No person shall make, or cause to be made, any excavation upon
any City street or alley or within the right-of-way thereof without
first obtaining a permit from the City Clerk of the City of Ash Grove,
in the manner and in accordance with the provisions for such permits
made and provided hereinafter.
No permit referred to herein shall be issued and no deposit
and fees required herein shall be accepted by the City Clerk of the
City of Ash Grove, unless and until the plans and specifications of
each excavation for which a permit authorized herein shall be requested,
has been submitted to the Public Works Director of the City of Ash
Grove, and the said Public Works Director has approved such plans
and specifications on the form for such purpose provided by the City
Clerk and such plans and specifications have been filed with the City
Clerk, together with the approval thereof, by the Public Works Director.
Every person desiring to make excavation upon any City street
or alley, or within the right-of-way limits thereof, and desiring
a permit therefor, shall pay to the City Clerk of the City of Ash
Grove, for the permit required by this Chapter, a fee of ten dollars
($10.00).
At the completion of any work requiring the excavation upon
any City street or alley, or within the right-of-way limits thereof,
and in no event later than twenty-four (24) hours after such excavation
has been commenced, the person making the excavation, or causing the
same to be made, and in whose name the permit for such excavation
has been issued as provided herein, shall backfill such excavation
with what is commonly referred to and accepted as base material at
the sole expense of the person making such excavation, or causing
the same to be made, and in whose name the permit for such excavation
has been issued. No such backfilling shall be commenced, however,
unless and until the Public Works Director has been notified of the
time and place such backfilling shall be performed and unless and
until such Public Works Director is present at the site thereof to
witness all operations and work in connection with such backfilling.
Such backfilling shall be performed strictly in accordance with the
instructions and directions of the said Public Works Director.
When an excavation has been made upon any City street or alley,
or within the right-of-way limits thereof, pursuant to a permit issued
in accordance with the provisions of this Chapter, and has been opened
to traffic a sufficient length of time to ensure proper settling,
which time shall be at least ten (10) days, the person making such
excavation, or causing the same to be made, and in whose name the
permit for such excavation was issued, shall notify the Public Works
Director of the City of Ash Grove, that the same is ready for final
repair. The Public Works Director of Ash Grove, shall, within a reasonable
time after such notification, inspect the same, and if he/she finds
that such excavation has properly settled to permit final repair,
the said Public Works Director of Ash Grove, shall cause final repairs
and paving or surfacing of such excavation to be performed by the
City of Ash Grove and shall, thereafter and at the completion of such
paving or surfacing, execute a certificate of inspection and approval
of such excavation which shall be submitted to the City Clerk of Ash
Grove, for the return of the deposit made as provided herein upon
the issuance of the permit for such excavation, after payment to the
City Clerk of Ash Grove, for the costs of materials of completing
repair of such excavation and for paving or surfacing the same as
hereinafter provided.
Upon completion of the repairs to excavations, including paving
or surfacing the same, as herein provided, the Public Works Director
of the City of Ash Grove, shall compute the costs of materials to
the City of Ash Grove for the final repair, including paving or surfacing,
of such excavation and upon the completion thereof shall submit a
statement to the person in whose name the permit for such excavation
was issued for the costs of such materials, and such person in whose
name the permit for such excavation had been issued, shall immediately
pay the amount of such statement to the City Clerk of Ash Grove. In
the event the amount of such statement is not paid and satisfied in
full within thirty (30) days after its issuance, the City Clerk of
Ash Grove, shall be authorized to deduct the amount of such statement
from the deposit theretofore made upon the issuance of the permit
for such excavation and refund the balance of such deposit to the
person having made the same after receipt of the certificate of inspection
and approval of the Public Works Director as herein above provided.
In no event shall any deposit made with the City Clerk upon the issuance
of a permit provided herein be refunded to the person making the same
unless and until all charges provided in this Section have been paid
and satisfied in full.
Each person issued a permit for excavations as herein above
provided shall barricade all such excavations in such manner to protect
both pedestrians and vehicular traffic. Such excavations and barricades
shall be lighted at night with danger signals in such a manner that
all traffic will be warned of the existence and location of such excavations
and barricades. All surplus excavation materials, tools or supplies
at the site of the excavation shall be barricaded and lighted at night
in the manner described in this Section.
Each permit issued hereunder shall authorize only one (1) individual
excavation and a separate permit must be obtained for each separate
excavation made upon the City streets or alleys or within the right-of-way
limits thereof within the City of Ash Grove.