City of Lexington, MO Article IV Excavations

SECTION 23-34 Permit Required.

[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.

SECTION 23-35 Written Application to be Filed Prior to Making Excavation; Contents of Request.

[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.

SECTION 23-36 Inspection of Proposed Excavation; Approval or Disapproval.

[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.

SECTION 23-37 Permit Fee.

[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.

SECTION 23-38 Issuance of Permit.

[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.

SECTION 23-39 Restoration of Surface; Inspection.

[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.

SECTION 23-40 Cutting of Streets; Requires a Bond and/or Security Deposit for Repair and Restoration; Standards for Restoration; Penalty Provision.

[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.

	STREET PATCH DETAIL

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.