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A. Permit Required: No person shall make or cause to be made any excavation in any public street, avenue, alley or other public place in the city or dig up, cut into or remove any public sidewalk, curb or pavement without first obtaining a permit from the city manager as provided in this section. (2007 Code § 41-61)
B. Application; Accompanying Documents:
1. Filing Of Application: Before any permit required by this section shall be issued, an application therefor shall be filed with the city manager by the person desiring to do the work, which application shall state the place, amount and purpose of the contemplated work, the time when the work is to be started and the estimated time required for completion thereof, together with such other information as the city manager may reasonably require to determine whether the permit should be granted.
2. Agreement By Applicant To Perform Work In Proper Fashion: Each application shall contain an agreement signed by the applicant, in which the applicant agrees to perform the work, including all digging, tunneling, backfilling and restoration of the surface in a good and professional manner and in accordance with specifications established by the city manager, as well as an agreement by the applicant to compensate the city for the cost of restoring the pavement surface determined as provided in section 10-2-2 of this chapter. (2007 Code § 41-62)
C. Prerequisite To Issuance: No permit required by this section shall be granted to any person unless such person shall have agreed to defend, indemnify and hold the city harmless, and shall have provided a policy of insurance satisfactory to the city manager insuring the city against any liability arising out of the work. (2007 Code § 41-63)
D. Contents: Permits issued under this section shall show the work for which the permit has been granted, the name of the person to whom the same is issued, the location of the premises, the purpose of the excavation and the time within which the work shall be commenced and completed. (2007 Code § 41-64)
E. Council Approval Required For Issuance Of New Permits To Violators Of Permit Conditions Or Section: Any person who shall fail to comply with the terms and conditions of the permit issued pursuant to this section after written notice from the city manager, or who shall violate the terms of this section, shall not thereafter be granted another such permit without the prior approval of the city manager. (2007 Code § 41-65)
When a permittee under section 10-2-1 of this chapter has completed the excavation, including backfilling and restoration to the approval of the city manager, the paving surface shall then be restored by a contractor approved by the city manager or by the city as soon as practicable at the permittee's cost. The cost of the restoration of the pavement surface shall be determined by the city manager and shall include field labor supervision, materials, use of equipment and inspection. (2007 Code § 41-46)
No person shall, within the corporate limits of the city, leave or keep open or allow to be open any excavation or vault, in, on or under any street, alley, sidewalk or other public place, and fail to guard or protect the same so that persons passing, riding or driving near such excavation shall be endangered thereby. (2007 Code § 41-48)
Any work done under a permit provided for in section 10-2-1 of this chapter shall be performed in such a manner as to cause the least possible interference with the movement of traffic. On main thoroughfares, there shall be at all times sufficient traffic lanes open to permit a substantially normal traffic flow; otherwise the work shall be confined to the hours between nine o'clock (9:00) A.M. and four o'clock (4:00) P.M. or between twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M. In the event the work is of an emergency nature, the city manager may authorize work during other hours under such conditions as the city manager shall determine appropriate. (2007 Code § 41-49)
The work shall be started within one week from the date of the issuance of the permit required by section 10-2-1 of this chapter. (2007 Code § 41-50)
A. Manner Of Work: Any work done under a permit required by section 10-2-1 of this chapter shall be done expeditiously and in a good and professional manner and subject to the direction and supervision of the city manager.
B. Policy For Excavation In City Rights Of Way: The city manager shall develop, with the approval of the city council, a written excavation policy which shall govern the request, review, work, and restoration of an excavation in city rights of way. (Ord. 31-12, 5-7-2012)