Ordinance 1974-52 FHD:GKH
AN ORDINANCE OF THE UNITED CITY OF THE
VILLAGE OF YORKVILLE, KENDALL COUNTY,
ILLINOIS TO PROVIDE FOR THE CONTROL,
SUPERVISION, INSPECTION AND RECONSTRUCTION
OF EXCAVATIONS WITHIN STREETS AND ALLEYS
WHEREAS , it has been considered by the City
Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE
to control, supervise, inspect and reconstruct excavations
of and within the streets and alleys of the UNITED CITY
OF THE VILLAGE OF YORKVILLE; and
WHEREAS, it is considered to be in the best
interests of the public safety that excavations and
reconstruction of the streets and alleys within the said
City be controlled, supervised and inspected.
NOW THEREFORE, IT IS ORDAINED by the UNITED
CITY OF THE VILLAGE OF YORKVILLE that the excavation and
reconstruction of streets and alleys within the UNITED
CITY OF THE VILLAGE OF YORKVILLE be controlled, supervised
and inspected as follows :
Section l: Permit Required. It shall be unlawful
for any person, firm or corporation to tunnel under or
make any excavation on any street, alley or public place
in the UNITED CITY OF THE VILLAGE OF YORKVILLE without
having obtained a permit, as is herein required, or without
complying with the provisions of this article or in violation
of or variance from the terms of such permit.
Section 2 : Applications. Any person, firm or
corporation desiring to make any excavation, tunnel or
opening in or under any street, alley, sidewalk or public
place in the UNITED CITY OF THE VILLAGE OF YORKVILLE shall
make application therefor to the Superintendent of Streets
and Alleys , and such application shall describe the location
of the intended excavation or tunnel, the size thereof,
the purpose therefor, and the person, firm or corporation
doing the actual excavation work and the name of the person,
firm or corporation for whom or for which the work is
being done, and shall contain an agreement that the appli-
cation will comply with all Ordinances and laws relating
to the work to be done . Such application shall be accompanied
by a Bond in the amount and form as specified. in Section 3
G�=rti�ww L.
hereof, and upon the approval of theASuperintendent of
4_-r,-t_ ate- T'_'^_1 of said application, he shall, upon
proof of payment by the applicant to the City Treasurer
of the fees hereinafter provided for in Section 4, issue
a street excavation permit, authorizing the applicant
to make the excavation or opening in the street, sidewalk,
alley or public place, subject to restoration as hereinafter
provided .
Section 3 : Bond . No such permit shall be issued
unless and until the applicant therefor has filed with
the City Clerk of the UNITED CITY OF THE VILLAGE OF YORKVILLE
a Bond in the sum of $10, 000 .00 , conditioned to indemnify
the City for any loss, liability or damage that may result
or accrue from or because of the making, existence or
manner of guarding or constructing any such tunnel or
excavation . Such Bond shall have as surety a corporation
licensed to do business in the State as a surety company.
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In lieu of the Bond provided for herein, a cash deposit,
a savings and loan certificate, or an instrument of credit
duly assigned to the UNITED CITY OF THE VILLAGE OF YORKVILLE
in the amount of $10 , 000 .00 may be substituted therefor .
Section 4: Fees . The fee for such permit
shall be payable to the City Treasurer of the UNITED
CITY OF THE VILLAGE OF YORKVILLE for every street excavation
permit and shall be $25 .00 to cover the cost of issuance
of the permit and inspection.
Section 5 : Permitee to Re-Fill and Temporarily
Pave Surface . Permits as provided herein shall be issued
upon the condition that the applicant shall remove all
materials resulting from the excavation on the site of
the work, and shall re-fill the ditch with crushed limestone
of a type and grade approved by the Superintendent of
Streets and Alleys of the UNITED CITY OF THE VILLAGE OF
YORKVILLE, or such substitute material as approved by
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said,ASuperintendent of • Heys of the UNITED
CITY OF THE VILLAGE OF YORKVILLE as shall be deemed to
be equal to or superior to crushed limestone, and the
permitee shall re-surface the street or other public place
and restore the said surface to its original condition.
Such re-filling shall be done in such a manner as to
prevent any settling of the road bed in excess of 2 "
upon completion. In the case of unpaved streets , the
process of filling shall be carried up to the original
surface street; in the case of paved streets , the filling
shall be carried up to within 2" of the surface of the
pavement, and on top of this filling shall then be placed
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a uniform layer of surfacing material of the same type
and quality as existed on the street prior to such excavation.
All materials that may be found in the excavation of the
street and which are unfit for filling and reconstruction
of the excavation shall be hauled by the permitee to
such a point as the Superintendent of Streets and Alleys
may direct, and said materials shall be the exclusive
property of the said City. All permitees shall maintain
the surface at permitee ' s own expense for a period of
sixty (60) days or until another surface is installed
by the UNITED CITY OF THE VILLAGE OF YORKVILLE, whichever
occurs first.
Section 6: Cutting Surface . All permitees
so excavating as provided herein shall do so by either
tunneling or by sawing the surface streets and alleys
to provide a clean cut in the surface; no back hoes shall
be used to cut the surface of any paved street, alley
or sidewalk.
Section 7: Barricades and Lighting Required -
Liability of Permitee . During the period the work is
being done by the permitee, he shall maintain lighted
barricades in and around all excavations and tunnels on
both sides of the openings or piles of excavated materials
within, on or near any tunnel or excavation in or upon
any street, alley, sidewalk or public place within the
UNITED CITY OF THE VILLAGE OF YORKVILLE, and said permitee
shall be responsible for and assume all liability for
injury to persons or property occasioned by such work,
excavation or tunneling .
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Section 8: Map of Facilities Required. Every
person who shall hereafter lay down or construct any mains ,
pipes , conduits or other work on any street or alley
shall make and keep on file at the office of the7Superin-
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tendent of &+-ti-, etg ,+4 -A-leys of the UNITED CITY OF THE
VILLAGE OF YORKVILLE an accurate map showing the exact
location of every line or main, conduit, pipe and connection
laid by him, which map shall also show the depth of all
mains, pipes, conduits or other work with reference to
City streets, and shall at all times be accessible for
public inspection.
Section 9: Clearance for Vital Structures ,
Damaging of Public Property and Dangerous Installations_
Prohibited. The excavation work as provided for herein
shall be performed and conducted so as not to interfere
with access to fire hydrants , fire stations , fire escapes
and all other vital equipment as designated by the Superin-
tendent of Streets and Alleys of the said UNITED CITY
OF THE VILLAGE OF YORKVILLE, and nothing herein contained
shall authorize or permit the destruction, injury to or
marring in whole or part of any street, alley, public
ground or place or gutter, curb, sidewalk, tree, shrubbery,
plants or other work or property therein, nor shall any
poles , wires , mains , pipes , conduit work or equipment
be placed or maintained in such a manner as to injure
or be dangerous to persons or property. It shall be
unlawful to place or maintain any wire, conduit, conductor
or other apparatus on any such street, alley, public ground
or place containing electric current or power or any
inflammable or explosive gas , liquid, fluid or vapor
without safe insulation and protection so that the same
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will not injure or be dangerous to persons or property,
and the same shall be kept at all times at such a standard
of safety.
Section 10 : Enforcement. It is hereby made
I
the duty of the Chief of Police,/�Superintendent of St�
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ael- 2Zrys , and all Police Officers of the UNITED CITY
OF THE VILLAGE OF YORKVILLE to take notice of any excavations
being made in any of the streets and alleys or public places
of the said City and to arrest any person or persons engaged
in making, directing or superintending such excavations
unless he shall, on demand, exhibit a written permit
for the making of the same, duly issued in accordance
with the provisions of this article, and any such person
violating any of the provisions of this Ordinance shall
be deemed guilty of a misdemeanor.
Section 11: Repeal of Previous Ordinances .
This Ordinance shall repeal all other Ordinances or Resolutions
of the UNITED CITY OF THE VILLAGE OF YORKVILLE heretofore
passed and adopted that conflict herewith, insofar as
they conflict.
PASSED by the City Council this /`' day of
Jam, A.D. 1974 .
C ty Clerk
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APPROVED by me this � day of dar ,
A.D. 1974 . i1
J
Mayor
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