HomeMy WebLinkAboutOrd 13 - excavations and openings in the streets
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ORDINANCE NO. 13.
AN ORDINANCE PROHIBITING THE MAKING OF EXCAVATIONS AND OPENINGS
IN TIm STREETS OF THE CITY OF WEST UNIVERSITY PLACE, WITH01JT
FIRSrr OBTAINING A PERNIT THEREFOl1; GIVING AlJTHORITY 'ro ~lHE CITY
ENGINEER TO ISSUE PERMITS Fqt, SUCH PURPOSES; REQUIRING A WRITTEN
BOND OR CASH DEPOSIT TO BE MADE; PROVIDING THAT ALL EXCAVATIONS
AND OPENI,NGS MADE IN THE STREE'l' SHALL BE SUBJECT TO THE SUPEH-
VISION OF THE CITY ENGINEER; PROVIDING THAT PERSONS MAKING SUCH
EXCAVATIONS AND OPENINGS SHALL REPLACE ALL SOIL REMOVED AND
LEAVErf'THE STREET TN THE SAIVIE CONDITION AS BEFORE EXCAVATING
THEREIN; FIXING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
REPEALING ALL PRIOR ORDINANCES AND,DECLARING AN EMERGENCY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VffiST
UNIVERSITY PLACE:
Section 1.
That it shall be unlawful for any person, firm or cor-
poration to make any excavation or opening in any street, alley
or public highway of the City of West Uni~ersity Place, without
first having obtained a permit to do so.
Section 2.
The application for a permit to make any excavation or
opening in any of the streets, alleys or public _highways of
said city, shall s ta te clea'rly the name of the street or highWay
in which it is proposed to make such an opening; the exact
location in said highway wherein it is proposed to make such
opening; ,the purpose of making the opening, and the name of the
person, firm or corporation who proposes to make such excavation
or opening.
Section 3.
The application above referred to shall be made to the
City Engineer, and the said engineer shall estimate the proba-
ble cost of replacin[!; the 80il which may be removed from such
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public street or highway, D_nd shall require, the applicant to
file a written bond, with twOOT' more sldficient sureti~s,
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conditioned that tJ?-e \streets::b.all be placed in as good condition
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as before the excavation 01', oE~ming therein Was made, such ,bond
to be received and approved by the said engineer, but if the
applicant elect so to do, he may mai!hr.e a cash deposit in such sum
as may have been fixed by the engineer, ,in lieu of' th.e written'
bond. When the bond or deposit shall'have been accepted by the
,engineer,
the engineer shall then issue a permit for the exca-
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vation or opening named in the application, and the applicant
may then proceed with the work in the exact, loco. ti,on named in
his application, and in no other place.
Section 4.
All the work of excavating or making any character of
opening in any of the streets, alleys or highways of the said
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city, shall at all times be under the supervision of the city
engineer, -and the person or persons doing such work shall do
the same in the manner directed by the said engineer, to the end
that the streets and highways of the city be not 'unduly distur bed
and traffic thereon obstructed.
Section 5.
After the excavation or opening sl~ll have been made,
the person, firm or corporation so making it shall replace all
soil which may have been ,removed from the'public highway in mak-
ing such excavation or opening, and shall replace all shell and
other paving material on top of the soil and leave the said
street or highway in the same condition as'it was before the
opening therein 1Nas made, and the condi tim s of' tBe bond shall
not be cOll,sid.ered to have been complied with until the engineer
shall have accepted the stl'eet or hJ_ghway as being in good
cOT~dition. In the event thHt the person rnaking the opening
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shall fail to leave the highway in a good state of repair,
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satisfactor'Y to the engineer, then the engineer shall call
upon the bondsmen to pay for the cost of repairing such
highway, but in the event of a cash deposit inste~d of a bond,
the engineer may proceed'to have the street or other highway
put in good condition, paying for same out of the depos it made
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with him, and, if there be any remainder of said d~poSit after
paying for such w.ork, such remainder shall be refunded to the
person making the deposit.
Section 6.
Any person, "firm or corporation who shall make anyuo
excavation or opening oi';::any characte r in any street, alley
or public hig~way of the said city, or shall remove any of the
soil therefrom for any purpose, without first having received a
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permit therefor from the city engineer, shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined in
any sum not to exceed One Hundred Dollars ($100.00). Each
separate excavation or opening made in violation of this orcli-
nance shall co~stitute a separate offense.
Section 7.
That all prior ol'dinances covering the subject-mattel'
of this ordinance and all prior ordinanpes or any parts thereof
that are in conflict herewith, be and the same are heireby
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repealed.
Section 8.
The fact that certain original city ordinances are
lost or misplaced and/or there is conflict between ordinances
and confusion concernine; ordinnnces, creates an er'lergency -
and an imperative fY'lblic necessi ty, v!herefore the second and
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third readings of this ordinance are hereby suspended and -this
ordinance shall become effective in1mediately upon its passage,
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approval and publication as
Passed and approved
required bY};!.W.
this ,71 ~Of
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Feb11uary, 1929.
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