This Chapter shall be known and may be cited as the "Street
Excavation Ordinance of the City of Ralston." (Ref. 16-232 RS Neb.)
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory. (Ref.
16-232 RS Neb.)
Is any person making written application to the City Engineer
for an excavation permit hereunder.
Is the City of Ralston.
Means the City Engineer or other Municipal Official (City
Clerk, etc.) who is responsible for the administrative functions mentioned
or referred to in this Chapter.
Is the excavation and other work permitted under an excavation
permit and required to be performed under this Chapter.
Is any person who has been granted and has in full force
and effect an excavation permit issued hereunder.
Is any individual, firm, partnership, association or organization
of any kind.
Is any street, highway, sidewalk, alley, avenue or other
public way or grounds or public easements in the City.
It is unlawful for any person to dig up, break, excavate, tunnel,
drill, bore, undermine or in any manner break up any street or to
make or cause to be made any excavation in or under the surface of
any street, or to place, deposit or leave upon any street any earth
or excavated material obstructing or tending to interfere with the
free use of the street unless such person shall first have obtained
an excavation permit therefore from the Engineer as herein provided.
(Ref. 16-232 RS Neb.)
No excavation permit shall be issued unless a written application
for the issuance of an excavation permit, on forms provided for that
purpose, is submitted to the Engineer. The written application shall
state the name and address of the applicant, the nature, location
and purpose of the excavation, the date of commencement and date of
completion of the excavation, and other data as may be reasonably
required by the Engineer. If required by the Engineer, the application
shall be accompanied by plans showing the extent of the proposed excavation
work, the dimensions and elevations of both the existing ground prior
to said excavation and of the proposed excavated surfaces, the location
of the excavation work, and such other information as may be prescribed
by the Engineer. (Ref. 16-232 RS Neb.)
Upon approval of the application for the excavation permit by
the Engineer, the applicant shall pay a fee of $25 to the Engineer
to cover reasonable costs for the issuance of the excavation permit.
(Ref. 16-232 RS Neb.)
The Engineer shall provide each permittee, at the time the permit
is issued, a suitable placard which shall state the permittee's name,
the permit number and the date of expiration. It shall be the duty
of any permittee hereunder to keep the placard posted in a conspicuous
place at the site of the excavation work. It is unlawful for any person
to exhibit such placard at or about any excavation not covered by
such permit or to misrepresent the permit number or the date of expiration.
(Ref. 16-232 RS Neb.)
Before an excavation permit is issued, the applicant shall deposit
with the City Clerk a surety bond in the amount of $10,000 in favor
of the City. The required surety bond must be:
1.
With good and sufficient surety by a surety company authorized to
business in the State;
2.
Satisfactory to the City Attorney in form and substance;
3.
Conditioned that the applicant will faithfully comply with all terms
and conditions of this Chapter; all rules, regulations and requirements
pursuant thereto and as required by the Engineer and all reasonable
requirements of the Engineer;
4.
Conditioned that the applicant will secure and hold the City and
its Officers harmless against any and all claims, judgments, and other
costs arising from the excavation permit or for which the City, the
City Council or any City Officer may be made liable by reason of any
accident or injury to persons or property through the fault of the
permittee.
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Recovery on such surety bond for any injury or accident shall
not exhaust the bond but it shall in its entirety cover any or all
future accidents or injuries during the excavation work for which
it is given.
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In the event any suit or claim against the City by reason of
the negligence or default of the permittee, upon the City giving written
notice to the permittee of such suit or claim, any final judgment
against the City requiring it to pay for such damage shall be conclusive
upon the permittee and his surety.
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An annual bond may be given under this provisions which shall
remain in force for one year conditioned as above, in the amount specified
herein and in other respects as specified herein but applicable as
to all excavation work in streets by the permittee during the term
of one year from said date. (Ref. 16-232 RS Neb.)
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The surety bond provisions of this Chapter shall not apply to
a duly licensed and bonded plumber or to any public utility permitted
to operate within the City Limits, by franchise or otherwise, for
the purpose of supplying gas, electric, or telephone service or for
any excavation which is made under a contract awarded by the City
or made by the City. (Ref. 16-232 RS Neb.)
All work done pursuant to an excavation permit issued under
the provisions of this Chapter shall be performed under the direction
and to the satisfaction of the Engineer or his duly authorized agent.
The Engineer shall prepare such regulations with respect to
excavations within any street, and shall modify them with respect
to particular work, as the Engineer shall deem necessary or advisable
to protect the public from injury, to prevent damage to public or
private property, and to minimize interference with the public use
of the streets.
Regulations promulgated by the Engineer shall be approved by
the Council after notice of hearing and a copy of said regulations
shall be given to each permittee upon issuance of the street excavation
permit.
Regulations promulgated by the Engineer shall include:
1.
Requirement that all public utilities be notified by the permittee
of permittee's intent to make a street excavation giving notice of
time, place and purpose of such excavation;
2.
Requirement that the permittee shall have the duty of determining
the location and depth of all existing underground facilities;
3.
Manner and method of backfilling street excavation and procedure
to be followed in compacting backfilled material;
4.
Specifications as to material to be used in backfilling street excavation;
5.
Manner and method of making street excavation including procedures
to safeguard and protect adjoining and adjacent property and existing
underground and aboveground facilities;
6.
Requirements for restoration of street surfaces.
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Special provisions shall be made for simplifying procedures
and supervision in respect to excavations by franchised utilities.
(Ref. 16-232 RS Neb.)
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In the event of any emergency in which a main, conduit, or utility
facility in or under any street breaks, bursts, or otherwise is in
such condition as to immediately endanger the property, life, health
or safety or any individual, the person owning or controlling such
main, conduit or utility facility, without first applying for and
obtaining an excavation permit hereunder, shall immediately take proper
emergency measure to cure or remedy the dangerous conditions for the
protection of property, life, health and safety of individuals. However,
such person owning or controlling such facility shall apply for an
excavation permit not later than the end of the next succeeding day
during which the Engineer's office is open for business, and shall
not proceed with permanent repairs without first obtaining an excavation
permit hereunder. (Ref. 16-232 RS Neb.)
Work shall progress in an expeditious manner until completion
in order to avoid unnecessary inconvenience to the general public.
In the event that the work shall not be performed in accordance with
the applicable regulations of the Engineer or in accordance with the
provisions of this Chapter, or shall cease or be abandoned without
due cause, the City may, after six hours' notice in writing to the
holder of said permit of intent to do so, correct said work or fill
the excavation, and repair the street, and in any such event the entire
cost to the City of such work shall be a liability of and shall be
paid by the person to whom the permit was issued and his surety. (Ref.
16-232 RS Neb.)
The respective property interests of the City and the owners
of underground utility facilities shall be protected by a policy of
public liability insurance maintained in force by the permittee in
its name with it as the sole insured during the period of the excavation
permit; which policy shall contain minimum limits of $50,000 for property
damage, $100,000 for injury to one person and $300,000 for any one
accident (or equivalent single limit coverage). Such policy shall
be underwritten by an insurer authorized to do business in this State,
shall be evidenced by a certificate of insurance filed with the Engineer
at the time the permit application is made, and shall be written so
as to cover all risks of damage to the underground facilities and
property of others and the obligations imposed by the indemnity clause
appearing in the following sentence. The permittee shall indemnify
and save harmless the City, the franchised water, gas, electric, and
telephone utilities, councilmembers, Municipal Officials, and directors,
officers and employees of such utilities from any and all loss, cost
or liability (including the defense of lawsuits, payment of final
judgments and the costs thereof) on account of damages to property
or injury to person (including the defense of lawsuits, payment of
final judgments and the costs thereof) on account of damages to property
or injury to persons (including permittee's employees) arising out
of permittee's work in the streets, avenues, alleys or other public
places in the City. (Ref. 16-232 RS Neb.)
The provisions of this Chapter requiring payment of a permit
fee and evidence of public liability and property damage insurance
shall not be applicable to any excavation work carried on by the City
or its employees, and utilities operating gas, electric or telephone
facilities within the City; however, contractors hired by the City
for excavation work shall be required to provide proof of insurance
coverage as described above. (Ref. 16-232 RS Neb.)
If any person fails, refuses or neglects to comply with the
provisions of this Chapter, or any rules or regulations of the Engineer,
or any reasonable orders or directions of the Engineer in reference
thereto, the Engineer may refuse to issue further permits to such
person until such conditions or orders are complied with. (Ref. 16-232
RS Neb.)
Editor's Note: Section 8-515, Excavations; Penalty, was repealed Ord. No. 1303.
