It shall be the duty of any person making an excavation in the
streets of the city to adequately and sufficiently protect all such
excavations by barricades or other obstructions, including not less
than one red light on each side of such excavation during the nighttime,
so as to prevent accidents or injury to persons or property until
such time as such excavation is resurfaced and approved by the street
superintendent.
(1973 Code, sec. 26-25; 1991 Code,
sec. 27-26; 2007 Code, sec. 36-33)
All the work of excavating or making any character of opening
in any of the streets, alleys or highways of the city shall at all
times be under the supervision of the street superintendent, and the
person doing such work shall do the same in the manner directed by
him to the end that the streets and highways of the city shall not
be unduly disturbed and traffic thereon obstructed.
(1973 Code, sec. 26-26; 1991 Code,
sec. 27-27; 2007 Code, sec. 36-34)
After the excavation or opening shall have been made, the person
so making it shall backfill the excavation with such materials and
in such manner as the street superintendent may require, and leave
the street or highway in the same condition as it was before the opening
therein was made.
(1973 Code, sec. 26-27; 1991 Code,
sec. 27-28; 2007 Code, sec. 36-35)
The conditions of the bond required by section 10.02.033 shall not be considered to have been complied with until the street superintendent shall have accepted the street or highway as being in good condition. In the event that the person making the opening shall fail to leave the highway in a good state of repair, satisfactory to the street superintendent, then the superintendent shall call upon the bondsmen to pay for the cost of repairing such highway; provided, however, that in the event of a cash deposit instead of a bond, the superintendent may proceed to have the street or highway put in good condition, paying for same out of the deposit made with him. If there be any remainder of the deposit after paying for such work, such remainder shall be refunded to the person making the deposit.
(1973 Code, sec. 26-28; 1991 Code,
sec. 27-29; 2007 Code, sec. 36-36)
Notwithstanding the other provisions of this article, the street
superintendent may require work to be accomplished under this article
to be performed by boring under the streets, alleys, highways or sidewalks
in this city.
(1973 Code, sec. 26-29; 1991 Code,
sec. 27-30; 2007 Code, sec. 36-37)
It shall be unlawful for any person to make any excavation or
opening in any public street, alley or highway of the city without
first having obtained a permit from the street superintendent to do
so.
(1973 Code, sec. 26-21; 1991 Code,
sec. 27-46; 2007 Code, sec. 36-63)
The application for a permit to make any excavation or opening
in any of the streets, alleys or public highways of the city shall
be made to the street superintendent and state clearly the name of
the street or highway in which it is proposed to make such an opening,
the exact location in such street or highway wherein it is proposed
to make such opening, the purpose of making the opening, and the name
of the person who proposes to make such excavation or opening.
(1973 Code, sec. 26-22; 1991 Code,
sec. 27-47; 2007 Code, sec. 36-64)
The street superintendent shall estimate the probable cost of
replacing the soil which may be removed from such public street or
highway, and shall require the applicant to file a written bond in
an amount sufficient to cover such cost, with two or more sufficient
sureties, conditioned that the street shall be restored in as good
a condition as it was before the excavation or opening therein was
made. Such bond shall be received and approved by the street superintendent.
If the applicant elects to do so, he may make a cash deposit in such
sum as may have been fixed by the street superintendent in lieu of
the written bond.
(1973 Code, sec. 26-23; 1991 Code,
sec. 27-48; 2007 Code, sec. 36-65)
When the bond or deposit required in section 10.02.033 shall have been accepted by the street superintendent, he shall then issue a permit for the excavation or opening named in the application, and the applicant may then proceed with the work in the exact location named in his application, and in no other place.
(1973 Code, sec. 26-24; 1991 Code,
sec. 27-49; 2007 Code, sec. 36-66)
