A. Minimum Charge; Special Circumstances For Backfilling:
1. When an application required by this chapter is filed for making an excavation in any street, avenue, alley or highway, the city engineer shall make an estimate of the cost of backfilling, compacting the backfill and repairing the pavement, sidewalk or road surfacing, based on a schedule of charges to be established from time to time by the city council, which schedule shall be on file in the office of the city engineer.
2. In case the applicant for the permit has the proper mechanical equipment for tamping backfills, and obtains written permission from the city engineer, he may do his own backfilling and tamping, in which case the work shall be done under the supervision of the city engineer and the applicant shall protect the work with barricades and red lamps.
3. In the case of extensive improvements being made or proposed to be made in newly opened or undeveloped streets, backfilling of excavations may be made without compaction, if a petition is presented to the city council and the city council grants the permission requested, in which case the work shall be done by the applicant, according to the terms of the petition, and under the supervision of the city engineer.
4. In the case of utilities, such as water mains, gas mains, telephone and electric conduits and city sewers, being proposed to be constructed in rock or gravel surfaced streets, oiled streets or unimproved streets, a permit may be issued on the basis of the applicant therefor reimbursing the city for the costs of restoring the street to a condition satisfactory to the street commissioner, if a petition is presented to the city council, and the city council grants the permission requested, in which case the work shall be done by the applicant according to the terms of the petition, and under the supervision of the street commissioner.
B. Refund Of Backfilling Fees: In case backfilling an excavation is less than the amount estimated in the permit application filed pursuant to this chapter, the difference shall be refunded or credited to the permittee, except that in no case shall the charge for an excavation be less than for ten (10) square feet of excavation. (Rev. Ord. 1782, Comp. 1941, p. S-20)