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

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Division 2. Excavations SECTION 35 -20 Compliance with article required. It shall be unlawful for any person to do, cause or permit to be done any digging, cutting or excavating into or upon any street, or into or through any pavement thereon in the City ex- cept in accordance with and as provided in this article. SECTION 35 -21 Permit required. No opening or excavation shall be made under the provisions of this article until a permit therefor shall have been duly granted as provided in this division. The work for which the permit is granted must be started within thirty (30) days of the issuance of said permit or it shall become void. A card showing the permit number will be issued with each permit. This card shall be posted in a conspicuous place at the site of the work, until such time as the work is completed. In case of an emergency the person making a cut shall be required to take out a permit on the first day that the city engineers office is open following the making of a cut and the permit when issued shall be effective retroactive to the date the excavation was started. No permit shall be required for the setting or erection of a utility pole, a guy wire, an anchor or street light stan- dard by a public utility doing business in the city, which utility is subject to the jurisdiction of the Public Service Commission. SECTION 35 -22 Required in addition to building permit. No other permit issued pursuant to any other ordinances of the City of South Bend, Indiana shall be construed to be a substitute for the permit required under this ordinance. SECTION 35 -23 Same - Fees Any person desiring to make an opening or excavation con- templated by this division shall pay to the city engineer , for the permit required by Section 35 -21, the sum of .2 tJ'�-� dollars L($5 00.. SECTION 35 -24 Request to be made with Board of Public Works and Safety. Any person desiring to make any opening or excavation contemplated by this division shall file with the Board of Public Works and Safety a request which shall definitely state the location of the proposed opening and the purpose of the same. SECTION 35 -25 Bond required; amount; conditions; etc. At the time of making the request under the provisions of the preceding section, the person desiring to make any open- ing or excavation shall also file a bond payable to the city in a sum not less than one thousand dollars ($1,000.00) and not more than five thousand dollars, ($5,000.00), as the Board of Public Works and Safety may designate. Such bond