ORD1969147ORD NANCE #I47
( a:; amended 1
E AN ORD I NANCE TO REPEAL AND RECREATE
SECTION 8.04 OF THE MUNICIPAL CODE
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION I. Sect
SECTION 2. Sect
created to read as follows
ion 8.04 is hereby repealed.
io11 8.04 of the Municipal Code is hereby
STREE'T EXCAVATIONS
(I) Permits Requi-ed for Excavations. No person shall
make, or cause to be made any excavation in or under any street,
alley or sidewalk in the City without first obtaining from the City
Engineer a written permit so to do as hereinafter provided.
(2) Application f2r Permit. Such permit shall be issued
only upon a written application signed by the applicant accompanied
by a permit fee of $5.00, anmj shall describe the place where such
excavation is proposed to be made with such certainty that the same
may at all times be readily located and shall specify the purpose
for which said excavation is to be made, and when it is proposed to
begin making the same. In c3se such excavation is to be made by the
City, or any department themof, then such application shall be
signed by the Superintendent of the Department under whose directions
the work is to be done.
(3) Bond. Before a permit is granted, a bond shall be
filed by applicant for such 3ermit with the City Clerk in the amount
of $I,OOO.OO, which bond shall be executed by a licensed surety com-
pany as surety as a guarante.2 that applicant for such permit will
comply with all City ordinanzes relating to such permit and will
maintain and restore the stvet, alley, sidewalk, or public grounds
as required by the Municipal Code and will maintain the same for a
period of one year. In the ?vent the City Engineer determines that
the nature and extent of the excavation or opening requires a bond
in excess of $I,OOO.OO to gu3rantee restoration of the excavated
in an amount so determined by the City Engineer. Contractors who
average four permits in a on- month period shall, in lieu of the
$I,OOO.OO bond herein provid.?d, file a $5,000.00 bond conditioned as
above which shall cover a twslve month period.
area as required by the Munizipal Code, the bond shal I be establ ished
(4) Insurance. Prior to commencement of excavation work
the permitee shall furnish tle City Clerk satisfactory written
evidence that he has in forcs and will maintain during the life of
the permit and the period of excavation, public liability insurance
$50,000.00.
for one accident, and property damage insurance of not less than
a of not less than $50,000.00 for injury to one person, $lO0,000.00
(5) Record of Pernits. A record of all permits issued
under the provisions of this section by the City Engineer shall be
kept in his office. The rec>rd shall state the name of each appli-
cant and the facts as to the location, purpose of excavation, and
time when the work is to begin and when work is to be completed.
The record sha I I be open to >ub I i c inspect ion.
Page -2-
(6) Protection of Public. Every person shall enclose
with sufficient barriers each opening which he may make in the @ streets or pub1 ic ways of the City. AI I machinery and equipment
shall be locked or otherwise effectively safeguarded from unauthorized
use when not being used by the permitee, his agents or employes.
Amber lights or to-ch lamps shall be kept burning from
a
sunset to sunrise, one amber or torch lamp to be placed at each
end of the opening in the st-eet or way and other lights sufficient
in number and properly space,j to give adequate warning.
Except by special 2ermission from the City Engineer, no
trench shall be excavated more than 250 feet in advance of pipe laying
nor left unfilled more than 500 feet where pipe has been laid. All
necessary precautions shall 3e taken to guard the public effectively
from accidents or damage to ?ersons or property through the period
of the work. Each person making such opening shall be held liable
for all damages, including c3sts incurred by the City in defending
any action brought against it for damages, as well as cost of any
appeal, that may result from the neglect by such person or his
employes of any necessary przcaution against injury or damage to e persons, vehicles or property of any kind.
(7) One-Year Maintenance. The person to whom such permit
is issued shall be responsible for all defects in restorations
occuring within one year from the completion of the work and shall
be liable for all damages resulting from said defects. The cost
of maintenance and repair during the one year period shall be at
the expense of the permittee. The permittee shall promptly repair
all defects in restorations. If the permittee does not make sat-
isfactory restoration after being notified by the City, the City
shall repair all defective restorations and bill the permittee.
(8) Replacing Street Surface. In opening any street or
sidewalk, the paving materials, sand, gravel and earth or other
material moved or penetrated and all surface monuments or shrubs
must be removed and replaced as nearly as possible in their original
condition or position and the same relation to the remainder as
before. Any excavated material shall be replaced with approved
back fill material. All rubbish shall be immediately removed,
leaving the street or sidewa I k in perfect repair.
Upon issuance of s permit to excavate, there shall be
deposited with the City Treesurer the estimated cost of replacing
the surface in its original condition as determined by the City
Engineer, but not less than $15.00 for surface treated macadam
pavement, and not less than $25.00 for other pavements. Notice
must be given the City Engireer twelve hours in advance of the
time 0f:replacing of the pavement and pavements shall not be re-
placed without an inspector on the job or the written consent of
the City Engineer. Upon completion of the work and acceptance by
the City Engineer, the City's cost of such work shall be determined
by the Public Works Committee and said cost deducted from the
deposit and the excess returned to the person making the deposit.
If so determined by the City Engineer, the surface shall be
replaced by the City emp1oye.s or directly under City supervision;
the cost thereof shall be dcducted from the deposit and the excess
returned to the person makirg the deposit. After the acceptance
Of work by the Board of Pub1 ic Works, the City shall be responsible e
Page -3-
for the maintenance and the replacing of the pavement. The pro- @ visions of this section shal not apply to City pub1 ic uti I ities
or City.
0 (9) Excavations in Permanently Improved Streets. When-
ever the City determines to provide for the permanent improvement
or repaving of any street, slJch determination shall be made not less
than l,D days before the worn-k of improvement or repaving shall begin.
Immediately after such determination by the Council, the City Clerk
shall notify in writing each person, utility, city department or
other agency owning or contrsJlling any sewer, water main, conduit
or other utility in or under said street, that all such excavation
work in such street must be :ompleted within Ld days. After such
improvement or repaving, no 2ermit shall be issued to open, cut or
excavate said street for a pzriod of five years from the date of
improvement or repaving unless an emergency exists which makes it
absolutely essential that ths permit be issued,.
-
(IO) Emergencyavation Authorized. In the event of an
emergency any person owning or control ling any sewer, water main,
conduit or utility in or under any street and his agents or employes
may take immediate emergency measures to remedy dangerous conditions
for the protection of property, life, health or safety without
obtaining an excavation permit. Such permit shall be obtained not
later than the end of the next succeding business day and no per-
manent repairs shall be made without first obtaining an excavation
permit hereunder.
(11) City Work Excluded. The provisions of this section
shall not apply to excavaticn work under the direction of the City
Engineer by City employes or contractors performing work under
contract with the City necessitating openings or excavations in
City streets.
(12) Excavations ty Public Utilities. In lieu of the
bond required in section (3), the certificate of insurance required
in section (4) and the depo:.it required in section (E), but prior
to the issuance of any permit required hereby, public utilities
shall file with the City an indemnity agreement conditioned upon
and saving harmless the Citb, of Muskego from any and all liability
and claims for damages arising out of or resulting from work and
labor performed by them for which permits are required hereby.
If restoration of the public: way is required, no further permits
shall be issued to the uti1 ty involved until restorat'm has been
completed and approved by the City Engineer or the cost of same
has been paid by the uti I ity.
compliance with the terms of: this ordinance and indemnifying
SECTION 3. All ordinances or parts of ordinances incon- a hereby repealed.
sistent with or contravenino the provisions of this ordinance are
SECTI'ON 4. This ordinance shal I be in force and take
effect upon passage and publication.
Dated this " - /f day of ;-.e G-s. , , 1969.
ATTEST: Mayor
City Clerk Y
PUBLISHED:
\ ORD INANCE # 147
REPEAL AND RECREATE
CIF THE MUNICiPAL CODE
OF THE CITY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION I. ct ion 8.04 is he,reby repealed.
8.04 of the Municipal Code is hereby
EXCAVATIONS
P
(1) Permits Requircb for Excavations. No person shal I make,
or cause to be made any excavstion in or under any street, alley or
sidewalk in the City without from the City Engineer
a written permit so to do as provided.
(2) Appl ication for permit shal I be issued
only upon a written application sibned by the applicant accompanied
by a permit fee of $5.00, anll shal I\describe the place where such
excavation is proposed to be made with such certainty that the same
may at al I times be readily located ah.d shal I specify the purpose for
which said excavation is to be made, and when it is proposed to begin
making the same. In case sut:h excavation is to be made by the City,
or any department thereof, then such ap$[ication shall be signed by
the Superintendent of the Del3artment unde'c;. whose directions the work
is to be done. \
\
uti I
file
perm
that
(3) Bond. Before 3 permit is granted, a bond shall be filed r
by applicant foruch permit with the City C'l.erk in the amount of One
Thousand ($l,OOO.OO) Dollars, which bond shalI,be executed by a
licensed surety company as surety as a guarantqe that applicant for
such permit will comply with all City ordinances relating to such per-
mit and will maintain and restore the street, alley, sidewalk or public
grounds as required by the Municipal Code and wit,.! maintain the same
for a period of one (I) year. In the event the Ci,;y Engineer determines
that the nature and extent of the excavation or opeTing requires a bond
in excess of One Thousand ($l,OOO.OO) Dollars to quayantee restoration
of the excavated area as required by the Municipal CoQe, the bond shall
be established in an amount so determined by the City'Engineer. Public
ities and contractors who average four (4) permits a month shall
\
\
a bond as per Sectm 12. \
(4) Insurance. Prior to commencement of excavation work the \
ittee shal I furnish the City Clerk satisfactory writtJy evidence
he has in force and will maintain during the life of the permit
and the period of excavation, public liability insurance of'not less
than $50,000.00 for injury to one person, $lOO,OOO.OO for one accident,
and property damage insurance of not less than $50,000.00.
(5) Record of Permits. A record of al I permits issue'd under
the provisions of this secticn by the City Engineer shall be kept' in his
office. The record shall state the name of each applicant and th'e facts
as to the location, purpose of excavation, and time when the work 'is
to beg in and when work is tc be compl eted. The record shal I be open
to public inspection.
f (6) Protection of Pub1 ic. Every person shal I enc ose with
pub1 ic ways ohe City
sufficient ba iers each opelling which he may make in the streets or . All machinery and equipment shall be locked
or otherwise eff&t ivel y saft2guarded from unauthorized use when not
being used by the p rmittee, his agents or employes. \ Red lights 0's torcll lamps shall be kept burning from sunset
to sunrise, one red ligh; or torch lamp to be placed at each end of
the opening in the street,or way and other lights sufficient in number
and properly spaced to gi\;,e, 3dequate warning.
Except by special 5ermission from the City Engineer, no
\
trench shall be excavated more.,than 250 feet in advance of pipe laying
nor left unfilled more than 5001feet where pipe has been laid. All neces
sary precautions shall be taken to guard the public effectively from
accidents or damage to persons or'property through the period of the
work. Each person making such open'ing shall be held liable for all
damages, including costs incurred by,the City in defending any action 0 brought against it for damagss, as we'l I as cost of any appeal, that may
result from the neglect by such person .or his employes of any necessary
precaution against injury or damage to persons, vehicles or property of
any kind. \
(7) One-Year Maintenance. The person to whom such permit is
issued shall be responsible for all defects in restorations occurring
within one year from the completion of the work and shall be liable for
all damages resulting from said defects. The City shall maintain and
repair all defective restorations during the said one year period, of
which it acquires notice, and all permittees shall promptly notify the
City of any defects occurring in said restoration. The cost of main-
tenance and repair during the one year period shall be at the expense
of the permittee.
(81 Replacing Street Surface. In opening a'ny street or side-
walk, the paving materials, sand, gravel and earth or 'other material
moved or penetrated and all surface monuments .or hubs must be removed
and replaced as nearly as possible in their original condition or position
and the same re1 at ion to the rema i nder as before. Any e?c,avated material
shall be replaced with approved back fill material. All rbbbish shall
be immediately removed, leaving the street or sidewalk in pe,riiect repair.
Upon issuance of a permit to excavate, there shall be deposited
\
with the City Treasurer the estimated cost of replacing the surface in
its original condition as determined by the City Engineer, but npt less
than $15,00 for surface treated macadam pa'ment, and not less tha,n
$25.00 for other pavements. Notice must be given the City Engineer
twelve (12) hours in advance of the time of replacing of the pavement a and pavements sha I I be rep1 aced without an inspector on the job or :the
written consent of the City Engineer. Upon completion of the work and
acceptance by the City Engineer, the City's cost of such work shall be
determined by the Public Works Committee and said cost deducted from
the deposit and the excess returned to the person making the deposit.
If so determined by the City Engineer, the surface shall be replaced by
the City employes or directly under City supervision; the cost thereof
shall be deducted from the ceposit and the excess returned to the person
making the deposit. After the acceptance of work by the Board of Public
Works, the .Cty shal I be responsible for the maintenance and the replacing
of the pavement. The provizions of this section shall not apply to public
utilities.
.
d. Whenever the City
determines provide for the permanent improvement or repaving of any
less than 30 days before the
Immediately after such
shall notify in writing
r agency owning or
other utility in or under
ent or repaving,
said street, that such excavation work in such street must be
no perm it shal I be ued to open, cut or excavate said street for a
or repaving unless in the
ts which makes it absolutely
be issued.
In the event of an
s or employes may take
without obtaining an
emergency any sewer, water main, conduit
immediate emergency measures remedy dangerous conditions for the
ned not later than the end
and no permanent repairs shall be
made without first obtaining an avation permit hereunder.
(11) City Work Excluded. provisions of this section shall
on of the City Engineer
k under contract with the
City streets.
(12) Excavation by Public Uti1 es and regular contractors. In lieu of filing the bond provided for inlsection 3, public utilities
and regu I ar contractors sha'l I f i I e with Clekk' a bond in the
amount of $5,000.00, conditioned as per
PASSED AND ADOPTED TH IS DAY OF 1969.
\
ATTEST:
City Clerk
\ Mayor