ORDINANCE NO. 122-14 – 8/22

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ORDINANCE NO.  122-14

AN ORDINANCE APPROVING TEXT AMENDMENTS TO SECTIONS 1.1 AND 1.2 OF THE PUBLIC WORKS MANUAL OF THE CITY OF OPELIKA

WHEREAS, pursuant to Ordinance No. 125-91, the City of Opelika, Alabama (the “City”) adopted a Public Works Manual (the “Public Works Manual”) for the purpose of prescribing regulations for the construction and/or installation of streets, sanitary sewers, storm drainage systems, sidewalks and other public improvements; and

WHEREAS,  the Planning Director, the Public Works Director and the City Engineer have proposed certain text amendments to amend Sections 1.1 and 1.2 of the City’s Public Works Manual; and

WHEREAS, the City Council hereby finds and determines that the proposed amendments should be approved for the incorporation into the Public Works Manual.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama, as follows:

Section 1. That Section 1.1 of the Public Works Manual is hereby amended to read as follows:

1.1 AUTHORITY

From and after the date of adoption, the regulations contained herein shall be known as the City of Opelika Public Works Manual.  Said regulations shall govern design and construction standards for public facilities involving streets, alleys, sidewalks, bridges, storm water drainage, sanitary sewer and other public infrastructure within the corporate limits of the City of Opelika and its planning jurisdiction. These regulations supersede any and all regulations in conflict with any part of these regulations or public works performed by the City or intended for public maintenance.

Any owner of land within the limits of said jurisdiction as stated above wishing to develop or improve his property in such a way as to require any construction improvements regulated herein, shall submit plans and specifications as required to the City Engineer and City Public Works Director for their review and approval.  No such improvements shall be accepted for public maintenance unless constructed to the standards contained herein and accepted and approved by the City Engineer and City Public Works Director.

If any approved improvements are not completed and accepted for maintenance by the City of Opelika within two (2) years from the date of plan approval by the City Engineer and City Public Works Director; then the plans must be resubmitted to the City Engineer and City Public Works Director for approval prior to construction.  All improvement plans submitted for approval must comply with current Public Works Manual requirements.

Section 2. That Section 1.2 of the Public Works Manual is hereby amended to read as follows:

1.2 PENALTIES

Failure to comply with these regulations will result in the denial of acceptance for maintenance by the City of Opelika until such improvements comply with the requirements contained herein.  In addition, no utilities shall be connected, no building permit, certificate of occupancy, or equivalent shall be issued until such time as the improvements have been approved by the City Engineer and City Public Works Director and accepted by the City of Opelika.

Section 3. That unless specifically amended or changed herein, all other provisions

of the Public Works Manual shall remain in full force and effect.

Section 4. That this Ordinance shall take effect upon its adoption, approval and publication as required by law.

Section 5. That this Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED by the City Council of the City of Opelika, Alabama, on this the 19th day of August, 2014.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 20th day of August, 2014.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 20th day of August, 2014.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/R. G. Shuman

CITY CLERK

Legal run 8/22/14

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