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It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavations in any street, alley, or other public place in the city without having obtained a permit as is herein required or without complying with the provisions of this subchapter or in violation of or variance from the terms and conditions of any such permit. The permit shall be obtained by the person, firm or corporation intending to tunnel under or to make any excavation or cut in any street, alley, right-of-way or sidewalk at least 24 hours in advance of the work to be performed.
(1990 Code, § 4.2) Penalty, see § 10.99
Applications for such permit shall be made to the City Clerk and shall describe the location of the intended excavation, tunnel or cut, the size thereof, the purpose therefor and the person, firm or corporation doing the actual excavation work and the name of the person, firm or corporation for whom the work is being performed and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be performed.
(1990 Code, § 4.3)
The respective fees for such permit shall be as set by the City Commission administratively. The fees shall be kept at the city offices and will be available to the public at request. The respective fees shall be subject to administrative change by the City Commission without necessitating further change or amendment to this chapter.
(1990 Code, § 4.4)
No such permit shall be issued unless and until the applicant therefor shall have filed with the City Clerk a bond in the sum of $5,000, conditioned to 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 or constructing any such tunnel, excavation or street cut. The bond shall have as surety a corporation licensed to do business in the State of Michigan as a surety bond company.
(1990 Code, § 4.5)
It shall be unlawful to make any such excavation, tunnel, or street cut prior to notifying the City Water and Sewer Departments in sufficient time before such excavation to allow them to stake and locate any city water and/or sewer lines in the area. It shall also be necessary to notify the utility companies and “Miss Dig.”
(1990 Code, § 4.6) Penalty, see § 10.99
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