(A) Inspection of underground utilities. Before the roadway of any street or alley within the city is permanently improved it shall be the duty of every public utility that is using the street or alley or any part thereof for gas, water, or similar pipes or conveniences, to carefully and thoroughly inspect and make all needed or necessary repairs to all pipes, which shall include all service pipes then in use or theretofore laid in the street or alley, so as to make all pipes and all connections thereto in a high state of efficiency and in first class condition in all respects. It shall likewise be the duty of the owners of property abutting on the street or alley to make all new private connections with sewer, gas, water, and other similar pipes and conveniences, and to bring the connections inside the curb line of the street and outside of the line of the alley, within 30 days after the adoption of the preliminary resolution by the Board of Public Works and Safety or other legal authority of the city ordering the permanent improvements of the street or alley and the publication of notice as by law provided.
(B) Notice to owner to connect to utilities. Whenever the Board of Public Works and Safety or other legal authority of the city shall adopt a resolution for the permanent improvement of the roadway of any street or alley or part thereof, it shall declare in the resolution its intention of making, by contract and at the owner's expense, all private connections with sewer, gas, water, and other like pipes and conveniences, and of bringing the connections inside the curb lines of the street and outside of the line of the alley for each lot, where it has not already been done by the abutting property owner or other person or corporation for the use and benefit of any owner. The declaration of the Board's intention shall be made a part of the notice concerning the street or alley improvements as required by law. On default of any owner making the connection within the time specified, the Board shall proceed to do so at the owner's expense, and the expense shall be a lien on the property affected and collectible in the same manner as expenses for other street and sewer improvements. The work of making the private connections and bringing them within the curb line of the street or outside of the line of the alley at the expense of the abutting property owner shall be included in the general contract for the permanent improvement of the street or alley.
(C) Connection by city; lien. Bidders on the improvement of any street or alley shall state the amount bid per lineal foot on account of each kind of private connections with sewer, gas, water, or other like pipes and conveniences, and of bringing them within the curb line of the streets and outside of the line of the alleys including curb box and curb cock where not already done. The cost shall be charged by the Board to the owner of the property on the assessment roll, and the amount shall be a lien on the property and collectible in the same manner as the costs and expenses for other street improvements.
(D) Placement of utilities by city; lien.
(1) Whenever the Board of Public Works and Safety or other legal authority shall adopt a resolution for the permanent improvement of the roadway of any street or alley or part thereof, it shall declare in the resolution its intention of making by contract and at the expense of every public utility, a careful and thorough inspection of all gas, water, or other like pipes or conveniences and connections in the street or alley owned or used by any public utility and of causing to be made all needed or necessary repairs to all pipes and connections to make all the pipes and connections efficient and in first class condition in all respects. The declaration of this intention by the Board shall be set forth in the published notice given concerning the street or alley improvement.
(2) On default of any public utility to inspect and repair any pipe or connection owned or used by it within the time specified, the Board or other legal authority of the city shall proceed to do so by contract or otherwise at the expense of the utility. All the expense shall be a lien on the property of the utility used in furnishing or supplying service to the city and the inhabitants. The lien may be enforced in any appropriate proceeding or method, or the full amount of the expense may be retained by the city out of any money it owes to the utility. The work of inspecting and repairing all pipes and conveniences at the expense of the utility shall be included so far as practical in the general contract for the permanent improvement of the street or alley, and bidders on any improvement shall state the amount per day or other unit that will be charged each public utility for inspecting and repairing any pipe, in the event that the utility fails, neglects, or refuses to do so.
(E) Approval of City Engineer. All work of making the private connections and bringing them within the curb lines of streets and outside of the lines of alleys, and inspecting and repairing pipes already laid, as hereinbefore provided, whether done by the owner or by contract made by the Board of Public Works and Safety, or other legal authority of the city, shall be done only under permit from and subject to the approval of the City Engineer.
(F) Franchises unaffected. The provisions of this chapter shall not in any manner nor to any extent lessen or abrogate any provision, stipulation, or condition contained in any franchise granted by the city to any public utility relating or pertaining to the repair of streets or alleys. These provisions are supplementary and additional to the terms, conditions, and stipulations contained in any franchise.
(G) All utility manholes or valves in the roadway of a city street or alley shall be adjusted to grade either before, while or immediately after permanent improvements are made. The utility shall perform this work in conformance with the city standards on file in the office of the City Engineer.
(Ord. 3035, passed 5-18-92; Am. Ord. 3235, passed 5-2-94) Penalty, see § 101.99