A.
Required.
No person shall tear up, loosen or remove any part of the macadam
or other surface dressing of any public street or public thoroughfare
in the city without having first obtained a permit to do so.
B.
Application—Written
Notice—Filing of Plan—Cash Deposit or Bond Required.
1.
Application
for the permit required by the preceding subsection, along with a
written notice thereof, together with a plan showing the exact location
of the proposed work, shall be presented to the street superintendent
and at the same time a deposit shall be made with the superintendent
of streets in an amount to be established by the superintendent of
streets with the existing cost of resurfacing.
2.
Any person intending to make excavations in public streets, or other public places in the city, may give to the city a general bond in the sum outlined in the Master Fee Schedule with 2 good and sufficient sureties approved by the mayor, which general bond shall be used for the same purpose as special deposits described hereinbefore in this section. The cash deposits or bond shall be retained by the city council for the space of 2 years after the completion of the work and the filing of the certificate of the superintendent of streets as provided in Section 12.08.020 of this Code, as security for any damage or expense that may be caused thereby, and that the street may be left in as good condition as it was before being torn up, loosened or disturbed.
C.
Issuance—Information to Be Shown. Upon receiving a written application and the general or special deposits required by subsection B of this section, the superintendent of streets shall issue a written permit to make such excavation. Such permit shall state whether the work to be done is covered by a general or a special deposit, and if a general or special deposit, shall state the amount thereof and shall be a receipt therefor. It shall also specify the person to whom the permit is issued and the street or other public place to be excavated.
D.
Nontransferable—Duration.
No permit for excavation work shall be transferable. Every such permit
shall become and be void unless the excavation to be made is commenced
within 10 days from the date of the issuance of such permit.
(Code 1954 §§ 19.9—19.12)
Upon the completion of any of the work authorized by the permit
issued pursuant to the preceding section, the superintendent of streets
shall inspect the same upon due notification from the person so doing
the work. If the street is found to be in good condition, he or she
shall certify this fact.
(Code 1954 § 19.13)
A.
All
excavation work shall be done to the satisfaction of the superintendent
of streets of the city. All materials taken up or removed shall be
replaced, excepting that where pipes of 6 inches or larger in diameter,
are laid, due allowance shall be made for the necessary displacement
of earth. When pipes are laid the filling of trenches shall be thoroughly
tamped in layers not exceeding 6 inches in thickness, and the surface
dressing shall conform with the original surface of the street. If
the street or place where such excavation is made has been macadamized
or graveled, the macadam or gravel removed therefrom shall be kept
separate from all other material. The trench shall be refilled in
the manner hereinbefore provided, up to the underside of such macadam
or gravel. The macadam or gravel shall be replaced on the surface
of the filled trench and thoroughly tamped to correspond with the
undisturbed portion of the street. New material shall be used if necessary,
to provide the same thickness of macadam or gravel as was removed.
B.
If
the street or other public place in which such excavation is made
has been paved, the excavation shall be refilled as hereinbefore provided
up to the underside of the permanent pavement, and when such refilled
excavation is in proper condition the pavement torn up or damaged
by such excavation shall be replaced with new material. The pavement
torn up or damaged by such excavation shall be replaced in accordance
with the specifications under which the pavement was constructed.
Whenever any caving occurs in the side walls of any excavation the
pavement above such caving shall be cut away, and in no case shall
any void under a pavement be filled by any side or lateral tamping.
The replacing of pavements and back filling under pavements shall
be done under the supervision of an inspector duly authorized by the
superintendent of streets to inspect such work. The superintendent
of streets shall collect from the person making the excavation the
cost of the inspection, at an amount to be established by the superintendent
of streets for each inspector so employed and all such money collected
by the superintendent of streets shall be paid to the city treasurer
of the city and placed in the street fund of the city.
(Code 1954 § 19.14)
It shall be the duty of every person making any excavation in
any public street or public place, to maintain safe crossings for
vehicular traffic at all street intersections. Free access must be
provided to all fire hydrants and water gates and all gutters shall
be maintained free and unobstructed.
(Code 1954 § 19.15)
It shall also be the duty of every person making any excavation
in any public street or public place, to place and maintain barriers
at each end of such excavation and at such places as may be necessary
along the excavation to prevent accidents, and also to place and maintain
lights at each end of such excavation and at distances of not more
than 50 feet along the line thereof, from sunset each day to sunrise
of the next day, until such excavation is entirely refilled.
(Code 1954 § 19.16)
A.
After
any excavation is commenced, the work of making and refilling the
same shall be prosecuted with due diligence and so as not to obstruct
the street or other public places of travel thereon more than is actually
necessary therefor. If the work is not so prosecuted or if the work
of refilling does not, in the judgment of the street superintendent,
comply with the terms of this chapter, the superintendent of streets
shall notify the person named in the permit that the work is not being
prosecuted with due diligence or that the refilling of such excavation
has not been properly done, and shall require such person within 5
days after the service of such notice, to proceed with the diligent
prosecution of such work. Such notice shall be in writing or printed.
If such notice is not complied with, the superintendent of streets
shall do such work as may be necessary to refill such excavation and
to restore the street or other public place, or part thereof excavated,
to as good condition as the same was in before such excavation was
made. The cost of same shall be paid by the party to whom the permit
was given or deducted from the cash deposit or collected off the bond
given.
B.
The city shall pay the cost therefor, out of the money deposited as heretofore required by Section 12.08.010(B). If in lieu of a cash deposit a general deposit bond shall have been filed as provided in Section 12.08.010(B), an action at law shall be commenced and prosecuted upon the bond for the recovery of such damages as may have accrued, to the city, by reason of the failure to fulfill the conditions thereof.
(Code 1954 § 19.17)
On demand after the expiration of a period of 2 years after
the completion of any work done pursuant to this chapter, the cash
deposit, less the deductions made pursuant to this chapter, if any,
shall be returned to the person making the same or to his or her heirs
or assigns.
(Code 1954 § 19.18)
It shall be the duty of every person owning, using or controlling
an interest in pipes, conduits, ducts or tunnels under the surface
of any public street, alley, sidewalk or other public place for supplying
or conveying gas, electricity, water, steam, ammonia or oil, in, to
or from the city, or to or from its inhabitants or for any other purpose,
to file in the office of the superintendent of streets within 15 days
after the first day of January, of each and every year, a corrected
map or set of maps, each drawn to a scale of not less than 200 feet
to one inch, showing the complete installation of all such pipes made
during the previous year. Each such map shall be accompanied by an
affidavit endorsed thereon subscribed and sworn to by such person,
or by the president or secretary of a corporation to the effect that
the same correctly exhibits the details required by this chapter to
be shown thereon.
(Code 1954 § 19.19)
The provisions of this chapter shall not apply to any person
of this city doing work under a contract awarded by the city council.
(Code 1954 § 19.20)
Nothing in this chapter shall be construed to prevent any person lawfully maintaining any pipe or pipes, conduit or conduits in any public street, alley or other public place, from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed; provided, that the person making such excavation shall file a statement and plat and make the deposit, either special or general, therefor, as required by Section 12.08.010(B), within 4 hours after the offices of the city are first opened subsequent to the making of such excavation.
(Code 1954 § 19.21)
