[P.S. Code § PS406.1]
The following definitions shall apply in the enforcement and interpretation of this article, unless clearly indicated to the contrary:
CONSUMER
Any person, association, corporation or municipality or other political subdivision of the state or of the United States supplied with gas by any utility.
SERVICE CONNECTION
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.
UTILITY
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.