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Unless a specific penalty is otherwise provided, any person who shall injure or tear up any pavement, side or crosswalk, or any part thereof, dig any hole, ditch or drain in, or dig or remove any sod, stone, earth, sand or gravel from any public way or public ground in the city without having first obtained the necessary permit from the executive director of emergency management and communications and the commissioner of transportation, or who violates the terms or conditions of a permit for such work, shall be subject to a penalty for each offense of not less than $500.00 nor more than $1,000.00.
(Prior code § 33-5; Amend Coun. J. 7-13-88, p. 15000; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 6-23-93, p. 34415; Amend Coun. J. 1-14-97, p. 37762, § 15; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 5-13-09, p. 61354, § 1)
Editor's note – Formerly § 10-20-050.
For purposes of this article, the following definitions shall apply:
A “person” or “persons” who apply for or hold the public way work license or the public way work permit required by this article shall include individuals, sole proprietorships, partnerships, limited partnerships, firms, limited liability companies and corporations.
The term “restore” shall mean restoration or replacement of the pavement, components of pavement, or other materials to at least the condition that the pavement, components of pavement, or other materials were in before the work contemplated by this article was commenced.
A “substantial owner” means any person or entity holding a 25 percent or greater ownership interest in any firm, partnership, limited partnership, corporation or limited liability company; provided, however, that where no person or entity holds such an ownership interest, substantial owner shall mean each of the four persons or entities with the largest ownership interests; provided further, that with regard to an individual or sole proprietorship, substantial owner means that individual or sole proprietorship.
(Added Coun. J. 1-14-97, p. 37762, § 16)
ARTICLE II. UNDERGROUND TRANSMITTING DEVICES (10-20-200 et seq.)
No person shall, without a permit in writing from the commissioner of transportation, place any shaft, cable, pipe, main, conduit, wire or other transmitting or conducting device underneath the surface of any public way in the city by driving the same through the earth underneath the surface of any such public way, or by boring or tunneling under any such public way.
Any person may tunnel under stone or concrete sidewalks which do not exceed six feet in width for the purpose of installing sewer drains not to exceed six inches in diameter; provided, that a permit in writing shall be obtained from the commissioner of transportation for such purpose.
The commissioner of transportation is authorized to remove, cause the removal or cut out all shafts, cables, pipes, mains, conduits, tubes, wires or other transmitting or conducting devices at any time laid or placed underneath the surface of any public way in violation of the provisions of this section.
(Prior code § 33-6; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 17; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
If any person desires to lay any pipes, conduits, tunnels, wires or conductors or do any other underground work in any street which is to be improved by special assessment, such person shall lay such pipes, conduits, tunnels, wires or conductors and install such other underground work within 45 days after the confirmation of the assessment for the paving of such street in case such assessment is confirmed during the months of June or July, and if such assessment is confirmed during any other month, such pipes, conduits, tunnels, wires or conductors shall be laid and such other underground work installed within 60 days after the date of confirmation of such assessment; provided, however, that where such assessment is confirmed during the months of November, December, January and February, such period of 60 days shall be computed from the first day of March following; and provided, further, that whenever the public necessities require it, the commissioner of transportation may, in his discretion, grant to such person a period of time, not to exceed 15 days, in addition to said periods of 45 days and 60 days hereinbefore prescribed, within which to lay such pipes, conduits, tunnels, wires or conductors and install such other underground work. If such street be improved by any other method than by special assessment, such pipes, conduits, tunnels, wires or conductors shall be laid and other contemplated underground work shall be installed before the date of the completion of such improvement.
If such pipes, conduits, tunnels, wires or conductors are not laid, or if such other underground work is not done, within the time aforesaid, then, and in such event, such person shall, except as hereinafter provided, lay or do the same between the lot and curb lines or in the nearest alley contiguous to such paved street during the period of five years from and after the date of the acceptance of such improvement in such street by the proper authorities of the city; provided, that nothing herein contained shall preclude:
(a) The laying of service pipes, service conduits, service wires or service conductors used in connecting lots abutting on such street with the pipes, conduits, wires or conductors laid longitudinally in such streets.
(b) The repairs to pipes, conduits, tunnels, wires or conductors or to service pipes, service conduits, service wires or service conductors in such streets.
(c) The laying of pipes, conduits, tunnels, wires or conductors, or the doing of any other underground work in that portion of such street which lies between and opposite the entrance to any alley in which such pipes, conduits, tunnels, wires or conductors are laid, or in that portion of any street which intersects or crosses another street.
(d) The doing of any underground work in such portion of any street that is not paralleled by an alley within 250 feet from either side thereof and where the space, unobstructed by trees or other underground work, between the lot and curb lines, is less than four feet in width.
(e) The prompt and complete compliance on the part of the various transportation and street railway companies with the obligations and conditions imposed upon such several companies by the terms of the ordinances under and by virtue of which each of them claims the right of operating cars within the city, and nothing herein contained shall be construed as a waiver, restriction or granting of any right or as applying to the right-of-way of such several companies, as defined in said ordinances, so long as each right-of- way is paved, maintained and kept in good repair, as in said ordinances provided.
In no event shall the space between the lot line and the curb in any block in which there is in such space any excavation of any character, be used for the installation of any underground work, excepting service pipes, service conduits or service conductors.
(Prior code § 33-7; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 18; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
When poles and wires are to be removed from any street, the person maintaining such poles or wires shall, upon notice from the executive director of emergency management and communications or the commissioner of transportation, install the necessary conduits for his wires and appliances in the manner hereinafter provided.
A combination conduit system shall be constructed consisting of such duct space as may be required by each person, the ducts for each to terminate in a separate manhole to which no one except such person's own employees shall have access. Only such persons as have an express grant from the city council authorizing a conduit system shall have the right to duct space.
A conduit in any street may be constructed by any one of the persons requiring duct space, but the option of constructing such conduit shall be with the person requiring the most space and paying the largest proportion of the cost.
(Prior code § 33-8; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 19; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
When a conduit system is decided upon for a street, or a part thereof, plans shall be drawn showing the construction in detail, exact space occupied and location in the street. The plans must be approved by the majority of those requiring space in the conduit, and must also be approved by the commissioner of transportation and the executive director of emergency management and communications or someone authorized by him to approve the plans.
A standard form of construction shall be adopted and approved by the commissioner of transportation and the executive director of emergency management and communications and such standard construction shall be followed wherever conditions will permit.
(Prior code § 33-9; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 20; Amend Coun. J. 12-7-05, p. 64870, § 1.9)
Conduits shall be constructed of some approved form of pre-cast concrete which will admit of varying the number of ducts as conditions may require and maintain a uniform construction on all streets. The exact character of the material used shall be decided upon by such persons as are to occupy a part of such conduit space. Should they fail to agree, the commissioner of transportation and the executive director of emergency management and communications shall designate what material and class of construction shall be used, and his decision shall be final.
The cost of constructing the conduits shall be divided pro rata per duct foot of space required, and where individual lateral connections are required, the entire cost of such laterals shall be paid for by the person requiring them.
(Prior code § 33-10; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 21; Amend Coun. J. 12-7-05, p. 64870, § 1.9)
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