Repealing Sections 16 to 36 Inclusive of Chapter 35 of Municipal Code Relating to Excavations & Public Places

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ORDINANCE N0. ` -C 3 AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER 35 OF OR- DINANCE NO. 4608 -63, BEING THE MUNIC- IPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS IN STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED, AS AMENDED, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That Section 16 to 36, inclusive, of Chapter 35 of the Municipal Code of the City of South Bend, Indiana, 1962, be and they hereby are repealed. SECTION II. In lieu of the sections repealed by Section 1 of this ordinance, the following is hereby substituted and en- acted: Article II. Excavations and Obstructions Division I. Generally Definitions. For the purpose of this division the following words shall have the meaning ascribed to them in this section, 1. "City" means the City of South Bend, Indiana. 2. "Emergency" shall mean any unforseen circum- stance of occurrence, the existence of which constitutes danger to the health or welfare of persons or property, or which may cause or does cause the interruption of a service being fur - nished by a public utility doing business in the city and which utility is subject to the jurisdiction of the Public Service Commission of Indiana. 3. "Person" shall mean a natural person, partner- ship, firm or corporation. 4. "Street "shall mean any public street, public highway, public alley, publ' right -of -way or a public road any of which vkwtunder the jur- isdiction of the Board of Public Works and Safety of the City of South Bend, Indiana 5. "Permit" means the authorization issued by the Board of Public Works and Safety pursuant to the provisions of the ordinance to make an opening or excavation in a street of the City.