ORD1992748CITY OF MUSKEGO COMMON COUNCIL
ORDINANCE #748
AN ORDINANCE TO AMEND CHAPTER 8, SECTION 8.04,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
Street Excavations
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
of the City of Muskego, Wisconsin, is hereby amended by repealing
and recreating subsections 8, 9, 10, 11 and 12 to read as follows:
(8) REPLACING STREET SURFACE. In opening any street or
sidewalk, the paving materials, sand, gravel, and earth or other
materials 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 backfill material. All rubbish shall be
immediately removed, leaving the street or sidewalk in perfect
repair. Upon issuance of a permit to excavate, there shall be
paid to the City Treasurer a fee for a normal road cut 36 inches
wide, one-half of the width of the road, and a fee for a normal
road cut 36 inches wide and the full width of the road. These
the Common Council. Openings greater than 36 inches wide or any
fees as from time to time will be established by resolution of
Works Superintendent's discretion. The asphalt must be saw cut
unforeseen damages will be billed to the Contractor at the Public
monuments or shrubs must be removed and replaced nearly as
before removal. In opening any street or sidewalk, all surface
possible in their original condition or position and all rubbish
shall be immediately removed, leaving the street or sidewalk in
acceptable repair. The trench must be backfilled with a 50/50
slurry backfill to within five (5) inches of the surface of the
pavement and extending five (5) feet beyond the pavement into the
with 3/4" traffic bond firmly compacted to meet the grade of the
shoulder area. The remaining five (5) inches shall be topped off
existing asphalt road surface. The Department of Public Works
will replace the asphalt road surface. Notice must be given to
the Public Works Superintendent twelve (12) hours in advance of
Public Works Department must be on site during slurry placement.
the time of placing the slurry backfill and an inspector from the
Utilities or City.
The provisions of this section shall not apply to City Public
(9) EXCAVATION IN PERMANENTLY IMPROVED STREETS. Whenever the
City determines to provide for the permanent improvements or
repaving of any street, such determination shall be made not less
than 60 days before the work of improvement or repaving shall
begin. Immediately after such determination by the Public Works
person owning property adjacent to the above-mentioned streets,
Superintendent, the City Clerk shall notify, in writing, each
all utilities, City Departments or other agencies owing or
controlling any sewer, water main, conduit or other utility in or
SECTION 1: Chapter 8, Section 8.04 of the Municipal Code
Ordinance #748 Page 2
must be completed within 60 days. After such improvement or
under said street, that all such excavation work in such street
repaving, a road opening permit must be obtained in compliance
with Section 8.04(8). In addition to the permit fee, the
following fees will be charged as reimbursement for the cost of
will necessitate long term and continued maintenance by the
regulating such road openings, recognizing that such openings
City: $3,000.00 during the first year after improvement,
during the third year after improvement, $1,500.00 during the
$2,500.00 during the second year after improvement, $2,000.00
fourth year after improvement, and $1,000.00 during the fifth
year after improvement. Beginning the sixth year after
improvement, the normal road cut ordinance will again be in
effect .
(10) EMERGENCY EXCAVATION AUTHORIZED. In the event Of any
emergency, any person owning or controlling any sewer, watermain,
conduit or utility in or under any street and his or her agents
dangerous conditions for the protection of property, life, health
or employees, may take immediate emergency measures to remedy
permit shall be obtained no later than the end of the next
or safety without first obtaining an excavation permit. Such
succeeding business day and no permanent repairs shall be made
without first obtaining an excavation permit hereunder.
(11) CITY WORK EXCLUDED. The provisions of this section shall 0 not apply to excavation work under the direction of the
Superintendent of Public Works by City employees or contractors
performing work under contract with the City necessitating
openings or excavations in City streets.
(12) EXCAVATIONS BY PUBLIC UTILITIES. In lieu of the bond
required in Sub. (3), the certificate of insurance required in
Sub. (4) and the deposit required in Sub. (E), but prior to the
issuance of any permit required hereby, public utilities shall
compliance with the terms of this section and indemnifying and
file with the City an indemnity agreement conditioned upon
saving harmless the City 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
been completed and approved by the Superintendent of Public Works
shall be issued to the utility involved until restoration has
or the cost of same has been paid by the utility.
SECTION 2: The several sections of this ordinance are
declared to be severable. If any section or portion thereof
shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such
decision shall apply only to the specific section or portion
thereof directly specified in the decision, and not affect the
the ordinance which shall remain in full force and effect. Any
other ordinance whose terms are in conflict with the provisions
e validity of all other provisions, sections, or portion thereof of
Ordinance #748 . Page 3
7
conflict.
of this ordinance are hereby repealed as to those terms that
SECTION 3: This ordinance shall be in full force and
effect from and after its passage and publication.
PASSED AND APPROVED THIS 14TH DAY OF APRIL , 1992.
CITY OF MUSKEGO
W-d&Z
Waylfe G. Salentine, Mayor
I ATTEST: e- C' y Clerk Published on the 23rd day
of April, 1992.
STATE OF WISCONSIN )
Milwaukee Co lly )
) 5s.
P
Off i tice
CITY OF MUSKEGO
12345
..... APRIL. 33.. .19.93 .
tion work under the dlrection ofthe Superin-
tendent ofPublic Works by City employees or
contractors performim workrmder contract with the City necessitating openings or exca-
vations in City streets.
(12) EXCAVATIONS BY PUBLIC UTILI-
TIES. In lieu of the bond required in Sub. (3),
the certificate of insurance required in Sub.
(4) and the deposit required in Sub. (a), but
prior to the issuance of any permit required
hereby, public utilities shall file with the City
compliance with the terms of this section and
an indemnity agreement conditioned upon
from any and all liability and claims for dam-
indemnifying and saving harmless the City
agesarisingoutoforresultingfromworkand
labor performed by them for which permils
are required hereby. If restoration of the
public way is required, no further permits
shall be issued to the utility involved until re-
itoration has been completed and approved
cost of same has been paid by the utility.
by the Superintendent of Public Works or the
SECTION 2: The several sections of this
ordinance me declared to be severable. If any
section or portion thereof shall be declared by
idecisionofacourtofcompetentjurisdiction
to be invalid, unlawful. or unenforceable.
such decision shall apply only to the specific
section or portion thereof directly specified in
the decision, and not affect the validity of all
other provisions, sections. or portion thereof
pf the ordinance which shall remain in full
force and effect. Any other ordinance whose
terms are in conflict with the provisions of
thisordinanceareherebyrepealedastothose
terms that conflict. SECTION 3: This ordinance shall be in full
foreeandeffectfrumandafteritspassageand
a ubhcatlon. f ,SED AND APPROVED THIS 14th
DAY OF APRIL. 1992. I CITY OF MUSKEG0
IwWavne G. Salentine i,
A'ITEST
/$Jean K. Marenda
City Clerk
Published on the 23rd day of April, 1992.
!. Mayor