(A) Permit required. No person shall disturb, remove or damage any part of the subsurface, surface or pavement of any city-maintained street in the city without first obtaining a permit to do so, signed by the City Clerk.
(1991 Code, § 11-56)
(B) Application, issuance. The City Clerk shall issue a permit to any person desiring to remove, ditch or excavate in, through or under any city-maintained street in the city only upon the satisfaction of the following requirements.
(1) The applicant shall file a request for such permit with the Clerk upon a form provided by the Clerk, stating therein the work proposed to be done, the necessity therefor, the specific manner in which the applicant will replace the surface or pavement, an estimate of the cost of replacing the surface or pavement to its original condition and the applicant’s pledge that the surface or pavement will be replaced in substantially the same condition as before the purposed ditching or excavating.
(2) The Clerk shall present the application to the City Council for approval or disapproval.
(3) If so directed by the Council, the Clerk shall issue a permit for the applicant to proceed with the work proposed, but the Clerk shall not issue the permit until the applicant has made bond with sufficient surety, approved by the Clerk, that the pavement, surface and subsurface materials will be replaced in substantially their original condition, in an amount sufficient to cover the cost of the work, indemnifying the city in the event of the failure of the applicant to replace the pavement or surface within 15 days after the date of the permit, or within such time as is designated by the Council, when, and if, the application for permit is approved.
(1991 Code, § 11-57)
(C) Scope of permit approval. The decision of the City Council in approving or disapproving an application for a permit under this section shall be final and this section shall not be construed to prevent the City Council from imposing additional requirements other than those set out in division (B) above upon the applicant.
(1991 Code, § 11-58)
(Ord. 620.2, passed --)