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 city engineer to do so.
(2000 Code, sec. 21-36)
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 city engineer and state clearly the name of the street
or highway in which it is proposed to make such an opening, the exact
location in said 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.
(2000 Code, sec. 21-37)
The city engineer shall estimate the probable cost of replacing
the soil and improvements which may be removed from such public street
or highway, and shall require the applicant to file 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 city engineer. If
the applicant elects so to do, he may make a cash deposit in any sum
as may have been fixed by the city engineer in lieu of the written
bond.
(2000 Code, sec. 21-38)
When the bond or deposit required in section 3.14.093 shall have been accepted by the city engineer, 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.
(2000 Code, sec. 21-39)
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 flashing amber or 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 city engineer.
(2000 Code, sec. 21-40)
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 city engineer, and the person
or persons 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.
(2000 Code, sec. 21-41)
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 city engineer may require, and leave the street
or highway in the same condition as it was before the opening therein
was made.
(2000 Code, sec. 21-42)
The conditions of the bond required by section 3.14.093 shall not be considered to have been complied with until the city engineer 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 city engineer, then the city engineer 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 city engineer may proceed to have the street or highway put in good condition, paying for same out of the deposit made with him, and if there be any remainder of the deposit after paying for such work, such remainder shall be refunded to the person making the deposit.
(2000 Code, sec. 21-43)
Notwithstanding the provisions of this division, the city engineer
may require work to be accomplished under this division to be performed
by boring under the streets, alleys, public highways or sidewalks
in this city.
(2000 Code, sec. 21-44)
