[CC 1985 § 21-36; Ord. No. 701, 2-5-2001]
The terms used in this Chapter shall
have the meaning ascribed to them in this Section and shall be construed
as indicated in this Section.
A drain running under a road, embankment or driveway.
A private road connecting a building, as a house or garage,
with the street.
A mound of earth or stone to hold back water or support a
road or driveway.
An opening for the passage of persons, vehicles, and animals.
[CC 1985 § 21-37; Ord. No. 701, 2-5-2001]
A.
It shall be the property owner's responsibility
to purchase and install culverts in their driveway.
B.
No person shall make or cause to be made
any culvert installation without written permission of the City of
St. James Street Superintendent.
[CC 1985 § 21-41; Ord. No. 295 §§ 1 — 3, 7-7-1969; Ord. No. 605, 8-2-1999]
A.
No person shall make or cause to be made
any excavations in any public street or alley without written permission
of the Director of Public Works to do so, except public work done
under the authority of the City Council.
B.
The permit required by Subsection (A) of this Section shall not be issued by the Director of Public Works until the Director of Public Works has determined the length of the proposed excavation to be made in any street or alley, and such permit shall not be issued by the Director of Public Works until such time as the applicant pays to the City Clerk such sums as shall be determined by the Director of Public Works as necessary to reimburse the City for its costs and expenses incurred in restoring said excavation to its previous condition, but such sums shall not be less than five hundred dollars ($500.00) for excavating in or across or any fractional part of any street of oil mat, or concrete, or blacktop construction, and four hundred dollars ($400.00) for excavating in or across any street or a fractional part thereof of a gravel construction, and four hundred dollars ($400.00) for excavation in or across any alley or any fractional part thereof. The applicant may at his/her option restore the excavation to original condition in accordance with directions provided by the Street Superintendent. Upon restoration satisfactory to the Street Superintendent, the street excavation fee will be returned to the applicant.
C.
The foregoing sums to be paid to the City
Clerk shall be deposited in the Street Fund and used for the restoration
to original condition by the City Street Department any street or
alley so excavated.
[CC 1985 § 21-42; Ord. No. 522 §§ 1 — 9, 8-31-1993; Ord. No. 557, 10-2-1995; Ord. No. 605, 8-2-1999]
A.
Non-Refundable Permit Fee. The minimum
amount of said permit fee for each excavation or digging into or opening
up of any street, alley, avenue, thoroughfare or paved street shall
be the sum of one hundred dollars ($100.00) for each separate and
distinct typical work or project. Fee for atypical long cuts will
be established on a case-by-case basis.
B.
It shall be unlawful for any property owner,
person, firm, association or corporation to make any excavations or
ditch for water mains, sewer lines, gas lines, telephone cables, or
any other purposes along any street or alley in the City of St. James,
Missouri, without first obtaining from the Utility Department of the
City of St. James a written permit furnished by the above.
C.
The property owner, person, firm, association
or corporation obtaining said permit shall, immediately after the
issuance thereof, give notice to the Street Superintendent, Superintendent
of the electrical utility, Superintendent of the water utility, Superintendent
of the gas utility, and the Manager of the telephone company stating
where said excavation or ditch is to be made and when the work thereon
will be commenced, and it shall be the duty of the said parties so
notified to point out to said permit holder the exact location of
any pipe, conduit, water main, cable, or sewer liable to be damaged
by reason of the making of said excavation or ditch, and the same
shall be made in such manner as not to injure said pipe, conduit,
water main, cable or sewer, and the property owner, person, firm,
association or corporation doing said work or having the same done
shall be responsible to the party injured for all damages done to
said pipes, conduit, water main, cable or sewer, but no person or
corporation who has received notice as herein provided and has failed
to point out the location of said pipe, conduit, water main, cable
or sewer within a reasonable length of time shall be entitled to receive
pay for injury thereto unless said injury is caused by the negligence
of the party doing said work.
D.
Where excavations or ditches are made through
a bituminous paving or concrete paving of a street or alley, the portion
to be removed must be first sawed unless the concrete paving contains
granite aggregate, and then sawing is not required, but the said excavation
or ditch shall be closed up as speedily as possible after being made,
shall be properly guarded at night by sufficient light to prevent
accidents to the public, and it shall be the duty of the person making
said excavation or ditch to dry tamp the dirt so that the ground is
solid when the work is finished. The portion of the paving removed
must be replaced by proper paving materials so as to leave the street
in a smooth condition when finished.
E.
The excavation or ditch for which a permit
has been issued shall be conducted under the supervision of the Street
Superintendent, who shall be notified when the bituminous paving or
concrete paving is to be sawed, when the tamping and filling operation
is to be started, so that he/she shall be given an opportunity to
inspect the same and he/she shall make a final inspection of the closed
excavation or ditch before the permit holder shall proceed with restoring
the paved portion of the street or alley.
F.
All parties having said work done or doing
the same shall be liable to any property owner, person, firm, association
or corporation who have complied with the terms of this Chapter for
all damages caused by reason of the making of said excavation or ditch,
and shall hold the City of St. James, Missouri, harmless from all
liability by reason thereof.
G.
In an emergency, when delay is likely to
endanger health or property, excavation may be begun without the permit,
but the required application shall be filed within an hour after the
opening of City Hall for business following such emergency start of
excavation or within one (1) hour after such emergency start of excavation
if during City Hall hours. In such event, the City of St. James Utility
shall be notified of the excavation at once.
H.
All excavation permits, except to property
owners, shall not be issued until a bond in the amount of five thousand
dollars ($5,000.00) shall be filed conditioned on the faithful performance
of the excavation backfilling and resurfacing in accordance with the
permit requirements, and until a certificate of insurance has been
filed with the City of St. James included as an additional insured,
insuring against liability occasioned by the excavation with bodily
injury limits of at least one hundred thousand dollars ($100,000.00)
and property damage limits of at least fifty thousand dollars ($50,000.00).
Such bond and insurance may cover more than one (1) excavation at
the applicant's option.
[CC 1985 § 18-42; Ord. No. 399, Art. 4 § 11, 7-3-1978]
All excavations for building sewer
installation shall be adequately guarded with barricades and lights
so as to protect the public from hazard. Streets, sidewalks, parkways,
and other public property disturbed in the course of the work shall
be restored in a manner satisfactory to the City.
