Cross Reference — As to public right-of-way use regulations, §640.070 et seq.
[Ord. No. 1139 §1, 4-12-1993]
It shall be unlawful for any person, firm or corporation to
tunnel under or to make any excavation in any street, alley or other
public place in the City without having obtained a permit as is required
by this Chapter or without complying with the provisions of this Chapter
or in violation of or variance from the terms of any such permit.
[Ord. No. 1139 §1, 4-12-1993; Ord. No. 1148 §1, 5-24-1993]
A.
Applications
for permits required by this Chapter shall be made to the City Clerk
on a form to be obtained from the City Clerk and shall describe the
location of the intended excavation or tunnel, the size thereof, the
purpose therefor, and the person, firm or corporation doing the actual
excavating work and the name of the person, firm or corporation for
whom or which the work is to be done; and shall contain an agreement
that the applicant will comply with all ordinances and laws relating
to the work to be done, including but not limited to the provisions
of this Chapter.
B.
After
filing of such application with the City Clerk, the City Administrator
shall review the same and determine if the application and the work
described therein conform to the requirements of this Chapter and
other applicable provisions of law or ordinance. If the City Administrator
finds such application to be in order, he shall promptly issue the
permit requested by the applicant. If the City Administrator finds
the application to indicate any irregularity for which the permit
must be denied, he shall promptly inform the applicant of such denial
and state the reasons therefor.
C.
In the
event of the temporary absence of the City Administrator from the
City of Hermann or a vacancy in the office of City Administrator,
the duties and authority imposed upon the City Administrator by this
Chapter shall be exercised during such absence or vacancy by the Water
and Sewer Superintendent or Street Superintendent, with respect to
excavations or other applicable work within their respective areas
of responsibility.
[Ord. No. 1139 §1, 4-12-1993]
A.
No such
permit shall be issued unless and until the applicant therefor has
filed with the City Clerk either of the following alternate means
of financial security:
1.
A bond
in the amount of ten thousand dollars ($10,000.00) executed by the
applicant as principal and
a.
Underwritten
by a corporation licensed to do business in the State of Missouri
as a surety company, or
b.
Secured
by the deposit of cash by such applicant with the City Collector;
conditioned to indemnify the City for any loss, liability or damage
that may result or accrue from or because of the making, existence
or manner of guarding or constructing any such tunnel or excavation;
or
2.
A certificate
of insurance issued by an insurance company licensed to do business
in the State of Missouri, certifying that the applicant is the insured
in a general liability or protective liability insurance policy or
policies sufficient to protect the City against claims for damages
because of bodily injury or death of any person, and because of claims
for damages for injury to or destruction of tangible property including
loss of use resulting therefrom, and specifically including any property
of the City; and against any and all other claims, demands, causes
of action, expenses of suit, and other costs of any type which are
ordinarily and customarily insured by general public liability and
property damage insurance policies underwritten in the State of Missouri.
Said policy or policies of liability insurance shall provide such
insurance in amounts of not less than one hundred thousand dollars
($100,000.00) for injury, including death, to any one person, not
less than three hundred thousand dollars ($300,000.00) for all personal
injuries, including death, in any one accident or occurrence, and
not less than one hundred thousand dollars ($100,000.00) for property
damage in any one accident or occurrence. Said policy or policies
of insurance shall contain a provision that such insurance may not
be canceled by the issuer thereof without not less than ten days (10)
advance written notice to City and the applicant.
[Ord. No. 1139 §1, 4-12-1993; Ord. No. 1651 §1, 2-12-2007]
No permit authorizing the excavation within any paved street,
alley, or other public place shall be issued unless and until the
applicant therefor has deposited with the City Clerk a cash payment
in the sum of three hundred fifty dollars ($350.00), to reimburse
the City for the cost of the replacement by the City of the pavement
removed or damaged during such excavation.
[Ord. No. 1139 §1, 4-12-1993]
A.
It shall
be unlawful to make any such excavation or tunnel in any way contrary
to or at variance with the terms of the permit therefor. Proper bracing
shall be maintained to prevent the collapse of adjoining ground. Excavations
shall not extend anywhere below the surface beyond the opening at
the surface.
B.
No injury
shall be done to any pipes, cables or conduits in the making of such
excavations or tunnels; and notice shall be given to the persons maintaining
any such pipes, cables or conduits or to the City department or officer
charged with the care thereof, which are or may be endangered or affected
by the making of any such excavation or tunnel before such pipes,
cables or conduits shall be disturbed.
C.
No unnecessary
damage or injury shall be done to any tree or shrub or the roots thereof.
[Ord. No. 1139 §1, 4-12-1993]
If any sidewalk is blocked by any such work, a temporary walkway
shall be constructed or provided which shall be safe for travel and
convenient for users. The temporary walkway is subject to inspection
by the Street Superintendent and shall not be open for use until approved
by him.
[Ord. No. 1139 §1, 4-12-1993]
Any person, firm or corporation making any excavation or tunnel
in or under any public street, alley or other public place in the
City shall restore the surface to its original condition if there
was no pavement prior to the excavation. Backfills shall be properly
compacted using a mechanical tamper, and any bracing in such tunnel
or excavation shall not be left in the ground.
[Ord. No. 1139 §1, 4-12-1993]
The Street Superintendent shall from time to time inspect or
cause to be inspected all excavations and tunnels being made in or
under any public street, alley or other public place in the City to
see to the enforcement of the provisions of this Chapter. Notice shall
be given to the Superintendent at least four (4) hours before the
work or refilling of any such tunnel or excavation commences.
[Ord. No. 1139 §1, 4-12-1993]
A.
It shall
be the duty of every person cutting or making an excavation in or
upon any public place to place and maintain barriers and warning devices
necessary for safety of the general public.
B.
The permittee
shall take appropriate measures to assure that during the performance
of the excavation work, traffic conditions as near normal as possible
shall be maintained at all times so as to minimize inconvenience to
the occupants of the adjoining property and to the general public.
C.
Warning
signs shall be placed far enough in advance of the construction operation
to alert traffic within a public street, and cones or other approved
devices shall be placed to channel traffic, all in accordance with
the instructions of the Street Superintendent.
[Ord. No. 1139 §1, 4-12-1993]
The excavation work shall be performed and conducted, insofar
as possible, so as not to interfere with access to fire hydrants,
fire stations, fire escapes, water gates or stops, underground vaults,
valve housing structures, and all other vital equipment as designated
by the Street Superintendent.
[Ord. No. 1139 §1, 4-12-1993]
A.
The permittee
shall not interfere with any existing utility facility without the
written consent of the City Administrator or his designee. If it becomes
necessary to relocate an existing facility, the work shall be done
by its owner. No facility owned by the City shall be moved to accommodate
the permittee unless the cost of such work be borne by the permittee.
The cost of moving privately owned facilities shall be similarly borne
by the permittee unless it makes other arrangements with the person
owning the facility.
B.
The permittee
shall support and protect by timbers or otherwise all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work and shall do everything necessary to support,
sustain and protect such components under, over, along or across said
work. The permittee shall secure approval of the method of support
and protection from the owner of the facility. In case any of said
pipes, conduits, poles, wires or apparatus shall be damaged, the permittee
shall promptly notify the owner thereof. All damaged facilities shall
be repaired by the agency or person owning them and the expense of
such repairs shall be charged to the permittee. It is the intent of
this Subsection that the permittee shall assume all liability for
damage to facilities and any resulting damage or injury to anyone
because of such facility damage, and such assumption of liability
is a contractual obligation of the permittee. The only exception will
be such instances where damage is exclusively due to the negligence
of the owner of the utility.
C.
The permittee
shall inform himself or itself as to the existence and location of
all underground facilities and protect the same against damage. The
permittee may apply to the City for an employee to determine and inform
the permittee of the location of any such utility facilities, in which
event the City shall cause such facilities to be located for the permittee
within forty-eight (48) hours after the request.
[Ord. No. 1139 §1, 4-12-1993]
The permittee who causes or who contributes to the causation
of any damage to City utility lines or facilities or who requests
the relocation or removal thereof as provided in this Chapter shall
pay according to the following fee schedule for all necessary repairs,
replacements or relocations performed by the City:
|
Labor
|
City's actual wage cost + 25%
|
|
Equipment use
|
Prevailing commercial rental rate for comparable equipment
|
|
Materials
|
City's replacement cost + 10%
|
[Ord. No. 1139 §1, 4-12-1993]
The permittee shall at all times and at his or its own expense
preserve and protect from injury any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property it is necessary to enter
upon private property for the purpose of taking appropriate protecting
measures, the permittee shall obtain consent from the owner of such
private property for such purpose. The permittee shall, at its own
expense, shore up and protect all buildings, walls, fences, or other
property likely to be damaged during the progress of the excavation
work and shall be responsible for all damage to public or private
property or highways resulting from its failure properly to protect
and carry out said work. Whenever it may be necessary for the permittee
to trench through any lawn area, said area shall be reseeded or the
sod shall be carefully cut and rolled and replaced after ditches have
been backfilled as required in this Chapter. All construction and
maintenance work shall be done in a manner calculated to leave the
lawn area clean of earth and debris and in a condition as near as
possible to that which existed before such work began. The permittee
shall not remove, even temporarily, any trees or shrubs which exist
in any public area without first obtaining the written consent of
the City Administrator or his designee.
[Ord. No. 1139 §1, 4-12-1993]
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such manner
as not to endanger those working in the trench or pedestrians or users
of the streets, and so that as little inconvenience as possible is
caused to those using the streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, the permittee shall
haul the excavated material to a storage site and then rehaul it to
the trench site at the time of backfilling. It shall be the permittee's
responsibility to secure the necessary permission and make all necessary
arrangements for all required storage and disposal sites.
[Ord. No. 1139 §1, 4-12-1993]
As the excavation work progresses, all streets shall be thoroughly
cleaned of all rubbish, excess earth, rock and other debris resulting
from such work. All clean-up operations at the location of such excavation
shall be accomplished at the expense of the permittee and shall be
completed to the satisfaction of the Street Superintendent. From time
to time, as may be ordered by the Street Superintendent and in any
event immediately after completion of said work, the permittee shall,
at his or its own expense, clean up and remove all refuse and unused
materials of any kind resulting from said work; and upon failure to
do so within twenty-four (24) hours after having been notified to
do so by the Street Superintendent, said work may be done by City
employees and the cost thereof charged to the permittee.
[Ord. No. 1139 §1, 4-12-1993]
Fine material, free from lumps and stone, selected from the
spoil shall be thoroughly compacted around and under the substructure
installed or located within the excavation to the upper level of such
substructure. Above the upper level of the substructure, backfill
material shall be placed to the subgrade of the pavement in six-inch
lifts and compacted to at least ninety-five percent (95%) Standard
Proctor density. All backfilling under asphalt, concrete or gravel
areas shall be made with one (1) inch minus limestone rock. No broken
pavement, large stones, lumber, rubbish, braces, roots and other debris
shall be used in the backfill. Such backfill shall be done in a manner
that will permit the restoration of the surface to a density condition
not less than that existing prior to excavation unless otherwise specified.
[Ord. No. 1139 §1, 4-12-1993]
After an excavation is commenced, the permittee shall prosecute
with diligence and expedition all excavation work covered by the excavation
permit and shall promptly complete such work and restore the street,
alley or public place to its original condition, or as near as may
be possible, so as not to obstruct the public place or travel thereon
more than is reasonably necessary.
[Ord. No. 1139 §1, 4-12-1993]
No monument set for the purpose of locating or preserving the
lines of any street or property subdivision, nor a precise survey
reference point, nor a permanent survey benchmark within the City,
shall be removed or disturbed or caused to be removed or disturbed
without first obtaining permission for such action in writing from
the City Administrator or his designee. Permission to remove or disturb
such monuments, reference points or bench marks shall only be granted
upon condition that the person applying for such permission shall
pay all expenses incident to the proper replacement of such monument
by the City.
[Ord. No. 1139 §1, 4-12-1993]
The Street Superintendent shall make such inspections as are
reasonably necessary in the enforcement of this Chapter.
[Ord. No. 1139 §1, 4-12-1993]
Any person who violates any provision of this Chapter shall
be guilty of a misdemeanor. Each day that any such violation continues
shall be deemed a separate offense.
[Ord. No. 64 §1, 7-15-1974; Ord. No. 1243 §1, 11-19-1996]
No new well for water shall be drilled within the City limits
of the City of Hermann unless prior written approval of such well
is obtained from the Board of Aldermen.
[Ord. No. 64 §2, 7-15-1974; Ord. No. 1243 §1, 11-19-1996]
A.
The Board
of Aldermen may, but shall not be required to, approve an application
for a permit to drill a new water well only if each of the following
criteria is met:
[Ord. No. 64 §3, 7-15-1974; Ord. No. 1243 §1, 11-19-1996]
