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

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shall also have the authority to refuse to issue a permit for an excavation where the Board deems the work not to be in the beat public-interest or'the contractor by past performances has indicated that he cannot perform the work in accordance with the specifications. The Board of Public Works and Safety may, by resolution duly passed by a majority of such Board, authorize and empower the city engineer to issue any permits, all as provided for in this division, and to determine the amount of the bond required. SECTION 35 -29 Location of mains and pipes: supervision of work. It shall be the duty of the Board of Public Works and Safety, in connection with all work contemplated by this article, through its duly authorized agents, to assist in determining the proper location for water, and sewer or other con- nections to be made. SECTION 35 -30 Generally, notice to Board of Public Works and Sa €et Within 48 hours after the work requiring the excavation has been properly completed, the person holding a permit under the provisions of this division shall give notice to the Board of Public Works and Safety or their authorized agent that the opening has been filled and the pavement replaced. SECTION 35 -31 Tunnellp. In all cases of excavating under street or railway tracks, tunneling may be permitted if the method and operation is approved by the city engineer and the street commissioner, SECTION 35 -32 Barricades and danger lights. - All the proper barricades and danger lights shall be,:maintained by the party to whom the permit was issued under the provisions of this division until the opening has been repaired. SECTION 35 -33 Protection of sides of excavation. iniury to adioinin¢ pavements. Any person making excavations or causing the same to be made in pavements or adjacent to pavement, shall so protect the sides of the excavation that the adjoining soil shall not cave in. It shall be unlawful for any person to excavate so as to undermine or injure any adjoining pavements. SECTION III. It is hereby declared to be the intention of the Common Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance hereby adopted. SECTION III of Ordinance should be amended to "SECTION IV". SECTION IV. This Ordinance shall be in full force and effect from and after its adoption by the Common Council of the Civil City of South Bend, Indiana, and its approval by the Mayor. 10 & tad READING /Z—/ L -/ ONKITEE OF THE WHGLE /- / / -4�- �s� s -ate PUKJ0 NEARING td READING 5- oZ V -G S" Wr APPROVED RbfERREB GG d-- 6 s- PAUB s -a I/-G s ,.�, Z