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No person, firm, or corporation as principal agent, employee, or otherwise, except officers, agents, and employees of the city acting within the scope of their employment, shall excavate in any street, avenue, court, alley, place, sidewalk, or other highway in the city without first obtaining from the city engineer or his authorized representative a written permit so to do, and without first making the deposits and paying the fees as required in this chapter. This section shall not be applicable to excavations performed pursuant to contracts awarded therefor by the city.
(Prior code § 12.04.020 (Ord. 487 § 1, 1960))
Every application for a street excavation permit shall be in writing upon forms to be provided by the city engineer and shall contain a statement of the location of the proposed excavation, its width, length, and depth, the purpose for which the proposed excavation is to be made, and the probable length of time it will remain open. The application shall be dated and shall bear the signature and address of the applicant.
(Prior code § 12.04.030 (Ord. 487 § 2, 1960))
The city engineer shall investigate such application and, if it is found that there is a public or private necessity for such excavation, that it can be made without permanent material injury to public or private property, and that it will not be detrimental to the best interests of the city or to the residents in the neighborhood of such excavation, he shall issue the permit upon the payment of the fees, and the making of the deposits hereinafter required. Otherwise, he shall deny such application.
(Prior code § 12.04.040 (Ord. 487 § 3, 1960))
A. Each street excavation permit shall be in writing, shall be signed by the city engineer, and shall contain a statement of the location of the proposed excavation, the width, length, and depth thereof and the length of time allowed for making such excavation and restoring the surface and the pavement.
B. The provisions of the permit may vary from those of the application, but the work shall be done in accordance with the terms of the permit, the laws and ordinance governing such work in the city, and in accordance with the requirements of the city engineer relating thereto.
(Prior code § 12.04.050 (Ord. 487 § 4, 1960))
A permit issued for street surface improvements or a permit issued for an excavation under this chapter shall provide that the permittee shall indemnify, save, and keep the city, its officers, agents, and employees, free and harmless from and against any and all claims for injury, damage, loss, liability, cost, and expense of any name or nature whatsoever, which the city, its officers, agents, and employees may suffer, sustain, incur, or pay out as a result of any and all actions, suits, proceedings, claims and demands which may be brought, made or filed against the city, its officers, agents, and employees by reason of or arising out of, or in any manner connected with, any and all operations authorized or permitted by the permit, until all work authorized or permitted by the permit shall have been completed to the satisfaction of the city engineer and has been accepted in writing by the city engineer.
(Prior code § 12.04.060 (Ord. 487 § 5, 1960))
A. No permit to make an excavation on any street, alley, or other public place shall be granted by the city engineer unless the applicant posts with the city engineer a cash deposit or surety bond to guarantee performance of the work and restoration of the city property as required in this chapter. The amount of the cash deposit shall be determined as follows:
1. Seventy-five cents for each square foot of area of proposed excavation in or under any type of pavement or surfacing material;
2. Fifteen cents for each square foot of area of proposed excavation which is not in or under pavement or surfacing of any kind;
3. The minimum deposit shall be twenty-five dollars and the maximum shall be one thousand dollars; provided, that if the maximum deposit is posted, it shall cover any number of permits the depositor may require while the deposit is maintained.
B. If the applicant elects to post a surety bond in lieu of the cash deposit, the bond shall name the city as obligee, shall be executed by the applicant as principal and by a corporation authorized and licensed so to do by the state as surety, and shall be in the principal sum of one thousand dollars. The bond shall be conditioned upon performance of all work and the restoration of all city property altered or damaged pursuant to any permit issued to the applicant under this chapter in the manner provided in this chapter. Any number of permits may be issued under the bond and the liability of the surety on any such bond may be terminated as to future acts or omissions only by the filing of a written notice thereof at least ten days before the effective date of such termination.
(Prior code § 12.04.100 (Ord. 496, 1960: Ord. 487 § 10, 1960))
Any deposit made for an excavation permit pursuant to Section 12.08.070 may, at the request of the person making the deposit, be refunded to such person upon the completion and acceptance by the city engineer of any work authorized under an excavation permit. If the deposit is refunded, a new deposit shall be required if a new permit is to be obtained.
(Prior code § 12.04.110 (Ord. 487 § 12, 1960))
Every applicant for an excavation permit under this chapter shall pay to the city permit and inspection fees for all excavation involving unimproved dirt, oil dirt, A. C. paving, concrete sidewalk, curb and gutter, driveway aprons and such other matters as established by the city engineer, in such amount as shall be from time to time adopted and approved by resolution of the city council.
(Ord. 79-10-830 § 7: prior code § 12.04.070 (Ord. 487 § 6, 1960))
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