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Municipal Code

Chapter 13. Public Works

Sec. 13-33. Street excavations.

(1) Permit. No person shall excavate in any street, alley or public ground without a permit therefor from the director of public works.

(2) Bond. Before a permit may be issued for excavating in any public street, way, or alley, the person applying for such permit shall execute to the city and deposit with the city clerk a corporate surety approved by the city in a sum of $1,000.00 conditioned that he will perform faithfully all work with due care and skill and in accordance with the laws, rules and regulations applicable thereto.

  1. Liability. The bond shall state that the person will indemnify and save harmless the city and the owner of the premises against all damages, costs, expenses, outlays and claims of every nature and kind arising out of unskillfulness or negligence on his part in connection with such excavating.
  2. Length of bond. Such bond shall remain in force and must be executed for a period of one year except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration.
  3. When to file. Bonds in compliance with this subsection shall be executed and filed on or before January 1 of each year, and no permit for such excavating shall be issued before such bonds are so filed and executed by the person applying for such permit.

(3) Restricted in winter. No openings in the streets, alleys or other public ways shall be permitted when the ground is frozen, except in emergencies. In opening any street or other public way, all materials for paving or ballasting shall be excavated with the least possible injury or loss to the remaining portion and, together with the excavated material from the trench, shall be removed completely from the public right-of-way. All ditches and gutters shall admit the free passage of water.

(4) Protection of the public. No permit shall be issued if the method of construction or the location of the work to be performed will impair the public safety and convenience. The permit holder shall erect such barriers, warning lights and signs as will adequately inform the traveling public of the nature and location of the work being performed. All openings made in the public streets or alleys shall be enclosed with sufficient barriers, and red lamps shall be maintained upon the openings at night and all other necessary precautions to guard the public against all accidents from the beginning to the completion of the work shall be taken. Sewers and drains shall be laid only on condition that the excavator or plumber is bonded as provided for all damages that may result from his neglect of any necessary precaution against all accidents to persons or property of others.

(5) Restoring surfaces. All street surfacing removed for construction purposes shall be replaced by the city upon the completion of the work. The cost of such surface replacement shall be borne by the permittee. The board of public works shall establish rates per square foot for various types of surface replacement based on estimated costs. Each application for a permit which contemplates removal of street surface shall be accompanied by a deposit in an amount sufficient to cover the estimated surface replacement cost at the rates established in this subsection. At the completion of the work, the actual area of the surface cut or removed shall be measured by the city. If such area is greater than the amount covered by the deposit, the permittee shall be billed for any excess due; and if less, the permittee shall be refunded the amount overcharged.

(6) Protection of utility conduits; repairs and maintenance. All gas, water, sewer, electric or telephone conduits must be protected from injury or settling in a manner satisfactory to the director of public works. The licensee shall be responsible for all repairs or maintenance in connection with the excavation for a period of one year.

(7) Backfilling. All backfilling of such excavations shall be performed in accordance with the provisions of section 14-03(10) of this Code.

(Code 1982, 8.04)