It shall be unlawful for any person to make any excavation or
opening in any street, alley or public highway of the city without
first having obtained a permit from the street superintendent to do
so.
(1974 Code of Ordinances, Chapter 28, Section 28-34)
Any person desiring a permit required by this article shall
make application therefor and such application is to contain the following
information:
(1)
Lot number,
block number, addition or subdivision of the city and street number,
if any; if none, then such data will designate the exact location
where the excavation is to be made;
(2)
Dimensions
of the proposed excavation;
(3)
Purpose
for which it will be used;
(4)
What
precautions will be used to protect children and adults from falling
into it;
(5)
What
precautions will be used to prevent the excavation from becoming flooded
with water and thereby becoming a dangerous pool;
(6)
In case
of underground storage, the kind of substance to be stored, and the
capacity of the storage that will be installed;
(7)
When
the work will start;
(8)
Name
and address of the owner;
(9)
Distance
from, direction from and generally its location with reference to
all nearby streets, alleys and public places and grounds;
(10)
In
case of underground storage for gasoline, a volatile of any kind or
an explosive of any kind, the application shall obligate the applicant
to sink the storage container to such depth that the top of it will
be at least three (3) feet below the ground surface level, and that
the space above the top of the container will be filled with three
(3) feet of firm dirt, gravel or other compact filler material and
well tamped up to ground surface level.
(1974 Code of Ordinances, Chapter 28, Section 28-35)
Before any permit shall be issued under the provisions of this
article the applicant therefor shall pay a fee as set by the city
council and on file in the office of the city secretary.
(1974 Code of Ordinances, Chapter 28, Section 28-36)
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 (2) or more sufficient
sureties, conditioned that the street shall be restored in as good
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.
(1974 Code of Ordinances, Chapter 28, Section 28-37)
When the bond or deposit required in Section 3.1004 above 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.
(1974 Code of Ordinances, Chapter 28, Section 28-38)
All permits issued under this article will expire at the end
of sixty (60) days from issuance if the work shall not have been started
by then.
(1974 Code of Ordinances, Chapter 28, Section 28-39)
It shall be the duty of any person making any excavation in
the streets of the city to adequately and sufficiently protect all
such excavations by barricades or other obstructions, including not
less then one red light on each side of such excavation during nighttime,
so as to prevent accidents or injury to persons or property until
such excavation is resurfaced and approved by the building inspector.
(1974 Code of Ordinances, Chapter 28, Section 28-40)
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 of
the person doing such work shall do the same in the manner directed
by the street superintendent to the end that the streets and the highways
of the city shall not be unduly disturbed and traffic thereon obstructed.
(1974 Code of Ordinances, Chapter 28, Section 28-41)
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 at least the same condition as it was before
the opening therein was made.
(1974 Code of Ordinances, Chapter 28, Section 28-42)
The conditions of the bond required by Section 3.1004 shall
not be considered to have been complied with until the inspector 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 bondsman to pay 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 other highway condition, paying for the same out
of the deposit made with him, and if there is any remainder of the
deposit after paying for such work, such remainder shall be refunded
to the person making the deposit.
(1974 Code of Ordinances, Chapter 28, Section 28-43)
