§ 193-1. Permit required; fee.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). No person, except an authorized City employee or a contractor performing work under a contract with the City, shall make any excavation in a street, alley, sidewalk, or public ground without first having secured a permit therefor from the City Clerk/Treasurer. The fee for such permit shall be as set by City Council for each location covered by the permit, but no fee shall be required for an excavation made pursuant to a permit.

§ 193-2. Application forms; compliance required.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The City Clerk/Treasurer shall prepare the necessary application forms and permits required under § 193-1. Editor's Note: See excavation permit at the end of this chapter. Any person making an excavation covered by this article shall comply herewith.

§ 193-3. Bond.

A. Any permittee except a public utility corporation shall file with the City Clerk/Treasurer in lieu of a surety bond a certified check in the amount of $1,000 conditioned that the permittee will: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Perform work in connection with the excavation in accordance with applicable ordinances and regulations;

(2) Indemnify the City and hold it harmless from all damage caused in the execution of such work; and

(3) Pay all costs and damages suffered by the City by reason of the failure of the permittee to observe the terms of applicable ordinances and regulations or because of negligence in the execution of the work.

B. The bond shall be approved as to form and legality by the City Attorney.

C. Any permittee except a public utility corporation shall furnish proof that the permittee has in existence an insurance policy protecting him from liability to the public, including the City, to an amount equal to the maximum claim the City might be required to pay under Minnesota Statutes Chapter 466.

§ 193-4. General regulations for street openings.

Street openings shall be made in a manner that will cause the least inconvenience to the public. Provision shall be made for the passage of water along the gutters, and at least 1/2 of the traveled portion of the street shall be left open and in good condition for the safe passage of vehicles. Open excavations shall be guarded with substantial barriers and marked with red flags and at night with red lights or flashing devices. Pipes or mains exposed to freezing temperatures shall be protected so as to prevent freezing. Any person responsible for exposing a City main or pipe so that it might be damaged by freezing shall be liable to the City for all damages caused by such freezing and all damages sustained by others by such freezing for which the City may be liable.

§ 193-5. Refilling of excavations required; debris removal; restoration.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Every street excavation shall be refilled as soon as possible after the work is completed and paving, sidewalks, and appurtenances shall be replaced in at least as good condition as before the excavation to the satisfaction of the City Council. All debris shall be removed immediately. Any person who fails to comply with the requirements within 24 hours after notice from the City shall be liable to the City for the full cost incurred by the City in remedying the defect and restoring the street, sidewalk, alley, or public ground to its proper condition. The cost shall be an obligation of the surety on the bond of the permittee.

§ 193-6. Map of subsurface installations.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The Street Superintendent shall maintain a map showing the location of all utility and other installations made beneath the surface of any public street, grounds, or right-of-way. The information on the map shall be sufficiently complete and accurate to permit anyone making an excavation in a public place having any underground installation to avoid damage to any existing underground installation and to properly locate any new underground facilities. All new utilities shall be recorded on the map as soon as practicable upon the issuance of an excavation permit or the completion of a contract for the installation of City underground installations.

§ 193-7. Violations and penalties.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Violations of this article shall be punishable as a petty misdemeanor as provided in Chapter 1, Article III, General Penalty.