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HomeMy WebLinkAbout~Master - Regulating Cutting of Pavements, Streets ' '` 4 . • } . ♦ ,4 11 (Temp, Ord, No. 58) ORDINANCE NO. 863 AN ORDINANCE P-fiESCRIBING RULES AND REGULATIONS FOR CUTTING OF PAVEMENTS, STREET SURFAC3S AND OTHER STREET APPURTENANCES ."IITHIN THE STREETS, AVENUES AND ALLEYS IN THE CITY OF AME'S, IOWA, AND THE ISSUANCE OF PERMITS THEREFOR, AND FOR THE ENFORCEMENT OF SUCH RULES AND REGULATIONS AND PRESCRIBING PENALTIES FOR A VIOLATION THEREOF : REPEALING ORDINANCE NO. 'S 555, 640, d24, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE!NITH. Be it Ordained by the City Council of the City of Ames, Iowa : Section 1, Definitions. The following definition of terms shall apply to all provisions of this ordinance. Section 1.1. Concrete Pavements . Concrete pavement shall include all concrete pavements and concrete base with any type of bitum- inous wearing surface . Section 1.2. Stabilized Base Pavements . Stabilized base pave- ment shall include pavement with base stabilized with gravel, stone, cinders and a cementing material other than Portland cement, and with or without a bituminous wearing surface. Section 1.3. Street Surfaces . Street surfaces shall include all other street surfaces of earth, unstabilized gravel or stoned cinders or similar material. Section 1.b,. Street Appurtenances . Street appurtenances shall inclucae all concrete curbs, curb and gutter and sidewalks within the street limits . Section 2• Permit Required. It shall be unlawful for any person, firm or corporation to cut into or remove any part of a concrete pavement, stabilized base pavement, street surface or street appurtenance without first having obtained a permit therefor as provided herein, under the general policy as set out in Section 9 of this ordinance. -2- Section 3. Application For Permit. Application for a permit to do work as specified in Section 2 hereof shall be made in writing to the City ;Manager on forms furnished by the City. Such forms shall specify the location and extent of the proposed work, the manner and method of doing the same and the time when such work is in progress . Section! . Bond Required. Before the issuance of a permit the applicant shall have on file with the City Clerk an approved corporate surety bond in the amount of five thousand dollars ($5,000.00) to indemnify the City against claims for accidents to persons or property arising; from or occasioned by the work. Additional indemnity bonds will not be required of master plumbers licensed by the City of Ames, corporations having utility franchises within the city, or contractors who have per- formance bonds on file with the City Clerk requiring construction work within street limits . Bond will not be required for the cutting of curbs and curbs and gutter for driveway entrances . Section 5, Permits Not Required. Permits as required herein will not be required of property owners for the construction, reconstruction or repair of sidewalks abutting their property. Section 6. Approval of Application. The City [Manager may, upon proper application, authorize the issuance of a permit under such restrictions and regulations as he deems necessary to insure the safety and convenience of the public. Section 7. Issuance of Permit. The City Clerk shall, upon approval of an application by the City Manager, the filing of the required bond, if any, and the deposit of an amount in cash sufficient to reimburse the City for all costs and expense for or -3- work done or to be done by the City in connection with such permit, issue such permit and retain a record thereof in his office. Section 8. Schedule of Charges . The charges to be made for re- .4mbursing the City for the cost of repair and maintenance of pavement and appurtenance cuts shall be based on the schedule of charges as hereinafter set forth. Such schedule of charges does not include the cost of making the initial cut. Section 8.1..Concrete Pavements. For cuts made into or through concrete pavements in place one (1) year or less, a charge shall be made of two dollars ($2.00) per square foot of surface cut, with a minimum charge of twenty-five Dollars ($$25.00) . For cuts into or through concrete pavements in place more than one (1) year, a charge shall be made of one dollar fifty cents (4,�1.50) per square foot of surface cut, with a minimum charge of seven dollars ($7.00) . Section 8.2. Stabilized Base Pavements . For cuts made into or through stabilized base pavements, a charge shall be made of fifty cents ($.50) per square foot of surface cut with a minimum charge of five dollars ($5.00) . Section 8. 3. Backfilling in Streets and Alleys . For cuts made within streets and alleys requiring Backfilling a charge shall be made at the following rates : 0 to 100 dubic feet . . . . . . . . 10� per cubic foot 100 to 1,000 cubic feet . . . . . . 4� per cubic foot Over 1,000 cu.)ic feet . . . . 2� per cubic foot Minimum charge . . . . . . U.00 Where one continuous ditch is dug in the street to serve pro- perties on each side of the street, the charge herein for each property so served shall be computed from the center of the stree . Section 8.4 . Street Appurtenances. For cuts made into or through street appurtenances a charge shall be made of two dollars ($2.00) per cubic foot with a minimum charge of eight dollars ($8.00) . Section 8.5. Replacing Gravel and S'one Surfaces. Exist- ing gravel and stone surfaces which require replacement due to service or other surface cuts will be replaced by the city. A charge of five (5) cents per square foot will be made for such work. Section 9. Right of City to do Work. As a matter of general policy, all work incident to the cutting of the street surfaces and appurtenances and excavations shall be performed by the contractor; the backfilling and resurfacing shall be done ty the City under the terms and conditions herein provided. The City Manager may reserve the right to perform all or such portions of the work of cutting; into or through or excavating along or under pavement surfaces, including the backfilling of trenches and pavement repairs, as he may deem necessary to fully protect the city from undue injury or excessive repair to such pavement surfaces. Section 10. Violation and Penalties. Any person, firm or corporation, whether acting directly or through employees or agents, that violates, disobeys, omits, neglects, refuses to comply with or resists any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment not exceeding thirty (30) days, or to a fine not exceeding one hundred dollars (�100.00) Section 11. Repeal. Ordinances nos. 555, 64o, 824, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 4th day of December, 1956. W. Prather, City Clerk J. P. Lawlor, Mayor Moved by Bolton and seconded by Smith that Ordinance No. 863 be passed on its first reading. Voting Aye: Armstrong, Judge, Smith, De Hart and Bolton Voting Nay: None Absent: Schilletter Moved by Bolton and seconded by Judge that the rules governing the passage of ordinances be suspended, the second and third readings be omitted, and Ordinance No. 863 be placed on its final passage. Voting Aye: Armstrong, Judge, Smith, De Hart and Bolton Voting Nay: None Absent: Schilletter Moved by Smith and seconded by Armstrong that Ordinance No. 863 do now pa s. Voting Aye:: Armstrong, Judge, Smith, De Hart and Bolton Voting Nay: None Absent: Schilletter Mayor Lawlor declared Ordinance No. 863 duly adopted. I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 86 3 was duly and properly pa seed at a meeting of the City Council on the 4th day of December, 1956 and publish Ed by codifying on the day of _� ; 1957. GI�J. W. Prather, City Clerk