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A. Application: Any person desiring to cut through or tear open the surface of any street, alley or other roadway within the city shall first file a written application with the city finance officer. Said application shall state the object sought, the purpose for which said street is to be cut through or broken open, the proposed area of such opening, and the exact location thereof.
B. Action On Application:
1. Submittal To Public Works Director: The city finance officer shall submit such application to the public works director, and such public works director may, in his discretion, grant or refuse to grant such application.
2. Application Refused; Review By Council: The refusal of the public works director to grant any such application is subject to review by the city council.
C. Completion Of Work: Where the application is granted, whether by the public works director or the council, the applicant shall accomplish the proposed work within the time allowed by the public works director under his supervision; and, in accordance with rules, regulations and specifications on file in the city finance officer's office at the city hall, shall thoroughly backfill any such excavation or opening and restore the surface thereof to its previous condition or better prior to such excavation or opening.
D. Insurance: Before any application to open a street, avenue, alley, sidewalk, boulevard, or other public way or which may in any way or manner be connected with or related thereto, such applicant shall first file with the city finance officer a certificate of insurance or its equivalent providing for public liability coverage in the sum of not less than five hundred thousand dollars ($500,000.00) for each person, and not less than one million dollars ($1,000,000.00) in the aggregate for any one accident and not less than five hundred thousand dollars ($500,000.00) property damage to protect parties from any expense, cost, damage and any liability of any kind or character whatsoever resulting from or which may arise as a result of said applicant's opening any such street, avenue, alley, sidewalk, boulevard, or other public way, or which may in any way or manner be connected therewith, or relating thereto.
E. Intent: It is the intent of this section to regulate the opening of streets for repair or installation primarily of public utilities including, but not limited to, sewer, water, electrical, gas and telephone service connections.
F. Street Opening: Any opening in the surface of any public right of way within the city shall be opened according to the Montana public works standard specifications (MPWSS) section 02221 and OSHA standards for excavations on file in the office of the public works director.
G. Backfill Of Openings: All openings shall be backfilled in accordance with the standard specifications for backfilling on file in the office of the public works director. The contractor shall notify the city immediately after completion of the repair or placement of any utility service and before backfilling commences.
H. Barricades And Protection Of Openings: The contractor shall, at all times, be responsible for the barricading and protection of the opening and all openings will conform to occupational safety and health act (OSHA), manual of uniform traffic control devices (MUTCD) and MPWSS standards.
I. Fees For Street And/Or Sidewalk Openings Or Obstructions: The charges to be made for street and/or sidewalk openings or obstructions of any kind or character whatsoever shall be as follows:
1. There shall be a charge of five dollars ($5.00) for the cost of issuing the permit.
2. There shall be a charge of thirty dollars ($30.00) for the cost of inspection.
3. The contractor shall be responsible for all costs of reconstructing the street opening to the original condition before the construction was started and to the satisfaction of the public works director for a period not to exceed five (5) years.
J. Protection Of City Mains And Streets:
1. Hand Digging: All water and sewer mains shall be uncovered by hand digging. As the opening is being made, a person must be provided for the purpose of watching the operations as the bucket approaches the pipe so that the hand digging shall be provided in time to protect the city mains.
2. Liability For Breaking Water Or Sewer Main: The owner of the property for which the opening or ditching is done and the person performing the opening or digging shall be jointly and severally liable and chargeable for the breaking of a water or sewer main with a power shovel or ditcher and shall also pay the entire cost of replacing and repairing the same.
3. Steel Lugs: No equipment with steel lugs shall be used on a paved street. Such equipment shall be mounted on rubber tires except where permitted by the public works director.
K. Time Limit Specified: Before a permit may be granted, the applicant therefor must specify the time limit within which the work will be completed and the opening refilled. All openings in the streets and alleys must be refilled within forty eight (48) hours after the work of opening is commenced except in extraordinary cases and conditions for which a special permit therefor must be granted by the public works director specifying the period of time necessary to complete the work.
L. Barricades; Traffic Control: Every opening or excavation in any street, avenue, alley or other roadway within the city must be barricaded. All barricading and traffic control shall conform to the minimum standards as set forth in the newest version of the "Manual On Uniform Traffic Control Devices" for streets and highways, or any revised editions thereof. (Ord. 389, 8-16-2004; amd. 2015 Code)