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§ 95.13 EXCAVATION IN STREET.
   (A)   No person, firm, corporation or association shall be permitted to cut into, excavate or disturb a street, alley, roadway or pavement within the corporate limits of the city until such person, firm, corporation or association shall before doing the work obtain an excavation permit from the City Planning Department.
   (B)   When any person, firm or corporation has dug into, excavated or disturbed in any way any public street, alley, sidewalk or other public thoroughfare or place of the city, the person, firm or corporation, upon completion of this work shall immediately notify the City Planning Department, and under the supervision of the City Engineer shall refill the ditch or excavation, thoroughly tamping same and restoring it to its former condition.
   (C)   The payment for the refilling and the resurfacing of the street, roadway, alley or pavement shall be paid for by the person, firm, corporation or association disturbing, digging into, or excavating the pavement or surface.
   (D)   Any person, firm, corporation or association working in or upon any street, sidewalk or other public way must provide Temporary Traffic Control for all road users to include motorists, bicyclists, and pedestrians in accordance with Part 6 of the Manual on Uniform Traffic Control published by the Federal Highway Administration and Section 112 of the Kentucky Standard Specifications published by the Kentucky Transportation Cabinet, in addition to any applicable federal and state occupational health and safety requirements.
(Ord. 2019-1781, passed 8-22-19)
ROAD AND BRIDGE PROJECTS
§ 95.21 PUBLIC HEARING REQUIRED.
   Before the city expends state derived tax revenues on a municipal highway, road, street, or municipal bridge it shall hold a hearing in accordance with the provisions of § 95.22 to take the sense of the public with regard to the project and to priorities for use of tax monies for road and bridge purposes (see KRS 174.100).
(Ord. 2019-1781, passed 8-22-19)
§ 95.22 NOTICE REQUIREMENTS.
   The city is required to have a hearing before the contemplated date of expenditure of state derived tax revenue on a road or bridge. The city may choose to have a hearing for one or more than one project at a time as long as each project is identified separately at the hearing. The city shall give notice in the manner required by KRS Chapter 424 of a public hearing to take the sense of the public with regard to road and bridge matters within the city. Notice of the hearing shall be given not less than seven (7) days nor more than twenty-one (21) days before the scheduled date of the public hearing and before beginning work on any project covered by this section (see KRS 174.100(1)).
(Ord. 2019-1781, passed 8-22-19)
§ 95.23 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.
   (A)   At the hearing any person may speak with regard to any proposed project, any project which he or she believes should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.
   (B) The city shall not be bound by the testimony heard at the hearing but shall give due consideration to it (see KRS 174.100(1), (2)).
(Ord. 2019-1781, passed 8-22-19)
§ 95.24 HEARING TO BE HELD PRIOR TO CONSTRUCTION.
   The city shall not begin construction on a road or bridge project wherein state derived tax revenues are involved until the hearing as provided herein has been held (see KRS 174.100(3)).
(Ord. 2019-1781, passed 8-22-19)
§ 95.25 SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED.
   A single hearing encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this subchapter (see KRS 174.100(4)).
(Ord. 2019-1781, passed 8-22-19)
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