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HomeMy WebLinkAbout2017-04-17-J05 Utility Permit Ordinance - INTRO, 1ST-3RD CONSIDERATION► 6 Waukee "r 17 THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 17, 2017 AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 225, Waukee Municipal Code, Regarding utility permits [introduction; first, second, third (final) readings] FORMAT: Ordinance SYNOPSIS INCLUDING PRO & CON: The Utility Permits are currently reviewed by one or both of the Assistant Directors of Public Works for Engineering and/or Operations. This Ordinance change allows them to sign the permits upon completion of the review process. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the ordinance. ATTACHMENTS: I. Proposed Ordinance PREPARED BY: Beth Richardson REVIEWED BY: John Gibson coely PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: ORDINANCE NO. 17- AN ORDINANCE TO AMEND CHAPTER 225, WAUKEE MUNICIPAL CODE, REGARDING UTILITY PERMITS. WHEREAS, the utility permit ordinance called for the signature of the City Administrator on the permit form contained in the ordinance which is believed to be an unnecessary redundancy given the staffing growth that has occurred over the years; AND WHEREAS, the ordinance should be updated to reflect the policy and procedure utilized for permit approval associated with the occupancy of City ROW by utilities serving the citizens of the City. BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1: Chapter 225, Waukee Municipal Code, Ordinance to Provide for Permit Application, Location Plan, Construction and Inspection of Installations of Telecommunications, Cable TV, Telephone, Electric, and Drainage Tile in the City of Waukee, Iowa, is hereby amended by changing Section 225.1 as follows: §225.1 Form of Permit: UTILITY PERMIT APPLICATION CITY OF WAUKEE Application No. Date This is a Utility Permit Application for all utility installations including telecommunications, cable TV, telephone, electric, drainage tile. The applicant agrees to comply with the attached UTILITY PERMIT REQUIREMENTS. Compliance shall be determined by the sole discretion of the City as deemed necessary to promote public health, safety and the general welfare. These requirements shall apply unless waived in writing by the City prior to installation. Applicant Street City, State & Zip Code: Telephone Number: Contact Location of Utility Work: Name of Company M. Assistant Public Works Director 225.2(F)(14) shall be added to clarify the general nature of permitted utility installations in the rights of way as follows: 14. Utilities shall include governmentally owned and operated utilities or infrastructure approved for installation in the City rights or way pursuant to an agreement between the City and any such governmental entity; any utility operating pursuant to a franchise agreement with the City; and any utility that provides utility service to the residents of the City for compensation. Any utilities occupying the City Right of Way shall comply with the requirements of this chapter, other requirements imposed by federal, state and local law, including, but not limited, to zoning laws governing the right of way, or adjacent property, as well as any agreements between the City and any such utility. Utility infrastructure installed in the rights of way shall not pose an unreasonable safety risk to motorists, pedestrians or the public as determined by the public works director, in the City's sole discretion. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the day of Attest: day of 2017. 2017, and approved this William F. Peard, Mayor 2 Rebecca D. Schuett, City Clerk