[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person or utility shall make or cause to be made any excavation
in or under any street, alley or sidewalk nor shall any curb be cut
in the City without first obtaining from the Public Works Committee
a written permit for undertaking such excavation. Fees as provided
in the current City Fee Schedule on file in the City’s offices
or available on the City’s website shall be made for each opening,
which shall be paid at the time of application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The application for such excavation permit shall state the purpose
for which the permit is desired and the location of the proposed excavation,
which shall contain an agreement that the applicant will pay all damages
to persons or property, public or private, caused by the applicant,
his agents, employees, or servants in the doing or erection of the
work for which the permission is granted, and that he will save the
City free and clear of any damages or claims against it by reason
of the application of the work for which the permit is granted. Any
applicant may be required, as a condition to the granting of a permit,
in the discretion of the Public Works Committee, to file a bond in
such amount as the Public Works Committee shall determine to leave
the street, sidewalk or alley in as good condition as the same was
in when the work was commenced, to at all times keep the place where
the excavation was made properly guarded by day and lighted by night,
and to save the City harmless from any and all damages, cost and charges
that may accrue from the applicant's use of such street, sidewalk
or alley by reason of such excavation.
When excavations are made under this article, the excavations
shall not be larger and shall not be left open longer than the necessities
of the work demand. In refilling the excavations, such as soil, stone
and screen shall be thoroughly and properly replaced and the surface
of the street, sidewalk or alley left in as good condition as the
same was in before the excavation.