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)
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)
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)