CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 1. Streets

No person, firm or corporation shall make an excavation in any street, alley or other public grounds in the city for any purpose, without first obtaining a permit from the street superintendent authorizing the same.

(Code 2005, 5-300s; Code 2020)

All applications for permit shall be accompanied by a good and sufficient corporate surety bond in the amount of $1,000 executed to the city by the applicant for such permit, and conditioned that the principal in such bond will save the city harmless from any damage to persons or property resulting from or in any way growing out of any open or excavation made by such principal, his or her agents, servants or employees under such permit; and further that the principal shall pay any and all loss or damage occasioned by himself, herself, his or her agents, servants or employees and will comply with all ordinances of the city; provided that no bond shall be required of any person, under the provisions of this section, who have executed a bond to the city under any other article of the city conditioned upon the same provisions herein provided.

(Code 2005, 5-300s; Code 2020)

Any person, firm or corporation making excavations in any of the streets, alleys or public grounds in the city shall backfill all trenches or ditches or excavations made by them whenever deemed necessary by the street superintendent and such person, firm or corporation making such excavations shall follow the directions of any person directed by the city to supervise the work. The work of replacing all pavement cut or damaged, operating under a permit issued under the provisions of this article, shall be at the permit holder’s expense and shall be done in accordance with the following specifications:

(a)   The material used to fill the excavation in this permit shall be a “controlled density fill” or commonly referred to as “flowable fill”. The excavation shall be filled with “flowable fill” to a point that is eight (8) inches below the finished grade of any street, alley or public ground.

(b)   In all cases any such excavations deeper than four (4) feet shall be so braced as to prevent caving or injury to adjoining premises and the party making excavation and his or her bondsman shall at all times be liable to the city for damage arising by reason of neglect or carelessness in any respect concerning the excavation.

(c)   The replacement of paving or hard surfacing shall be done by the city for which a charge of $10.00 per square foot shall be made to the city by the holder of the permit.

(d)   All trenches or public property shall be properly protected at all times by barricades. A barricade light or lights, kept burning brightly from sunset to sunrise, shall be so placed as to warn traffic and pedestrians of the barricades and excavation and such other precautions as may be necessary for public safety shall be followed.

(Code 2005, 5-300s; Code 2020)