CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 5. Excavations

No person, firm, or other corporation, other than authorized city employees, shall tunnel, punch or bore under any street, avenue, or alley, without first having taken out a permit and paid the fee therefor and given bond as hereinafter provided, and no person, firm or corporation, other than authorized city employees, shall dig or excavate any hole, ditch or trench across any street or avenue.

(Prior Code 11-601; Code 2023)

Any person, firm or corporation desiring to do any of the work set forth in Section 13-501 shall first make application to the City Clerk for a permit therefor. If the application for the permit is approved by the City Clerk, he shall issue the permit upon payment of a fee of $2.00.

(Prior Code 11-602; Code 2023)

No permit shall be issued under the provisions of this article until the applicant gives or has given to the City a good and sufficient bond in the sum of $250,000.00, conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and indemnify and hold the City harmless against all cost, expenses, damages and injuries by persons or by said City sustained by reason of the carelessness or negligence of such permit holder operating under the provisions of this article. Said bond shall remain in full force and effect for one year after the last construction referred to herein has been completed.

(Prior Code 11-603; Code 2023)

Any party operating under a franchise of under contract with the City for municipal improvements shall not be required to give bond as herein provided for. In case an emergency exists, or damages could reasonably be expected, then in that event any member of the City Council or the Mayor, by written permission, may waive the bond and permit requirements as herein provided for. In the event a waiver is obtained, said person, firm or corporation shall comply with Sections 13-502 and 13-503 within three days from the date of said waiver.

(Prior Code 11-604; Code 2023)

All work done as herein provided shall be done under the direction and to the satisfaction of the City Council, or their designee.

(Prior Code 11-605; Code 2023)

Any person, firm or corporation to whom any permit is issued, as provided in this article, shall enclose all excavations which they make in the public streets, avenues, or alleys, with sufficient barriers, barricades and danger signs at all times, and shall maintain sufficient red lights or burning flares at nighttime, and shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same. In making the excavation contemplated by this article such permit holder shall in so doing be deemed to have agreed to hold the City harmless from any claim for damages resulting from such work, and such persons, firm or corporation shall be liable to the City on their bond for the same.

(Prior Code 11-606; Code 2023)

Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not less than $10.00 nor more than $100.00 for each offense, and each and every day that any of the terms, conditions or provisions of this article are not complied with shall be considered a separate offense.

(Prior Code 11-607; Code 2023)