ORDINANCE #13-363 TO ENACT AN ORDINANCE FOR THE TOWN OF INDEPENDENCE, LOUISIANA TO REQUIRE A PERMIT FOR THE USE OF TOWN PROPERTY FOR BUSINESS OPERATIONS. BE IT ORDAINED, at a meeting of the Mayor and Board of Aldermen on the ______day of _________________, 2013 that an ordinance be adopted to require a permit for the use of town property for business operations. No person or entity may enter upon, traverse, either above ground or below, or otherwise utilize any property, servitude, or other property right, owned, leased, possessed, or controlled by the town (herein referred to as “town property”) for the conduct of business operations without first being issued a permit to enter town property for business operations as more fully set forth hereafter. Permit application shall include an application fee of two hundred dollars ($200.00), plus one dollar ($1.00) per foot for each foot of town property the applicant’s system will occupy. 1. Location of any system for business operations within town property without a valid permit from the town pursuant to this section presents a threat to the health, safety, and welfare of the town’s citizens and their property and is expressly forbidden. 2. The town recognizes and reserves any and all rights available to it to regulate use of any town property. 3. The granting of any town license, permit, or other requirement for doing business within the town shall not be construed as authorizing any such person or entity the right to utilize town property for the conduct of business operations. 4. Any person or entity desiring to operate a system occupying town property (“applicant”)shall make a written request to the town for a permit, which shall include the following information: a. Name, address, telephone number, and contact person of the person or entity making the request; b. Necessary corporate information, if applicable; c. Name, address, email address, and home, office and cell telephone numbers of a person with authority to act on behalf of the applicant in case of emergency; d. Description of the proposed activity; e. Identification of the town property which applicant’s system will occupy. Said identification shall include the following: 1. Map drawn to scale of the location of all of applicant’s system presently occupying town property; 2. Inventory of all equipment, structures, and facilities comprising applicant’s system occupying town property; and 3. Description of all anticipated construction, major maintenance, and major installation activities which shall include the specific locations, and the beginning and ending dates of all projects to be commenced during the next calendar year; and the tentative locations and beginning and ending dates for all projects contemplated for the two-year period following the next calendar year. f. Proof of comprehensive general liability insurance covering and affecting the applicant’s business operations occupying town property. Applicant shall notify the town of cancellation of such policy(ies) at least thirty (30) days in advance of such cancellation; and g. Name of all contractors acting of working on behalf of applicant within town property along with the name and home, office, and cell telephone numbers of a person with authority to act on behalf of the contractor in case of any emergency. 5. Upon provision of all of the information required by section (d), the town shall issue a permit allowing the applicant/ permittee to enter town property to conduct business operations in accordance with the specific information provided to the town by the applicant/permittee. 6. Standard provisions of each permit granted pursuant to this section shall include the following: a. Conditions of occupancy. The system shall be located so as to cause minimum interference with the public uses use of town property and with the rights and reasonable convenience of property owners who own property that adjoins town property. b. Restoration of public ways. If, during the course of the permittee’s construction, installation, or maintenance of the system, there occurs a disturbance to any town property by the permittee, the permittee shall replace and restore such town property to a condition reasonably comparable to the condition of the town property existing immediately prior to such disturbance. c. Relocation at request of the town. If the town shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change any town property, the permittee, upon thirty (30) days written notice by the town via certified mail to the permittee, shall remove, re-lay and relocate its structure, equipment, and facilities at its own expense. Should the permittee refuse or fail to remove system within thirty (30) days after written notification, the town shall have the right to remove the component parts of the system and charge the permittee for the costs of the removal. d. Relocation at request of third party. The permittee shall, on the request of any person holding a lawful building moving permit, protect, support, raise, lower, temporarily disconnect, relocate in or remove from any town property, as necessary, any property of the permittee provided: (i) the expense of such is paid by said person benefiting from the relocation, including, if required by the permittee, making such payment in advance; and (ii) the permittee is given “reasonable advance written notice” shall be no less than thirty (30) days in the event of a temporary relocation, and no less than one hundred twenty (120) days for a permanent relocation. e. Interference with use of right-of-way. When working within town property, permittee shall not unreasonably interfere with public uses of said town property and the safety, health, and convenience of the public in the public’s use thereof for ordinary travel. 7. No less than three (3) business days prior commencement of construction, installation or maintenance activities within town Property, the permittee shall notify the town of the specific locations and beginning and ending dates of said construction, installation, or maintenance project and shall provide current, accurate contact information for both the permittee and the contractor as outlined in section (d). Upon receipt of this notification, the town shall determine whether the proposed construction, installation, or maintenance activities shall pose an unreasonable interference with public uses. If the town determines the proposed activity presents no such unreasonable interference, it shall issue the permittee a notice to proceed. If the permittee receives no written notification for the town within twenty-four (24) hours of the proposed commencement of activities, the proposed activities may be deemed approved. This section shall not apply to emergency repair projects or utility service extension projects which the permittee could not have anticipated. 8. The permittee shall keep all of the information required by section (d) current at all times by immediately providing the town written notice of changes. 9. Any person or entity (1) whose system occupies town property for business operations without obtaining the permit required in this section; (2) who fails to provide the 72-hour notice prior to commencement of construction, installation, or maintenance activities as required by section (f) concerning any system occupying town property may have any permit granted pursuant to this section revoked and may be denied future authorization for construction, installation, or maintenance activities for a period of two (2) years. 10. Any violation of this section shall afford the town the full range of remedies available under any applicable law or regulation including the levying of fines. The election of one (1) or more remedies shall not be construed as a waiver of any other legal and/or equitable remedy including, but not limited to the town’s right to seek injunctive relief, damages, and attorney’s fees as the law might allow. 11. This ordinance shall become effective immediately upon approval by the board of Aldermen, and the signature of the Mayor. The above ordinance having been read in full, the same was submitted to a vote. The result therein was as follows: Yeas: Nays: Absent or Abstaining: The foregoing ordinance was thereupon declared duly adopted this _____day of ________________, 2013. _________________________________ _________________________________ Mayor Clerk
Posted on: Fri, 01 Nov 2013 21:33:15 +0000
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