[R.O. 2006 §423.010; Ord. No. 05-006 §5, 2-7-2005]
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 Ozark,
in the manner and in accordance with the provisions for such permits
made and provided hereinafter.
[R.O. 2006 §423.020; CC 1992 §515.020; Ord. No. 704 §2, 9-19-1974; Ord. No. 05-006 §5, 2-7-2005]
A.
Where
it shall be necessary to make any excavation upon any City street
or alley, or within the right-of-way limits thereof, the applicant
for an Excavation Permit shall, before receiving such permit, deposit
with the City Clerk of the City of Ozark, an amount of United States
currency representing a sufficient amount of money to repair such
excavation and replace the same to its condition immediately prior
to the beginning of such excavation, with the amount thereof to be
determined by the Street Superintendent for said City. In no event
shall such deposit be less than fifty dollars ($50.00), and such deposit
shall be required for each such permit issued. Such deposit shall
be returned to the person making the same after such excavation has
been completely repaired to its condition prior to such excavation,
after payment to the City for all costs incurred by said City for
the repair of such excavation as hereinafter provided, and after the
Public Works Director of the City of Ozark, has inspected the repair
of such excavation and approved the same upon forms for such purpose
provided by the said City Clerk.
B.
In
addition to the deposit described and provided for herein, the applicant
for an Excavation Permit does agree, by applying for and receiving
such permit, to indemnify and to hold the City of Ozark, harmless
for any and all damage or expense whatsoever incurred as the direct
or indirect result of such excavation, and further agrees to execute
all such documents with regard thereto as may be requested by said
City and which are not inconsistent with this Section.
[R.O. 2006 §423.030; Ord. No. 05-006 §5, 2-7-2005]
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 Ozark, 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 Ozark,
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.
[R.O. 2006 §423.040; Ord. No. 05-006 §5, 2-7-2005; Ord.
No. 18-064, 11-19-2018]
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 a fee, said fee shall be as set forth
or as established from time to time by ordinance of the Board of Aldermen
and on file in the office of the City Clerk.
[R.O. 2006 §423.050; Ord. No. 05-006 §5, 2-7-2005]
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.
[R.O. 2006 §423.060; Ord. No. 05-006 §5, 2-7-2005]
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 Ozark, that the same is ready for final repair.
The Public Works Director of Ozark, 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 Ozark, shall cause final repairs and paving
or surfacing of such excavation to be performed by the City of Ozark
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 Ozark, 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 Ozark, for
the costs of materials of completing repair of such excavation and
for paving or surfacing the same as hereinafter provided.
[R.O. 2006 §423.070; Ord. No. 05-006 §5, 2-7-2005]
Upon completion of the repairs to excavations, including paving
or surfacing the same, as herein provided, the Public Works Director
of the City of Ozark, shall compute the costs of materials to the
City of Ozark 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 Ozark,. 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 Ozark,
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.
[R.O. 2006 §423.080; Ord. No. 05-006 §5, 2-7-2005]
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.
[R.O. 2006 §423.090; Ord. No. 05-006 §5, 2-7-2005]
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 Ozark.
