33-726-Ordinance No. 203-7 Amendment Recorded 11/19/1979F VOL 33 ma 726
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Deschutes )
County Road Utility Permit ) AMENDMENT TO ORDINANCE 203-7
Ordinance No. 203-7 )
WHEREAS, the Board finds that the security requirements currently im-
posed by Ordinance 203-7 are insufficient to insure prompt repair of County and
public roads after the installation of utilities under them, that persons often
fail to repair road cuts within a reasonable time because of the vagueness of
the current ordinance, and thatthis creates a hazard to the traveling public;
NOW, THEREFORE, the Board of County Commissioners of Deschutes County
ordains as follows (words deleted are in brackets, words added are underlined):
Section 2.400 is amended as follows
2) In lieu of posting a cash deposit, the permittee or his con-
tractor may file an "assignment agreement" form assigning his
savings account with a (recognized) federally licensed savings
institution in an amount equal to the required cash deposit, with
the County[.] Roadmaster. Alternatively, in lieu of posting
a cash deposit, the permittee May deposit with the County
Roadmaster a certified check payable to Deschutes County Road Fund
drawn on a federally insured bank in an amount equal to the
required cash deposit.
3) The amount of the deposit shall be that necessary to restore
the affected area of the roadway to a safe and serviceable con-
dition at least as good as it was in before it was cut. Unless
the Roadmaster_ requires a greater sum, based on unusual conditions,
the amount of deposit required for a cut across a paved road
shall be $300.00. For a cut across an unpaved road or alongside
any roadway, the deposit shall be $2.00 per lineal foot of cut.
These amounts may be changed to reflect fluctuations in con-
struction costs by order of the Board of County Commissioners.
4) The bond, deposit, or surety agreement shall guarantee that the
roadway surface shall be repaired within twenty-four hours after
completion of backfilling the last portion of the roadway cut.
It shall further provide that in the event the repairs are not
completed within the time limit set forth herein, the County Road-
master may repair the road to his reasonable satisfaction in
accordance with the standards of this ordinance and the Standard
Specifications for Design and Construction of the Deschutes County
Road Department with County forces, or at his option, by letting a
public contract, and recover the costs of such repair from the surety
or deposit without notice or demand on the permittee.
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VOL J FACE 727
Section 3.550 is amended as follows:
PATCH REPAIR: All roadbed surfAces disturbed by utility installations,
adjustments, or repairs covered by permit, will be repaired or replaced
within [one week] twenty-four hours after completion of backf illing of
the final phase of the roadway cut, except if specifically allowed
for by special provisions listed in the permit.
Emergency Clause: The foregoing amendments to County Road Utility Permit
Ordinance 203-7 are immediately necessary for the preservation of the
public peace, health, safety, and general welfare for the reasons stated
in the legislative findings above. Accordingly, an emergency is declared
and these amendments shall take effect upon adoption.
ADOPTED this Z9 day of November, 1979.
67 '
Y
R BERT C. PA SON, JR., Commissione
~-_A _
ATTES
ROSAMAR,t ou PATTERSOI
County"
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BOARD OF COUNTY COMMISSIONERS