[CC 1988 §19.100]
No person, firm, association, partnership or corporation shall make or cause to be made any excavation in, on, through or under any of the streets, alleys or other public places within the City of Eldon, Missouri, without first obtaining a permit therefor from the City inspector's office.
Written application on a form providing for such permit, specifying the location, extent, estimated time required and other pertinent facts concerning such excavation, shall be signed by the applicant and filed with the City inspector's office who shall thereupon transmit said application to the Street Superintendent and the Water and Waste Superintendent. It shall be the duty of the Street Superintendent and the Water and Waste Superintendent to investigate the proposed excavation; and if they are of the opinion that same will not cause any damage to the sanitary or storm sewer systems or the water system of the City in, along, through or under said streets, alleys or other public places, will not cause irreparable damage to such streets, alleys or other public places and will not cause undue hazard or inconvenience to the public, a permit shall be issued for such excavation, specifying a time limit within which said work shall be done.
The City may require that any proposed excavation be carried out by boring beneath the surface of the roadway instead of cutting through the driving surface.
Permit Fee. The fee for obtaining a street cut permit shall be two hundred dollars ($200.00). A surety bond will be required in the amount of two thousand dollars ($2,000.00) for up to a twenty-foot cut with an additional one hundred dollars ($100.00) of bond coverage for each linear foot over twenty (20) feet.
[Ord. No. 2016-39 §§ 1 — 2, 10-25-2016]
[CC 1988 §19.110]
After hours and on weekends and holidays where an absolute emergency exists, the Street Superintendent and/or the Water and Waste Superintendent, City inspector, City Administrator or Mayor shall be notified and shall have authority to approve or reject the proposed excavation. A permit application shall be submitted on the first (1st) working day following any emergency excavation.
[CC 1988 §19.120]
The repair of street excavations shall be to original or better condition. This repair, including chat to be used as fill, will be carried out by the City of Eldon, unless other arrangements, including standards and time, are approved by the City at the time of permit application. The permit holder shall pay the City for the cost of the repair if the City does the repair work. Should the permit holder not pay the City, the City shall have recourse to the permit holder's bond.
[CC 1988 §19.130]
All street cuts shall be repaired and patched under the auspices of the City of Eldon representative using the method established by the City at that time.
Final inspection of excavation. A final inspection of the cut shall occur within one hundred twenty (120) days of completion of initial repair.
[CC 1988 §19.140]
Before any person, firm, co-partnership, corporation, association or combination thereof shall be eligible for a permit to do any excavating in, on, through or under any of the streets, alleys or other public places within the City of Eldon, a good and sufficient corporate surety bond, issued by a company authorized to do business in the State, shall be given to the City in the principal sum of one thousand dollars ($1,000.00), or such other amount as may be determined by the Street Superintendent in conjunction with any specific project, conditioned that the principal named thereon will faithfully comply with the provisions of this Chapter and all lawful rules and regulations made pursuant to this Chapter, and conditioned further that the principal will indemnify and hold harmless the City against all claims, costs, damages, injuries and judgments sustained by the City by reason of the carelessness or negligence of the principal, his/her employees, agents and servants in connection with any excavation work done.
Each bond shall cover a period of one (1) year from the date of its issuance and shall remain in full force and effect as to each item of work covered by its terms until all such work is completed. New surety bonds to be filed with the City Clerk shall be dated from the day of the expiration of the prior bond.
The surety company before canceling any bond shall give ten (10) days' notice in writing of such cancellation to the City Clerk prior thereto.
The City of Eldon may waive the above requirements for good cause. In such case a deposit shall be made to the City of Eldon to insure payment for the cost of the street repair. The amount required to be deposited shall be determined by the City of Eldon. The permit holder is responsible for the cost of the repairs and if payment is not made within sixty (60) days, the cost of the repairs shall be deducted from the deposit. The deposit shall be refunded promptly in full upon payment in full for the cost of repairs.
[CC 1988 §19.150]
Any excavation made by authority of a permit issued pursuant to Sections 515.010 through 515.070 shall be made in a careful and prudent manner and under the direction and subject to the orders of the Street Superintendent, Water and Waste Superintendent and/or Coordinator of Planning, Zoning and Code Enforcement. Proper barricades, fences, lights and other necessary protective and warning devices shall be maintained by the applicant at all times.
[CC 1988 §19.160]
The Eldon Police Department shall be notified of all street closings and openings.