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ow - ORDINANCE # .;ft„ AN ORDINANCE ADIENDING ORDINANCE #936 AND THE BATESVILLE MUNICIPAL CODE CHAPTER 9.8, SECTIONS 9.8.01 REGARDING THE REGULATION OF THE EXCAVATION OF STREETS AND SIDEWALKS, REQUIREMENT OF PERMITS, WHEN THE CITY IS TO REPAIR; FORFEITURE OF DEPOSITS; SAFEGUARDS WHILE UNDER CONSTRUCTION; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES: BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1: Any person, firm, corporation or company desiring to cut or make excavation of any street or sidewalk in the City of Batesville, Arkansas shall first apply to the City Clerk/'Treasurer for a permit, and in such application 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. Section 2: Before any such permit is issued the person, firm, corporation or company making an application for a permit must post a deposit in the amount of $300.00 with the City Clerk/Treasurer. Section 3: The person, firm, corporation or company granted the permit (here- inafter called PERMITTEE) shall be responsible for the repair of the cut or excavation and said repair shall he made within ten (10) days of the completion of work. If said repair has not been made within ten (10) days of the completion of the work the City shall have the right to repair the cut or excavation and the deposit made at the time of the application shall be forfeited. The permittee shall be liable to the City for the cost of repair that 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 for any repairs the City has made for that applicant. Section 4: All repairs shall consist of the following: (1) Compacted SB -2, up to six (6) inches of top surface of the street or sidewalk level, (2) Six (6) inches of reinforced concrete. All repairs shall be done in a professional, responsible and workmanlike manner. Section 5: In case an emergency cut or excavation is necessary between 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 therefore is made prior to 9:00 b..m. of the next work day. Section 6: All cuts, excavations and openings shall be marked by and safe- guarded with sufficient barriers, shall be made whereby the public shall be the least inconvenienced with maximum regard for public safety, and the city shall be held harmless for the negligence of said permittees. Flares or red lamps shall be maintained around such openings at night and all other safeguards and precautions shall be taken by permittees to protect the public from damage to person or property. Section 7: Any person, firm, corporation or company violating any provision hereof shall be deemed guilty of a misdemeanor and upon conviction fined in an amount not less than Twenty-five ($25.00) Dollars nor more than One Hundred ($100.00) Dollars. Section 8: Whereas, it is found by the City Council that unrepaired cuts and excavations upon the City streets and sidewalks present a hazard to the community's health and its citizens welfare and whereas, said cuts when not repaired impose an undue hardship upon the city's economics, an emergency is hereby declared and this ordinance shall be in full force and effect from and after the date of its passage and approval. ADOPTED THIS DAY OF �E C E !Yt g E /2. , 198 APPROVED: pIM SHIRRELL, MAYOR ATTEST: ' LARRY WILL A14S, CITY CLERK