(a) Whenever Council enacts any ordinance or resolution providing for the paving or repaving of any street or alley, the Public Works Director shall promptly publish in the official newspaper of the City a notice to each person owning any sewer, main, conduit or other utility in or under such street or owning any abutting real property, whether improved or unimproved, including City departments.
(b) Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts or excavations in such street for a period of five years after the completion of the street improvement and that applications for excavation permits, for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than sixty days from the publication of such notice.
(c) In the event any utility, City department or abutting owner shall fail, within such sixty days, to perform such excavation work as may be desired, all rights to make openings, cuts or excavations in such street or alley shall be forfeited for a period of five years from the completion of such street or alley improvement.
(d) During the five-year period specified in subsection (c) hereof, no excavation permit shall be issued unless, in the judgment of the Public Works Director, an emergency exists which makes it absolutely essential that the excavation permit be issued.
(1977 Code §§ 24-136, 24-137; Ord. 94-80. Passed 9-19-94.)