§ 42-12 OPENING OR EXCAVATING IN ANY STREET OR OTHER RIGHT-OF-WAY.
   (A)   For and after the adoption of this section, it shall be the duty of all persons desiring or contemplating the opening, breaking or excavating of any street, grass or utility plot, sidewalk, alley or other public way of the city, for any purpose whatsoever, to file a written application with the city, stating in general terms the character of the opening, breaking or excavation so contemplated, and giving the width, length and depth, together with the location thereof, and the maximum time that will be required to complete the opening or excavation, and the purpose for which the opening or excavation is proposed.
   (B)   Before the city shall issue to any person a permit to open or excavate in any street, sidewalk, grass or utility plot, or other public way in the city, they shall agree, in writing with the city, that they shall replace, backfill or reconstruct the opening so made and shall pay the entire expense therefor, the amount to be determined by the city and shown on the permit, and that the city shall have the right to determine and specify the kind of material to be used and the kind of work to be done for the purpose of replacing, backfilling or reconstruction of the opening or excavation. The agreement shall further state that the city may, at its option, elect to replace, backfill or reconstruct all or any part of the opening so made, in which event the replacing, backfilling or reconstruction work shall be done entirely at the expense of the person, firm, company or corporation so securing the permit for the opening or excavation. All reconstruction shall be performed in accordance with the attached specifications which are made a part hereof as if they were fully contained in this chapter.
(1977 Code, § 19-12) (Ord. 82-3, passed 2-22-1982)