to insure that all barricades are in proper condition ar.d location, all warning lights are burning, and all traffic is properly routed around such barricades,, the! persorr to whom the permit for work has been granted shall be responsible for furnishing a night watchman for that purpose. Section 16g Liebig±w,,y for Accidents. Every person or corportion hav1ng_��Msr�n_TS_5i&ce any obstnic:tion in any street or alley or to make any excavation therein under provision of this ordinance shall be responsible to anyone .for any injury by reason of the presence of such obstructions or excavation on the public highways when the nbstr^uctlon or excavation Is the whole proximate cause of the injury and shall also be liable to the city, in the event that the city is held responsible for any action or claims or otherwise arising - xt: of the prosenacr, of the obstruction or excavation on the pub. _c highway. Section 17; Re airs. .Ali persons to whom such permits art- granted s s peri:>nally responsible for the maintenance and repair of the street surface of pavement cut, dug up, damaged, tunneled under, undermined, �,�nder the provisions of the permit, in as good or better tondit.ion than before such work was undertaken, at their own expense, and for, su<;n a period of time as required by the city deparl.ment of public works,, but not to exceed one year. Section 18e Ntion, to City to Replace Pavement. Whenever, in the — ---- opinion� �th�e $tq ng ne��r9J t would be to the best interest of the c R tv for th.s r°,i.tl► itself to replace or repair the street surface or p,arement cult, damaged, tunneled under, or under- mined under the provisions of this ordinance, such work shall be done by the city and coast of the work shall be either charged to the person to whom the permit for the cut or excavation has been granted or deducted from security deposited by him with the city. Page 6 Ordinance No. 74n14 Section 19. p11��c+ability to Cit Work. The provisions of this or finance s al not be deemed to apply to construction or maintenance within streets or alley right-of-ways by the city, by its employees; when conducting city work, or by persons operating under contract with the city, contractor's performance and mainten- ance responsibility' s are not, though, hereby relieved. Section 20- Savins_C:laun, Tn the event any section or portion of this ordinance shall be determined by a court of com- petent jurisdiction to be without force or effect, the City of Tigard in enacting this ordinance declares its intention that the remaining provisions hereof shall not be affected thereby, and the remaining provisions ,of this ordinance shall be so construed for the purpose of carrying out the Intents and purposes of this ordinance. Section 21,, Penaitieso Any person, firm or corporation who shall beconvf-cted of a violation of the provisions hereof shall be deemed guilty of a misdemeanor and shall be subject to the imposition of a fine not to exceed $250,00. _Section 22: The provisions of this ordinance shall not be construed to be more obligatory, nor less restrictive, than those provisions which ar,e in full force and effect within existing franchise agreements„ Section 23..: Effective Date. IhLs ordinance shall be effective on and_af t e�3!_s, day after its passage by the Council and approval of the Mayor, PASSED" By unanimous vo-le of aLi Council. members present,, after being read tthree 'times by number and title only, This 29 day of January , 1974. � uIAaJ ' � ircor ed r = yTigard APPROI/EDI, By the Mayor,, this 29 day of January . 1974° 3J .4,�' y _ � h ,qor 7 Ty o gai rd Page 7 - Ordinance No. 74-14 CITY OF TIGARD, OREGON Engineering Division Operational Procedure S1,1B iECTc GENERAL INSTRUCTIONS TO APPLICANTS Obt4iir„ *1,,ad read attached City of Tigard Ordinance No. 74-14 entitled "An >.ii .an�e prohibiting excavations in City streets or alleys Vithout a permit; p*.-eacr1bir.1z p.-,:-.edures for obtaining permits; regulating size, location and construction -,i drivoway approaches, sidewalks and curb-cuts; providing for variances; requiring •Dagorati.om and maintenance of excavations in streets and alleys; prescribing ren.altios for violation; fixing effective date." Copies are available at City Rall via the City Recorder for the nominal sum of none each. 1 Obtain isfi "Ay0 ication - Street Improvemept/Excavation" form. Copies are available at City Nall at no charge. Rred (attached) the "Instructions for Completion of Street Improvement/Excavation P� rrn.lt rmIN; then complete items numbero-d one 1 through five S on thr Application fern , If in doubt regarding any of the five items; please ask for assistance. Your applt,ation will be reviewed and delay thereof may be contingent upon the information ycu supplied.. 4, Suh-it yc:rrr application (to the clerk) and pay the required deposit (cash, check or r iey order). Retain the receipt as proof of deposit. Please be aware that upon rtvipw cf v.-u► application, adjustment of the application fee may be necessary. Await r.otif1,a_- ion of application review results. If notified that additional or supplemontal fees, bonding, information or plans are required, the application must c imply or The ypplication will be voided. 0�1 Upon rottftc.atjrn of application approval, the applicant may pick up at City Hall one copy of ttn< approved application (pink); being the permit "form" therefor. Note, special pt,ovL-i• is may be stipulated thereon. Also, obtain and read "Instructions a St:t.: ; �. 1 - prnent/Excavation Permit Holders". ht posted conspicuously on the job aite prior to the start of work, 7.4:0TV r.: ' feasible, in the custody of a responsible person present at the juF ,ttt, Pailu.r.e to comply with this requirement will be grounds for closing the 'h1 &1RI1C�,a