HomeMy WebLinkAbout936ORDINANCE 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.
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Section 2: That this ordinance is necessary to provide adequate
means and regulation of street cuts and excavations, and their repair
and is necessary for preservation of the public health, safety and
welfare, therefore this ordinance shall be in full force and effect
from and after the date of its passage.
Apprcved and adopted this Zc day of June, 1980.
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Mayor
Attest:
City Clerk