Any person making or causing to be made an excavation on any lot or other tract of ground, contiguous to any street, avenue, sidewalk, alley, public square, or other public way, so that the same by caving or otherwise shall in any manner endanger or injure any street, avenue, sidewalk, alley, public square or other public way, shall, upon conviction, be deemed guilty of a violation of this article.
(Code 1973, § 25-19; Code 1997, § 95.20; Ordinance 52-9, adopted 3/19/1952)
It shall be the duty and responsibility of every person making or causing to be made any excavation, cut, embankment, or other hazardous condition in or upon any public street, alley, avenue or other public place to keep and maintain suitable barriers and barricades at such places as they may be necessary along and about such excavation to prevent accidents, and also to place and maintain red lights or flares at each end of such excavation, cut, embankment, or other hazardous condition and at a distance of not more than 50 feet apart along the length thereof from sunset each day to sunrise of the following morning, which protective facilities shall be kept and maintained until such excavation, cut, embankment, or other hazardous condition is entirely refilled, removed, or repaired, and any person who shall fail to perform such duties shall be guilty of a violation of this section.
(Code 1973, § 25-20; Code 1997, § 95.21; Ordinance 52-9, adopted 3/19/1952)
When any part or portion of any street, avenue, alley, sidewalk, public square, or other public way in the city shall be torn, dug up, or taken up for any purpose, the person doing the same shall immediately, upon the completion of the work or purpose for which made and as fast as practical, repair and replace the same to its original condition in such manner as will entirely prevent the settling of any earth and replacement of any improvements torn or removed and to the satisfaction of the city engineer, and in the event any paving, sidewalk, or other improvement replacement is required, the person doing such work shall request inspection by the city engineer of the work immediately prior to replacing of such improvements and immediately after such improvements are made. Such improvements shall in all things be constructed and made to the satisfaction of the city engineer and in accordance with plans and specifications for street cuts located in the office of the Director of Public Works, City Hall, Harlingen, Texas.
(Code 1973, § 25-21; Code 1997, § 95.22; Ordinance 52-9, adopted 3/19/1952; Ordinance 80-4, adopted 4/2/1980)
It is hereby declared to be unlawful for any person to make or cause to be made any excavation, embankment, or opening in any street, avenue, alley, or sidewalk, or in any public square or other public way within the city, without a written permit from the city engineer as provided in this division, and each and every day such an excavation, embankment, or opening shall be permitted to remain after notification from the city engineer to remove the same or without having secured such written permit shall constitute a separate offense and violation hereunder.
(Code 1973, § 25-27; Code 1997, § 95.23; Ordinance 52-9, adopted 3/19/1952)
(a) 
The provisions of this division shall not apply to those utility and communication companies furnishing a utility or communication service in the city whose franchise or contract with the city permits excavations and provides for the restoration of the streets, alleys, and other public places, except in the following cases:
(1) 
Where excavations are made for the purpose of erecting or constructing an electric transmission line carrying more than 15,000 volts.
(2) 
Where excavations are made in connection with underground installations other than poles, guy poles, and guy stubs.
(b) 
Compliance by any utility or communications company with the permit provisions of this division shall constitute and be accepted as full compliance by such utility or communications company with any requirement of its franchise or contract ordinance that it obtain permits prior to making excavations or installing lines.
(Code 1973, § 25-28; Code 1997, § 95.24; Ordinance 52-9, adopted 3/19/1952)
(a) 
The permit required by section 40-68 shall be in such form as shall be prescribed by the city manager and shall be issued only upon written application as follows:
(1) 
All persons using the streets, avenues, alleys, sidewalks, public squares, or other public ways of the city under franchise, contract, or authorization of the city commission and licensed plumbers authorized to do work in the city shall annually, prior to January 1, make application for a permit for the ensuing year to make emergency repairs on transmission lines or facilities involving cuts, excavations, embankments, or openings of any kind in the city's streets, avenues, alleys, sidewalks, public squares, or other public ways, which application shall state the address of the person or officer responsible for the carrying out of any such work, and which application shall contain a provision whereby the applicant binds itself or themselves to notify the city engineer at the earliest practicable time, and, in any event, within 48 hours, of the location of such work, the nature thereof, and any other information as may be required by the city engineer relative to such work and in the form required.
(2) 
Every other person other than enumerated in the foregoing subsection (a) of this section shall make application for permit prior to the beginning of any work, which application shall contain the residence or business address of the applicant and the name of the person responsible for the carrying out of the work under such permit and shall state in detail the location, area, and the length and width of each cut, excavation, embankment, or opening desired to be made. The application shall further state the nature of the work to be done and a description of any improvements that will be torn out or damaged in such work and shall contain or shall have accompanying such application, a plat showing the exact location of each proposed cut, excavation, embankment, or other openings of any kind whatsoever, proposed to be made in any street, alley, sidewalk, public square, or other public way in the city, and such other details with reference to such work as the city engineer may require to be shown upon such plat.
(3) 
Any persons or utility company using the streets, avenues, alleys, sidewalks, public squares, or other public ways under franchise or contract with the city or authorization from the city commission shall, prior to the making of any excavation, cut, embankment, or other opening in any street, avenue, alley, sidewalk, public square, or public way for the purpose of laying a new line or relocating a line, shall make application for a permit therefor, which application shall contain the name and address of the applicant and the name of the person responsible for the work to be done. They shall state in detail the work to be done and shall in all cases be accompanied by a plat showing the exact location of any proposed cut, excavation, embankment, or other opening proposed to be made in any street, alley, avenue, sidewalk, public square, or other public way, and the purpose for which the same is to be made and which shall contain all such other details as the city engineer may require to be shown upon such plat. The provisions of this division shall not apply to replacement of existing facilities so long as such replacement is in the same location.
(b) 
Each application for permit as above required shall contain a provision binding the applicant to hold the city harmless from the claims of any and all persons arising out of the issuance of such permit or by reason of the manner in which any cut, excavation, embankment, or other opening is made, or protected, or any work done thereunder; and that the applicant will, at its or their own cost and expense, defend any suit, action, or claim for damages which may be instituted against the city for any loss, expense, or damage charged or imposed upon the city by reason of the granting of such permit or by reason of the manner in which any cut, excavation, embankment, or other opening is made, or protected, or any work done thereunder.
(c) 
Each application for a permit as required in this division shall contain a provision whereby the applicant binds and obligates itself or themselves to do any work thereunder as fast as practical and to promptly and in an efficient manner remove any cut, excavation, embankment, or other opening made in any street, avenue, alley, sidewalk, public square, or other public way, and replace the fill and surface according to the city standard specifications as will entirely prevent the settling of such fill, and, where improvements of any nature have been removed or damaged, will replace such improvements in a skillful and permanent manner and to the satisfaction of the city engineer, and that, in the event applicant fails to perform such obligations within a reasonable time, in any event within 24 hours after written notice from the city engineer, that the city engineer may cause any required work to be done and the applicant will be liable to the city for the reasonable cost of such work.
(Code 1973, § 25-29; Code 1997, § 95.25; Ordinance 52-9, adopted 3/19/1952; Ordinance 80-40, adopted 4/2/1980)
A charge as established in the city fee schedule in chapter 18 shall be made for the issuance of the permit required under this division and a charge as established in the city fee schedule in chapter 18 shall be made for the issuance of each permit required under section 40-69(a)(2) and (3). Such charges shall be made and paid at the time of the issuance of such permit, and no permit shall be issued unless and until the foregoing provisions have been fully complied with.
(Code 1973, § 25-30; Code 1997, § 95.26; Ordinance 52-9, adopted 3/19/1952; Ordinance 80-40, adopted 4/2/1980)
In the event any holder of any permit fails to perform its or their obligations thereunder within 24 hours after delivery of written notice from the city engineer, such permit may be ordered cancelled by the city engineer upon the approval of such cancellation by the city manager, and upon such cancellation, no new permit shall be issued or old permit be reinstated until the city manager shall be satisfied that the applicant will perform the obligations imposed under such new permit.
(Code 1973, § 25-31; Code 1997, § 95.27; Ordinance 52-9, adopted 3/19/1952)