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No person shall interfere with or obstruct any person in carrying out in a lawful manner any lawful contract entered into with the city for paving, grading or constructing sidewalks or curbs or any other public improvements or public works.
(1992 Code, § 38-26) (Ord. 104-99, passed 10-14-1999) Penalty, see § 10.999
No person shall move, interfere with, break, destroy or carry away any barricades or signs used by the city or any contractor in guarding unsafe or dangerous places in the maintenance or repair of streets or in any lawful work being carried on by the city or any contractor.
(1992 Code, § 38-27) (Ord. 104-99, passed 10-14-1999) Penalty, see § 10.999
(a) Unless permitted by §§ 96.235 through 96.243, no person, other than the city, shall be granted any permit, license or contract or be permitted or authorized, except as otherwise provided in § 96.085, to grade, pave, surface, curb, excavate, make openings, break or cut any curb or pavement, install or work on sewer mains or sewer connections, install or work on water mains or water connections, erect or work on any telephone or telegraph lines or poles, overhead or underground electric transmission line or electric service, install or work on any gas mains, construct, reconstruct or repair sidewalks, store building materials, erect or maintain barricades in connection with construction work, or perform any contract for public improvement or do any public improvement, work in, upon, under or over any street, avenue, alley, public way, park or other public place within the city without first securing and filing with the city proof of the following:
(1) Workers’ compensation insurance providing the statutory limits required by state law;
(2) Commercial general liability insurance coverage issued by an insurance company authorized to do business in this state covering the work and activities proposed to be done in those public places. The insurance shall provide occurrence form contractual, personal, injury, bodily injury and property damage liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 aggregate products and completed operations. These limits may include excess liability (umbrella) coverage. The insurance policy shall name the city and its representatives as an additional insured. If occurrence form insurance is not available, claims made insurance may be provided. The policy shall be maintained for three years after completion of the work; and
(3) Automobile liability insurance covering all owned, non-owned, and hired automobiles, trucks, and trailers. The coverage shall be as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage.
(b) Prior to receiving a permit for the construction or installation of any work for others within the streets, any contractor must first execute a performance and payment bond in an amount equal to the total cost of work to be performed, signed by a surety company. In lieu thereof, the contractor may give bond to the city in the amount of $10,000 covering all work to be done during the year in which the bond is given. Any bond required by this section shall provide that the contractor shall faithfully perform the contract, pay all permit and other associated city fees, promptly pay all persons supplying him or her with labor or material in the prosecution of the work provided for under the permit, and replace any defective work within a period of three years from the time of completion of the project which in the opinion of the city was not installed in accordance with the required specifications.
(1992 Code, § 38-28) (Ord. 104-99, passed 10-14-1999; Ord. 49-03, passed 6-9-2003)
In lieu of any insurance policy required under § 96.030, government agencies and public utilities may provide a certificate of self-insurance. The certification shall provide assurances that reserves in support of the self-insurance program are adequate to provide coverage at the levels required of insurance policies in § 96.030. The form of the certificate shall be provided in the engineering design standards of the city. The certificate shall be filed in the office of the city engineer.
(1992 Code, § 38-29) (Ord. 104-99, passed 10-14-1999)
Any person working in or upon any street, alley, sidewalk or public ground shall, during the progress and continuance of the work, erect and maintain around the work both by day and night suitable barricades, fences, signs and signals, in accordance with the Manual on Uniform Traffic Control Devices, so as to prevent injury to persons, animals or vehicles on account of the work.
(1992 Code, § 38-30) (Ord. 104-99, passed 10-14-1999)
(a) The city council, prior to the assessment of real property within the city for the next fiscal year, may levy annually for the purpose of maintaining or repairing street surfacing or pavement a special front foot assessment not to exceed $1 per front foot upon the lots fronting and abutting the street.
(b) (1) The assessment shall be apportioned on a front foot basis and levied in the following manner:
A. The city council, prior to the assessment of real property, may by resolution designate the lot or portion of lots against which the assessment is to be levied and the amount of the assessment against each lot or portions thereof for those purposes;
B. Notify the director of equalization to add the assessment to the general assessment against the property; and
C. Certify the assessment together with the regular assessment to the county auditor to be collected as taxes for the city for any general purposes.
(2) The assessment is subject to review and equalization the same as assessments or taxes for general purposes. Front foot, for the purposes of this section, means the actual front of the premises as established by the buildings thereon, record title and use of the property regardless of the original plat.
(1992 Code, § 38-31) (Ord. 104-99, passed 10-14-1999; Ord. 98-04, passed 9-20-2004; Ord. 102-05, passed 10-11-2005; Ord. 123-06, passed 10-2-2006; Ord. 100-07, passed 6-18-2007; Ord. 79-08, passed 6-16-2008)
(a) When the city council deems it necessary to construct or improve a local or collector street by special assessment where the streets are not improved or do not meet city design standards, the total cost of the improvements shall include, but not be limited to, the cost of acquisition of right-of-way and easements, grading, paving, curb and gutter, storm sewer, intersection improvements, utilities, utility relocation, engineering and testing, inspection, publication and legal expenses. Engineering, testing and inspection expenses shall not exceed the amounts shown in the following table:
Construction Contract Value | Professional Fee |
Under $500,000 | Actual cost up to 20% |
$500,001 to $1,000,000 | Actual cost up to 18% |
$1,000,001 to 5,000,000 | Actual cost up to 16% |
$5,000,001 and greater | Actual cost up to 14% |
(b) A property owner who donates the necessary land for right-of-way and easement purposes in accordance with city design standards shall not be assessed for the cost of acquisition of right-of-way and easements. Property owners who do not donate necessary right-of-way may be assessed for costs associated for the acquisition of the property, necessary utility relocation or easements necessary to construct the street.
(c) Property owners abutting the local or collector street improvement shall be assessed for actual costs of the street and utilities as limited to local and collector street standards.
(1992 Code, § 38-32) (Ord. 103-99, passed 10-14-1999; Ord. 9-02, passed 2-11-2002; Ord. 66-04, passed 6-14-2004; Ord. 97-07, passed 6-18-2007; Ord. 10-09, passed 1-12-2009)
(a) Owners of property platted prior to January 1, 2009, with direct access to an abutting arterial street will be assessed for the required sidewalk improvements if the owner does not construct the sidewalks.
(b) Property with direct access to the arterial street shall be assessed for sidewalk improvements based on the frontage of each platted lot which has direct access. Assessments for properties with shared driveways will be based on the total frontage of property sharing the driveway.
(1992 Code, § 38-32.1) (Ord. 103-99, passed 10-14-1999; Ord. 9-02, passed 2-11-2002; Ord. 66-04, passed 6-14-2004; Ord. 97-07, passed 6-18-2007; Ord. 10-09, passed 1-12-2009)
SIDEWALK AND DRIVEWAY APPROACH CONSTRUCTION
The construction of a permanent sidewalk fronting or abutting all streets, highways and avenues shall be accomplished by the builder, owner or developer of all new or relocated residential and commercial buildings within the city.
(1992 Code, § 38-39) (Ord. 104-99, passed 10-14-1999)
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