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