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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