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HomeMy WebLinkAbout4199-10/14/1996 ORDINANCE NO. 4199 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY: REPEALING SECTION 35-6, LICENSE REQUIRED; EXCEPTIONS ENUMERATED; ANNUAL FEE; LICENSE YEAR; AND SECTION 35-10, BOND REQUIRED; AMOUNT; TERMS AND CONDITIONS, OF DIVISION 3, TREE TRIMMERS, OF ARTICLE II, TREES AND SHRUBS, OF CHAPTER 35, VEGETATION; AND ENACTING IN LIEU THEREOF A NEW SECTION 35-6, LICENSE REQUIRED, EXCEPTIONS ENUMERATED; ANNUAL FEE; LICENSE YEAR; AND A NEW SECTION 35-10, CERTIFICATE OF INSURANCE REQUIRED; AMOUNT; TERMS AND CONDITIONS, OF DIVISION 3, TREE TRIMMERS, OF ARTICLE II , TREES AND SHRUBS, OF CHAPTER 35, VEGETATION. BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 35-6, License required; exceptions enumerated; annual fee; license year; and Section 35-10, Bond required; amount; terms and conditions, of Division 3 , Tree Trimmers, of Article II, Trees and Shrubs, of Chapter 35, Vegetation, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; that a new Section 35-6, License required; exceptions enumerated; annual fee; license year; and a new Section 35-10, Certificate of insurance required; amount; terms and conditions, of Division 3 , Tree Trimmers, of Article II, Trees and Shrubs, of Chapter 35, Vegetation, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows: Sec. 35-6. License required; exceptions enumerated; annual fee; license year. No person shall engage in the business of removing, cutting or trimming of trees in the city without first obtaining the required license. The license shall allow the removing, cutting and trimming of trees on both private and public property. The license shall be issued upon payment of an annual license fee of fifty dollars ( $50.00) and upon proof of certificate of insurance and coverage for workman' s compensation. License fees shall be due and payable on the first day of April each year. The above shall not apply to the following cases: 1. Any governmental body or official representative of such while in pursuit of official duties; 2. Persons trimming trees on their private property; 3. Any person performing labor or services on or in connection with trees at the direction and/or under the personal supervision of a licensed tree trimmer. 4 . Any person performing trimming adjacent to his or her private property as defined in Section 35-1. Sec. 35-10. Certificate of insurance required; amount; terms and conditions. ( a) Certificate required; limits: ( 1) Any person, before engaging in the business or occupation of removing, cutting or trimming trees in the city, shall file with the city clerk a certificate of insurance written by a company authorized to transact business in the State, in limits of not less than three hundred thousand dollars ( $300,000.00) combined single limit to any person and one hundred thousand dollars ( $100,000.00) BOOK 324PAGE927 Ordinance No. 4199 Page 2 property damage; said certificate to be written on a standard form and carrying an endorsement naming the City and its employees as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contractor by any ordinances, rules and regulations of the City. It shall be a further condition of said certificate of insurance that the obligator will hold the City harmless from any and all damages sustained by reason of neglect or incompetency on the part of such contractor, his/her agents or employees in the performance of the work done under a license or permit issued upon the filing of said certificate. ( 2) Said certificate of insurance shall be issued by April 1 of each year, and shall be refiled on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said certificate of insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. INTRODUCED: October 14, 1996 PASSED 1ST CONSIDERATION: October 14, 1996 PASSED 2ND CONSIDERATION: October 14, 1996 PASSED 3RD CONSIDERATION: October 14, 1996 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 14th day of October, 1996, and approved by the Mayor on the 16th day of October, 1996. John R. 'o. f, Mayor ATTEST: Nany EckOrt, Deputy City Clerk CERTIFICATE I, Nancy Eckert, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No.. 4199, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 14th day of October, 1996. Witness my hand and seal of office this 16th day of October, 1996. Mi sc anc Eck rt, Deputy C' 1 rk sEAL` INDEX A,O 0 MARGIN ,; « PROO `.` COMPAREP��-- Bt,AC<HAWK NWA',88 Flied for recd 9 at 324 3:00 P.��. and ;recorded )n kR, of . ..,_..._..R P�41///0.._ � - 1-4? O _,�,...,�.Recorder CITY OF WATERL09-- CLERK/AUDITOR BOOK 324 928 FORM I 1 T. STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal Waterloo, City of Black Hawk County, Ordinance no. 4199 ORDINANCE NO.4199 • AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO,IOWA, BY:REPEALING SECTION 35-6, LICENSE REQUIRED; EXCEP- TIONS ENUMERATED;ANNUAL FEE;LICENSE YEAR;AND SEC- TION 35-10, BOND REQUIRED; AMOUNT; TERMS AND CONDI- notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in TIONS, OF DIVISION 3, TREE TRIMMERS, OF ARTICLE- II, TREES AND SHRUBS,OF CHAP- Waterloo, County, commencing TER 35, VEGETATION; AND Black Hawk Iowa,once on the 21St ENACTING IN LIEU THEREOF A NEW SECTION 35-6, LICENSE REQUIRED, EXCEPTIONS ENU- day of19 96 in the name of MERATED; ANNUAL FEE; November LICENSE YEAR;4ND.A NEW SECTION 35-10,CERTIFICATE OF INSURANCE REQUIRED; AMOUNT; TERMS AND CONDI- newspaper,said news a er, and that the annexed rate of advertised is the regular legal rate of said TIONS, OF DIVISION 3, TREE TRIMMERS, OF ARTICLE II, TREES AND SHRUBS,OF CHAP- newspaper, p g TER 35,VEGETATION. and that the followingis a correct bill for publishing said notice. BE IT HEREBY ORDAINED BY. THE CITY COUNCIL OF THE CITY: OF WATERLOO,IOWA: Printer's Bill$42.28 That Section 35-6, License reguired;exceptions enumerated; annual fee;license year;and Sec- tion 35.10,Bond required;amount; • terms and conditions,of Division 3, Tree Trimmers,of Article II, Trees P/ and Shrubs,of Chapter 35,Vegeta- tion, of the 1993 Code of Ordi- .1 # nances of the City of Waterloo, .. ,1✓�/ Iowa,are hereby repealed in their entirety; that a new Section 35- Signed 6, License required;exceptions enumerated; annual fee; license year; and a new Sectiqu ; Certificate of insurance required; amount; terms and conditions,of Subscribed and sworn to before me this �(] Division 3,Tree Trimmers,of Article 1// day of II,Trees and Shrubs,of Chapter 35, Vegetation, of the 1993 Code of / 96" - Ordinances of the City of Waterloo, -- Iowa,are hereby enacted in lieu • A.D., 19 thereof as follows: Sec. 35-6. License reguired; exceptions enumerated;annual fee; license year. Noserson shall engageo the bu - • ne Hess of removing,cutting or trim- ming of trees in the city without first obtaining the reguired license. The license shall allow the removing, Notary Public cutting and trimming of trees on both private and public property. The license shall be issued upon payment of an annual license fee of fifty dollars($50.00)and upon proof of certificate of insurance and coy- Received of ' erage for workman's compensation. License fees shall be due and payable on the first day of April each year. The above shall not appy to the fol- lowing cases: 1. Any governmental body or offi- the sum of cial representative of such while in pursuit of official duties; 2. Persons trimming trees on their - private property; 3. •Any person performing labor or services on or in connection Dollars with trees at the direction and/or under the personal supervision of a in full for publication of the above notice. licensed tree trimmer. 4. Any person performing trimming adjacent to his or her private prop- erty as defined in Section 35-1. Sec.35-10. Certificate of insurance required;amount;terms and condi- tions. (a)Certificate reguired;limits: (1) Any person,before engaging in the business or occupation of removing,cutting or trimming trees in the city,shall file with the city clerk a certificate of insurance writ- ten by a company authorized to transact business in the state, in limits of not less than three hundred thousand dollars ($300,000.00) combined single limit to any person and one hundred thousand dollars ($100,000.00) property damage; said certificate to be written on a standard form and carrying an endorsement naming the City and its employees as additional insureds as Is interest may appear and conditioned upon the faithful performance of all duties required of such contractor by any ordi- nances,rules and regulations of the City. It shall be a further condition