§ 12.12.010. Underground utility construction.

A.

Permit Required. Every individual, corporation or association wishing to install any underground utility line, pipe, conduit or do any other underground construction or installation work, other than maintenance of an existing facility, within a street or alley right-of-way or city utility easement, shall first secure a written permit from the city secretary.

B.

Plans to be Approved. A permit will be issued by the city secretary only after plans for the proposed utility construction have been reviewed by city utility superintendents and found not to be in conflict with the location of existing or proposed city utility lines. Scaled drawings showing the proposed work, depth in relation to existing street level, horizontal location in relation to right-of-way lines and other facilities, and such other information as may be deemed necessary for this review shall be required. Plans shall be approved or rejected, with reason for such rejections, within ten (10) days after they have been received by the city.

C.

Safety and Insurance Requirements. The applicant shall show proof of insurance equal to or exceeding the city's statutory liability, and hold the city safe and harmless from all damages and suits arising from the construction of facilities under this permit. Work shall be executed in a safe and orderly manner, with provision made for proper warning and traffic control. At no time shall the work be left in an unsafe or nuisance condition.

D.

Notification of Utility Departments. Persons doing work under this permit shall notify the city secretary or utility superintendent not less than twenty-four (24) hours before work begins.

E.

Pavement and Street Repairs. Pavements and street and alley rights-of-way shall be repaired to the satisfaction of the street superintendent; and, the person, corporation or association to whom the permit is issued shall be responsible for necessary repair to said pavements or surface for a twenty-four (24) month period. Franchise holders shall be responsible for all work done for them by contractors or other outside parties. Failure to comply with conditions of the permit, conform to approved plans, or to make repairs in a prompt and suitable manner shall be cause for stopping work and withholding of further permits until such condition is corrected.

F.

Fee. Prior to issuance of a permit, the applicant must pay the fee prescribed by the city council for the permit.

G.

Penalty. A person commits an offense if the person performs any work described in subsection A of this section without having first obtained a permit. A violation under this subsection is punishable as provided in Section 1.12.010 of this Code. It is a defense to prosecution under this subsection that the person has entered into a currently effective franchise agreement with the city which authorizes work on public rights-of-way and requires the payment of a franchise fee to the city.

(Prior code § 22-12)