It is unlawful for any unauthorized person, firm or corporation to remove, destroy, cut or encumber any sidewalk, alley, curb, gutter, or any improved surface of any street or alley, or to make any opening or excavation therein or in the area known as the “parking,” between the right-of-way of the street and the adjacent private property line, or to lay any pipes or wires therein in the city, unless and until a permit shall have been issued by the city authorizing such work. Such permit shall be issued upon application to the City showing the reason for such work and the nature of the work proposed to be done and upon the approval thereof by the City; provided, that the private property owners adjacent to the public property shall not be required to obtain a permit for the purpose of planting trees, shrubs or flowers in the public property.
(Ord. 205)
No person, firm or corporation desiring to perform any excavation work in the public property referred to in Subsection A shall be issued the permit for such work until that person, firm or corporation has first filed with the City Clerk a performance and maintenance surety bond in favor of the City in the amount of ($5,000) or the value of the restoration, whichever is greater, for a term consistent with the term of the permit plus two (2) additional years, conditioned upon the permittee’s faithful performance of the provisions, terms and conditions of this Section. In the event the City shall exercise its right to revoke the permit granted herein, then the City shall be entitled to recover under the bond the full amount of any loss occasioned. A further condition of the bond shall be that the person, firm or corporation will hold the City harmless from all liability arising from any work performed by said person, firm or corporation, pursuant to the permit referred to in Subsection A. Any person, firm or corporation making application for the permit referred to in Subsection A shall submit to the City a certificate of insurance indicating the applicant’s current insurance coverage with a company licensed to do business in the State of Kansas in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars (2,000,000) in the aggregate. The insurance will protect the City from and against all claims by any person or entity whatsoever for loss of damage from personal injury, bodily injury, death, or property damage to the extent caused by or alleged to have been caused by the negligent acts or omissions of the permittee. If the permittee is self-insured, it shall provide the City proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts.
(Ord. 205)
Any permit issued for making any excavation, opening or cut in any street, curb, gutter, alley of right-of-way, including the parking and sidewalks therein, shall specify the location of such opening, the approximated depth and area of the authorized excavation or cutting, and the curb, gutter, sidewalk and other improvement to be cut or removed and rebuilt or replaced by the permit tee within a period to be limited by such permit. All permits shall be considered to be active until such time that the City gives written approval of all necessary and required restoration work at the permit location. Permits will then be considered to be open for an additional two-year maintenance period commencing on the date of acceptance of the restoration work.
(Ord. 205)
The applicant for a permit referred to in Subsection A granting applicant permission to work with the public right-of-way excluding the right to cut, remove or destroy or make any opening or excavation within the surface of any portion of any street or curb and gutter section within the public right-of-way of the City, shall pay the sum of fifty dollars ($50.00) for each permit so issued. The applicant for a permit granting applicant permission to cut, remove or destroy or make an opening or excavation within the surface of a portion of a street within the public right-of-way of the City shall pay the sum of fifty dollars ($50.00) for the first twenty-five square feet of pavement surface removed or any portion thereof. The permit fee shall increase at the rate of one dollar ($1.00) per square foot for each additional square foot of pavement surface removed at the permitted location up to a maximum of five thousand dollars ($5,000.00). The applicant for a permit granting applicant permission to cut, remove or destroy a portion of a curb and gutter sections within the public right-of-way of the City shall pay the sum of fifty dollars ($50.00) for each permit so issued. The applicant for such permit to cut, remove or destroy or make an opening or excavation within the surface of any portion of any street or curb and gutter section within the public right-of-way of the City shall also submit to the City a two hundred fifty dollar ($250.00) cash deposit at the time the permit fees are paid. This cash deposit will be used to cover costs incurred by the City to maintain a safe work zone during the period the street is encumbered with the permitted work including, but not limited to placing temporary patch material, performing permittee’s obligations pursuant to Subsection H, as well as cover additional permit fees owed because the actual cut was larger than originally planned. The balance of this deposit will be returned to the applicant upon successful completion of the street cut repair and a written request from the applicant such payment. If the total amount of the deposit is inadequate to cover the costs that may be incurred by the City, the permit holder shall be liable for any additional amount required to cover these costs.
(Ord. 205)
It is unlawful for any person, firm or corporation to leave any excavation open or uncovered or to leave any building materials, vehicle or like obstructions in any street, alley, sidewalk, curb, gutter, public parking lot, or public way in the City during the course of any improvement, unless the same be guarded at all times by barricades and unless any such work or obstructions be guarded with lights sufficient in number and so placed as to warn and guard vehicles and pedestrians from injury or danger. The Police Department shall be notified of all such obstructions. All such barricades and traffic control devices shall be constructed, and installed in accordance with the most current edition of the Manual on Uniform Traffic Control Devices or other such generally accepted standard as designated by the City Engineer. Additional safety precautions may be required when in the opinion of the City Engineer they are necessary.
(Ord. 205)
If any street, pavement, public parking lot, sidewalk, or curb and gutter shall be damaged by any person operating under a permit issued under the provisions of this Subsection, the permit holder shall repair or replace the same at his or her own expense, and he or she shall be liable on his or her bond for the satisfactory repair of same. If the total amount of the bond is inadequate to make satisfactory repairs or pay damages which may have been sustained, the permit holder shall be liable for any additional amount required to make the repairs or pay damages. The permit holder shall under no circumstance be considered as an agent of the City. All work or repairs shall be done to the satisfaction of the City Engineer. If repairs are not made of if unsatisfactorily made, the City may complete the same and charge the costs to the permit holder. The permit holder shall further be subject to punishment under the provisions of this Section.
(Ord. 205)
It shall be the duty of any person making an excavation in any of the improved or unimproved streets, alleys, or other public grounds of the City to replace the disturbed area in accordance with the requirements shown in this Section and as set forth herein in the following diagram. In the event the excavation did not occur in the street surface the excavation may be backfilled with suitable materials other than AB-3; provided that the earth backfill is compacted to ninety percent standard density. The finish surface shall be restored to original condition or better according to the City Engineer’s requirements. The City Engineer shall be notified prior to backfilling and after the excavation and restoration is completed. The restored surface shall be maintained for a period of two years following restoration.
(Ord. 205)
The permit application shall be and in fact is a guarantee by the permittee that the streets and right-of-way area in which the permittee is working and surrounding areas shall remain free and clear of dirt, mud, gravel and other debris which may in any way impede the flow of traffic or create a danger to the public safety and that proper erosion and sediment control devices will be installed and maintained during the project and until sufficient ground cover is established to prevent erosion in the future. If upon inspection, at any time during the period the permit is deemed open, the City Engineer or his/her representative determines that: (1) the affected area is not properly free and clear of dirt, mud, gravel and other debris, or (2) effective erosion control devices are not properly installed or maintained, then the City Engineer, or his/her representative shall provide written notice of the same to the permittee. Upon receipt of such notification, the permittee shall have a period of (4) hours to remove such dirt, mud, gravel or other debris from the area and a period of forty-eight (48) hours to install or repair erosion control devices. If the permittee fails to remedy all such defects with the affected area and within the time limits set for above, the City or its authorized representative may perform such duties as are necessary to remedy the situation and assess all costs against the cash deposit posted by the permit tee pursuant to Subsection D of this Section. If the total amount of the deposit is inadequate to cover the costs that may be incurred by the City, the permittee shall be liable to the City for any additional amount to cover these costs.
(Ord. 205)
The City Engineer shall have the right to superintend and inspect all such excavations, openings and cuts in the streets, alleys, sidewalks, curbs and gutters of the City, and all work done under the provisions of this Section.
(Ord. 205)
Any person, firm or corporation making any excavation, opening or cut in the street, alley, sidewalk, curb, gutter or public grounds of the City, without first complying with the provisions of this Section, or who shall violate any of the provisions of this Section, shall be deemed guilty of a Class B offense and upon conviction shall be fined in a sum not exceeding five hundred dollars. Each day that this Section is violated shall be deemed a separate offense.
(Ord. 205)