Chapter 10.02
UNFRANCHISED FACILITIES
Sections:
10.02.020 Tenants-at-Sufferance--Nuisance.
10.02.040 Permit--Application.
10.02.060 Return of public ways to prior condition.
10.02.070 Requirement to move facilities.
10.02.010 Definitions.
"Owner" shall be deemed to include every employee, nominee or independent contractor of the owner performing work on the town streets, or other town property, under contract, direction, request or authority of the owner, and the owner, its agents, employees or independent contractors shall be responsible to the town for any injury or damage to town property or the expense incurred or suffered by the town in correcting defects in work replacing town streets or other improvements damaged by the acts of such servants, agents or independent contractors of owner. (Ord. 287 § 6, 1993)
10.02.020 Tenants-at-Sufferance--Nuisance.
The owners of water, sewer, gas, power and communications facilities which occupy or otherwise use the streets, avenues, roads, alleys, lanes and other public ways or places in the town of Woodway who have not been granted a franchise or specific permit for said facilities or whose franchise therefor has expired shall be tenants-at-sufferance of the town right-of-way, and said facilities (hereafter referred to as "unfranchised facilities") are hereby declared a nuisance with regard to all operations, maintenance and other duties of care of the town with regard to public streets, avenues, roads, alleys, lanes and other public ways and places where said facilities may be located in the town on or after January 1, 1991. (Ord. 287 § 1, 1993)
10.02.030 Permit--Required.
Prior to commencing any work within the right-of-way of the town to repair, maintain, reconstruct, add to or connect to any unfranchised facilities in the town right-of-way, owners of unfranchised facilities shall first file with the town an application for a permit to do such work, accompanied by drawings showing the position and location of all such mains and/or laterals and meter boxes, valves, et cetera, sought to be constructed, laid, installed or erected at that time and their relative positions to existing streets, avenues, roads, alleys, lanes and other public places or ways. In the event said permit is approved, all documents relating thereto shall be included in the charts and records maintained by the owner. (Ord. 287 § 2, 1993)
10.02.040 Permit--Application.
The owner in such application shall specify the class and type of material to be used and the equipment to be used and the mode of safeguarding and facilitating public traffic during construction. [Owner shall comply with all road permits ordinance requirements of the town (WMC 12.04.020) and all such material and equipment shall be first class and shall meet with the approval and pass all normal and reasonable standards and requirements of said engineer, and the owner shall pay to the town of Woodway all reasonable costs of and expenses incurred in the examination, inspection and supervision of such work on account of the granting of said permit, including that work described in Section 10.02.030.] (Ord. 287 § 3, 1993)
10.02.050 Permit--Fee.
In addition to town costs incurred for engineering review and inspection, owner shall pay a permit fee to repair, maintain, reconstruct, add to or connect to any unfranchised facilities in the town right-of-way as set forth in Section 3.32.010 for permits under Section 10.02.030. (Ord. 04-431 § 6, 2004: Ord. 287 § 7, 1993)
10.02.060 Return of public ways to prior condition.
A. The owner of unfranchised facilities shall leave all streets, avenues, alleys, roads and public places, after construction or maintenance work therein, in as good and safe condition, or better, as they were before the commencement of such work, and all recorded monuments which have been disturbed or displaced by the work shall be reset to the approval of the Town Engineer.
B. In case of any damage to said streets, avenues, alleys, roads, or public places as a result of its work or the work of its agents or contractors while installing or repairing unfranchised facilities, the owner shall immediately repair said damage at its own sole cost and expense.
C. In the event said owner, its agents or contractors performing work and/or services on unfranchised facilities, shall fail within a reasonable time to repair, restore and otherwise make safe the streets, sidewalks, or other public right-of-way property of the town, the town engineer, or other appropriate official, may at any time do, order and have done any and all work considered necessary to restore to a safe condition any such street, avenue, alley, road or public place of property left by the owner, or its agents, in a condition dangerous to life or property, or replace or reset monuments. The owner, upon demand, shall pay to the town all costs of such construction or repair of doing such work. (Ord. 287 § 4, 1993)
10.02.070 Requirement to move facilities.
If at any time the town of Woodway deems it advisable to improve, repair, or maintain any of its streets, avenues, alleys, roads or public places, or to install or relocate municipally owned sewers, drains or water mains, the owner of unfranchised facilities, upon written notice by the town of Woodway, shall, at its own expense, immediately so raise, lower or move its line of pipes or otherwise relocate its facilities to conform to such new grades as may be established, or place said property in such location or position as shall cause the least interference with any such improvement or work thereon as contemplated by the town, and the said town shall in no wise be held liable for any damages to said owner that may occur by reason of the town’s improvements, repairs or maintenance. Town accepts no duty to inform owner of unfranchised facilities of town work or maintenance in the right-of-way. (Ord. 287 § 5, 1993)