??ORDINANCE NO.974
CHARTER SERIES
AN ORDINANCE AMENDING CHAPTER 18, STREETS AND SIDEWALKS, ARTICLE II, EXCAVATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF DEQUINCY AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS Chapter 18, Streets and Sidewalks,. Article II, Excavations, governs regulations for streets and sidewalks; and
WHEREAS the City Council of the City of DeQuincy, Louisiana (“City”) and the Mayor find it appropriate that Chapter 18, Streets and Sidewalks, Article II, Excavations, of the Code of Ordinances be amended as follows:
Sec. 18-18. – Provisions declared supplemental.
The provisions of this article shall be in addition to and supplemental to ell other provisions of this Code and the ordinances of the city.
Sec. 18-19. – Permit required.
It shall be unlawful for any person, except employees of the city, in the course of their employment, to open, dig into, remove the surface from, excavate or bore or tunnel under any street, sidewalk, alley, public way or place without first obtaining a permit therefor from the superintendent of public works and city hall.
Sec. 18-20. – Application for permit; fee.
The application for a permit required by this article shall contain such information as the superintendent of public works deems necessary and shall be accompanied by a fee outlined by Calcasieu Parish fee schedule. The City has the right to refuse a permit with just cause.
Sec. 18-21. – Regulations authorized.
In granting a permit required by this article, the superintendent of public works may impose reasonable regulations, including but not limited to:
(1) The manner of making the excavation, boring or tunneling.
(2) The location of the excavation, boring or tunneling.
(3) Protection of underground utility installations.
(4) The duration of the excavation, boring or tunneling.
(5) Required safety precautions, such as barricades, lighting, warning devi::es, etc.
(6) The extent and size of the excavation, boring or tunneling.
(7) Steps to be taken to protect nearby property owners.
Sec. 18-22. – Assets or insurance required.
The applicant for a permit under this article shall submit satisfactory evidence that he has sufficient assets or insurance to indemnify the city for any costs, losses or liabilities that it may incur by reason of such excavation, and to satisfy any judgments or liabilities arising out of the excavation.
Sec. 18-23. – Filling and surfacing.
It shall be the duty of the person making any excavation or doing any boring or tunneling hereunder to fill the excavation and restore the surface to a condition at least equal to the surface prior to the excavation, or, in the case of boring or tunneling, to take such steps or precautions as are necessary to assure that there will be no sinking or shifting of the surface. If so required by the superintendent of public works, the person making an excavation or doing boring or tunneling shall furnish a deposit, bond or other security sufficient to assure compliance with this section; provided, however, that the city may elect to fill and resurface the excavation or take the necessary precautions and charge the cost thereof against the person making the excavation or doing the boring or tunneling.
Sec. 18-24. – Permission of state and federal highway departments required in certain instances.
Where excavations subject to this article occur at a state or federal highway, permission shall be obtained from the state or federal highway department before any work is commenced.
Sec. 18-25. – Excavation on railroad property.
Where excavations subject to this article occur on railroad property, permission shall be obtained from the railroad company before any work is commenced.
Sec. 18-26. – Violations, penalty.
Any person violating any provision of this article, or any condition or regulation of a permit hereunder, shall be punished as provided in section 1-8, and furthermore shall be subject to having his permit revoked.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of DeQuincy that Chapter 18, Streets and Sidewalks, Article II, Excavations, of the Code of Ordinances of the City of DeQuincy is hereby amended as stated above.
BE IT FURTHER ORDAINED that all ordinances and parts of ordinances in conflict herewith be, and the same are hereby, repealed.
Said Ordinance having been introduced on the 9th day of September, 2024, by notice of Public Hearing having been published on the 9th day of October, 2024, said Public Hearing having been held 14th day of October , 2024, title having been read and Ordinance considered, on motion by Margaret Brown seconded Cameron Smith to adopt the Ordinance. A record vote was taken, and the following result was had:
YEAS: 5
NAYS: 0
ABSENT: 0
This Ordinance was declared duly adopted this 14th day of October, 2024.
/s/ Riley Smith,
Mayor
/s/ Sherri Breaux,
Secretary of the Council
and City Clerk
/s/ Bobby Dahlquist,
Council Chairman
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I certify that the above and foregoing constitutes a true and correct copy of an Ordinance duly adopted at a meeting of the City Council of the City of DeQuincy held on October 14, 2024, at which meeting a quorum was present and voted in favor of said Ordinance.
/s/ Sherri Breaux
Secretary of the Council
and City Clerk
Run: Oct. 23, 2024 (O-12)
