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ORDINANCE NO. '?,36 AN ORDINANCE AMENDING ORDINANCE NO. 664 AND SECTION 9.08.01 AND 9.08.02 OF THE BATESVILLE MUNICIPAL CODE; PROVIDING FOR A DEPOSIT TO BE POSTED WITH CITY CLERK BEFORE STREET EXCAVATIONS, BILLING PROCEDURES, PENALTIES FOR VIOLATION DECLARING AN EMERGENCY AND FOR OTHER PURPOSES: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1: That Ordinance No. 664 and Sections 9.08.01 and 9.08.02 of the Batesville Municipal Code are hereby amended to read as follows: (A) Any person, firm, corporation or company desiring to cut or make excavation in any street or sidewalk in the City of Batesville, Arkansas shall first apply to the Clerk/Treasurer for a permit, and in such appli- cation shall state the location, the time when such cut is to be made and the purpose thereof, and the size of such proposed cut or excavation. (B) Before any such permit is issued the person, firm, corporation or company making application for the •- permit must post a deposit in the amount of Two Hundred Fifty ($250.00) Dollars with the Clerk/Treasurer. (C) The person, firm, corporation or company granted the permit (hereinafter called permittee) shall be responsi- ble for the repair of the cut or excavation and said repair shall be made within ten (10) days of the com- pletion of work. If repair has not been made in the ten (10) day period the City shall have the right to repair the cut or excavation and take the cost of re- pair from the deposit made at the time of applications. The permittee shall be liable to the City for the cost of repair that exceeds the deposit. Furthermore, if the cost of repair to the City exceeds the deposit, the permittee failing to repair shall not be granted a permit for further cuts or excavations until the City has been paid in full. (D) All repairs shall consist of the following: (1) Four (4) inches of compacted SB -2, (2) Four (4) inches re - enforced concrete, (3) Two (2) inches of asphalt. All repairs shall be done in a professional, responsible and workmanlike manner. (E) In case an emergency cut or excavation is necessary bet- ween the hours of 5:00 P.M. and 8:00 A.M. or on Sunday or legal holiday, same may be commenced without first securing a permit, provided application and deposit therefor is made prior to 9:00 A.M. of the next working day. (F) All cuts, excavations and openings shall be marked by and safeguarded with sufficient barriers, shall be made whereby the public shall be the least inconvenienced with maximum regard for the public safety, and the City shall be held harmless for the negligence of said per- mittees. Flares or red lamps shall be maintained around such openings at night and all other safeguards and pre- cautions shall be taken by permittees to protect the public from damage to person and property. (G) Any person, firm, corporation or company violating any provision hereof shall be deemed guilty of a misdemeanor and upon conviction fined in any sum not less than Twenty-five ($25.00) Dollars nor more than One Hundred ($100.00) Dollars.