[R.O. 2011 §530.200; Code 1967 §21-17; CC 1975
§27-19]
It shall be unlawful for any person to excavate, open or dig
into, over, along or under any street, avenue, alley or thoroughfare,
or the pavement of any paved street or the sidewalk or curb of any
street, avenue, alley or thoroughfare in the City, for the purpose
of making connections with or repairs to any water, gas, oil or sewerage
pipes or mains laid beneath the surface of such street, avenue, alley
or thoroughfare or for any other purpose, without first having obtained
a permit to do so from the City Administrator or City Engineer.
[R.O. 2011 §530.210; Code 1967 §21-18; CC 1975
§27-20]
Any person seeking to excavate or dig into any of the streets, avenues, alleys or thoroughfares in the City for any purpose provided for in Section
530.110, shall, before so doing, make a written application to the City Administrator or City Engineer, giving the location, width, length and depth of such excavation and the purpose for which the excavation is to be made.
[R.O. 2011 §530.220; Ord. No. 90-10 §1, 2-14-1990; Ord. No. 91-2 §1, 1-9-1991]
A. It shall be the duty of the City Administrator, Building Inspector or Street Supervisor, upon the application of any person for a permit to excavate, open or dig into any street, avenue, alley, or thoroughfare in the City, for any purpose provided in Section
530.110, to obtain a sworn statement as to the maximum square feet of the surface of such street, avenue, alley, thoroughfare and to determine the cost of such permit according to information on the forms, Application for Right-of-Way Excavation Permit and Right-of-Way Permit available at City Hall or on-line at trentonmo.com.
B. The City
Administrator, Building Inspector or Street Supervisor shall determine
and instruct the person seeking the permit on the best method of making
the excavation or opening, and on concrete, brick, asphalt, paved
or hard surface streets, alleys, sidewalks or curbs, any excavations
or openings shall be made by using an appropriate saw.
C. Any property
owner performing work or for whom work is performed necessitating
the issuance of a permit under this Article shall be notified of the
actual cost for the issuance of such a permit by the City Administrator,
Building Inspector, or Street Supervisor. In consideration of the
granting of said permit, the permittee shall indemnify and hold the
City, its officers, agents, and employees, harmless from any and all
claims, demands, actions or causes of action arising from the performance
or non-performance of any duties or obligations created as a result
of the issuance of such a permit, including, but not limited to, compliance
with all existing City ordinances. As further consideration for and
as a prerequisite to the issuance of a permit hereunder, the owner
or contractor shall provide the City with evidence of general contractor's
liability insurance coverage or other appropriate insurance coverage
acceptable to the City in amounts deemed sufficient by the City to
protect it from liability which may arise as a result of any construction
activities performed pursuant to the permit.
[R.O. 2011 §530.230; Code 1967 §21-20; CC 1975
§27-22]
Before any permit is issued by the City Administrator or City Engineer as provided in Section
530.130, the parties seeking to make such excavation in such street, avenue, alley or thoroughfare shall pay to the City and deposit in cash with the City Administrator or City Engineer the amount determined by Section
530.130.
[R.O. 2011 §530.240; Code 1967 §21-21; CC 1975
§27-23]
All funds received by the City Engineer for permits for the
excavation of or digging into the streets, avenues, alleys or thoroughfares
in the City, as provided in this Article, shall be deposited in the
City Depository in a special account to be known as the Street Replacement
Fund.
[R.O. 2011 §530.250; Code 1967 §21-22; CC 1975
§27-24]
It shall be the duty of the City Engineer to supervise the Street
Supervisor and Street Department, during such times as there shall
be appointed a City Engineer and a Street Supervisor, and during such
times as such Officers shall not be appointed, it shall be the duty
of the City Administrator to supervise the Street Department, in making
repairs to all excavations. The making of such repairs shall be done
according to the plans and profile thereof as furnished by the City
Administrator or City Engineer. The repairs shall be so made as to
leave the street, avenue, alley or thoroughfare, and the sidewalk,
curbing and paved portions thereof, in as good condition as when entered
upon by the party doing such excavation. When the street, avenue,
alley or thoroughfare has been repaired, the Street Supervisor shall
furnish to the City Engineer an itemized account of the total cost
of the repairs thereto, including the cost of all materials and labor
and the supervision cost of the Street Supervisor and of the City
Engineer; provided, that when such officers have not been appointed,
it shall be the duty of the City Administrator to furnish such accounts.
It shall be the duty of the City Administrator or City Engineer, as
applicable, to certify to the City Clerk the amount of the total cost
of the repairs and the amount due to the party by whom the deposit
was made, and it shall then be the duty of the City Clerk to draw
and execute a warrant on the Street Replacement Fund for the difference
between the cost of such repairs and the amount of the deposit and
deliver the warrant to the person by whom the deposit as provided
in this Article was made.
[R.O. 2011 §530.260; Code 1967 §21-23; CC 1975
§27-25]
Any person who shall excavate, open or dig into any street, alley, thoroughfare, sidewalk or curbing in the City shall refill such excavation and compact the same to ninety-five percent (95%) of original compaction and notify the City Administrator or City Engineer of such conditions. Thereafter, the City shall resurface the disturbed portion of the street, in the manner and to the extent to replace it in its original condition as provided by Section
530.160.
[R.O. 2011 §530.270; Code 1967 §21-24; CC 1975
§27-26; Ord. No. 2449 §§1
— 2, 4-2-1969]
No person shall make any excavation within the right-of-way
for Route 6 inside the City, Route 65 from north City limits station
702+60 southerly to south City limits station 722+26 or Route AA from
existing Route 65 and AA easterly to station 15+55, without first
obtaining from the proper agent or representative of the State Highways
and Transportation Commission a permit for the particular work, and
any person performing any such work under a permit obtained from such
agent or representative of the State Highways and Transportation Commission
shall perform such work only in accordance with the terms thereof.
Any person who violates the terms of this Section shall be deemed
guilty of an ordinance violation.