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ORDINANCE NO. 2012-1
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ATOMIC CITY, IDAHO, WHEREAS IT WAS DEEMED NECESSARY TO PROVIDE AN ORDINANCE TO PROTECT THE CITY STREETS.
SECTION 1 . DAMAGE TO CITY STREETS:
1A. All excavation through, across or down City Streets without prior approval from the City is strictly prohibited.
1B. If City approval is granted, the effected area will be returned to its pre-construction condition including an area not less than 10 feet on both sides of effected area to create a smooth and uninterrupted transition across the effected area.
1C. If a person or company should damage any portion of a City Street, the damaged area or areas will be the sole responsibility of the damaging party and subject to the same repair requirements as stated in Paragraph (B) above if deemed appropriate based on the amount of damage.
1D. If a City Street is scarred or receives any damage due to the dragging or hauling of farm equipment, as an example, it is the responsibility of the damaging party to repair and return the damaged area or areas to its original condition. If a street receives damage to its full length or the majority of its full length, the Street is to be refinished in accordance with Paragraph (B) above if deemed appropriate based on the amount of damage.
1E. Only rubber tired vehicles are allowed to traverse City Streets. Steel wheeled or track type equipment is strictly prohibited.
SECTION 2. INSTALLATION OR MAINTENANCE OF CITY BORROW PITS AND CULVERTS:
2A. All City Borrow Pits are to be established and maintained by Bingham County unless; they are damaged by a property owner or other individuals crossing through a Borrow Pit resulting in damage to said Borrow Pit. The immediate repair of the effected area or areas will become the responsibility of the property owner. If the property owner refuses or fails to make necessary repairs within twenty (20) days from written notification from the City, the City has the right to make necessary repairs at the expense of the property owner.
2B. Any property owner whose property borders the City Limits requiring access to their property via a City Street will be required to install a culvert and drive per Bingham County Requirements in order to maintain continuous drainage around the City.
2C. Contamination of streets within the City Limits by the tracking or spreading of any materials considered to be contaminates such as mud, gravel, rock, feed, fertilizers (whether liquid or solid), waist products or materials of any kind is strictly prohibited and becomes the immediately responsibility of the violator. If the violator is a property owner or an affiliate or supplier hauling materials either onto or off from said property, the Property Owner will be deemed the responsible party. Property Owner will be required to clean up and remove any and all materials left on roadways immediately upon discovery thereby returning the effected streets to their previous condition. If the Property Owner fails or refuses to properly clean the effected City streets, the City has full and complete authority to perform whatever clean-up operations deemed necessary by the City in order to return the effected street or streets to their previous condition. All clean-up operations will be performed at the expense of the responsible party. Costs associated with the clean-up effort will not be less than $10.00 per linear foot of roadway.
SECTION 3. AMENDMENTS TO PROVISIONS: Nothing herein contained shall prohibit the Mayor and City Council from amending, altering or adding to the provisions of this Chapter in relation to the water supply or the rules of the same which may be adopted in conformity therewith provided also that the Mayor and City Council may, be by resolution, make such rates and regulation as may be required for the operation of the water system.
SECTION 4. SEVERABILITY: The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.
SECTION 5. INCONSISTENT ORDINANCE REPEALED: Ordinances or parts of ordinances thereof in force at the time that this ordinance shall take effect and which are inconsistent therewith are herby repealed.
SECTION 6. EFFECTIVE DATES: This Ordinance shall be in full force and in effect from and after its passage, approval and due publication as provided by law.
PASSED AND APPROVED by the City Council of the City of Atomic City, Idaho this ____________Day of ___________________2012.
NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY
RECORDED FEBUARY 14, 2012 # 635477