[Ord. of 11-2-1971, § 3]
It shall be unlawful for any person to excavate or otherwise
dig in any public thoroughfare, street, alley or other City property
without first obtaining a permit therefor.
[Ord. of 11-2-1971, § 2; Ord.
No. 2004-04 § 1, 2-10-2004]
Any person desiring to excavate or otherwise dig in any public
thoroughfare, street, alley or other City property for any purpose
whatsoever shall file a written request application which shall set
out in detail the specifications of the proposed excavations along
with the specific area in which such excavations are to be made. A
minimum of directional boring under the thoroughfares, streets, alleys
or other City property will be required, however City Council may
waive the boring requirement.
[Ord. of 11-2-1971, § 2]
The proposed excavation and area shall be inspected by the Mayor
or a person properly authorized by the Mayor to make said inspection
and written approval or disapproval of the proposed excavation shall
be filed with the City Clerk and shall bear the signature of the person
making the inspection.
[Ord. No. 80-20, § 2, 11-3-1980]
Upon approval of a proposed excavation by the Mayor or other
authorized person, the person desiring to make the excavation shall
pay a permit fee to the City Collector in the amount of one hundred
dollars ($100.00) and shall obtain a receipt therefor.
[Ord. of 11-2-1971, § 2]
The City Clerk shall only issue a permit for a proposed excavation
upon presentation of the receipt from the City Collector, approval
of the proposed excavation by the person inspecting the proposed excavation
and payment of one dollar ($1.00), City Clerk fee for the issuance
of the permit.
[Ord. of 11-2-1971, § 2; Ord.
No. 2009-31 § 1, 8-11-2009]
The person making an excavation shall return and restore the
area within fourteen (14) days of the permit issuance date to in as
good a condition as it was prior to the excavation and shall have
the same inspected by the Street Commissioner, Mayor or a person properly
authorized by the Mayor to make the inspection. For each violation
penalties shall be chargeable to the applicant at a rate of not less
than one hundred dollars ($100.00) per day and not exceeding two hundred
fifty dollars ($250.00) per day for so long as the violation continues.
[Ord. No. 03-85-2004, §§ 1-8, 3-5-1985; Ord. No. 88-24 § 2, 12-13-1988; Ord. No. 2004-30 § 1, 11-9-2004; Ord. No. 2009-18 § 1, 4-14-2009]
A. No individual, firm, corporation, utility department or other entity whatsoever shall make an opening in any street or alley of the City of Lexington, unless the City Clerk has issued a duly authorized permit. A fee of one hundred dollars ($100.00) for said permit shall be required as set out in Section
23-37.
B. Cutting, backfilling and restoring street or alley surfaces shall
be under the supervision of the Street Superintendent or his designee.
The following procedures are to be used when opening streets or alleys:
The street shall be cut twelve (12) inches wider than the trench on
each side. All street and alley crossings shall be backfilled with
one (1) inch size clean MoDot Type I rock, four (4) feet back of curb
to four (4) feet back from the edge of the asphalt. Job excavated
material may be used for compacted backfill (outside of street or
alley right-of-ways) when the job excavated material is finely divided
and free from debris, organic material, cinders or other corrosive
material and stones larger than three (3) inches in greatest dimension.
Large masses of moist, stiff clay shall not be used. Job excavated
material shall be compacted to ninety-five percent (95%) of maximum
density at optimum moisture content as determined by ASTM D698 when
the test is appropriate or to seventy percent (70%) relative density
as determined by ASTM D2049 when that test is appropriate. See reference
drawing street patch details. The concrete should not exceed seven
(7) inches thick with a mix of 3500 PSI with no reinforcing steel,
with a minimum cap of two (2) inches of hot asphalt to street level.
Oil and sealed alleys shall be filled to within two (2) inches of
surface with one (1) inch rock with fines; then filled to surface
with cold mix.
C. The permit holder shall present to the City Clerk the permit card
signed by the Street Superintendent or his representative certifying
as to the completion of the work in accordance with the ordinances
of the City of Lexington.
D. In the event that the work is not approved by the Street Superintendent,
permit holder shall, within three (3) days from the time such notice
of deficiency is given, replace the work in accordance with the conditions
and requirements herein contained and set out further in this Chapter.
In the event of failure to comply with the deficiency notice stating
intent on the part of the City to contract for whatever remedial work
is necessary and required, the permit holder shall be fully, completely,
absolutely and unequivocally liable and shall pay the total cost of
the contract and any other expenses involved in repairing the street
and putting it back in condition as set out herein and in the other
provisions of this Chapter.
E. The permit holder, at his expense, shall maintain at all times during
the progress of the work suitable barricades, fences, signs or other
adequate protection for the public safety, and shall maintain such
danger lights, signals or flagmen as may be necessary to insure safety
to the public. In the event the above safety measures are not complied
with and the City is required to furnish necessary safety devices,
the permit holder will be responsible for indemnity to the City for
all reasonable costs associated therewith.
F. The permit holder shall assume any and all liability in regard to
any excavations and shall execute and deliver his contractual agreement
wherein he indemnifies the City and holds the City of Lexington free
from damages in any manner.
G. The permit holder shall, as a condition precedent to receiving his permit to open the street, be required to execute and deliver to the City of Lexington, his full and satisfactory performance bond in cash or corporate surety in an amount sufficient to reasonably insure the proper, effective and successful completion of the project and assuring the City of his complete and absolute financial responsibility for replacement and repair of the street as set out in Section
23-39 of the ordinances of Lexington and in this Chapter. Posting of the performance bond is a condition precedent to the receipt of a permit under this Section and is required prior to opening a basic area five (5) feet by five (5) feet in dimension as well as an additional ditch tract of two feet (2) by twelve and one-half (12 1/2) feet in dimension. The opening of additional area will require posting of additional bond in accord with the provisions of this Section. Bonds required to be posted shall substantially comply with the following schedule:
1. For excavation or cutting a concrete or brick street, the sum of
five hundred dollars ($500.00) plus five dollars ($5.00) for each
linear foot over the basic area; and
2. For excavation or cutting an asphalt, black top, oil top, hot mix
or macadam surface, the sum of two hundred fifty dollars ($250.00)
plus three dollars ($3.00) for each linear foot over the basic area;
and
3. For excavation or cutting a gravel, dirt or shale street, the sum
of one hundred twenty-five dollars ($125.00) plus one dollar fifty
cents ($1.50) for each linear foot over the basic area.