§ 9.08.01. Excavations—Deposit.

Before any person, corporation or utility, shall be permitted to excavate within the dedicated right-of-way of any street, alley, or other public place in the city for the purpose of installing sewer mains and sewer laterals, storm sewers, water mains, gas lines, oil lines, underground telephone or telegraph lines or cables, said person, corporation, or utility shall file in the office of the city clerk, a deposit sufficient to pay for the cost of any repairs or restoration of the street, alley or other public place to its original condition for which the person, corporation or utility may be liable.

A.

The amount of deposit shall be determined by the pavement type of types of the street excavated as follows:

Gravel or rock street, untreated

Gravel or rock street, treated

Rock base, asphalt top

Concrete street

Concrete street, asphalt top

Soil cement base, asphalt top

B.

On types of construction with the right-of-way the amount or deposit shall be determined by the director of community development, based on cost of replacement for that particular type of current construction costs. If in the judgment of the director of community development the job will be one that is so extensive and will involve so many streets and right-of-ways that individual deposits would be to neither the contractors advantage then one deposit may be permitted to cover all work to be done, with daily phone calls by the contractor to inform the city where work will be in progress.

C.

The amount of the deposit shall be at the rate shown above for the type of street excavated. For the first one hundred (100) feet of trench or fraction thereof and for each additional one hundred (100) feet or fraction thereof as shown on the plans of the proposed work filed in the office of the director of community development or determined by said director through field inspection, the deposit shall be applied at the shown rate.

D.

When more than one type of street is trenched, the amount of deposit will be a composite of the different street types at the rate shown.

E.

The deposit shall be in cash or certified check.

F.

The deposit shall be in full force and effect until the street or streets have been restored or repaired to their original condition and to the satisfaction of the representative of the city who will signify in writing.

G.

If within ten (10) days after the completion of the trenching, the person, corporation or utility doing the work neglects or refuses to make the necessary repairs or restoration of the street, to the satisfaction of the city, the deposit will revert to the city and the city will use such deposit in making the necessary repairs or restoration.

( Ord. No. 79-4, § 1 )