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HomeMy WebLinkAbout1998-01-05-Ordinance 2234A_Streets, Level B RoadsORDINANCE NO.2234A AN ORDINANCE ESTABLISHING A CLASS OF ROADS IN THE CITY OF WAUKEE CLASSIFIED AS "LEVEL B ROADS";AND SETTING OUT CRITERIA FOR SERVICE OF SUCH ROADS. Be it enacted by the Council of the City of Waukee,Iowa: Section 1.Purpose.The purpose of this Code is to classify certain roads within the City of Waukee,and to provide for a reduced level of maintenance. Section 2.Definitions.For use in this ordinance,certain terms or words used herein shall be interpreted or defined as follows: A Level B Roads.Those roads which shall not require standards of maintenance equal to (arterial,etc).Level B Roads shall not be what is construed in the normal sense as a driveway or a private lane to a farm building or dwelling. B.CounciL The City Council of the City of Waukee. C.Engineer.An engineer retained or employed by the City of Waukee. Section 3.Powers of the Council.All jurisdiction and control over level B roads as provided by this ordinance shall rest with the Waukee City CounciL Section 4.Authority to Establish.Waukee City Council is empowered to classify certain roads to be designated within its boundaries for a reduced level of maintenance. Section 5.Hearing.The Council shall fix a time and place for a hearing on any proposal to establish a level B road,and shall cause notice to be published as provided by law.The notice shall set forth the termination of the level B road as set out in the resolution of the Council,and shall state that all persons interested may appear and be heard at such hearing. Section 6.Establishment of Level B Road by Resolution.On the day fixed for the hearing or any day to which the hearing has been adjourned,upon proof of due publication of notice of hearing,the Council shall consider any and all relevant evidence;and if the Council finds that the proposed level B road is practicable,is consistent with the City's Street Maintenance Plan,it may establish such road by resolution. Section 7.Maintenance Policy.Only the minimum effort,expense,and attention will be provided to keep level B roads open to traffic.Bridges may be maintained to carry legal loads, but will be posted as appropriate to advise of any load limitations.For the various maintenance activities,the minimum maintenance on level B roads will be as follows: A Blading.Blading or dragging will not be performed on a regular basis. B.Snow and Ice Removal.Snow and ice will not be removed nor will the road surface be sanded or salted. C.Signing.Except for load limit posting for bridges,signing shall not be continued or provided.However,level B roads shall be identified with a sign at all points of access to warn the public of the lower level of maintenance. D.Weeds Brush and Trees.Mowing or spraying weeds,cntting brush,and tree removal will not be performed.Adequate sight distances will not be maintained. E.Structures.Bridges and culverts may not be maintained to carry legal loads.Upon failure or loss,the replacement structure will be designed for the traffic thereon. F.Road Surfacing.There will be no surfacing materials applied to level Broads. G.Shoulders.Shoulders will not be maintained. H.Crown.A crown will not be maintained. 1.Repairs.There will be no road repair on a regular basis. 1.Uniform Width.Uniform width for the traveled portion of the road will not be maintained. K.Inspections.Regular inspections will not be conducted.J Section 8.Other Maintenance.Nothing in Section 7 shall be construed to limit such other maintenance that the Council may deem appropriate from time to time with respect to a level B road.Performing such maintenance shall not be construed as a modification of the maintenance standards set forth in Section 7. Section 9.Exemption from Liability.By establishing a level B road,the Council does not waive any exemption from liability provided by the CODE OF IOWA,nor does it assume any responsibility for injury or damage to any person or damage to any vehicle or equipment which occurs proximately as a result of the maintenance ofa road which is classified as level B,if the road has been maintained as provided in Section 7 of this ordinance. Section 10.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 11.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,provision,or part therof not adjudged invalid or unconstitutional. Section 12.Effective Date.This ordinance shall be in effect upon its final passage,I approval and publication as provided by law. Passed by the Council this 5th day of January,1998,and approved this 5th day of January, 1998. A.Rueckel,City Clerk