HomeMy WebLinkAbout2019-06-06 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
inconvenienced with maximum regard for public safety, and the city shall be held
harmless for the negligence of said permittee. Proper lighing shall be maintained around
such openings at night and all other safeguards and precautions shall be taken by
permittee to protect the public from damage to person or property.
SECTION 7: Any person engaging in activity governed by the provisions of this
section without a permit as provided herein shall be punished in accordance with the
provisions of Section 1.32.01 of the municipal code. In addition, the city code
enforcement officer or his or her authorized representative shall issue a stop work order
until such time the work being performed is brought into compliance.
SECTION 8: That Ordinance No. 981, codified as Chapter 9.08, Section
9.08.01, is hereby amended as provided herein and all ordinances and parts thereof
conflict herewith are hereby repealed to the extent of such conflict. m
SECTION 9: If any portion or portions of this ordinance are deemed or held to
be invalid, such invalidity shall not affect the remaining portions of this ordinance.
PASSED AND APPROVED this day of
_ Q�L"4 2019.
Honorabl ck El ,Mayor
ATTEST:
Denise M. Johnston, �yirk