HomeMy WebLinkAbout0781 Public Right of Way Contractors LicenseCITY OF CHUBBUCK, IDAHO
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING CHAPTER
12.08, PUBLIC RIGHT-OF-WAY CONTRACTORS LICENSE; PROVIDING FOR
DEFINITIONS AND GENERALLY REQUIRING ANY CONTRACTOR WORKING
IN THE PUBLIC RIGHT OF WAY TO HAVE A CITY OF CHUBBUCK PUBLIC
RIGHT-OF-WAY CONTRACTORS LICENSE; PROVIDING FOR EXCEPTIONS TO
THE LICENSE REQUIREMENT; PROVIDING DEFINITIONS; PROVIDING AN
APPLICATION PROCESS; PROVIDING ALL LICENSES EXPIRE DECEMBER 31
OF THE YEAR OF ISSUANCE; PROVIDING FOR FEES, NON -TRANSFERABILITY
AND INSURANCE AND BONDING; DEFINING DUTIES AND RESPONSIBILITIES
OF ALL LICENSEES; PROVIDING FOR THE SUSPENSION AND REVOCATION
OF LICENSES; ADDING CHAPTER 12.12, PUBLIC RIGHT OF WAY
CONSTRUCTION; PROVIDING DEFINITIONS; REQUIRING A PERMIT;
PROVIDING EXCEPTIONS; REQUIRING INSURANCE; PROVIDING FOR AN
APPLICATION PROCESS AND FEES; PROVIDING A PROCEDURE FOR
LOCATION OF UTILITIES AND NOTIFICATION REQUIREMENT; REQUIRING
EXPEDITIOUS BACKFILLING AND COMPLETION OF WORK; PROVIDING
PERMANENT SURFACE REPAIRS TO BE PERFORMED WITHIN THREE DAYS
OF BACKFILLING BUT PROVIDING FOR EXCEPTIONS; PROVIDING FOR
MAINTENANCE AND SAFEGUARDS; PROVIDING FOR A THREE YEAR
WARRANTY OF WORK; PROVIDING PROCEDURES IF THE CITY IS REQUIRED
TO REPAIR WARRANTED WORK; PROVIDING REMEDIES FOR NON-
COMPLIANCE; PROVIDING AND EFFECTIVE DATE OF MARCH 1, 2019;
PROVIDING THE CITY IS UNDER NO DUTY; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS
ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. The following Chapters 12.08, Public Right-of-way Contractors License and
12.12, Public Right of Way Construction are added to the Chubbuck Municipal Code:
CHAPTER 12.08
PUBLIC RIGHT-OF-WAY CONTRACTORS LICENSE
SECTION:
12.08.010:
Definitions
12.08.020:
License Required
12.08.030:
Application for License
12.08.040:
Term of License
12.08.050:
License Fees
12.08.060:
License Not Transferable
12.08.070:
Insurance and Bonding
12.08.080:
Duties and Responsibilities of Public Right -of -Way
12.08.090:
Suspension and Revocation ofLicenses
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chubbuck 120618 ord chap 12.08 & 12.12.wpd
12.08.010: DEFINITIONS: For the purposes of this Chapter, all terms used herein shall have the
same meanings ascribed in Chapter 12.12 Public Right -of -Way Construction. In addition, certain
terms shall have the meanings ascribed below:
Public Right-of-way Construction: The construction, placement or laying of any asphalt
or concrete pavement; sidewalk; driveway, curb; gutter; water line; sanitary sewer line storm
drain line; telephone line; electrical line, conduit, or facilities; cable TV line, conduit, or
facilities; gas line or facilities; or any other similar structure or appurtenant facilities within any
street, alley, easement or other public right-of-way of the City.
Public Right-of-way Contractor: Any person, partnership, corporation, association,
agency or other organization who engages in the business of public right-of-way construction
or who contracts for and engages in removal of snow, debris, or other materials from public
rights- of -way.
12.08.020: LICENSE REQUIRED:
(A) No person shall engage in, control or otherwise direct public right-of-way construction or
otherwise engage in the business of a public right-of-way contractor within the City unless
such person shall have first obtained a license from the City under the provisions of this
Chapter.
(B) Exceptions: No license shall be required for the following persons:
(1) a person working under the direct supervision and bond of a licensed public right-
of- way contractor;
(2) a person who solely installs, lays, forms or places concrete for any sidewalk, curb,
gutter or driveway within a public right-of-way and adjacent or appurtenant to property
owned by such a person;
(3) a City employee engaged in performing work for the City or an employee of the
State of Idaho while engaged in performing work for the State;
(4) a utility holding a franchise granted by the City, but not including a contractor or
subcontractor of such utility;
(5) a person who tills soil to a depth of less than fifteen inches (15") for agricultural
purposes; and
(6) a person who replaces highway guard rails, posts, sign posts, delineative posts,
culverts, electric poles, telephone poles, traffic control signs or device supports, or
other similar publicly -owned fixtures, in the same approximate location and depth
within a public right- of -way.
12.08.030: APPLICATION FOR LICENSE: All applications for a City of Chubbuck Public
Right -of -Way Contractor's License shall be on such forms and shall provide such information as
the City deems necessary to determine the applicant's capability and responsibility to perform
work within any public right-of-way. The license application shall be submitted to the Public
Works Department and shall be accompanied by payment of the license fee in an amount set
from time to time by Resolution of the Council. Upon receipt of a fully -completed application,
the Public Works Department shall forthwith transmit the application and license fee to the City
Clerk. All applications shall be granted or denied by the City within fifteen (15) days following
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the receipt of the fully- completed application form by the Public Works Department.
12.08.040: TERM OF LICENSE: Each license issued under this Chapter shall expire on
December 31 of the year for which it is issued.
12.08.050: LICENSE FEES: The fee for a Public Right -of -Way Contractor's License shall be in
an amount set from time to time by Resolution of the Council. Neither the license fee nor any
portion thereof shall be refunded once a license has been issued. No portion of the license fee
shall be prorated.
12.08.060: LICENSE NOT TRANSFERABLE: Licenses issued under this Chapter shall not
be transferable.
12.08.070: INSURANCE AND BONDING:
(A) Liability and Hazard Insurance: Every contractor granted a license under this
Chapter shall maintain comprehensive general liability coverage including completed operations
in an amount not less than one million dollars ($1,000,000) single limit liability for personal
injury, death and property damage, provided however if the work to be done is limited to
excavation in an easement situated entirely on private property or is for construction of a concrete
sidewalk, curb or gutter located within a street right-of-way and parallel with adjoining private
property, the amount of such insurance shall be not less than one hundred thousand dollars
($100,000), single limit. Coverage for underground hazard shall also be included. Contractors
engaged in work requiring the use of explosives or work that may endanger or cause the collapse
of adjacent buildings or facilities shall also carry explosion and collapse hazard coverage with a
minimum limit of five hundred thousand dollars ($500,000) single limit liability for personal
injury, death and property damage. This coverage may be carried on an individual "project" or
"permit" basis where the need for such coverage is applicable. Each policy as required above
shall carry an endorsement naming the City of Chubbuck as an additional insured under said
policy. Each policy shall also contain a clause requiring that the Citybe given at least thirty (30)
days advance written notice in the event of anticipated cancellation of the policy or any coverage
under the policy. Certificates of insurance evidencing the required coverage shall be filed with
the City Engineer along with the contractor's license application.
(B) Worker's Compensation Insurance: Contractors with employees shall carry
statutory worker's compensation insurance with at least five hundred thousand dollars
($500,000) employer's liability per occurrence. A certificate of insurance evidencing such
worker's compensation coverage as set forth above shall be filed with the City prior to the
issuance of a license under this Chapter.
(C) Bond: Prior to performing work within any public street, alley, easement or
other public right-of-way of the City, all licensees shall execute and deposit with the City
Engineer either a bond in favor of the City or an equal amount in cash to ensure proper and
adequate performance of all work within a public right-of-way in accordance with this Chapter
and of the "Public Right- of -Way Construction" Chapter this Code. The amount of such bond
shall be in an amount set from time to time by Resolution of the Council. A surety may cancel
its future liability under any bond furnished hereunder by giving the City thirty (30) days
advance written notice of the intention to cancel. Cancellation shall not affect any liability
which may have accrued under the terms of the bond prior to cancellation. A license shall be
subject to revocation whenever a bond is canceled unless a comparable bond is furnished at the
time of cancellation of the original bond.
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12.08.080: DUTIES AND RESPONSIBILITIES OF PUBLIC RIGHT-OF-WAY
CONTRACTOR: All licensees under this Chapter shall have the following duties and
responsibilities:
(A) Any contractor licensed hereunder shall be responsible for the proper performance
of all work required by the contract, whether or not such work is done by him directly or by a
subcontractor.
(B) Any licensee shall provide such safety measures and equipment as are required to
safely protect workers and the public as prescribed by this Chapter, all other ordinances
adopted by the City and all laws of the State of Idaho and the United States.
(C) The licensee shall ensure that all other applicable permits and insurance are
obtained by the licensee and any subcontractors working under the contract, prior to
undertaking any public right-of-way construction.
(D) The licensee shall present the license when requested to do so by the City Engineer
or the City Engineer's authorized representative(s).
(E) The licensee shall faithfully construct all facilities in accordance with any drawings
or specifications approved by the City.
(F) The licensee shall obtain all inspections required by this Code.
(G) The licensee shall construct or reconstruct all underground facilities in strict
compliance with all applicable codes, specifications and standards adopted by ordinance of the
City.
(H) The licensee shall warrant the adequacy and continued satisfactory condition and
function of any street repairs or underground facilities constructed or reconstructed within any
public right-of-way, for a period of three (3) years after final approval and acceptance thereof
by the City. Licensee's bond required by this Chapter shall remain in full effect for the duration
of the warranty period.
12.08.090: SUSPENSION AND REVOCATION OF LICENSES: The City may suspend or
revoke a license when the licensee commits one or more of the following acts or omissions:
(1) Fails to comply with any provisions set forth in this Chapter or the "Public
Right- of -Way Construction" Chapter of this Code.
(2) Knowingly combines or conspires with any person to permit the license to be
used by such person, except as allowed in this Chapter.
(3) Knowingly conspires with any other person to violate the provisions of this
Code.
(4) Knowingly violates any ordinance adopted by the City or any standard
drawings or standard specifications governing the construction, replacement or
repair of any utility, street or associated facilities within the City.
The procedure governing the suspension or revocation of licenses shall be as follows:
(1) The licensee shall be notified in writing that good cause appears to
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suspend or revoke the licensee's license. The reason or reasons for each action
shall be enumerated in such notice.
(2) Upon receipt of the notice, the licensee may request a hearing before the
City Public Works Director. Such request shall be in writing and shall be
delivered to the City Public Works Director within seven (7) days of the receipt
of said notice. Such notice shall be deemed received upon its deposit in the U.S.
mail, postage prepaid.
(3) If a hearing is requested by the licensee, the City Public Works Director
shall set a time, date and place of said hearing and shall notify the licensee in
writing at least ten (10) days prior to the date of the hearing.
(4) When a hearing is conducted, the licensee and other interested parties may
present written or oral testimony and evidence. Upon completion of the hearing,
the City Public Works Director shall promptly notify the licensee in writing of
the findings and decision regarding the suspension or revocation of the license.
(5) If the decision rendered by the City Public Works Director is adverse to
the licensee, the licensee may appeal to the City Council. Such appeal must be
filed within thirty (30) days after delivery of the ruling to the licensee. The
decision rendered by the City Council shall be final.
CHAPTER 12.12
PUBLIC RIGHT OF WAY CONSTRUCTION
SECTION:
12.12.010:
Definitions
12.12.020:
Permit Required
12.12.030:
Exceptions
12.12.040:
Insurance
12.12.050:
Application for Permit
12.12.060:
Permit Fees
12.12.070:
Location Procedure
12.12.080:
Completion of Work and Backfilling
12.12.090:
Time to complete Repairs
12.12.100:
Maintenance and Safeguards
12.12.110:
Warranty of Repairs
12.12.120:
Repairs by City
12.12.130:
Remedy for Noncompliance
12.12.140:
No Duty
12.12.010: DEFINITIONS: For the purposes of this Chapter, certain terms shall have the
meanings ascribed below:
Act: The Underground Facilities Damage Prevention Act as set forth in Idaho Code
Section 55-2201, et seq.
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Construction: The construction, placement or laying of any asphalt or concrete
pavement; sidewalk: driveway, curb; gutter; water line; sanitary sewer line; storm drain
line; telephone line, conduit or facilities; electrical line, conduit or facilities; cable TV
line, conduit or facilities; gas line or facilities; or any other similar structure or
appurtenant facilities within any street, alley, easement or other public right-of-way of
the City.
Excavation: Any operation in which earth, rock or other material in the ground is moved
or otherwise displaced by any means, including, but not limited to explosives.
Excavator: Any person who engages directly in excavation within City limits.
Repair: The improvement, alteration, modification or replacement of any asphalt or
concrete pavement; sidewalk; driveway; curb; gutter; water line; sanitary sewer line;
storm drain line; telephone line, conduit or facilities; electrical line, conduit or
facilities; cable TV line, conduit or facilities; gas line or facilities; or any other
structure or appurtenant facilities in any street, alley, easement or other public right-of-
way of the City.
Underground Facility: Any item buried or placed below ground for use in connection
with the storage or conveyance of water (unless being delivered primarily for landscape
sprinkler systems), sewage, electronic signal, telephonic or telegraphic
communications, cable television, fiber optic, electrical energy, petroleum products,
gas, gaseous vapors, hazardous liquids or other substances, including, but not limited to
pipes, sewers, conduits, cables, valves, lines, wires manholes, attachments and those
parts of poles or anchors located below ground.
Working Days: All days except Saturdays, Sundays and legal holidays.
Working Hours: The hours from seven o'clock (7:00) a.m. to seven o'clock (7:00) p.m.
local time of any working day.
12.12.020: PERMIT REQUIRED: No person shall engage in any construction, repair or
excavation in any street, alley, easement or other public right-of-way within the City without
first obtaining a permit to do so approved by the City Engineer. Engaging in any such
construction, repair, or excavation without a permit shall constitute an infraction. No permit
under this Chapter shall be valid until or unless the notice provisions of Idaho's Underground
Facilities Damages Prevention Act have been complied with. The permit shall clearly define the
area within which the permittee may do such construction, repair or excavation. A copy of the
permit shall be kept on file with the City Engineer for a period of not less than ten (10) years
after acceptance of the completed work that was permitted. The permittee shall keep a copy of
the permit onsite at all times that work under this permit is being performed.
12.12.030: EXCEPTIONS: Unless facts exist which would reasonably cause an excavator to
believe that an underground facility exists within the depth of the intended excavation, a permit shall
not be required for the following excavations:
A. The tilling of soil to a depth of less than fifteen inches (15") for
agricultural purposes;
B. For replacement of highway guardrail posts, sign posts, delineator posts,
culverts, electric poles, telephone poles and traffic control device supports in the same
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approximate location and depth of the replaced item within a public highway right-of-way.
C. A person who solely installs, lays, forms or places concrete for any sidewalk or
driveway within a public right-of-way and adjacent to the property owned by such person.
D. For emergency repairs to underground facilities when any delay in performing
the work could reasonably result in a hazard to life or property. In such case, the person
performing the work shall notify the City Engineer as soon as practicable and shall complete,
backfill, maintain, safeguard, and warranty the work in accordance with the provision of this
Chapter.
12.12.040: INSURANCE: No permit shall be issued pursuant to this Chapter unless the
applicant presents with the application, or has on file with the City Engineer, a certificate of
insurance from an insurance company qualified to write insurance contracts within the State of
Idaho, certifying that the applicant has a policy of public liability insurance in an amount of not
less than one million dollars ($1,000,000) single limit liability for personal injury, death and
property damage; provided, however, if the work to be done under the permit is limited to
excavation in an easement situated entirely on private property or is for construction of
a concrete sidewalk, driveway or curb and gutter within a street right-of-way, but parallel with
and adjacent to private property, the amount of such insurance shall be not less than one
hundred thousand dollars ($100,000) single limit for personal injury, death and property
damage. Coverage for underground hazard shall also be included. Permits involving work
requiring the use of explosives or work that may endanger or cause the collapse of adjacent
buildings or facilities shall also require the permittee to carry explosion and collapse hazard
coverage with a minimum limit of five hundred thousand dollars ($500,000) single limit
liability for personal injury, death, and property damage. Each policy, as required above, shall
carry and endorsement naming the City of Chubbuck as an additional insured under said policy.
Said insurance policy or policies shall contain a clause requiring that the City be given at least
thirty (30) days advance written notice in the event of expiration or anticipated cancellation. The
permit shall be revoked at the time such insurance expires or is cancelled unless a certificate of
comparable insurance is filed with the City Engineer prior to the time of cancellation or
expiration of the original policy of insurance.
12.12.050: APPLICATION FOR PERMIT: Applications for construction, repair and
excavation permits shall be made at the office of the City Engineer and shall be accompanied by
payment of the permit fee. The application shall state the applicant's name, business or home
address, the applicant's City Right-of-Way Contractor's license number, telephone number, the
location of the construction, the name, address and telephone number of the owner of the
property where such repair or excavation will occur, the date notification was given to all one
number locator services or the owner of any underground public facility as defined under the
Act, and a detailed description of the work to be performed at the location specified. If the
applicant complies with the provisions of this Chapter and the proposed construction, repair or
excavation work complies with this Code and will not endanger public health, safety or welfare,
the City shall issue the permit, provided the City may issue the permit subject to such conditions
as are necessary to protect the public health, safety and welfare. No permit shall be issued to any
person who does not possess all licenses required by state or local law.
12.12.060: PERMIT FEES: The fee for each permit issued pursuant to this Chapter shall
be in an amount set from time to time by Resolution of the Council.
12.12.070: LOCATION PROCEDURE AND NOTIFICATION REQUIREMENTS: The
permittee shall call for utility locates in accordance with the Idaho Code. The permittee
shall also give written or oral notice to the City Engineer or a designated representative not
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chubbuck 120618 ord chap 12.08 & 12.12.wpd
more than seven (7) working days nor less than one (1) working day prior to commencing
construction, repair or excavation. If the permittee, after commencing work, shall cease
construction, repair or excavation for more than one working day, then notice shall again be
given to the City Engineer or a designated representative not more than seven (7) working days
nor less than one (1) working day prior to the time when construction, repair or excavation shall
again commence.
12.12.080: COMPLETION OF WORK AND BACKFILLING: All work shall be
expeditiously performed and completed as soon as reasonably possible. Upon completion of
construction or repair, the permittee shall promptly backfill any street, alley, easement or other
public right-of-way in which permittee has made any excavation and restore all surface
improvements. All work, backfilling, and surface restoration shall be done in accordance with
the drawings and specifications approved by the City. Any survey monuments disturbed shall be
reestablished and remonumented as set forth in the Idaho Code.
12.12.090: TIME TO COMPLETE REPAIRS: Permanent surface repairs shall be completed
by the permittee not later than three (3) days after the excavation has been backfilled, unless
otherwise authorized by the City Engineer or his designated representative. If weather
conditions prohibit permanent repairs, the City Engineer, or a designated representative, may
authorize the use and installation of temporary cold patches. Such temporary cold patches shall
be replaced by the permittee as soon as weather permits.
12.12.100: MAINTENANCE AND SAFEGUARDS: The permittee shall continuously
maintain the construction, repair or excavation site in a safe condition and keep the site free
from any condition that may cause risk of harm to any person or property at all times after the
work has commenced and until all work, including permanent patching, has been completed and
accepted by the City. During such time, permittee also shall provide, install and continuously
maintain proper safeguards, signs and barricades at the construction, repair or excavation site.
Such signs and barricades shall conform to the requirements and standards set forth in the most
recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) published by the
U.S. Department of Transportation, Federal Highway Administration, or any other manual
adopted by the State of Idaho, Department of Transportation, pursuant to the Idaho Code.
12.12.110: WARRANTY OF REPAIRS: The permittee shall warrant to the City the
adequacy and continued satisfactory condition and function of all backfill and permanent
patches installed by permittee or by any agent or employee of permittee for a period of three (3)
year after the completed work has been accepted by the City Engineer. Such warranty shall
extend only to any unsatisfactory condition or function caused by inferior design, workmanship
and materials furnished by permittee or by any agent or employee of permittee.
12.12.120: REPAIRS BY CITY: If the permittee fails to install permanent surface repairs
within three (3) days after completion of backfill, or if the permittee fails to honor the warranty
set forth in the preceding section after demand by the City, the City may complete the work and
make such repairs. If such repairs are completed by the City, the City may charge the cost of the
repairs to the permittee. The cost of repairs shall be based upon the actual charges and cost to
the City of repairs at the time the repair was completed. The permittee shall pay such cost
within thirty (30) days after the City has given written notice to permittee of the cost.
12.12.130: REMEDY FOR NONCOMPLIANCE: If any permittee fails to perform any duty
imposed by this Chapter or if any permittee fails to pay the costs assessed pursuant the
preceding section within the time provided therein, the City, at its option and upon prior written
notice to permittee, may suspend or revoke any contractor's license issued by the City to the
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permittee, cancel or revoke all permits held by the permitted and refuse to issue to the permittee
further permits for construction, repair or excavation in public rights of way or easements of the
City. The City may also make a claim against the permittee's bond.
12.12.140: NO DUTY: Nothing in this Chapter shall be deemed or construed to impose any
private duty or obligation upon the City to properly or accurately locate any utility line or
facility or to ensure that a permittee fully complies with the provisions hereof.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City
and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance
are repealed to the extent of such conflict.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days,
one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective
upon its passage, approval and publication. The provisions Chapters 12.08 and 12.12 themselves
shall go into effect March 1, 2019.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this i qt" -day of December, 2018.
Kevin B. England, R
f)
ATTEST:
Richard Morgan, CITY CLERK
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chubbuck 120618 ord chap 12.08 & 12.12.wpd
SUMMARY OF ORDINANCE NO. 79 /
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
adding Chapter 12.08, Public Right-of-way Contractors License; providing for definitions and
generally requiring any contractor working in the public right of way to have a Public Works
Contractors License issued by the City of Chubbuck; providing for exceptions to the license
requirement; providing definitions; providing an application process; providing all licenses
expire December 31 of the year of issuance; providing for fees, non -transferability and insurance
and bonding; defining duties and responsibilities of all licensees; providing for the suspension
and revocation of licenses; adding Chapter 12.12, Public Right of Way Construction; providing
definitions; requiring a permit; providing exceptions; requiring insurance; providing for an
application process and fees; providing a procedure for location of utilities and notification
requirement; requiring expeditious backfilling and completion of work; providing permanent
surface repairs to be performed within three days of backfilling but providing for exceptions;
providing for maintenance and safeguards; providing for a three year warranty of work; providing
procedures if the city is required to repair warranted work; providing remedies for non-
compliance; providing the city is under no duty; providing for the repeal of conflicting
ordinances; providing for the severability of the provisions of this ordinance; providing when this
ordinance shall be in effect and providing the provisions of Chapters 12.08 and 12.12 shall go
into effect March 1, 2019.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 7 8 / and that the summary provides adequate notice to the public
of the contents of this ordinance.
DATED this i 7 day of December, 2018,
SUMMARY OF ORDINANCE - Page 1
chubbuck 020617 Ord sum cpt 12.08 & 12.wpd