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ARTICLE II. PUBLIC WAY FACILITIES WORK
For the purpose of this article the following words and phrases shall have the following meanings ascribed to them respectively.
“FACILITIES.” All pipes, cables, wires, poles, anchors, valves, manholes, housings, and underground and above-ground conduits of all kinds.
“FACILITY WORK.” All excavations, tunneling, and installation, maintenance or removal of underground and above-ground facilities.
“PUBLIC WAY.” All dedicated or publicly used, improved and unimproved, sidewalks, streets, alleys, paths, parks, malls, rights-of-ways and other thoroughfares in the city.
“UTILITY.” All publicly and privately owned water, sewer, gas, electrical, telephone, cablevision, telecommunication and other franchised and unfranchised utilities.
(1986 Code) (Am. Ord. 2017-10-19(B), passed 10-19-17)
It shall be unlawful for any person to conduct any facility work in, under or above any public way without having delivered or postmarked a notice as required herein, or without complying with the provisions hereof, or in violation of or at variance from any terms or conditions imposed by city officials pursuant hereto as to any permitted facility work. The person actually performing the work shall give the required notice unless it is agreed that the person for whom the work is to be performed shall do so. The Director of Public Works/City Engineer may order immediately closed and restored in accordance with this chapter any facility work site commenced or continued without proper notice having been given. The notice shall be delivered or postmarked to the Director of Public Works/City Engineer, on forms provided by the city, and shall state the locations of the intended facility work site(s), the size thereof, the purpose therefor, the person for whom the work is being done, the person doing the actual work, the individual supervising the work, the manner and material to be used in any backfilling, the beginning and completion times, the indemnity furnished, and such other information as may be required by the Director of Public Works/City Engineer. Notices shall further contain an agreement to comply with all ordinances, laws, and any advance terms and conditions of the city relating to the work to be done. Separate notice shall be filed for each facility work site, regardless of proximity to others.
(1986 Code) (Am. Ord. 2017-10-19(B), passed 10-19-17; Am. Ord. 2019-08-15(B), passed 8-15-19)
Excavations or tunnels for which advance notice is given pursuant to the terms of this chapter may be deemed approved by the city and may continue for a period of seven (7) days from the date the work is begun unless work is stopped or subjected to terms and conditions in writing by the Director of Public Works/City Engineer. In no event shall an open trench excavation be left open or unrestored for longer than seven (7) days without written permission of the Director of Public Works/City Engineer. Approved timeframes for facility work other than excavations and tunnels will be in accordance with specific instructions provided by the Director of Public Works/City Engineer. The Director of Public Works/City Engineer may require such plans, drawings, or specifications as he may deem necessary to explain and condition the work to be done.
(1986 Code) (Am. Ord. 2017-10-19(B), passed 10-19-17; Am. Ord. 2019-08-15(B), passed 8-15-19)
(A) Notice required by § 41.021 shall not be valid unless the person giving notice has filed with the Director of Public Works/City Engineer a cash or surety bond to:
(1) Insure proper restoration of the ground, pavement and area affected by the facility work, in compliance with this chapter; and
(2) Indemnify the city for any loss, liability, or damage that may result or accrue from or because of the making, existence, or manner of guarding, constructing, or restoring any such area affected by the facility work site.
(B) Bonds shall guarantee surface restoration for a period of two (2) years from completion of the tunnel or excavation work, or from thirty (30) days after notice is given, whichever is later, and as may be required by the Director of Public Works/City Engineer for all other facility work. However, refund of cash bonds and release of surety on surety bonds may be obtained by notifying the Director of Public Works/City Engineer twenty-four (24) hours in advance of backfilling tunnels and excavations and by otherwise complying with the provisions of this chapter, as certified by the Director of Public Works/City Engineer. If the person giving notice does not comply with the backfill and restoration provisions of this chapter during the permitted work period or within twenty-four (24) hours after ordered to do so in writing by the Director of Public Works/City Engineer, the city may perform the work or contract for the work and deduct the expense from any cash bond and require payment by the surety bondsman. The principal on the bond shall be liable for any deficiency in the bond amount to cover the expense. A surety bond shall have as surety a corporation licensed to do business in Kentucky as a surety company and approved by the Director of Public Works/City Engineer. The amount of the bond shall be two hundred fifty dollars ($250.00), or the amount estimated by the Director of Public Works/City Engineer to be the actual cost of restoration considering the hazards involved, whichever is greater. However, any person or utility may post a continuous bond in an amount not less than one thousand dollars ($1,000.00) in lieu of separate bonds for each permit.
(C) Notwithstanding the expiration of any bond required under this section or compliance with requirements of city ordinances or orders of city officials, the person permitted to conduct facility work in public ways shall continue to be liable for repair and restoration of any surface and subsurface conditions resulting from such facility work for a period of five (5) years from the effective date of notice under § 41.021.
(Am. Ord. 2017-10-19(B), passed 10-19-17; Am. Ord. 2019-08-15(B), passed 8-15-19)
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