909.08 OPENINGS IN NEW STREETS.
   (a)   Notices of Improvements. When the City shall improve or pave any street, the Manager shall first give notice to all persons owning property abutting on the street about to be paved or improved and to all public utility companies operating in the City, and all such persons and utility companies shall do all work which would necessitate excavation of the street within thirty (30) days from the giving of such notice. The time may be extended if permission has been requested in writing and has been approved by the Manager.
   (b)   Restrictions. Except in the case of emergencies as defined by this Article, the Manager shall have the right to refuse to grant a permit which would allow an excavation or opening to be cut into a street pavement less than five (5) years old. It shall be the duty of any person requesting such opening to submit a formal request in such form as the Manager shall prescribe. If the opening is authorized by the Manager, such person shall pay the fee as specified in Section 909.03(b)(1) to (5), inclusive. The Manager shall then issue, in triplicate, formal authorization to secure a street opening permit. One (1) copy shall be retained by the person requesting such authorization, one (1) copy shall be given to the person making the actual opening and one (1) copy shall be retained by the City. It shall be the duty of the person making the actual opening to then secure the street opening permit and comply with all other requirements of this Article. (Ord. 95-02. Passed 2-9-95.)