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Home My Public Portal About1619-1957 - Amending an Ordinance to Regulate Digging of Trenchesl and other Excavations in Public Streets - STRICKENORDINANCE Mo. 011-1957 AN ORLIKid NCE TG ATEND PN ORLINANCZ TO REGULATE WE LIGGING OF TREME3 AND OTHER EXCAVATIOES W FUBLIC STREETS, ALLEYS ANr 31EHUALKS OF M CITY OF RICHICK, WISNA, PNE FROVIDING PENALTIES FOR W VIOLATIMS. Be it ordained by the Common Council of the CST of Richmond, Indiana, that hereafter it shall be rmlawful for Gny person, firm or corporation to dig or make excavations of any hnukd w1hatsoe-Ter Lin aiay , of the public streets, �16,,ewa3LICS of the City of llichnondl, Indtiania, without first obtaining a written psrar-�.t frola th.e Controller to do ac. §1011op e1i J :-L)- n =2 9, In order to obtain stitch a permit, a person, firm or corporation shall executeD in triplicate, a written application to be furnished by the City of Richnond art obtaln�- able at the office of the City Engineer of said City; ark said application shall requiro the following inforrotion and agreements from the applicant: (a) The date when the proposed exuavation is to be made and the eotimated time for congletion of the work necessitatinfsaid ereavat0n. aind, QV - TH6 'IM&W of -tha area to 'be thereof, and (c) The approximate dimensions of said excavation, an-ld (d) The applicant shall agrea to fill, close, oeal and resurface the opening or emcavation immediately on conpletion of the job, and further that he will fill and resurface said opening with the same or similar quality of materials fovnd therein so. as to put the street, aligy or sidevalk of said =1 in as good a condItion as it was at the time of making the opening or excavation and. f?jzther agreen to so osintain said street, all, or sidewalk for a period of one year thereaftex. (e) The applicant further agrees that in the event that said opening or excavation is not properly filled, clooed and sealed or resurfacod pvTsuant to ha astablisire. standards and rognintion of the Street Dyartment of the Cal y of Richmond, Indiana, and after due notice from said Meet Departmznt of zaid defects or omission, Hail applicant shall ipasdiately proceed to corrint said defects and/or omissicna in the closing of said excavation. An the further event that such defects and/Qr omissions are not corrected within a reasonable period of time after mailiog of sail notice, the said Street Depart- .--nt shLll proces-d to properly close and resurface said excavation, and shall bill such applicant for the cost of labor and material required to properly Moos and reaurface said opening or excavation. The applicant shall agree to raimburso the said C3,ty for costs so Woo redo The applicant further agrees to erect and swintain, as safeguawds and warra-1- ings to the public, proper and adequate guardand sufficient and adequate red lights about said work and encavation until the yroject is and the zrurface is proper)T restored,, fin) The applicant f-urth6r egTiess to indemmify and salve the Glif�!r ol, Richmond, Indiana, from and apinst any and oll liability, daw@ges, eapenses and judge- ments from injuries to any person -or property as a result of said opening or excavationc. (h) Tho applican further agrees to make said opsning or excavation wMin as period of thirty (30;1 days after issuance of said permit. §21 ne —t! ona--311 Before the granting of such perndi-t to an, person, firm or corporation, thhe City Controller shailg I Ord, 16ig -1957 -Ic 7�. e 2 (a) Require all applicants to file wlth said Contz-oller, an L.O.Surance policy, Tyl or a certificate showing the same to be in effect, .-showing that the applicant Is caz Ung adequate insurance witb a responsible insurance carrier to i�-x,otect the applicant and the City of Richmond, Indiana,, from personal and proper ty damage arising from or caused or affected to and extent b,,, and such opening or excavation made, pursutant to said permit. (b) Check the records of his office and/or the records of any office of the City of Richiiond to ascertain whether said applicant has rzver failed to reimburse said UtL for any work or materials furnished by said City In the filling and resurfacing of any excavation made by said applicant on a previous pernit. In the event that said City records disclose any umpald accoltuit owed by saAd applicant, then the permit shall not be granted until payment is made in full to said (c) Require the payment of a Ywo Dollar (4,2.00.1 parmat fee" Sect:" -on Thereafter, the City Controller shall issue a permit 'to the applicant and said parruLt shall contain the -name of the applicant, the date of issuance of the permit, the place where the excavation or opening is to be made end the appz-oximate dimensions thereof. The permit shall be full and sufficient -authority to break the street,, alley or sidewalk specified therein. That in the event of an eraergency requiring the 11m, ediate opening or excavation of a street, alley or sid-e-m-MUc, mj person,, firm or covporation xPay proceed to open or make the excavation nnacaasay.,7 to alleviate the condit-ion causing the m-- orgency I'dth- out first apo-ying for and being granted a permit; provided harwever, tbat T-rithin forty- eight (48) ho%Lra after malking said opening or e=a--,�mation, said person, firm or corporat- ion shall make application for a permit as horeinabove set fovth, �ection 6. On the issuance of a perpZU, the City Controller shall mark each copy of the application, "Approved and Permit Issued"; to which he shall also note the date of issuance and his signature. The original shall be retained by the City Controller and a copy shall be delivered to the City EnFlneer and to the Superintendent of..the Street Section t� The Superintendent of the City Street Department shall inspect each project for which a permit has been issued to determine whether proper safeguards and Lights have been installed and further to check to see that the opening or excavation is - properly closed and resurfaced, and further to gi-vre notice and properly close and resurface said opening or excavation in the event that the restoration iB not completed within a reasonable time or is inadequately or improperly co_rkpleted by -the permitea. On final inspection, the said 3-pnerintendent shall ' note on his copy of the application,) the completion of the projectg be shall further note any mo-raes (ands' by said.. City on behalf- of said permitae in completing the project-, than be shall return his copy to the City Controller,, Section 8. Any person violating any provisions of this ordinance shall be subject to a fine of any sum not leas that Fifty %_11ars ($50,00), and not more than Rive Hundred V-1006 Aft ($13a, 04004 This ordinance shall be in full force and effect from and after its passage and publication as by law required. :��.ey ("'� ' }.s; ..�i.� Ei£i:lS '+4j� I: r 'F S se5 = �.; �r.,� Or& 1619 1957 Page j PEOPTED oy the Common Go-1-in it of the ty . os ll c} mordo indiana, this day of � �e 1957 n at the hour f � o'clock, 240 p ((. ST) e �cien o� Oaujjcil nttesto City Clark SUBlIaT` ED, by me, David O.. Keym,,, Gi ty . Clerk, to the lion, hc? and M, Cutter„ Mayor, thss day of _ �.n 1957, at the ho x, of o'clock, MO ;CST_) City CleriC��, I!FFROVED by me, Roland E, Gutter, 'Mayor of the City of Rielmond, indiana, thjd s ay o L957., at the hour of _ p°cleckb X. (CST) Mayor Attesto C t .Cis: IC