[Adopted as Title 6, Ch. 1, of the former City Code]
Grades to be established. The grade of all streets, alleys and sidewalks shall be established by resolution by the Common Council, upon the recommendation of the Director of Public Works, and the same recorded by the City Clerk in his/her office. No street, alley or sidewalk shall be worked until the grade thereof is established. In all cases where the grade of sidewalks shall not have been specifically set by resolution, the sidewalks shall be laid to the established grade of the street. All such grades heretofore established are hereby confirmed. In the alternative to this procedure, grades may be established by a developer's agreement.
Sidewalk grades. Whenever a street shall be improved for the first time or the grade thereof changed and the street improved so as to conform to the new grade, the grading of the sidewalk shall be considered a part of the improvement, shall be let by contract with the other work of improving such street, and the expense thereof shall be provided for and borne in all respects like that of improving the street, but the construction shall be done by the owners of the abutting lots or parcels of land or at their expense as hereinafter provided. Before such construction is commenced by the owners of the abutting lots or parcels of land, the Common Council, or its designee, shall, upon application by the respective owners for a sidewalk grade, cause such sidewalk grade to be established.
No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof in the City of Prescott by any means whatsoever unless authorized or instructed to do so by the Common Council or Director of Public Works. All such alterations of grade shall be recorded in the office of the City Clerk.
Elevation. The grade or elevation of all underground construction shall be a minimum of 30 inches below the established grade of the street, alley, park, public property or easement. The 30 inches shall be measured between the top of the established grade and the top of the underground construction.
Approval of location. The location of any and all such underground construction must have the approval of the Director of Public Works.
Filing plans. Complete plans for any such construction must be filed with and be approved by the Director of Public Works before construction can begin.
Inspection. On request of the Director of Public Works, the utility company must provide opportunity for City officials to check any construction before it may be covered.
Conflict with other utilities. If the grade or elevation herein set for the underground construction of utilities shall, in any instance, conflict with other existing utilities, the utility shall be required to lower the elevation of its underground construction at the election of the Director of Public Works, and in accordance with its directions and specifications.
Establishment of grade. At the request of the utility company, the Director of Public Works shall, at the City's expense, give the utility company an established grade on any streets, alleys, public parks or easements where it proposes to install underground utilities.
Emergency. In case of an emergency, when immediate action is necessary in order to protect life or property, the utility company may proceed with underground construction subject to obtaining the approval of such work by the Director of Public Works as soon thereafter as is reasonably possible.
Restoration of surface. In the event of any such underground construction, the utility company shall leave the surface of the ground, or road, in the same condition as before said work was commenced, and in the event of its failure so to do, the City may proceed to place the surface of the ground or street in such condition at the utility company's expense. Such work shall comply with the provisions of §§ 506-6 and 506-7.
Nonrelief from obligations. Compliance with this section does not relieve the utility company from any responsibility of any kind whatsoever by reason of the widening of the travel way, or any other improvements, which may become necessary; nor does it relieve it from any liability of any kind or nature whatsoever. Compliance with this section shall not relieve the utility company from the responsibility or obligation of removing, relocating or moving any of its mains, pipes or property due to the opening, widening or improving of streets or due to any other changes which may occur by reason of which such moving, relocation or removing may be necessary.