HomeMy WebLinkAboutORDINANCES-2020-041-O-203/5/2020
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AN ORDINANCE
Amending City Code Section 7-4-1 "Permit Required, Fees, Bond" to
Designate the Public Works Director as the Approval Authority for
Excavationsand Restrict Excavations in Winter Months
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Section 7-4-1 of the Evanston City Code of 2012, as
amended, is hereby further amended by allowing for the onsite consumption as follows:
7-4-1. - PERMIT REQUIRED; FEES, BOND.
No permit for the making of any opening, hole or excavation in a public right-of-way or
other public property shall be issued for any purpose until all fees therefor shall have
been paid in full and unless and until an indemnity bond in the penal sum that, in the
sole determination of the Goy Manager eF hWher desigRee Public Works Director, is
reasonably related to the project, shall have been filed with the City to protect and hold
it free and harmless from all claims or rights of action arising from or claimed to be due
to the making, existence, replacement or filling of such opening, hole or excavation.
No Dermit for the makina of anv ooenina. hole. or excavation in a Dublic riaht-of-wav
shall be issued between November 1 st and March 1 s` unless said excavation is
reauired for the emeraencv repair or replacement of an existina underaround utilitv.
(A) Underground Sprinkler System; Permit Required, Fees, Bond, Insurance.
Underground Sprinkler System; Permit Required, Fees, Bond, Insurance: No
permit for the making of any opening, hole or excavation in a public right-of-
way or other public property shall be issued for the purpose of installing an
underground sprinkler system until all fees therefor shall have been paid in full
and the installer provides the City with proof of a bond and a certificate of
insurance, which names the City as an additional insured, in accordance with
this Section. Such proof of insurance shall be accompanied by an agreement
executed by the installer indemnifying and holding the City harmless from all
liability for damages or expenses resulting from or by reason of issuing of the
required permit for construction of an underground sprinkler system.
(B) Transfer of Property. Applicants will be responsible for notifying the City Clerk
in writing at least thirty (30) days prior to the transfer of their property and
interest in the public right-of-way. Further, should there be any improvement to
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the public right-of-way upon Which the underground sprinkler system is
located, it will be the responsibility of the applicant or his/her successor(s) to
remove the underground sprinkler system at his/her/their own cost.
(C)The City, its officers, agents and employees shall not be liable for any
damages or injuries, incurred during City improvements to the public right-of-
way, to any underground sprinkler system, or portion thereof, located in the
public parkway.
SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and must be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This ordinance must be in full force and effect after its
passage, approval, and publication in the manner provided by law.
SECTION 5: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
must not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
Introduced: April 13, 2020 , 2020 Approved:
Adopted: April 27. 2020 , 2020 April 30
Stephen H. Hagerty, Mayor
-2-
, 2020
Attest:
Ed 4wdo 00MAZ
Eduardo Gomez, Deputy City Clerk
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Approved as to form:
*4/4-
Kelley A. Gandurski, Corporation Counsel