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§ 96.21 ADMINISTRATION FEE.
   Upon the filing of the application with the Director of Planning and Development as provided in § 96.20, an administration fee shall be deposited with the Director of Planning and Development in the amount of $35 to cover the expense of administering the procedure outlined in this chapter, and the cost of mailing notices and release forms to all abutting property owners. The application fee is non-refundable.
(Ord. 96-57, passed 10-22-96)
§ 96.22 NOTICES MAILED TO ABUTTING PROPERTY OWNERS.
   Upon the filing of the application and fee as provided in §§ 96.20 and 96.21, the Director of Planning and Development shall mail notices of the application and release forms by certified mail, return receipt requested, to all abutting property owners.
(Ord. 96-57, passed 10-22-96)
§ 96.23 PROCEDURE IF PORTION OF STREET IS ABANDONED OR CLOSED.
   In the event the application requests that only a portion of a through street, alley or public way which is open to public access from either direction is to be abandoned, altered, closed or vacated, then it shall be necessary for the applicant to provide the Director of Planning and Development with the names and last known mailing addresses of all abutting property owners both for the portion to be closed and for that portion which is to remain open in either direction up to the next intersection with another street, alley or public way. Notices and release forms will be mailed to all such abutting property owners for the closed and open portions of the street, alley or public way as provided in § 96.22 of this Code.
(Ord. 96-57, passed 10-22-96)
§ 96.24 PUBLIC MEETING.
   The proposed action by the City Council shall be placed on the agenda for the next public meeting of the City Council occurring after the Director of Planning and Development has received a properly-executed release form from each person entitled to receive notice under §§ 96.22 or 96.23 of this Code, or such other public meeting as the City Council may set. The application, if not acted upon at the first public meeting at which it appears on the agenda, may be continued on the agenda to subsequent public meetings if it is in the best interest of the parties and the public as the City Council of the City of Harker Heights, Texas, may in its sole discretion determine.
(Ord. 96-57, passed 10-22-96)
§ 96.25 EXCEPTION.
   The procedure set forth in this subchapter shall not apply to requests for the abandonment of utility easements.
(Ord. 96-57, passed 10-22-96)
STREET CUTTING
§ 96.35 PERMIT FOR DIGGING REQUIRED; EXCEPTIONS.
   (A)   No person, firm, or corporation, or combination thereof, shall hereafter dig any holes or trenches upon, through, or beneath the streets, avenues, alleys, squares, and public grounds of the city, nor lay any pipes, mains, laterals, or any connecting or service pipes, nor any underground sewer or underground wiring along, across, or beneath the streets, avenues, alleys, squares, and public grounds of the city, without first having filed with the Public Works Department an application and plan in writing to do so and without having first obtained a formal written approval of such application and map and a permit to perform such work, except in the following cases:
      (1)   Street cutting permit fee will be established by the City Council during the Annual Budgeting Process.
      (2)   In cases of emergency that may arise on holidays or outside of prescribed working hours of city hall offices, utility companies may cut or puncture the right-of-way of streets and alleys without first getting a permit to do such work, provided that where such cuttings or punctures are made by any such utility company in the right-of-way of a street or alley, such company shall apply for and obtain a permit for such work on the first working day after the work is done.
   (B)   Prior to the cutting of any street, a street cutting permit must be physically in the possession of the individual or concern performing the work. Instructions on the procedures to restore the street to its original condition will be included. On a paved street, after all the procedures to include placing the concrete have been followed, the city will put in the asphalt.
(Ord. 64-3, passed 6-9-64; Am. Ord. 72-12, passed 5-9-72) Penalty, see § 96.99
§ 96.36 PERMIT FEE.
   The charge for a street cutting permit for a paved street will be $50.
(Ord. 72-12, passed 5-9-72)
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