[Adopted 7-22-1993 as Title 6, Ch. 1, of the 1993 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 City Engineer, and the same recorded by the
City Clerk-Treasurer in his 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.[1]
B.
New sidewalk grade. 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 and 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 Marion by any
means whatsoever unless authorized or instructed to do so by the Common
Council or Street Superintendent. All such alterations of grade shall
be recorded in the office of the City Clerk-Treasurer.
A.
Elevation. The grade or elevation of all underground construction
shall be a minimum of three feet below the established grade of the
street, alley, park, public property or easement. The three feet 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 Common Council or Street
Superintendent.
C.
Filing plans. Complete plans for any such construction must be filed
with and be approved by the Common Council or Street Superintendent
before construction can begin.
D.
Inspection. On request of the Common Council or Street Superintendent,
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 Common Council or Street Superintendent and in accordance with
its directions and specifications.
F.
Establishment of grade. At the request of the utility company, the
Common Council or Street Superintendent 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 Common Council or Street Superintendent 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 §§ 530-5 and 530-6.
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 travelway 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.
