[Adopted 12-1-2003 by Ord. No. 2003-02 as Title 6, Ch. 1, of the 2003
Code]
The grade of all streets, alleys and sidewalks shall be established
or approved by the City Engineer or Director of Public Works and the
same recorded by the City Clerk-Treasurer. No street, alley or sidewalk
shall be worked until the grade thereof is established. Whenever a
street shall be improved for the first time or the grade thereof changed
and the street improved so as to conform to the new grade, the grading
of the sidewalk shall be considered a part of the improvement.
No person shall alter the grade of any street, alley, sidewalk
or public ground or any part thereof in the City of Glenwood City
by any means whatsoever unless authorized or instructed to do so by
the Common Council or its designee. All such alterations of grade
shall be recorded in the office of the City Clerk-Treasurer.
A.
Elevation. The grade or elevation of all underground construction
shall be a minimum of three feet below the established grade of the
street, alley, park, public property or easement. The three feet shall
be measured between the top of the established grade and the top of
the underground construction.
B.
Approval of location. The location of any and all such underground
construction must have the approval of the Common Council or its designee.
C.
Filing plans. Complete plans for any such construction must be filed
with and be approved by the Common Council or its designee before
construction can begin.
D.
Inspection. On request of the Common Council or its designee, the
utility company must provide opportunity for City officials to check
any construction before it may be covered.
E.
Conflict with other utilities. If the grade or elevation herein set
for the underground construction of utilities shall, in any instance,
conflict with other existing utilities, the utility shall be required
to lower the elevation of its underground construction at the election
of the Common Council or its designee and in accordance with its directions
and specifications.
F.
Establishment of grade. At the request of the utility company, the
Common Council or its designee shall, at the requestor's expense,
give the utility company an established grade on any streets, alleys,
public parks or easements where it proposes to install underground
utilities.
G.
Emergency. In case of an emergency, when immediate action is necessary
in order to protect life or property, the utility company may proceed
with underground construction subject to obtaining the approval of
such work by the Common Council or its designee as soon thereafter
as is reasonably possible.
H.
Restoration of surface. In the event of any such underground construction, the utility company or individual, within seven days or a time approved by the Common Council or its designee, shall leave the surface of the ground, or road, in the same condition as before said work was commenced, and in the event of its failure so to do, the City may proceed to place the surface of the ground or street in such condition at the utility company's expense. Such work shall comply with the provisions of §§ 367-6 and 367-7.[1]
I.
Nonrelief from obligations. Compliance with this section does not
relieve the utility company from any responsibility of any kind whatsoever
by reason of the widening of the travel way, or any other improvements,
which may become necessary, nor does it relieve it from any liability
of any kind or nature whatsoever. Compliance with this section shall
not relieve the utility company from the responsibility or obligation
or removing, relocating or moving any of its mains, pipes or property
due to the opening, widening or improving of a street, or due to any
other changes which may occur by reason of which such moving, relocation
or removing may be necessary.
