CHAPTER 3
EXCAVATIONS

SECTION:

7-3-1: Public Improvements Amortization Period

7-3-2: Delegation Of Authority

7-3-3: Conformance Required

7-3-4: Permits

7-3-5: Backfilling Fees

7-3-6: Cutting And Patching New Pavement

7-3-7: Restoration Of Parkings

7-3-8: Excavation Procedures

7-3-9: Backfilling Requirements

7-3-10: Maintenance Of Barricades And Warning Lights

7-3-11: Liability Of Excavation Permittee

7-3-12: Payment Of Costs

7-3-13: Violation; Penalty

7-3-1: PUBLIC IMPROVEMENTS AMORTIZATION PERIOD:

   A.   The period of amortization for public improvement projects for opening, establishing or grading streets, the construction of portland cement concrete or asphalt concrete street improvements, storm sewers, sanitary sewers, water mains, pedestrian underpasses and overpasses, sewage pumping stations, disposal or treatment plants, drainage conduits, channels and levees, street lighting, parking facilities, and appurtenant facilities, is hereby established as ten (10) years, to be calculated commencing from the date of adoption by the city council of the resolution accepting the completed public improvements.

   B.   The period of amortization, to be computed in the same manner as established in subsection A of this section, is hereby established as ten (10) years for sidewalks and three (3) years for the repair of street grading, street surfacing with oil, gravel, oil and gravel or chloride, and ten (10) years for the removal of diseased or dead trees.

   C.   In any instance where the city council determines that the useful life of a public improvement should be for a different time period than hereinabove established, the city council may so provide for such period by amendment hereto, prescribing the appropriate amortization period as may be applicable to these specific public improvements. (Ord. 2871, 2-28-1977; amd. Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989)

7-3-2: DELEGATION OF AUTHORITY:

Whenever the term "city engineer", or "street commissioner" shall appear in this chapter, it shall also mean and include the authorized representative of that officer specified. (Rev. Ord. 1782, Comp. 1941, p. S-20)

7-3-3: CONFORMANCE REQUIRED:

All excavations made in the public streets, alleys, highways or public grounds of the city shall be made according to the provisions of this chapter, unless otherwise directed by the city council. (Rev. Ord. 1782, Comp. 1941, p. S-20)

7-3-4: PERMITS:

   A.   Required; Exceptions:

      1.   No person except the street commissioner or the city engineer, while acting in their official capacity, or a contractor in performing the necessary work on a contract with the city, shall make or cause to be made any excavation in any street, avenue, alley or highway in the city for any purpose whatever, except for the grading and landscaping of parkings, without first obtaining a permit therefor signed by the city engineer.

      2.   All new street excavation permits shall be accompanied by a fee in an amount set by resolution of the city council and collected by the city engineer's office. Work performed by the city shall not require a permit fee.

   B.   Application For Permit: Any person desiring a permit required by this chapter shall make application therefor to the city engineer on blanks to be furnished by the city engineer, stating the name of the person desiring to make the excavations; his place of residence; the act for which the permit is desired; the time during which the work is to be done; the location of the cut in the street; the dimensions of the cut; the house number; the lot and block number; the name of the addition; and that the applicant agrees to comply with all the requirements of this chapter, and to pay to the city, on demand, all damages which it may sustain by reason of the act for which the permit is asked not being performed according to the requirements of the permit and this chapter; and to pay any person injured in person or property all damages which it may sustain by reason of the act or acts for which the permit is sought, not being performed according to the requirements of the permit and this chapter; and to pay any person injured in person or property all damages which such person may sustain by reason of negligence on the part of the applicant, or his employees, agents or servants, and to indemnify and save harmless the city from any damages resulting by reason of such person to whom the permit is to be issued.

   C.   Contractor's Bond: Any person desiring to excavate or perform pavement repairs within the city must first file a right of way construction bond with the city clerk in the sum of fifteen thousand dollars ($15,000.00). This subsection does not apply to city employees working in an official capacity, Waterloo water works, city contracts, or city franchise agreements. The application for excavation must be approved by the city council and conditioned upon the fulfillment of the following:

      1.   Faithful performance of all duties and regulations required by this chapter;

      2.   Faithful performance of every excavation specification on file in the city engineer's office, and/or any provision of this code or other city ordinance regulating excavation within the city;

      3.   Prompt payment to the city of any sums that may become due for any reason or under this chapter;

      4.   Prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the life of the bond; and

      5.   Upon indemnifying and keeping the city harmless from any liability arising from said person's excavating within the city.

   D.   Release Of Property Owner: A permit required by this chapter for any excavation in the pavement of any street, avenue, alley or highway in front or abutting property not owned by the person employing the applicant for the permit, shall be issued only when a release from the owner of the property is filed with the application. In case the applicant is unable to secure the release and the application is refused by the city engineer for this or any other reason, the applicant shall have the right to petition the city council therefor, and if approved by the city council, the city engineer shall issue the permit in accordance with this chapter.

   E.   Term Of Permit; Extension Of Time: The time stated in the permit application filed pursuant to this chapter during which the work is to be done, shall be the same time the permit is valid or in force. Any person requiring an extension of time to complete the work for which a permit was issued under this chapter shall present the permit to the city engineer for an extension of the completion date, and no extension of time shall be valid unless signed by the city engineer.

   F.   Permits Kept At Job Site; Inspection: All permits issued pursuant to this chapter must be kept at the place of excavation while the work is being done, and exhibited when called for by the city official having the authority to examine the permit. (Rev. Ord. 1782, Comp. 1941, p. S-20; amd. Ord. 2878, 4-18-1977; Ord. 3777, 3-25-1991; Ord. 5386, 2-6-2017)