HomeMy WebLinkAbout1984-05-08-Ordinance 2038_City Property Excavation ProhibitionORDINANCE No.2038
AN ORDINANCE
EXCEPT UPON
EXCAVATION.
PROHIBITING EXCAVATIONS UPON CITY PROPERTY
PERMIT ISSUED BY THE CITY FOR SUCH
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.THERE SHALL BE ADDED TO THE WAUKEE
MUNICIPAL CODE,CHAPTER 216 AS FOLLOWS:
Section 2.Permit Required for Excavation.It
shall be unlawful for any person or persons,corporation
or corporations,partnerships or associations other enti-
ties to excavate in,or remove or disturb any city side-
walk,curb or service in any city street,alley,sidewalk,
public park,or other property of the city including pub-
1 ic areas which have no such sidewalks,curbs or other
hard surface,and city easements,unless such person or
persons,corporation or corporations,partnership or asso-
ciation or other business entity shall first have obtained
a permit from the city authorizing such excavation.
Section 3.Compliance with other Chapters.In
no event shall any excavation be made for sanitary sewer
installation,repair or maintenance except in compliance
with Chapter 204,Waukee Municipal Code 1 nor shall any
excavation be made for municipal water system connections,
installation,repair or maintenance except in compliance
with Chapter 211,Waukee Municipal Code.
Section 4.Application for Permit.Anyone de-
siring to make application for a permit under the provi-
sions of this ordinance shall submit a written application
to the city clerk on a form provided by the city clerk and
shall include written proof that all public utilities
having cables,pipes and lines within the city,including
city municipal utilities,have been adequately informed of
any proposed excavation.
Section 5.Surety Bond.No permit shall be
issued for any excavation as provided herein until there
has been filed wi th the Clerk of the ci ty a bond wi th
sureties acceptable to the city in the sum of $1,000.00
conditioned upon the full observance of city ordinances
applicable to such excavation and that said applicant will
indemnify the city for all losses and damages sustained by
reason of any negligence on the part of the permittee,his
agents or employees while engaged in excavating or any
costs sustained in enforcing the terms of the bond.
Section 6.Restoration of Excavated Area.When-
ever such excavation or removal is completed,such person
shall forthwith restore any street,alley,sidewalk,curb,
public park,or public place to the same condition in
which it was prior to the excavation.
Section 7.Protection of Excavated Area.No
person shall excavate or leave any such excavation without
properly barracading the same and maintaining at night
warning 1 ights thereon,upon any pile of earth,plant,
stone,or building materials placed nearby.Such person
shall also indemnify the city for any and all liability
for damages arising out of such excavation removal.
Section 8.Penalty.
provisions of this Chapter
in jailor $100.00 fine or
ment.
Violation of any of the
shall be punishable by 30 days
by both such fine and imprison-
Section 9.Severability.If any section,provi-
sion,or part of this ordinance shall be adjudged to be
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 10.Effective
shall be in effect after its
publication as required by
date.This
final passage,
law.
ordinance
approval,and
Passed by the Council the 8th day of May,1984,and
approved this 8th day of May,1984.
J.Redshaw,Clerk