No cuts, trenches, manholes and/or excavations shall be made
in the streets in the city, until and after any person expecting to
make such cuts, dig such trenches or manholes or to make such excavations
shall have:
(1)
Delivered
to the city a bond in the sum of $5,000.00, conditioned that all of
the provisions of this section shall be faithfully discharged and
performed in accordance with this division.
(2)
Obtained
the written approval of any person or persons designated or to be
designated, by the city council to approve such bonds.
(3)
Paid
and deposited with the city the following sums:
b.
For ditches and cuts, the sum as provided in appendix A for each estimated square foot or fractional part thereof for the surface of such cut or excavation, with a minimum deposit and payment of the sum as provided in appendix A. If the actual surface area of the portion of any street disrupted or excavated shall exceed the estimated number of square feet for which an initial payment or deposit has been made, then any balance shall be paid to the city immediately upon the cutting or disruption of the surface of such street.
(4)
Obtained
a permit from the city authorizing such cutting, digging, and/or excavation.
[Code 1984, ch. 3, § 9(A)]
Any person cutting, digging manholes, trenches or making excavations
in the streets of the city shall comply in detail with the requirements
and specifications as prepared by the engineering firm of Reaves and
Gregory, as approved, they shall especially comply with and their
acts shall conform to all of the terms and provisions of paragraph
4 under Item 12 of such specifications as to all "backfilling" and
all other requirements and specifications under Item 12 as to streets,
storm drainage, and "fills." All "base" shall be replaced with concrete,
mixed four sacks of concrete to the cubic yard of gravel, and comply
with all provisions of Item 14 of the plans and specifications. A
copy of the specification as prepared by the engineering firm of Reaves
and Gregory is on file in the office of public works.
[Code 1984, ch. 3, § 9(B)]
Any person cutting, digging manholes, trenches, or making any
excavations in the streets of the city shall complete all of such
operations according to the plans and specifications contained and
referred to in this division within a period of ten calendar days
from the beginning of such operations and such time shall not be extended
except by action of the city council.
[Code 1984, ch. 3, § 9(C)]
It is hereby made unlawful for any person to make any excavations
of whatsoever kind in the city whether such excavation be in, along,
or near any street and sidewalk, alley, or highway of any kind, without
placing proper guard rails and signal lights or other warnings at,
in, or around such excavation, sufficient to warn the public of such
excavations and/or embankments and to protect all persons using reasonable
care from accidents on account of such excavation.
[Code 1984, ch. 3, § 9(D)]
Any person who shall be found guilty of failing to comply with and who shall violate any of the provisions, conditions, and requirements of this division, shall, upon being convicted or found guilty of such violation, be fined as provided in section 1-14. In addition thereto, any such person failing to comply with this division shall be liable in damages for any cost and expense in backfilling and causing such ditch or excavation to conform to this division.
[Code 1984, ch. 3, § 9(E)]
