[R.O. 2010 §575.010; Ord. No. 234 §1, 8-8-1977]
No person, firm or corporation shall disturb, mar or in anyway
break the surface of or dig in any street, alley, sidewalk, drainage
ditch or other property belonging to the City of LaGrange, Missouri,
without having first submitted an application in writing specifying
the place and purpose of disturbing any such surface and without having
first obtained the express written permission of the Street Commissioner
of the City of LaGrange, Missouri.
[R.O. 2010 §575.020; Ord. No. 195 §2, 1-10-1967]
All applications for any excavations into any street, alley
or public right-of-way within the City of LaGrange shall be made in
writing to the City Clerk and the applicant shall pay a fee of twenty-five
dollars ($25.00).
[R.O. 2010 §575.040; Ord. No. 195 §4, 1-10-1967]
Upon issuance of a written permit from the Street Commissioner
for such purpose, the applicant shall, under the supervision of the
Street Commissioner, make the necessary excavation, keeping the same
to an absolute minimum in size consistent to the purpose for which
the same is made.
[R.O. 2010 §575.050; Ord. No. 195 §5, 1-10-1967]
Every excavation in any street, alley or public right-of-way
shall be backfilled as soon as practicable after the same is made,
but in no event shall such excavation remain open longer than thirty-six
(36) hours.
[R.O. 2010 §575.060; Ord. No. 195 §6, 1-10-1967]
At the time any excavation is made into any street, alley or
other public right-of-way, the person making the same shall cause
the same to be surrounded with barricades and warning flares at all
times during which the same is open.
[R.O. 2010 §575.070; Ord. No. 195 §7, 1-10-1967]
In no event shall any excavation be made in any street in such
fashion as to completely block passage along such streets, but in
every event the excavation shall be so made as to permit the passage
of at least one (1) lane of traffic over and along said street at
all times.
[R.O. 2010 §575.080; Ord. No. 237, 1-9-1978]
All excavations in streets and alleys and other public rights-of-way
within the City of LaGrange shall be backfilled with sand, except
that portion of a street where the hard-top surface has been destroyed;
it will receive at least eight (8) inches of white rock fill atop
the backfill of sand bringing the rock to the level of the surrounding
hard-top surface. The surface restoration will be made by the City.
The cost of all other additional backfilling and surface restoration
shall be paid by the applicant.
[R.O. 2010 §575.090; Ord. No. 195 §9, 1-10-1967]
Whenever the material excavated from a street, alley or other
public right-of-way is not to be used by the City either as backfill
or surface repair, the same shall be removed from the street, alley
or other public right-of-way by the person or persons causing said
excavation to be made.
[R.O. 2010 §575.110; Ord. No. 360 §2, 2-14-1994]
If the person, persons or corporation who have disturbed, marred
or anyway broken the surface or dug in any street, alley, sidewalk,
drainage ditch or other property belonging to the City of LaGrange,
Missouri, have not properly and timely restored such disturbances
as set out in this Chapter, then the City of LaGrange, Missouri, may,
at the option of the Street Commissioner, make such repairs and charge
the excavating person, persons or corporation a reasonable fee for
completing such restoration.
A.
Performance Bond.
1.
Prior to any facilities work in the public rights-of-way, an applicant
shall establish in the City's favor a performance bond in an amount
determined as follows: five hundred dollars ($500.00) for less than
twenty (20) linear feet; five thousand dollars ($5,000.00) for twenty
(20) to one hundred (100) linear feet; and ten thousand dollars ($10,000.00)
for more than one hundred (100) linear feet. A single continuing bond
where facilities work is conducted by the same applicant under numerous
permits may be established in the amount of ten thousand dollars ($10,000.00).
For an applicant applying to work on less than twenty (20) linear
feet, a check made payable to the City of LaGrange may be presented
to the City in lieu of a performance bond.
a.
All facilities owners with permitted facilities work occurring in
the City of LaGrange public right-of-way, except those owners meeting
the requirements of Section 67.1830(6)(a), RSMo., shall establish
a fifty thousand dollar ($50,000.00) "blanket" performance bond, renewable
annually.
2.
In the event an applicant fails to complete the facilities work in
a safe, timely and competent manner, there shall be recoverable, jointly
and severally from the principal and surety of the bond, any damages
or loss suffered by the City as a result, plus a reasonable allowance
for attorney's fees, up to the full amount of the bond.
3.
Upon completion of the facilities work to the satisfaction of the
City Administrator, the City Administrator shall eliminate the bond
or reduce its amount after a time appropriate to determine whether
the work performed was satisfactory, which time shall be established
by the City Administrator considering the nature of the work performed.
4.
A performance bond shall be issued by a surety acceptable to the
City and shall contain the following endorsement:
"This bond may not be canceled or allowed to lapse until sixty
(60) days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew."
5.
Applicant shall, at its sole cost and expense, indemnify, hold harmless
and defend the City, its officials, boards, board members, commissions,
commissioners, agents and employees against any and all claims, suits,
causes of action or proceedings and judgments for damages or equitable
relief which are caused by the acts, errors and omissions of applicant
arising out of the construction and maintenance of its facilities.
6.
Recovery by the City of any amounts under the performance bond or
otherwise does not limit an applicant's duty to indemnify the City
in any way, nor shall such recovery relieve an applicant of its obligations
under a permit or reduce the amounts owed to the City other than by
the amounts recovered by the City under the performance bond or in
any respect prevent the City from exercising any other right or remedy
it may have.
B.
Cost Recovery. In the event the City incurs additional costs
as a direct result of an unauthorized action or an inaction by any
person and/or facilities owner, the City shall have the right to recover
from that owner or person any and all documentable costs incurred
including, but not limited to, the identification of undocumented
facilities, completion of improper facilities work, long-term structural
damage, construction delay fees and penalties, fees paid to other
agencies and any other documentable costs incurred by the City within
the public rights-of-way.
C.
Penalties. For each violation of provisions of this Article
or a permit granted pursuant to this Article as to which the City
has given notice to applicant as provided in this Article, penalties
may be chargeable to the applicant at a rate not exceeding one hundred
dollars ($100.00) per day for so long as the violation continues.
