CHAPTER 9.04
EXCAVATIONS
SECTION:
9.04.010 Permit Required; Deposit; Bond
9.04.020 Prerequisites To Permit Issuance; Fee
9.04.030 Conditions For Permit Issuance; Completion Of Work
9.04.070 Insurance Requirements
9.04.080 Refilling And Repaving Specifications
9.04.090 Duties Of Permittee Concerning Excavations
9.04.010 PERMIT REQUIRED; DEPOSIT; BOND:
It is unlawful for any person to make any excavation in or under the surface of any street, alley, sidewalk, public way or public place in the city without first obtaining a permit to do so from the city engineer and depositing with the city engineer, upon receipt of such permit, a cash deposit to defray the cost of restoring the surface to its former condition; provided however, that any public utility company or licensed contractor need not make such deposit, provided a bond pursuant to "Public Works Department Design Standards and Specifications" section 3, contract bonds, or pursuant to subsection 9.04.020D of this chapter, shall be filed with the city clerk guaranteeing proper replacement and repair. (1972 Code § 12.04.010; amd. 2003 Code)
9.04.020 PREREQUISITES TO PERMIT ISSUANCE; FEE:
The following shall be prerequisite to installation hereunder:
A. Compliance With Standards And Specifications: Installations must be in accordance with the city of Gonzales design standards and standard specifications.
B. Approval Of Plans: Approval must be endorsed in writing on the plans prior to issuance of the permit.
C. Application Fee: An application fee of five dollars ($5.00) plus one dollar ($1.00) for each parcel of land or one hundred feet (100’) abutting the proposed improvement, whichever amount is greater, shall be paid.
D. Bond: A bond must be posted in an amount as determined by the public works department to be sufficient to cover restoration of the area to its original condition if the work shall be unsatisfactory and not meet the specifications. This bond may be a surety bond, cash, cashier’s check or money order in favor of the city.
E. Hold Harmless Agreement: Applicant shall execute a hold harmless agreement guaranteeing that the city and/or its officers and employees shall not become liable for any injuries or damage occurring by reason of the installation of the permit and agreeing further to indemnify the city, its officers and employees for any liability which may be determined to exist. (1972 Code § 12.04.010)
9.04.030 CONDITIONS FOR PERMIT ISSUANCE; COMPLETION OF WORK:
A. Filing Of Application; Contents:
1. The application for the permit herein required shall be in writing and addressed to and filed with the city engineer or public works director.
2. The application shall state clearly the nature, extent, and location of the excavation proposed to be made, and the purpose for which the same is to be made.
3. When the applicant has complied with this chapter, the city engineer or public works director shall issue the permit.
B. Statement Of Time Of Completion: Such permit shall set forth the time for the completing of the work of refilling the same. The time for such commencement and such completion may be extended by the city council only upon good cause shown for such extension.
C. Failure To Complete By Deadline; Penalty Per Day: The applicant for such excavation shall forfeit to the city as liquidated damages the sum of ten dollars ($10.00) per day for each day such work or refilling remains uncompleted beyond the period for such completion fixed by the city engineer or public works director or as extended by the city council, and the city attorney shall institute the necessary legal proceedings in a court of competent jurisdiction for the collection of such damages, and prosecute the same to completion. (1972 Code § 12.04.020; amd. 2003 Code)
9.04.040 SUPERVISION REQUIRED:
All excavations, refilling, and resurfacing shall be made under the supervision and to the satisfaction of the city engineer or public works director of the city and shall be conducted in such manner as to do the least possible damage to contiguous lands and improvements. (1972 Code § 12.04.030; amd. 2003 Code)
9.04.050 RESURFACING COSTS:
All applicants for a street opening permit shall pay to the city, as provided in section 9.04.020 of this chapter, sufficient monies to defray the cost of resurfacing such excavations in accordance with the schedule of prices on file at city hall. (1972 Code § 12.04.040)
9.04.060 REPORTS REQUIRED:
A. Daily Report: It shall be the duty of the city engineer and public works director to report all street opening permits to the street superintendent and the collector daily, and to deposit with the collector within forty eight (48) hours all cash deposits made under this chapter. (1972 Code § 12.04.050; amd. 2003 Code)
B. Report Amounts Due City: It shall be the duty of the street superintendent to resurface such excavations and to report to the city clerk the exact amount due the city for the resurfacing. The city clerk shall thereupon make the adjustments in the amount of money deposited hereunder and shall bill the applicant for additional money to cover the cost of the resurfacing or cause to be remitted to the applicant any monies due because of overpayment as the case may be. (1972 Code § 12.04.050)
9.04.070 INSURANCE REQUIREMENTS:
Each applicant shall be required to file with the city a certificate of liability insurance, in an amount acceptable to and established by the city attorney, and agree to hold the city harmless from any and all liability in connection with the excavation. (1972 Code § 12.04.070; amd. 2003 Code)
9.04.080 REFILLING AND REPAVING SPECIFICATIONS:
All such excavations shall be refilled by the applicant in accordance with the city design standards and standard specifications, and resurfaced by the public works department; provided however, that public utilities, or contractors employed by such public utilities, may resurface such excavations, the work to be done to the satisfaction of the superintendent of streets. Specifications of the city related to utilities and/or their contractors for refilling excavations and repaving are as follows:
A. Surfacing: All public utility excavations must be covered with a layer of plant mix surfacing at least one inch (1") in thickness immediately upon completion of the backfill, and such surface maintained by the utility until permanent repair is made. At such time as the engineer may direct, the utility company shall remove the plant mix surface and repair to the specifications of the city.
B. Trench Settlement: All public utility companies shall be responsible for any settlement of their trenches for a period of one year following the date of final repaving and shall make repairs during this period as directed by the superintendent of streets. (1972 Code § 12.04.060)
9.04.090 DUTIES OF PERMITTEE CONCERNING EXCAVATIONS:
It shall be the duty of the applicant for an excavation permit, on receipt of the same, to make such excavation in such manner as to provide free access to all fire hydrants and to provide safe and adequate crossings over such excavations for vehicular traffic and for pedestrians, should such crossings, in the judgment of the street superintendent, be necessary. Suitable barriers shall be constructed about the excavation for the prevention of accidents, and adequate lights shall be continuously maintained thereon, from the period of sunset to sunrise. (1972 Code § 12.04.070)