HomeMy WebLinkAboutA001 - memo regarding amendment to Chapter 36 OFFICE MEMORANDUM
To Honorable Stuart N. Smith, Mayor and City Council DATE March 10 , 1972
Members
FROM James F. Bishop, City Attorney
SUBJECT Amendment to Chapter #36 of the Ames Municipal Code
At the council meeting on Tuesday , March 7th, a question
was raised with regard to the proposed amendment to Chapter #36
of the Code, distributed by Memo dated February 8 , 1972 .
The city has easements for utility lines throughout the
city which permit excavation for installations , connections and
repairs of utility lines . Therefore, it is within the city ' s
powers to dictate how the right of entry onto such easement shall
be exercised. Hence, by Sec. 36-1002 , the council required
utilities to resod in established lawns . The Director of Public
Works pointed out that there is another occasion for the resodding.
That is where a property owner, incident either to making a
connection or to making repairs , excavates into a neighbors '
property. Thus , whether the excavating is by a utility or by
a neighboring property owner, if the resodding is not accomplished,
the city gets the complaint. The proposed sections place the
responsibility and set the charge to be made against such res-
ponsible utility or neighboring property owner. It is intended
that the city step in only when the responsible party fails to
do the required repair work. The city accepts no responsibility
for resodding where a property owner excavates on his own property.
A revised version of the ordinance, dated this date, is
submitted for consideration.
JFB:sac
ENCLS.-1