[Adopted as Title 6, Ch. 1, of the former City Code]
A.
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.[1]
B.
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.
A.
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.
B.
Approval of location. The location of any and all such underground
construction must have the approval of the Director of Public Works.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
