HomeMy WebLinkAboutOrdinance #0872a ~ i
ORDINANCE N0. g~_
AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 8, CHAPTER 3 OF THE
CANTON MUNICIPAL CODE CONCERNING PUBLIC WORKS, EXCAVATING PERMITS
AND REPEALING TITLE 8, CHAPTER 3, SECTION 5 OF THE CANTON MUNICIPAL
CODE CONCERNING OPENINGS PARALLEL TO THE STREET.
WHEREAS, the. Legal & Ordinance Committee of the City of
Canton, Illinois has determined that it is necessary, desirable and
to the best interests of the City of Canton to modify and amend certain
sections of Title 8, Chapter 3 of the Canton Municipal Code concerning
Public Works, Excavating Permits and to repeal and delete Title 8,
Chapter 3, Section 5 of the Canton Municipal Code concerning Openings
Parallel to the Street; and
WHEREAS, the City Council of the City of Canton, Illinois has
made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. That Title 8, Chapter 3, Section 3 of the Canton Municipal
Code be, and the same is hereby amended to read as follows:
"8-3-3: Displacing Pavements:
It shall be unlawful to open or tear up any of the paved
streets of the City for any greater distance than two (2)
blocks in extent at any one time, for the purpose of laying
railroad tracks, car tracks, sewers, telegraph or telephone
cables, or the repairs of the same, or other purposes other
than laying down new pavements. The pavement of the first
block opened shall be temporarily relaid and the debris
removed before opening another block of the street in which
the work is being prosecuted. The Superintendent of Streets
shall provide the necessary rules governing the repairs in
paved streets under this and other Chapters of this Code,
so that the pavements shall be absolutely replaced in as
good order as before being disturbed, within three (3)
weeks after it is first turned up; provided, that no person
shall be permitted to excavate in or disturb the surface
of any street, alley or avenue which is improved by pave-
ment, for the purpose of laying any pipe, or main, or
supply pipe or lateral for the supply of gas."
2. That Title 8, Chapter 3, Section 5 of the Canton Municipal
Code be, and the same is hereby repealed and deleted from the Canton
Municipal Code.
3. That Title 8, Chapter 3, Section 6 of the Canton Municipal
Code be, and the same is hereby amended to read as follows:
"8-3-6: Responsibility for Excavations:
Any person occupying any portion of any street or alley
under any permit shall save and keep the City free, clear
and harmless from any and all loss or liability on
account of any accident or damages resulting from such
occupation, and shall fully remove all material, dirt and
rubbish from the space so occupied, and restore such street
or alley to its original condition immediately upon the
expiration of the period named in said permit, and for any
failure so to do, such person shall be subject to a penalty
of not less than twenty five dollars ($25.00) nor more than
five hundred dollars ($500.00). The penalty above prescribed
shall not be construed to release such person from liability
for any damages sustained by the City, or by any person on
account of such occupation or excavation."
4,That Title-8, Chapter 3, Section 7 of the Canton Municipal
Code be, and the same is hereby amended to read as follows:
"8-3-7: Reconstruction:
Whenever any part of any street, alley, sidewalk or other
place in the City shall be torn, dug or taken up for any
purpose, the person tearing, digging or taking up any earth,
paving or planking shall immediately upon completion of such
purpose and as fast as possible during the accomplishment
thereof, return the earth, ram and pack down the same as
fast as returned, to a firm and solid bearing, and in a
manner, if possible, that will entirely prevent any settling
of such earth, and shall also relay all paving, planking or
graveling in a skillful and permanent manner, and in every
case to the satisfaction of the said Superintendent of Streets
of the City and under his direction, under a penalty for
any neglect or refusal so to do of not less than twenty five
dollars ($25.00) nor more than five hundred dollars ($500.00);
and the Superintendent of Streets is hereby authorized to
adopt proper rules and regulations for such relaying and
replacing of such pavements and materials, and he is hereby
empowered to employ the necessary labor to do or assist in
doing the work of relaying and replacing such pavements and
material, and to collect the expense of such labor from the
person receiving permission to tear or dig or take up such
earth, paving or planking; provided, that the expense of
labor so furnished shall not exceed that paid to the City
for labor of like character."
5.That Title 8, Chapter 3, Section 8 of the Canton Municipal
Code be, and the same is hereby amended to read as follows:
"8-3-8: Barriers, Lights:
It shall be the duty of any person or persons engaged in
digging into any street, alley or other public highway, in
paving any street or alley, building of any sewer or drain,
or trench for water pipes or gas pipes in any of the public
alleys, avenues or other public places, under contract with
the City, or by virtue of any permission which may have
been granted to them by the Council, or the Superintendent
of Streets or City Engineer, where such work, if left exposed,
would be dangerous to passengers, to erect a fence or railing
at such excavation or work in such a manner as to prevent
danger to passengers who may be traveling in streets, alleys,
avenues or public places, and to continue the said railing
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railing or fence until the work shall be completed or the
obstruction or danger removed. And it shall be the duty
of such persons to place upon such railing, fence, barrier
or other obstruction at twilight in the evening, suitable and
sufficient light, and keep them burning through the night
during the performance of said work, under a penalty of not
less than twenty five dollars ($25,00) nor more than five
hundred dollars ($500.00) for every such neglect."
6. That the remainder of Title 8, Chapter 3, Public Works,
Excavating Permits, of the Canton Municipal Code remain in full
force and effect.
7. That this Ordinance shall be in full force and effect
upon its passage by the City Council of the City of Canton, Illinois
and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois
and APPROVED by the Mayor thereof thi s J 7 t ~' day of ~E R u~R~l~
1981.
~.
APPROVE ~' ~ ,.~~.-~e~ MAYOR
HARLAN E. CROUCH
ATTEST: ~-,~~. -C- ~ ~ ~~ ~ -,~TY CLERK
N NCY S . W I TES
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