HomeMy WebLinkAbout2005-10-03-Ordinance 2535_Sidewalk InstallationORDINANCE NO.2535
AN ORDINANCE TO AMEND SECTIONS 2l8.l(D)AND 218.4 (C)OF THE
WAUKEE MUNICIPAL CODE TO ALLOW FOR THE INSTALLATION OF SIDEWALKS
BY THE CITY.THE COST OF WHICH WILL BE SECURED THROUGH VOLUNTARY
AGREEMENT AND LIEN BY PROPERTY OWNERS ON WHICH THE SIDEWALK IS
INSTALLED AS AN ALTERNATIVE TO THE ASSESSMENT PROCESS.
WHEREAS,the Council of the City of Waukee passed the Sidewalk Improvement Program
which requires property owners to repair existing or install new sidewalks on new property after 120
days of receipt of written notice from the City of Waukee;and
WHEREAS,the Council of the City of Waukee,by Resolution,directed certain property
owners to repair or install sidewalks in accordance with said Ordinance;and
WHEREAS,the City Council,under said ordinance the City is currently required to
undertake the work and assess the costs,including but not limited to engineering and legal to any
property owner who fails to undertake the work required;and
WHEREAS,some property owners are concerned about the increased costs required by
Chapter 384,Code of Iowa (2005)incurred as a result of the special assessment process which
requires that in addition to the property owners bearing the cost of installation,that such property
owners are responsible for attorneys fees and engineering costs associated with the project and
assessment procedure;and
WHEREAS,the ultimate goal sought to be achieved by virtue of the sidewalk installation
and repair Ordinance was to cause the timely repair and installation of sidewalks within the city
limits of the City of Waukee.The City of Waukee desires to achieve that goal while addressing the
concems of its citizens regarding the increased costs associated with the imposition of the
assessments under Chapter 384,Code ofIowa (2005).
BE IT ORDAINED by the Council of the City of Waukee:
Section 1:Chapters 2l8.l(d)and 2l8.4(c),Waukee Municipal Code,Installation of
Sidewalks,is hereby amended as follows:
218.1(D).Civil Action Required.If the property owner does not have the work done,or
availed themselves of the opportunities afforded by programs afforded by the City to install the
sidewalks which do not require assessments,within a period of 120 days,the City shall do the
work or contract for the work,and then assess the costs against the property owner.
218.4(C).Civil Action Required.Ifthe property owner does not have the work
Completed,or availed themselves of the opportunities afforded by programs afforded by the City
to install the sidewalks which don't require assessments,within a period of 120 days,the City
shall begin the process for levying a standard Chapter 384 special assessment including the
hiring of an engineer,approval of preliminary plans and specifications,plat and schedule,
1
publication of hearing on resolution of necessity and notification of affected property owner,
public hearing and approval of a resolution of necessity.A certified copy of the resolution of
necessity,plat and schedule is to be presented to the County Treasurer after approvaL If a
contractor is to be hired to complete the work that occurs after the resolution of necessity is
approved.
j
Section 2.Purpose.The purpose of the amendment is to acknowledge and clarify the
exemption from the pursuit of Civil Action by the City under the Sidewalk Improvement Program
against property owners who have availed themselves of the programs adopted by the City relative
to the installation or repair of sidewalks required,which don't require assessments.
Section 3.Repealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 4.Severability Clause.If any section,provision or part of tins ordinance shall be
adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance
as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional.
Section 5.Effective Date.This ordinance shall be in effect upon its final passage,approval
and publication as provided by law.
Passed by the City Council of tile City of Waukee,Iowa,this 3rd day of October 2005,and
approved this 3rd day of October 2005.
Al"1Q&JiDwL
Mark J.Arentsen,dministrator/Clerk
2