[P.S. Code § PS406.1]
The following definitions shall apply in the
enforcement and interpretation of this article, unless clearly indicated
to the contrary:
Any person, association, corporation or municipality or other
political subdivision of the state or of the United States supplied
with gas by any utility.
The pipe and appurtenances which connect any gas main in
a public highway, street or alley with the inlet connections of a
consumer's meter on the consumer's premises.
Any person, firm, partnership, association or corporation
supplying gas to a consumer in the City by means of mains and pipes
laid in the streets, alleys and public places of the City.
[P.S. Code § PS406.11]
This article shall not be construed in any way
as a franchise, but as a regulatory measure controlling the use of
the streets, alleys and public places of the City by utilities. The
City Commission reserves the right to alter, amend or repeal this
article at any time and to make such further rules, orders and regulations
as may, from time to time, be deemed necessary by the City Commission,
in order to protect the interest, safety and welfare of the public
and the property rights of the City.
[P.S. Code § PS406.8]
A.
Each utility using the streets, alleys and other public
places of the City shall file and keep in force, with the City Clerk,
a bond in the sum of $25,000, unless changed hereafter by resolution
of the City Commission, the same to be approved by the City Commission
and to be in a form provided and approved by the City Attorney. Such
bond shall be conditioned upon the indemnification of the City for
all losses or damages sustained by any person arising or growing out
of the construction, operation or maintenance of the pipes, mains
or conduits or other equipment or services of the utility in the streets,
alleys, sidewalks or other public places of the City, when, as and
if the City shall become legally obligated and required to pay the
same to any such person.
[Amended 5-7-2018 by Ord.
No. 1964]
B.
Such bond shall further be conditioned that such utility
shall indemnify and save harmless the City from all losses and damages
caused by or arising or growing out of the work of the utility in
laying pipes, mains or conduits and all accessories thereto and the
operation and maintenance thereof, and that the utility shall properly
replace and restore all materials removed in any street in making
any openings therein in as good a state and condition as before being
disturbed.
C.
An adequate public liability insurance policy may
be filed in lieu of the bond required by this section.
[P.S. Code § PS406.3]
A.
No utility shall begin any new construction work in
any street, alley or other public place, without first obtaining a
permit so to do. Application for such permit shall be filed with the
Department of Public Works and shall be accompanied by plans showing
the streets, alleys and public places to be opened and the proposed
location of the pipes therein, with specifications of the kind and
size of pipe to be used. The Director of Public Works shall submit
such application and plans, after review and investigation, with recommendations,
to the City Manager for action. If the City Manager decides that the
application should be referred to the City Commission, he may so refer
it. After approval by the City Manager or the City Commission, the
Department of Public Works shall issue a permit authorizing the proposed
work.
B.
A utility, before opening the streets, alleys or public
places, for the purpose of service connections, shall apply to the
Department of Public Works for a permit for such work and no such
work shall be done until such permit is issued.
[P.S. Code § PS406.4]
A.
Whenever any utility shall dig up or trench any street,
alley or public place, it shall do so with as little disturbance,
impediment or interference with the ordinary uses thereof by the public,
as possible. The utility shall leave all streets open for travel unless
otherwise permitted by the Department of Public Works.
B.
All trenching, by utilities, in the public streets,
for the purpose of placing new construction or repairing, extending
or altering existing construction, shall be subject to rules and regulations
adopted by the Department of Public Works and approved by the City
Commission. All materials removed in trenching operations shall be
replaced in accordance with the specifications, rules and regulations
adopted by the Department of Public Works and approved by the City
Commission.
C.
All trenching and openings in paved or hard-surfaced
streets, alleys or public places shall be properly guarded and adequately
lighted, until resurfaced by the City.
D.
All trenching and openings in unpaved or dirt streets,
alleys or public places shall be refilled and made safe for travel,
and where any such refills have been made, the utility shall guard,
light and properly protect the same until safe for travel and shall
inspect such refilled openings, and if necessary, shall refill and
maintain such openings in a condition safe for travel until the same
shall be permanently safe for travel and until expressly relieved
from guarding, lighting and protecting the same by the public works
department.
[P.S. Code § PS406.5]
The depth at which any utility shall lay its
pipes or mains shall not be less than 24 inches or such further depth
as the Director of Public Works may prescribe.
[P.S. Code § PS406.7]
When any opening is made by a utility in the
streets, alleys or public places for construction or repair work,
the resurfacing shall be done by the Department of Public Works and
the utility shall pay for such work in accord with charges fixed by
the Department of Public Works and approved by the City Commission.
[P.S. Code § PS406.6]
Whenever the City Commission shall direct that
a street, alley or other public place be paved, surfaced or otherwise
improved, it shall be the duty of all utilities to immediately place
all pipes, conduits, services and other underground structures in
a state of good repair, to place services extending from the area
to be paved, and to make such extensions, additions and alterations
to the underground system as will insure that no removal of the newly
placed paving or surfacing shall be necessary for a period of not
less than five years. Such work shall be done in accordance with the
provisions of this article.
[P.S. Code § PS406.8]
A utility shall pay to the City within 30 days
after demand, all sums due from the utility to the City for any work
done or materials used by the City under the provisions of this article.
[P.S. Code § PS406.2]
No utility shall do any injury to any of the
streets, alleys or public places, nor to any shade trees therein,
nor in any manner interfere with or disturb any water or gas pipes
or any public or private drain or sewer, nor any underground lines
or conduits of electrical wires, or other appliances, nor any underground
property belonging to or hereafter to be laid by the City or any authorized
person or corporation.
[P.S. Code § PS406.9]
Any utility shall be liable to and shall reimburse
the City for all damages and injuries which may be caused to the streets,
avenues, lanes, alleys and other public places of the City, caused
by or arising or growing out of the existence therein of its mains,
pipes, conduits and equipment and apparatus and services accessory
thereto.
[P.S. Code § PS406.10]
In case any suit or action is brought in court
by any person against the City for damages resulting from the alleged
negligence or carelessness of any utility, such utility may, if it
so desires, intervene and defend such suit or action, upon written
notice given by the City Clerk to the utility. Such notice shall inform
the utility that suit has been filed and shall be served by the City
Clerk, by mailing the same to the principal office of the utility,
within 10 days after notice of such proceedings has been served upon
the City.
