CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 4. STREET EXCAVATION

It shall be unlawful for any person, firm or corporation, excepting bonded contractors holding contracts to do construction work for the city, to cut any sidewalk or pavement, or make any excavation in any of the streets, alleys, or other public grounds in the City of Cottonwood Falls, f or the purpose of laying, repairing, or removing any pipes, underground wires, or other conduits, or for any other purpose not specifically mentioned herein, unless such person, firm or corporation shall have obtained first a permit from the city.

(Ord. 752; Code 2015)

The following persons, firms and corporations shall be eligible to secure permits to cut sidewalks or pavements, and to make excavation in the streets, alleys and other public grounds in the City of Cottonwood Falls:

(a)   Any public utility corporation having a franchise to operate in any street, alley or other public grounds of the City of Cottonwood Falls.

(b)   Any other person, firm or corporation, provided such other person, firm or corporation shall first file and maintain with the city clerk a surety bond in the sum of Two Thousand Dollars ($2,000.00) as hereinafter provided, said bond hereinabove required shall be approved by the governing body of the City of Cottonwood Falls as to surety, and by the city attorney as to form, and shall be conditioned that the principal therein will comply with all ordinances of the City of Cottonwood Falls relating to and regulating the cutting of sidewalks or pavements and the making of excavations in any of the streets, alleys or other public grounds of the City of Cottonwood Falls, and that the principal will further hold and save the city harmless from any and all damages to persons and property resulting from or growing out of the cutting of any sidewalk or pavement, or the making of any excavations in any streets or alleys or other public grounds of the city, or the erection and maintenance of barricades, warning signs, etc., such liability on the part of the principal and surety to continue until a release has been received from the City of Cottonwood Falls as is hereafter provided. In lieu of a bond as above provided, the person, firm or corporation may deposit with the city a policy of insurance issued by a company authorized to do business in Kansas, and protecting the city in all the matters and requirements of a bond as above provided, such policy to be approved by the city attorney and the governing body of said city.

(Ord. 752; Code 2015)

Permits hereunder shall be issued to public utility corporations having a franchise to operate in any street, alley, or other public grounds of the city, upon the filing with the city, an application for such permit by such public utility corporation.

Any other eligible person, firm or corporation shall file an application and shall pay in advance an inspection fee as prescribed by the governing body.

(Ord. 752; Code 2015)

A sum in the amount of ten percent of the permit fee or fees shall be added to all permits for cutting sidewalk or pavement, for construction or repair of building foundations, to cover the cost of inspection of the cutting or excavation in preparation for backfilling as hereinafter provided.

(Ord. 752; Code 2015)

Any person, firm or corporation making excavations in any of the streets, alleys or other public grounds in the city shall at all times after such work is commenced, up to and including the time when said work is completed and the cut is released to and accepted by the city for replacement or repair as provided in 13-416, maintain proper barricades, safety guards, and lights for the protection of the traveling public.

(Ord. 752; Code 2015)

All excavations where sidewalks or pavement has been cut, shall either be backfilled with sand which shall be flushed into place with water, or shall be backfilled with excavated material dampened and thoroughly tamped in six-inch layers until its compaction is equal to 100% of that of the adjacent undisturbed soil. The sand shall be free of rock, dirt or trash and the excavation shall be filled to within six inches of the surf ace of the remainder of the sidewalk or pavement. The person, firm or corporation making the excavation shall replace the excavation in accordance with 13-418. All surplus excavated material shall be removed from the location by the person, firm or corporation making the excavation.

(Ord. 752; Code 2015)

(a)   Tunneling - installation of utilities may be made in tunnels where approved by the governing body.

(b)   Boring - street crossings may be made by boring when approved by the governing body.

(Ord. 752; Code 2015)

All excavations for the construction or repair of building foundations, where adjacent to any street or alley lines, shall, as soon as practicable, be thoroughly cleaned of all building or casual debris of any kind, inspected by the street superintendent, then backfilled with sand, free from rock, dirt or trash and flushed into place with water. The building contractor, or the owner where there is no contractor, shall notify the city at least eight hours in advance of the time he or she expects to have any such excavation ready for inspection and backfill.

(Ord. 752; Code 2015)

Any excavation in any street or alley which is less than four feet from existing pavement, curb or sidewalk, or where such pavement, curb or sidewalk has been ordered to be constructed by action of the governing body but not yet constructed, shall be backfilled with the excavated material, dampened and thoroughly tamped in six-inch layers until its compaction is equal to 100% of that of the adjacent undisturbed soil, or it shall be backfilled with sand which shall be flushed into place with water to within six inches of the surface of the remainder of the sidewalk or pavement and the rest of the backfill shall be made of excavated material securely tamped and left flush with the surface. In any sodded area, the sod shall be carefully removed, then reset as the work is completed.

(Ord. 752; Code 2015)

The pavement portion of all street pavement cuts shall be excavated for a minimum distance of one foot beyond the edges of the dirt excavation except that when one side of the pavement cut touches a gutter, the gutter pavement shall not be excavated. The dimensions of the pavement cut as given on the permit shall include the extra excavation of pavement beyond the edges of the dirt excavation. All material and workmanship shall confirm with specifications on file in the office of the city clerk.

(Ord. 752; Code 2015)

All excavations in any used or traveled portion of any unimproved street or alley except as provided in the preceding section may be backfilled with the excavated material: PROVIDED, that after completion of the backfill, it shall be compacted by rolling with heavy equipment and all surplus material shall be trimmed and removed from the line of the ditch.

(Ord. 752; Code 2015)

It shall be the duty of any person, firm or corporation making an excavation in any of the unimproved streets, alleys, or other public grounds in the city to backfill and maintain all trenches or ditches in a safe condition for the traveling public until the excavated material has reached the final settlement.

(Ord. 752; Code 2015)

Any public utility company, contractor, public agency, plumber or other person, firm or corporation, having a project which necessitates making an excavation in a paved street, which is classified and approved by ordinance or resolution as a through or right-of way street, shall work continuously and diligently without interruption and without regard for regular hours of work on said project until the completion of the same, unless other arrangements are approved in writing by the street superintendent before commencement of the project.

(Ord. 752; Code 2015)

Excavation as used in this article shall be defined as any cut made in the existing pavement of the street.

(Ord. 752; Code 2015)

Work on an excavation made either as a result of obtaining a permit from the city to make such excavation or as a result of entering into a contract with the city shall be subject to the provisions of this article, except that contracts with the city for the complete repaving or resurfacing of an existing paved street shall be exempt from this provision.

(Ord. 752; Code 2015)

Any person, firm or corporation making excavations in any of the streets, alleys, or other public grounds in the city, shall at all times be liable to the city for damages arising by reason of any neglect or carelessness in any respect concerning said excavation prior to the time the cut is released to and accepted by the city for replacement and repair as provided for in this article, and shall hold the city harmless from all suits or claims or judgments for damages growing out of any negligent act or commission or omission on the part of any person, firm or corporation in making street cuts, excavations, erection of barricades, lights or other obstructions.

(Ord. 752; Code 2015)

Any person, firm or corporation, when desiring to release to the city for replacement any sidewalk or curb or gutter or pavement cut, shall first notify the city, in writing, of such intent, but shall be responsible for any and all damages caused by the cut and shall be responsible for the maintenance of proper barricades, safety guards and lights for the protection of the traveling public for a period of 24 hours after 8:00 a.m. of the next working day for city employees following such notice. When a notice is released to the city on Friday, the excavation shall be maintained through Sunday and/or any legal holiday or double holiday plus a period of eight hours after 8:00 a.m. on the next working day for city employees following such Sunday, legal holiday or double holiday. When a permit is released to the city on the day before a legal holiday or double holiday, the excavation shall be maintained through Sunday and/or such legal holiday or double holiday plus a period of 24 hours after 8:00 a.m. of the next working day for city employees following such Sunday, legal holiday or double holiday.

(Ord. 752; Code 2015)

If, during the period above provided after the notice of release is given for the replacement of sidewalk, curb, gutter or pavement, it is found that the backfill has not been made properly, then the person, firm or corporation making said excavation shall, upon notice from the street superintendent, correct the defect at once, notify the city in writing of such correction, and after notification, shall be responsible for the maintenance of proper barricades, safety guards and lights for the protection of the traveling public for an additional period of the same length of time as outlined in section 13-416.

(Ord. 752; Code 2015)

In replacement of all pavement, curb, gutter and sidewalk cuts, the person, firm or corporation making said cuts may, with the approval of the street superintendent or shall upon the order of the street superintendent contract with a paving contractor for the replacement, under the inspection of the street superintendent of such cuts and shall be liable for the cost of replacing same, and for the maintenance of proper barricades, safety guards, and lights for the protection of the public during the operation. All material and workmanship shall conform with specifications on file in the office of the city clerk.

(Ord. 752; Code 2015)

The money collected as permit fees under the provisions of this article shall be at once transmitted to the city clerk, and the permit shall serve as a receipt. All sums collected under the provisions of this article shall be credited to the general operating fund of the city.

(Ord. 752; Code 2015)

Any person, firm or corporation making any excavation in the streets, alleys or public grounds of the city without first complying with the provisions of this article, or who violates any of the provisions of this article shall be guilty of a violation of this article and upon conviction, shall be fined in any sum not exceeding One Thousand Dollars ($1,000.00).

(Ord. 752; Code 2015)