2507ORDINANCE NO. 2507
AN ORDINANCE AMENDING CHAPTER 12.16 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "STREET AND UTILITY CONSTRUCTION PERMITS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 12.16 of the Moses Lake Municipal Code entitled "Street and Utility Construction
Permits" is amended as follows:
12.16.020 Permit - Terms and Conditions: The Municipal Services Director is authorized to review Street and
Utility Construction Permit Applications and to approve Street and Utility Construction Permits.
A. The applicant for a Street and Utility Construction Permit shall provide the Engineer with
information about the proposal to construct, obstruct, or disturb municipal improvements. The
information shall provide a description of the proposed work or acts to be done under such
permits and shall show the location and plan of the work along with all traffic control and other
pertinent information that the Engineer requests about the project. The Engineer may require
civil engineering plans to be provided by a professional engineer.
B. The Engineer may issue a Street and Utility Construction Permit upon approval of the
application and upon verification of the following three (3) items when required.
1.Washington State Contractor registration.
2.Street and Utility Construction Bond.
3.City of Moses Lake Business License.
For exceptions to these three items, refer to sections 12.16.070 and 12.16.075 of the Moses
Lake Municipal Code.
C. The permit and application shall include the length of time allowed for the completion of the
work and a description of the work that is being approved by the permit. The permit and
application shall include information about the contractor registration, Street and Utility
Construction bond, and city business license. The applicant shall sign the permit after it has
been approved by the Engineer. By signing the permit, the applicant guarantees the following.
1.All existing and proposed municipal improvements that are affected by the permittee's
work shall be constructed or reconstructed in accordance with the Community Street and
Utility Standards or per the approved construction plans.
2.All work will be completed and accepted within the time allowed by the permit.
3.All disturbances will be reconstructed in accordance with the conditions stated on the
permit.
4.All expenses required to fulfill the conditions of the permit shall be the liability of the
permittee.
5.All work shall be subject to the direction of the Engineer until the permit requirements have
been completely fulfilled.
6.The Engineer will be allowed to inspect all phases of the work.
D. At the expiration of the time fixed by a Street and Utility Construction permit, or upon the
completion of the work allowed to be done under such permit, the Engineer shall have the right
to have all additional work performed as necessary to restore the construction area to a
condition compliant with the permit conditions. The permittee shall be liable for all expenses
required for completion of additional work. Moreover, the city shall have a cause of action for
Ronald C. Covey, Mayor ATTEST:
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Adopted by the City Council and signed by its Mayor o July-213720
APPROVED AS TO FORM:
Ronald R. Cone, Finance Director •
ames A. hitaker, City Attorney
ORDINANCE NO. 2507
PAGE 2 July 28, 2009
all of the city's expenses and costs paid out upon the additional work. The city's costs may be
collected in a civil action in any court of competent jurisdiction.
E.The permittee's signature on the permit guarantees that all work that is performed under the
permit shall meet all conditions of the permit for a period of two (2) years after the work has
been accepted. Nothing in this chapter precludes the permittee from being liable for all defects
in material or workmanship that are discovered beyond the two (2) year maintenance period.
F.If municipal improvements are installed where none were existing, the work shall not be
considered complete until the City Council accepts the improvements.
12.16.070 Bond: All permits require a Street and Utility Construction Bond in the amount of one hundred
fifty percent (150%) of the cost to replace existing improvements that may be disturbed as
allowed by the Street and Utility Construction Permit, but no bond shall be approved for less than
ten thousand dollars ($10,000). However, a bond is not required for permits that are issued to
a legal property owner for sidewalk repairs or replacements that abut the legal property owner's
property. The bond shall be on forms provided by the city and shall be reviewed and approved
by the City Attorney prior to issuance of the permit.
A. The bond shall contain the following declarations:
1.The bond guarantees that all persons who have provided or will provide labor and
materials for the project will be paid by the permittee.
2.The bond guarantees all municipal improvements shall be constructed or reconstructed
to original or better condition in accordance with the permit requirements.
3.The bond guarantees all work shall be completed within the time specified by the permit.
4.The bond guarantees all defects in workmanship or material that are discovered within
two (2) years after the work is accepted by the city shall be repaired or reconstructed to
the satisfaction of the Engineer.
B. The aforesaid bond initially shall be for a period of two (2) years and shall automatically
renew each year unless notice of non-renewal is provided to the city. The obligation of such
bond shall survive its cancellation or expiration for a period of two (2) years after acceptance
by the city of all work for which such bond is given.
C. Whenever the Engineer determines that the amount of a bond is insufficient for additional
permits, the Engineer may require a new or additional bond from the permittee. All new or
additional bonds shall be in accordance with the aforementioned requirements.
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