(A) No person, firm, or corporation shall make any excavation within any street or alley in the City of Wells, Faribault County, Minnesota, for the purpose of installing water, sewer, steam, or gas pipes, electric or telephone conduits, or for any other purpose, without first obtaining a permit for the excavation.
(B) Applications for permits shall be made to the City of Wells in writing on forms provided for that purpose and shall state the exact location of the excavation, purpose of the excavation, length of time required for the work to be completed, width and length of excavation, and the other information as may be required.
(C) Permits approved for excavation of any street or alley shall be in writing and shall be available for inspection by any authorized city official or police officer.
(D) (1) Before a permit is issued, the applicant requesting the permit shall pay to the City of Wells a fee in accordance with the following schedule:
Surface Type | Per Lineal Foot of Excavation | Minimum Fee |
Gravel surface | $.50 | $10 |
Bituminous surface | $1 | $20 |
Concrete surface | $1.75 | $35 |
(2) Fees shall be required from the Public Utilities Commission only for the actual cost of the repair upon completion of the project. In the event extraordinary conditions necessitate street repairs costing in excess of the fee collected, the excess cost shall be paid by the persons securing the permit.
(E) Cutting of the street surface shall be made by the person securing the permit. Removal of the excavated material and replacement of the area disturbed shall be by the city street maintenance foreperson.
(F) Excavations greater than 4 feet in width will not be permitted generally and may be made only when expressly provided on the permit. Streets may not be closed to traffic unless authorized by the city police officers or the city street foreperson. Excavations shall be properly protected and identified by barricades and flags in the daytime, and by flares and red lanterns at night. Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience to traffic.
(G) In the event that work shall cease or be abandoned without due cause, the city may, after 6-hours’ notice of intent to do so, fill the excavation, repair the street, and assess the entire cost against the person, firm, or corporation to whom the permit was issued.
(H) Emergency excavations to prevent loss or damage to property may be commenced outside regular business hours without a permit, provided that a permit shall be obtained at the earliest practicable time.
(I) Each permit holder shall indemnify and save harmless the City of Wells from all damages caused in the execution of the work, all costs in connection with the repair of the streets and alleys, and each permit holder shall pay any and all damages that may be suffered by the city or the public by reason of the failure of the person securing the permit to observe the terms of this chapter or by reason of negligence in execution of the work.
(J) The provisions of this chapter are not in lieu of but in addition to all utility permits that may be required by ordinance or by rules and regulations of the Public Utilities Commission and of the City of Wells.
(Ord. 145, passed 8-7-1956) Penalty, see § 10.99