§ 90.051 SUPERVISION OF STREET EXCAVATION WORK.

   All the work of excavating or making any character of opening in any of the streets, alleys or highways of the city shall at all times be under the supervision of the Building Official. The person doing the work shall do the work in the manner directed by the Building Official to the end that the streets and highways of the city shall not be unduly disturbed and traffic thereon obstructed.

(1998 Code, § 106-77)

§ 90.052 RESPONSIBILITY FOR REPAIR OF STREET.

   (A)   Where excavating or digging is done in the streets for the purpose of making sewer, gas, water or wire connections, or for any other purpose, at the instance of and for the benefit of the abutting owner, the abutting property owner shall be liable and responsible, and the person doing the work shall be liable and responsible, for the proper and sufficient repair of the street, and the City Engineer is hereby authorized and required to make the necessary and proper repairs at the cost and expense of the person doing the work, or having the work done, or for whose benefit the work is done, or at the cost and expense of each of the persons or all of the persons, jointly and severally.

   (B)   Where the work is done by any person for his or her own use and benefit in the execution of his or her business, the person doing the work shall be liable and responsible for the proper repair of the street, and the City Engineer is hereby authorized and required to make the repairs at the cost and expense of the person doing the work or having the work done.

(1998 Code, § 106-78)

§ 90.053 MANNER OF REPAIRING AND FILLING STREET EXCAVATIONS.

   (A)   All holes or trenches dug in the streets shall, after the work contemplated has been completed, be repaired and filled with new material of the same kind and character as that originally placed in the street, when the street was last built or repaired.

   (B)   In all cases where any work is done in and upon the streets of the city, the backfilling must be puddled and rammed, the streets must be left in at least as good condition as they were before the work was done and the streets disturbed; and the person doing the work and the person for whom it is done will be held responsible for the work and for any subsequent settling of the ground. Whenever notified by the City Engineer that the street has become out of repair where the excavation was made and on account of the work done, the person responsible therefor shall instantly cause the street to be repaired.

(1998 Code, § 106-79) Penalty, see § 10.99

§ 90.054 PROTECTION, GUARDS AND WARNINGS FOR EXCAVATIONS OR HOLES IN PUBLIC PLACE.

   It shall be unlawful for any person to take out a pole or put in a pole or take out or put in a grating or light area in any sidewalk, street, alley or public place within the corporate limits of the city without protecting, guarding or warning the public against any hole in the sidewalk, street, alley or public place. After the pole, grating or area cover is put in or taken out, all the excavations or holes shall be guarded with red lights at night or, if reasonably necessary, with a guard or barrier by day or night to protect the traveling public along the sidewalks, streets, alleys or public places from personal injuries.

(1998 Code, § 106-80) Penalty, see § 10.99

§ 90.055 DUTIES UPON COMPLETION OF WORK IN STREET.

   After the excavation or opening shall have been made, the person so making it shall backfill the excavation with such materials and in such manner as the City Engineer may require, and leave the street or highway in at least the same condition as it was before the opening therein was made.

(1998 Code, § 106-81) Penalty, see § 10.99

§ 90.056 ACCEPTANCE OF COMPLETED WORK IN STREET; USE OF BOND OR DEPOSIT TO PAY FOR COST OF REPAIRS.

   (A)   The conditions of the bond required by § 90.047 of this chapter shall not be considered to have been complied with until the Engineer shall have accepted the street or highway as being in good condition.

   (B)   If the person making the opening shall fail to leave the highway in a good state of repair, satisfactory to the Engineer, then the Engineer shall call upon the bondsmen to pay for the cost of repairing the highway; provided, however, that, if it is a cash deposit instead of a bond the engineer may proceed to have the street or other highway put in good condition, paying for the work out of the deposit made with him or her; and, if there be any remainder of the deposit after paying for the work, the remainder shall be refunded to the person making the deposit.

(1998 Code, § 106-82)

STREET RENTAL CHARGES

§ 90.070 APPLICABILITY.

   The provisions of this subchapter shall apply to any and all persons engaged in the business of distributing, selling or delivering natural gas within the corporate limits of the city.

(1998 Code, § 106-113)

Charter reference:

   Street rental from public utilities, see Art. XVII, § 12

Cross-reference:

   Oil and Gas Wells, see Ch. 120

   Pipelines, see Ch. 121

§ 90.071 ANNUAL REPORT OF GROSS RECEIPTS.

   All persons using or maintaining any poles, wires, gas pipelines, pipes, conduits and other fixtures in any of the streets, highways, easements, alleys, parks or other public ways and places within the corporate limits of the city, for the purpose of distributing, selling or delivering natural gas within the city, shall, on or before February 1 of each and every year, file with the Director of Transportation and Planning, or his or her designee, a sworn report showing the gross receipts from the sale of gas to consumers for residential purposes within the city, and also showing the gross receipts from the sale of gas to commercial consumers, as the consumers are so classified by such persons, within the corporate limits of the city for the next preceding year ending December 31.

(1998 Code, § 106-114)