[Rev. Ords. 1910 §137; CC 1976 §30-22]
No person shall excavate in, through or under any street, sidewalk,
alley or other public place in the City without first securing a permit
therefor from the Commissioner of Public Works.
[CC 1976 §30-23]
A.
All
applications for permits required by this Article shall be signed
by the person who desires to do the work designated in the application.
The application shall not be assignable and shall be used only by
the person desiring to make such further excavation. No person shall
allow or permit his/her name to be used to obtain a permit for any
other person.
B.
The
applicant shall designate the location of the proposed cut or excavation
and file with the application a plat showing the exact location, width,
depth and length of such cut or excavation and the side of the street
upon which the same is to be made.
[CC 1976 §30-24; Ord. No. 1284 §1, 2-5-1980; Ord.
No. 1864 §1(G), 8-1-1995]
Before any permit is issued under the provisions of this Article,
the applicant therefor shall pay a fee of thirty dollars ($30.00)
[Ord. No. 1052 §1, 12-15-1970; CC 1976 §30-25]
A.
Each
applicant for a permit to excavate shall furnish the City a surety
bond, which shall run for two (2) years, executed by an approved corporate
surety company, running to the City and to any successor to its Governmental
authority over the location of the excavation, conditioned on the
performance by the applicant of the obligations imposed by this Article
and incorporating this Article by reference. The amount of such bond
shall be the cost of the excavation, including backfill and materials,
estimated by the Commissioner of Public Works.
B.
Any
person who shall file with the City a blanket surety bond as described
in this Section in any amount, conditioned on the performance of such
person's obligations under this Article with respect to all excavations,
shall be relieved of any further requirements to bonds unless and
until the total amount of bonds which would otherwise be required
under this Article shall equal the amount of such blanket bond.
C.
Proof
of the bond in the amount of one hundred percent (100%) of the contract
will be acceptable to the City.
[CC 1976 §30-26]
Upon the breach of the conditions of the bond filed by any person
under this Article, the Board of Aldermen shall order a suit filed
for the breach of said bond.
[CC 1976 §30-27; Ord. No. 2966 §1, 8-16-2016]
Any person cutting or excavating under a permit issued pursuant
to this Article shall cause the same to be done with the least possible
injury to the streets, sidewalks, alleys or other public places and
shall place the materials therefrom where they will cause the least
possible inconvenience to the public and will permit the uninterrupted
passage of water along the gutters. The width of the excavation shall
be no greater than is necessary for doing such work. Should any person
making an excavation fail to restore any streets, sidewalks, alleys,
or other public places to standards established by the City, the City
may make such restoration as deemed necessary and charge the person
and/or entity making the excavation one and one half times (1 1/2)
the direct labor and material costs of making the restoration.
[Ord. No. 1052 §2, 12-15-1970; CC 1976 §30-28]
The restoration of sites of excavation or where poles have been
set shall be accomplished by the use of granular backfill under the
supervision of the Commissioner of Public Works.
[CC 1976 §30-29]
The person making any cut or excavation pursuant to a permit
issued under this Article shall notify the Commissioner of Public
Works at least three (3) hours prior to the commencement of refilling
any cut or excavation. Such refilling and repairing shall be done
pursuant to such specifications established therefor and on file in
the office of the Commissioner of Public Works.
[CC 1976 §30-30]
With proper notification, permits and bonds as required by this
Article, the person doing any cutting or excavating shall make proper
filling thereof and shall immediately clean up and haul away all surplus
earth, rock or rubbish therefrom.
[Rev. Ords. 1910 §§110, 111; CC 1976 §30-31]
Any person who has made an excavation in any of the streets,
sidewalks, alleys or other public places in the City shall cause such
excavation to be barricaded in such a manner as to adequately protect
traffic, both vehicular and pedestrian, and shall cause such excavations,
barricades, excavated materials, tools, supplies or equipment at such
excavated area to be lighted with proper and suitable danger signals
in such a manner that all traffic may be amply and duly warned of
the existence of such excavations, barricades, materials, tools, supplies
or equipment.
