[Ord. No. 847 §1, 12-9-1993]
For the purpose of this Chapter the term "street cut" shall include any opening and excavation in any public street, alley,
park, right-of-way or other public premises owned by or under the
control of the City.
[Ord. No. 847 §2, 12-9-1993]
A. No person
or entity shall submit an application for a street cut permit without
first paying to the City Collector for Mound City a five dollar ($5.00)
permit fee for each proposed street cut.
B. No person
or entity shall cause a street cut to occur without first (1st) paying
to the City Collector for Mound City a cash bond for each street cut
to be held by the City for the purpose of abating any costs incurred
by the City for remedial work which shall include, but not be limited
to, erosion and/or deterioration caused by weather or ordinary wear
and tear occurring within one (1) year following the final inspection
and approval of said street cut. Within a reasonable time after the
one (1) year anniversary date of the final inspection and approval
of said street cut, the City Collector shall return to said person
or entity any remaining balance of said bond fund.
[Ord. No. 847 §3, 12-9-1993]
The City Collector shall first collect from any person or entity
receiving a street cut permit a separate construction cash bond for
each proposed street cut of no less than two hundred fifty dollars
($250.00); provided however, that the City Officer overseeing street
cuts shall first review the street cut application and depending on
the street width, conditions of subgrade, lay or contour of land,
width and length of street cut, street material or other extraordinary
conditions, the City Officer may require a construction cash bond
in excess of the two hundred fifty dollar ($250.00) minimum bond for
each separate street cut, but in no event shall said bond exceed the
sum of one thousand dollars ($1,000.00).
[Ord. No. 847 §4, 12-9-1993]
A. No person
or entity shall make a street cut without first making an application
in writing to the City Collector on a form to be provided in triplicate
by the City Collector showing the approximate location of the street
cut and stating the purpose of same. One (1) copy of said application
form shall be signed by the Collector and returned to the applicant,
one (1) copy shall be provided to the City Officer overseeing street
cuts for his/her approval or disapproval and one (1) copy shall be
maintained on file by the City Collector.
B. The City
Officer overseeing street cuts shall have at least three (3) days
after receipt of said application for a street cut, exclusive of Saturday,
Sunday and holidays, to approve or disapprove the proposed street
cut and to determine the construction cash bond required for same.
C. If the
street cut application is approved, the same shall be so certified
on the application form and the applicant shall pay to the City Collector
the construction cash bond in the sum so determined by the City Officer
and upon receipt of same, the City Collector or appropriate City Officer
shall issue a street cut permit to the applicant.
D. If the
street cut application is not approved, the same shall be so certified
on the application form and any fees paid by the applicant shall be
refunded or the applicant may appeal said decision to the Mayor and
the Board of Aldermen by giving written notice of same to the City
Clerk. Said notice of appeal must be made by the applicant within
three (3) days after the applicant's receipt of notice of disapproval.
Upon the City's receipt of applicant's notice of appeal. A hearing
for said purpose shall be held within thirty (30) days after receipt
of such notice of Appeal. After hearing the applicant's protest, the
Mayor and the Board of Aldermen shall make a ruling regarding same
and their decision shall be binding.
[Ord. No. 847 §5, 12-9-1993]
Upon the closing of any street cut and as soon thereafter as
reasonably possible, each street cut shall be inspected by the appropriate
City Officer for compliance with the terms of this Chapter and final
approval. In the event that said street cut closing fails to be approved,
the person or entity making the street cut shall be responsible for
correcting same as necessary to comply with the terms of this Chapter
and to receive final approval by the City.
[Ord. No. 847 §6, 12-9-1993]
No street cut shall remain open or under construction for a
period of more than five (5) days; provided however, that the appropriate
City Officer may allow for extensions of no more than two (2) days
at a time. No street cut shall remain open or under construction over
any Saturday or Sunday or any holiday, unless so authorized by the
appropriate City Officer.
[Ord. No. 847 §7, 12-9-1993]
Each street cut shall be barricaded and identified with lights
and/or smudge pots as so required by the appropriate City Officer.
The person or entity responsible for the street cut shall be responsible
for providing the required barricades, lights and/or smudge pots.
Failure to provide same shall be a violation of this Chapter.
[Ord. No. 847 §8, 12-9-1993]
A. Street
cuts must be sawed for a smooth edge.
B. Any sewer
and/or water line street cut must be at a minimum two (2) foot wide
and compacted by a compactor on every six (6) inches of fill until
the excavation is six (6) inches from the roadway or other surface
and thereafter filled with the same material such as dirt, rock, asphalt
mix or concrete as consistent with the surrounding surface material.
C. Any work
utilizing a trencher shall be hand compacted each six (6) inches of
fill until the surface of the excavation is reached and thereafter
filled with the same material such as dirt, rock, asphalt mix or concrete
as consistent with the surrounding surface material.
D. All work
must be completed so as to restore the street cut area in a manner
consistent with the surrounding surface area and to the satisfaction
of the City.
[Ord. No. 847 §9, 12-9-1993]
Under extenuating circumstances such as unusual street width,
conditions of subgrade, lay or contour of land, development of new
materials or methods or other unforeseeable conditions, the Mayor
may, on the recommendation of the appropriate City Officer, waive
any restrictive construction requirements specified in this Chapter
when such deviation would not be detrimental to the City.