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ORDINANCE NO: C�u 5'-060-Q L AN ORDINANCE AMENDING ORDINANCE 981 AND THE BATESVILLE MUNICIPAL CODE CHAPTER 9.08, SECTIONS 9.08.01, REGARDING THE REGULATION OF THE EXCAVATION OF STREETS AND SIDEWALKS; AND FOR OTHER PURPOSES WHEREAS, the current ordinance regarding the regulations in place for the excavation of streets is in need of revision; NOW, THEREFORE, 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, alley, or sidewalk in the City of Batesville, Arkansas shall first apply to the City Clerk for a permit, and in such application 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(herein after"Permittee") making an application for a permit must provide SURETY(bond or cash deposit)to the City Clerk in the amount of$40 per sq. ft. of repair to assure final repair of the pavement and repair of any other damage. Any bond provided would need the approval of the City Attorney prior to permit issuing. SECTION 3: The Permitee granted the permit shall be responsible for the repair of the cut or excavation and said repair shall be 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 bond or 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 bond or 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 be done in a professional,responsible and workmanlike manner and shall conform to City of Batesville Streets and Drainage Technical Specifications and Details and subject to the approval of the City Engineer. SECTION 5: In case an emergency cut or excavation is necessary between the hours of 5:00 p.m. and 8:00 a.m., Saturday, Sunday, or legal holiday, same may be commenced without first securing a permit,provided application and surety is made prior to 10:00 a.m. of the next work day. SECTION 6: All cuts, excavations and openings shall be marked by and safeguarded with sufficient barriers, shall be made whereby the public shall be the least