[Adopted as Title 6, Ch. 1, of the 1998 Village Code of Ordinances]
A.Â
Grades to be established. The grade of all streets, alleys and sidewalks
shall be established by the Village Board and the same recorded by
the Village Clerk-Treasurer in his office. No street, alley or sidewalk
shall be worked until the grade thereof is established. In all cases
where the grade of sidewalks shall not have been specifically set
by ordinance, the sidewalks shall be laid to the established grade
of the street. All such grades heretofore established are hereby confirmed.
B.Â
New sidewalk grade. Whenever a street shall be improved for the first
time or the grade thereof changed and the street improved so as to
conform to the new grade, the grading of the sidewalk shall be considered
a part of the improvement, shall be let by contract with the other
work of improving such street, and the expense thereof shall be provided
for and borne in all respects like that of improving the street, but
the construction shall be done by the owners of the abutting lots
or parcels of land or at their expense as hereinafter provided. Before
such construction is commenced by the owners of the abutting lots
or parcels of land, the Village Board shall, upon application by the
respective owners for a sidewalk grade, cause such sidewalk grade
to be established.
No person shall alter the grade of any street, alley, sidewalk
or public ground or any part thereof in the Village of Clyman by any
means whatsoever unless authorized or instructed to do so by the Village
Board or Director of Public Works. All such alterations of grade shall
be recorded in the office of the Village Clerk-Treasurer.
A.Â
Elevation. The grade or elevation of all underground construction
shall be a minimum of three feet below the established grade of the
street, alley, park, public property or easement. The three feet shall
be measured between the top of the established grade and the top of
the underground construction.
B.Â
Approval of location. The location of any and all such underground
construction must have the approval of the Director of Public Works.
C.Â
Filing plans. Complete plans for any such construction must be filed
with and be approved by the Director of Public Works before construction
can begin.
D.Â
Inspection. On request of the Director of Public Works, the utility
company must provide opportunity for him to check any construction
before it may be covered.
E.Â
Conflict with other utilities. If the grade or elevation herein set
for the underground construction of utilities shall, in any instance,
conflict with other existing utilities, the utility shall be required
to lower the elevation of its underground construction, or of the
storm sewer, at the election of the Director of Public Works and in
accordance with his directions and specifications.
F.Â
Establishment of grade. At the request of the utility company, the
Director of Public Works shall give the utility company an established
grade on any streets, alleys, public parks or easements where it proposes
to install underground utilities.
G.Â
Emergency. In case of an emergency, when immediate action is necessary
in order to protect life or property, the utility company may proceed
with underground construction subject to obtaining the approval of
such work by the Director of Public Works as soon thereafter as is
reasonably possible.
H.Â
Restoration of surface. In the event of any such underground construction, the utility company shall leave the surface of the ground, or road, in the same condition as before said work was commenced, and in the event of its failure so to do, the Village may proceed to place the surface of the ground or street in such condition at the utility company's expense. Such work shall comply with the provisions of §§ 370-7 and 370-7.
I.Â
Nonrelief from obligations. Compliance with this section does not
relieve the utility company from any responsibility of any kind whatsoever
by reason of the widening of the travelway, or any other improvements
which may become necessary; nor does it relieve it from any liability
of any kind or nature whatsoever. Compliance with this section shall
not relieve the utility company from the responsibility or obligation
of removing, relocating or moving any of its mains, pipes or property
due to the opening, widening or improving of streets, or due to any
other changes which may occur by reason of which such moving, relocation
or removing may be necessary.