As used in this chapter, the following terms shall have the following meaning:
"Applicant"
means any person applying for permission of the city council or the written permit of the street superintendent as provided for in this chapter.
"New or different use"
means a change in use of an existing installation or structure constituting a substantially increased burden upon a county highway or other public place.
"Permittee"
means any person who shall have received the permission of the city council or the written permit of the street superintendent as provided for herein.
"Person"
means any individual, municipal, quasi-municipal, public or private corporation and any improvement, water, sanitary, irrigation or other public district.
"Street superintendent"
means the superintendent of streets and maintenance of the city.
"Work day"
means every day other than a Saturday, Sunday or legal holiday.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Nothing in this chapter shall be construed to apply to poles, lines, fences, wires or other surface or overhead installations in county highways; provided, however, that no person having permission of the city council a franchise or other authority of law so to install such surface or overhead installations, shall do so without first consulting with and fully advising the street superintendent. Persons maintaining such surface or overhead installations need not consult with or advise the street superintendent concerning matters of normal maintenance or the routine providing of new service to the customers of such person.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any person not having a franchise or other authority of law to make any excavation in or upon any city street or other public place or to construct, install or make a new or different use of any siphon, bridge, pipeline, conduit or similar structure in, along, upon or across any city street or other public place without first obtaining permission of the city council to do so. It is unlawful for any person having permission of the city council, a franchise, or other authority of law, to make any excavation in or upon any city street or to construct, install or make a new or different use of any siphon, bridge, pipeline, conduit or similar structure in, along, upon or across any city street or other public place without first applying for and obtaining a permit from the street superintendent as provided in this chapter.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
A. 
Applications for permits provided in this chapter shall be made in writing in such form as may be prescribed by the street superintendent.
B. 
Such application shall show at least the following information:
1. 
Estimated cost to the city of repairing damage to the street or other public place caused by the excavation required by any burying, laying or installing of an underground pipe, line, conduit or similar structure;
2. 
Plans and a brief description of the proposed excavation and installation;
3. 
Location of the excavation and installation;
4. 
Estimated time necessary to complete the making, filling, compacting and resurfacing of such excavation and installation;
5. 
The necessity for excavating in a city street or other public place;
6. 
Proposed date of commencement of work.
C. 
Except as hereinafter provided, the application shall be accompanied by a deposit of cash, certified check, cashier's check, bond executed in favor of the city by a surety company or other undertaking acceptable to the city council in a sum not less than the amount estimated in the application as the cost of repairing damage to the road, and conditioned upon the applicant's faithfully performing all work to be done under the permit applied for, and conforming to all conditions or restrictions which may be specified in said permit to the satisfaction of the director of public works. In lieu of the deposit required with each application, any applicant may make a blanket deposit in a form and amount acceptable to the city council, which shall remain on deposit until returned or exonerated by the council, as security for the performance of any permit for work to be done hereunder then pending or thereafter submitted. The foregoing to the contrary notwithstanding, such a deposit or security shall not be required of a public utility or public agency which engages in excavation as a usual and ordinary part of its business or service; provided, however, that the director of public works may require of any such applicant a bond or other security satisfactory to the city council in a sum not to exceed twenty thousand dollars if such applicant has in fact prior to such application failed to comply with the provisions of this chapter or with the provisions of a previous permit.
D. 
Upon receiving an application to excavate and make an installation in a city street, the street superintendent shall either approve it or reject it. If the application is approved, the street superintendent shall cause the deposit, if any, to be paid into the city treasury and shall issue a written permit authorizing the excavation and installation, which permit shall embody and be subject to all of the conditions of this chapter and to such further conditions as the street superintendent may deem for the best interests of the city in each application. In the event the application is rejected, any deposit or bond made and delivered in connection therewith shall be forthwith returned to the applicant together with the reason for such rejection and recommendations for modification of the application. Applicant may thereupon submit a new application or, if dissatisfied with such rejection, may make a similar application in a similar manner to the city council.
E. 
Anything in this chapter to the contrary notwithstanding, the street superintendent shall have the power to issue permits as set forth in subsections B, C and D of this section without prior order of the city council in the following cases:
1. 
The construction of sewers within the right-of-way by a city or other public corporation or district;
2. 
The construction of house sewer laterals wholly within the right-of-way;
3. 
Installation of siphons, pipelines, conduits, culverts or similar water carrying facilities across a city street at an angle no greater than forty-five degrees from a right angle intersection with the centerline of the right-of-way.
F. 
The street superintendent shall report to the city council from time to time upon the issuance of such permits.
(Ord. 70-5 §1(3)(part), 1970; Ord. 72-11 §1, 1972; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
A. 
Any deposit or bond made and delivered pursuant to this chapter shall be held by the auditor or street superintendent, respectively, and returned or retained as herein directed.
B. 
In the event the construction, excavation or installation is properly completed by the permittee to the satisfaction of the street superintendent, whose sole judgment and decision in such matter shall be final and conclusive, the bond filed shall be returned to the permittee by the street superintendent or the amount of his or her deposit shall be returned to him or her upon the order of the city council directing the auditor to draw his or her warrant on the city treasurer for the proper amount involved.
C. 
No such bond or deposit shall be returned to the permittee until the reasonable inspection fees and the amount of any damage to the city by reason of the exercise of the permit has been paid to the city. If all such fees and damages are not paid to the city within a reasonable time after completion of the work contemplated by the permit, then the city shall retain so much of the deposit as the city council shall determine it may be entitled to hereunder or proceed upon the bond therefor.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
All proposed siphons, culverts, bridges, excavations and installations in, along, upon or across the city streets shall be made in accordance with the plans and descriptions approved by and filed in the office of the street superintendent, and shall be subject to the conditions imposed as follows:
A. 
The street superintendent shall have the right to inspect the work to be performed and to prescribe any and all conditions pertaining to such construction or excavation and installation. Written notice shall be given to the street superintendent not less than three work days prior to the commencement of any work under the permit granted unless the date of commencement has been specified in the application or permit. The permittee shall properly compact and resurface the backfilled material in a manner acceptable to the street superintendent and, in the event of any settlement of backfill from any cause whatsoever on such city street where such installation is made within one year thereof the permittee shall make necessary repairs to the damaged area.
B. 
If at any time after the installation the city finds it necessary and proper to change the grade in or make a new alignment of any city street where such installation is made, the permittee, upon written demand by the city, shall at permittee's sole expense alter any of such installations or structures which may be in conflict with the new grade or alignment; provided, however, that this subsection shall cease to apply when such city street becomes a state freeway.
C. 
Unless otherwise expressly permitted by the street superintendent, the permittee shall, during the entire period of construction, maintain access to traffic over, upon and across such city streets and approaches thereto so as not unreasonably to hinder, render inconvenient or interfere with the public use thereof or with persons lawfully entitled to the use thereof. It shall be the duty of the permittee to place and maintain lights at each end of any such excavation, and at distances of not more than fifty feet along the line thereof, from sunset of each day to sunrise of the next day, until such excavation is entirely refilled; and the permittee shall safeguard the excavation by such other barriers, signs and measures, as may be necessary and proper in each case to provide for the safety of persons, animals and vehicles using such street.
D. 
After such excavation is commenced, the work of making, filling, compacting and resurfacing the same shall be prosecuted with due diligence, from day to day until completed, and so as not to obstruct the street more than is reasonably necessary.
E. 
If any construction, excavation or installation is not completed in the manner and within the time required by any of the provisions of this chapter, the street superintendent shall notify the permittee of such defect in writing and if the permittee fails to commence the work of remedying such defect within five days, the street superintendent shall, at the sole cost and expense of the permittee, cause the defect to be remedied in the proper manner and shall restore the street to its original condition.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
All underground gas, water, electrical or other pipelines, conduits and similar structures permitted to be installed in, along or across a city street shall be buried as herein provided and shall be laid at a clear depth and have a cover of not less than two and one-half feet below the surface of the highway at the point of installation whichever is the lower.
A. 
Whenever in the opinion of the street superintendent such installation may not be laid and covered at such depth by reason of an existing obstruction, the street superintendent may grant a variance of six inches from such clear depth and cover upon the condition that such applicant assumes all risk and responsibility for injury to such installation or the city, its officers and employees occasioned by reason of said reduced clear depth or cover.
B. 
The requirements of this section shall not apply to installations necessarily rising to or emerging from the surface of the ground as in the case of manholes and electrical or telephone lines ascending poles.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Any permittee lawfully maintaining any underground installation in, along, upon or across any city street by virtue of a permit obtained here-under may, without first obtaining a new permit, perform any emergency maintenance or repair such installation. Notice of any such emergency maintenance or repair work shall be given to the street superintendent as soon as practicable and thereafter such permittee shall comply with all pertinent provisions of this chapter.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is unlawful for any person to convey or permit flow or discharge of water from one side of a city street to the other except through a siphon, culvert or bridge.
A. 
A siphon or culvert shall consist of either concrete or corrugated iron pipe extending the full width of the street right-of-way and to the edges thereof. It shall form a leak-proof connection with any existing or hereafter installed pipe, conduit or other enclosed artificial water course approaching within fifty feet of said siphon or culvert, water from or to which naturally flows, or artificially is caused to flow, to or from such siphon or culvert. Any such siphon or culvert shall be constructed in accordance with plans and specifications approved by and on file in the office of the street superintendent.
B. 
A bridge shall have a clear width or improved roadway of not less than thirty-two feet and shall be constructed of reinforced concrete in accordance with plans and specifications approved by and on file in the office of the street superintendent.
C. 
All such siphons, culverts and bridges installed or constructed pursuant to permits as provided in this chapter shall be maintained and kept in good repair by the applicant permitted to make such installation or construction for a period of one year from and after such installation or construction.
D. 
Any applicant desiring to make new or different use of any existing siphon, culvert or bridge shall make such repairs and improvements therein as may in the opinion of the street superintendent be necessary.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
All persons maintaining underground gas, water, electrical or other pipelines, conduits or similar structures, in the city streets or other public places heretofore installed pursuant to permission of the city council, a franchise or other authority of law, shall maintain reasonably current maps of such installations and structures which shall be open to the inspection of the street superintendent. Upon the written request of the street superintendent such persons shall, within a reasonable time, furnish to the street superintendent, a map or maps or copies thereof showing the nature, extent and location of all structures or installations specified.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Every construction, excavation or installation permitted in this chapter may be inspected by the street superintendent and the applicant shall pay to the street superintendent the reasonable cost of such inspection.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part) , 1979)
Permittee is responsible for all liability for personal injury or property damage which may arise out of work permitted and done under a permit or which may arise out of failure on the permittee's part to perform his or her obligations under any permit in respect to maintenance. In the event any claim of such liability is made against the city, or any department, officer, or employee therefor, permittee shall defend, indemnify and hold them and each of them, harmless from such claim.
(Ord. 70-5 §1(3)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)