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Attachment-A2-0061-ATT01
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Page 1
“ALINE La SRTRERERES ENSSERAESSOSAg PRE SRE ENE SE EE BS ISSO TN PTE RE ESC VBE SEE EOE TRIE EE RT AST ISERIES ESE LEDER EDI RE
Ordinance No. 1736
AN ORDINANCE REGULATING ALL EXCAVATION
WORK OF EXISTING STREETS AND IMPROVEMENTS
WITHIN PUBLIC RIGHTS-OF-WAY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD,
ALABAMA, as follows:
SECTION 1. Excavations - Permit - Required: Exceptions.
It shall be unlawful, except in an emergency, as set forth in
Section 2 of this ordinance, for any person to make any opening,
cuts or excavations in or under the surface of any street,
alley, sidewalk or public way of the City of Prichard, including
improved drainage easements, without having first obtained a
written permit from the City, the plan for which has been
approved by the Inspection Department, and without first having
requested and having been furnished the proper City Inspector to
supervise and inspect the work on behalf of the City.
It shall also be unlawful for any person to whom such
permit has been issued to do or cause to be done the work
authorized therein without complying with the specifications on
file in the Inspection Department for the type of cut or
excavation made, and also without complying with inspection
requirements contained in such permit.
SECTION 2. Emergency Procedures.
In the event that any sewer, gas Line or main, electrical
conduit, telephone communication cable or other utility
installation dangerous to life or property if unrepaired, in or
Page 2
under any street, alley, sidewalk, or public way shall burst,
break, dangerously leak, or otherwise be in such emergency
condition as seriously to danger persons or property, if left
unrepaired, the owner of such sewer, gas line or main, eletrical
conduit, or other installation shall immediately repair such
trouble and shall immediately take all necessary steps to make
such location safe and secure. Such owner shall not, however,
aimed See rE TEES arly PSP nanienitePSpa LES” ES* SUCH SEP SS OAT TE sae
sidewalk, until he.shall have secured a permit as provided in
this ordinance. Such permit shall be secured immediately after
such emergency break shall have developed. The City Inspection
Department, or Public Works Department on a non-workday, shall
be notified on the day of the emergency cut.
SECTION 3. Permit - Application; Information required -
Generally.
All applications to the Inspection Department for a permit
to make openings, cuts or excavations in City streets,
sidewalks, curbs, gutters and rights-of-way, shall be in writing
and shall be accompanied by at least one copy of a location plan
showing the size of the work, the location with reference to lot
and street lines, and existing buildings, driveways, curbs,
sidewalks, trees, poles or other objects that might affect the
work. The application shall state the number of workdays which
are expected to be necessary for completion on the initial patch
or repaving. The permit issued shall be made subject to
Page 3
\ completion. in the time stated by the Inspection Department in
the permit.
SECTION 4, Permit - Bond.
(a) The Inspection Department shall require each applicant
referred to in this erdinance, before granting the permit, to
deposit with said office an amount in cash or.a surety bond
SORES LESS AE EEE ES
the work (as determined
Y
Se LS ee SSB BE MASE a RS SIR SRO OTE AEE
equal to’ the amount of the cost °
the City Inspector from schedules on file) proposed in the
application as a guarantee that the work will be done in
accordance with the permit and city details and specifications.
He shall give the applicant his receipt for such deposit.
(b) The surety bonds shall he executed by the applicant as
) principal, with a corporation duly authorized to transact surety
business in the State of Alabama. The bond shall be in favor of
the City, shall be continuous in form, and shall be conditioned
that the total aggregate liability of the surety for all claims
shall pe limited to the face amount of the bond irrespective of
the number of years the bond is in force. The bond shall be
released upon satisfactory performance and acceptance of the
work, or may be cancelled after the applicant has provided other
security satisfactory to the City which will cover obligations
that remain.
(c)- No guarantee deposit shall be less that ten.dollars
on work done under this ordinance.
Page 4
MENTE THES Bond 18 Subject Co cancellation as toted above, OF
(ad) In instances where an applicant is issued numerous
small permits throughout the year, he may post a continuing bond
to cover work of more than one permit. The continuing bona
shall be of a value sufficient to cover all work under
construction by the permittee at any time and shall be
satisfactory to the City Inspector.
may be terminated after all obligations are fulfilled which were
permitted prior to the City Inspector receiving cancellation
notice from surety.
(£) Upon the approval of the City of Prichard Director of
Finance, utilities of sufficient sound financial position shall
be permitted to execute their own bond, conditioned as above,
but without a separate corporate surety.
SECTION 5. Permit - Fee.
The applicant shall also deposit with the City Inspector,
before any permit shall be issued, a permit fee to cover the
City’s cost of inspection and clerical services. The schedule
of fees - set forth herein - is established to offset the City’s
expenses and the fee shall be computed on the basis of the units
of work and the schedule of fees. No part of this permit fee is
refundable,
Page 5
FEE SCALE
Listed as follows are the permit fees to be charged in
connection with pavement cuts within streets, sidewalks or storm
drains:
0 sq. yds. to 2 sq. yds. - - - - $ 5,00
2 sq. yds. to 25 sq. yds. - - - - $15.00
25 sq. yds. to 100 sq. yds. - - - - $20.00
100 sq. yds. to 500 sq. yds. - - - - $25.00
500 sq. yds. to 1,000 sq. yds. - - - - $30.00
For each additional 1,000 sq.. yds.
P= POPOL CRE PSOE “SUSE EHS ETE ES a ommerintaes
1,000 sq. yds. - - ~-------+---- $20.00
Permit Fees for cuts or excavations in portions of street
rights-of-way controlled by the State of Alabama and in the city
rights-of-way other than in the pavement of streets, sidewalks
or storm drains, shall be one-half the fees above set out,
Provided: that the fee for excavations for utility poles so
located shall be $1.00 per hole, which fee includes any
necessary guy or anchor used with the pole.
SECTION 6. Permit - Qualifications of Applicant.
Applicants for permits may be either an owner ora
contractor. However, the work may be performed only by: (1)
licensed contractors, (2) utility companies, (3) governmental
agencies, or (4) resident owner of residential property where
the property owner proposes to do work between his property line
and the back curb line.
SECTION 7. Permit - Conditions and Specifications.
The City Inspector will have available on file, and make a
part of each permit issued, the conditions and specifications of
Page 6
# cM erie snines
cos the particular patch and/or refill to be made under the permit
issued to the applicant. The City Inspector may require the
current Alabama State Highway Department standard
specifications, or, the specifications used to originally pave
the subject road within the past five years; or, specifications
prepared by a registered professional engineer in the State of
Alabama, as approved by City Inspector; or, specifications
ies V 6] SBN OT= 0 sc RaoT Gn i ge i oIaa ts) 8/01/21 puame d= (etcicge Welk “\7-aa Vile ESAS 4 AME T0\s eae oT
addition, shall have the appropriate specifications for gutter,
and sidewalk cuts, and damaged manhole replacements, which will
be made part of each permit issued for the same.
SECTION 8. Required Construction Time.
The work will be accomplished in accord with the chart set
out below, to assure the proficiency and permanency of the work
performed. The permit issued shall be made subject to
completion of the initial patch or repaving in the time stated
by the City Inspector in the permit.
SECTION 9. Time Limits.
Any permit issued pursuant to this ordinance shall become
null and void in the event work authorized thereunder is not
commenced within 72 hours after date of commencement in the
Permit and/or is not carried out in the most expedient manner
possible, while complying with the City Inspector,
specifications for the work to be done, and the time allowed in
the permit.
Page 7
‘ SECTION 10. Excavations Under Electrical, Gas, Building
and Plumbing Codes subject to this ordinance. .
All provisions of the Electrical Code, Gas Code, Building
Code and Plumbing Code relating to excavation in streets or
alleys and relating to connections with or use of sewers and
utilities requiring a permit for pavement, sidewalk or curb
cuts, whether such code is presently in existence or hereafter
He sane DIE Crp TE A CS PEC LOST TAPP TT CEPTS PPOV LS LONE OE EES emma
ordinance.
SECTION 11. Obstruction of More than Half of Street or
Alley. .
Tt shall be unlawful for any person engaged in removing any
pavement or in excavating in any street or alley, to obstruct
_ more than one-half of the width of the roadway of such street at
a time, measured from curb to curb, or to obstruct more than
one-half of the width of such street or alley, without specific
prior authorization of the City Inspector to do so.
SECTION 12. Protections Near Excavations.
Por every excavation made on public property or public
right-of-way, proper safeguards shall be provided against injury
to the public. Barricades shall be provided five feet from such
excavations, shall completely encircle all open excavations or
trenches, and shall also be placed wherever necessary to assure
the safety of the public.
From sunup to sundown there shall be placed at a distance
of not less than 100 feet, sufficient numbers of red flags
Page 8
teoasnciamerbe ESM RST REMC ROSY CAVA ETON” SHA" SEBS?
and/or color cones to warn the public of dangerous excavations.
From sunset to sunrise, there shall be placed at a distance of
not less than 100 feet, sufficient flasher lights or flambeaux
to indicate the length of the excavation in the public
thoroughfare and to warn the public of dangerous excavations.
‘In addition to the above, there shall be placed on or by the
barricades, sufficient flasher lights or flambeaux to indicate
When approved by the City Inspector, steel plates of
sufficient strength may be used temporarily to cover excavations
to prevent blocking of streets.
SECTION 13. Removing Lights or Danger Signals.
ft shall be unlawful for any person to destroy, remove,
injure or interfere with any caution flasher light or danger
signal that may be in use in the City rights-of-way.
SECTION 14. Signs on Obstructions and at Excavations.
It shall be the duty of any person making any opening in
any public street in the City, laying or repairing any pavement
or sewers, in or under such street or in any manner obstructing
any portion of such street to erect signs visible from each
Girection of access to such work or obstruction, which signs
shall state the name of the person doing such work or
obstructing such portion of such street, and the name of the
person for whom the work is being done. Such signs shall be of
such size and placement as to be easily read at a distance of 30
feet.
Page 9
secon acmaniatmeonseastonl ODEO NMG SO Pes PEPER ETE PERS HEE Te
ECTION 15. Notification of Intent to Cut Street.
tA
The City Inspection Department shall be notified at least
24 hours prior to the making of any pavement cut, except
emergency cuts; and the name, address and telephone number of
the person or agent representing the person making the pavement
cut, who will be available on a 24-hour call, in case of
emergencies, shall be given to the City Inspection Department.
a . ac RSE A AE ae aa EE
(a) In addition to the protection devices hereinabove
required, all signing and/or barricading shall conform to the
Alabama Manual on Uniform Traffic Control Devices.
(6) Any detour plan, and/or use of uniformed police,
and/or restriction of hours of work during peak traffic shall be
included in the permit issued.
SECTION 17. Indemnity Provision and Insurance Required.
(a) In addition to any liability imposed upon the
permittee by law, the permittee shall indemnify and agree to
save harmless the City and its elected or appointed officers,
agents, boards, commissions, employees and representatives
against and from any cost, expense, claim, demand or liability
arising out of or in connection with any act or omission of the
permittee, his agents and employees, and of any subcontractor,
his agents and employees, in the course of the performance of
the work under permit which results airectly or indirectly in the
injury to or death of any person or persons or the damage of any
property of any person or person.
Page 10
(b) The permittee shall take out and maintain during the
life of the permit Workmens Compensation insurance for all of
his employees employed at the site of the project, and, in case
any work is sub-let, the permittee shall require the
subcontractor similarly to provide Workmens Compensation
insurance for all of the latter’s employees unless such
employees are covered by the protection afforded by the
nereacencrn saeco OTE EEE ET CESS ay CLEES OF
5 1 3 1 1 10 889 707 54 32 32.187424 Shp
5 1 3 1 1 11 962 708 46 32 51.282139 Loy
5 1 3 1 1 12 1019 708 51 26 28.187363 Cee
5 1 3 1 1 13 1093 709 95 33 4.465332 Saag
5 1 3 1 1 14 1199 708 33 29 4.465332 ee
5 1 3 1 1 15 1260 708 32 29 34.255257 Th
5 1 3 1 1 16 1317 708 75 30 0.000000 baba
5 1 3 1 1 17 1407 708 86 31 0.000000 deus
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5 1 4 1 1 1 219 769 80 21 96.577324 work
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5 1 4 1 1 3 445 771 75 23 95.810646 this
5 1 4 1 1 4 544 775 157 22 95.866585 contract
5 1 4 1 1 5 725 777 38 21 96.764503 at
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5 1 4 1 1 7 867 777 78 23 96.573982 site
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5 1 4 1 1 10 1111 780 138 29 96.274673 project
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5 1 4 1 2 5 804 845 243 27 96.110191 Compensation
5 1 4 1 2 6 1072 848 150 28 95.186050 statute,
5 1 4 1 2 7 1252 850 56 21 96.061646 the
5 1 4 1 2 8 1331 850 178 28 96.050949 permittee
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5 1 4 1 3 1 218 896 97 28 83.298828 shali
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3 1 4 2 0 0 197 1104 1286 646 -1
4 1 4 2 1 0 322 1104 1101 38 -1
5 1 4 2 1 1 322 1104 44 27 78.082512 (c)
5 1 4 2 1 2 399 1106 114 27 94.440590 Except
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5 1 4 2 1 5 837 1111 175 29 96.528023 provided,
5 1 4 2 1 6 1044 1119 57 23 95.619469 any
5 1 4 2 1 7 1124 1114 178 28 95.619469 applicant
5 1 4 2 1 8 1327 1118 56 20 96.322632 for
5 1 4 2 1 9 1407 1124 16 15 96.506462 a
4 1 4 2 2 0 210 1168 1273 42 -1
5 1 4 2 2 1 210 1168 120 27 96.167526 permit
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5 1 4 2 2 3 495 1172 96 28 96.791542 prior
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5 1 4 2 2 7 939 1181 36 21 96.014038 of
5 1 4 2 2 8 1000 1181 80 22 94.764626 such
5 1 4 2 2 9 1102 1181 132 29 96.723015 permit,
5 1 4 2 2 10 1263 1189 138 21 96.272774 procure
5 1 4 2 2 11 1426 1186 57 21 96.372604 and
4 1 4 2 3 0 209 1236 1130 36 -1
5 1 4 2 3 1 209 1236 141 23 95.953682 deliver
5 1 4 2 3 2 375 1239 36 21 96.108131 to
5 1 4 2 3 3 435 1240 55 22 96.521362 the
5 1 4 2 3 4 514 1240 76 29 96.521362 City
5 1 4 2 3 5 615 1244 176 27 96.464172 Inspector
5 1 4 2 3 6 815 1252 16 15 96.486443 a
5 1 4 2 3 7 856 1246 222 24 96.486443 certificate
5 1 4 2 3 8 1102 1250 36 21 96.143143 of
5 1 4 2 3 9 1164 1248 175 24 96.143143 insurance
4 1 4 2 4 0 207 1303 1172 43 -1
5 1 4 2 4 1 207 1303 162 30 95.238274 covering
5 1 4 2 4 2 391 1305 117 29 95.238274 public
5 1 4 2 4 3 533 1307 175 32 96.234184 liability
5 1 4 2 4 4 733 1312 56 22 53.676727 and
5 1 4 2 4 5 812 1315 161 27 95.690544 property
5 1 4 2 4 6 996 1315 120 29 94.917320 damage
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5 1 4 2 5 2 411 1380 135 23 96.302795 company
5 1 4 2 5 3 570 1377 199 24 96.581932 authorized
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5 1 4 2 5 6 935 1383 180 22 96.062500 Insurance
5 1 4 2 5 7 1139 1385 198 27 96.093796 Department
5 1 4 2 5 8 1361 1387 36 21 96.910995 of
4 1 4 2 6 0 202 1438 1253 41 -1
5 1 4 2 6 1 202 1438 142 23 94.991470 Alabama
5 1 4 2 6 2 369 1441 36 21 95.743065 to
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5 1 4 2 6 8 1058 1452 35 20 96.391769 of
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4 1 4 2 7 0 201 1506 1174 39 -1
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Page 11
wre eS ER EER TSS BPE ERS LOT OUT NS E
(a) The certificate may be placed on file for each
individual permit or a blanket certificate may be filed for an
extended period of time.
(e) The policy limits of such liability insurance shall
contain not less than the following limits of coverage:
Insurance: The permittee shall take out and maintain during the
Item 1 - Workmens Compensation - Employers Liability Insurance
a. Statutory - amount and coverage as required by law
of the State of Alabama.
Item 2 - Comprehensive - General Liability Insurance
a. Public Liability including premises, products, and
complete operations, with the City of Prichard a
named insured.
(1) Bodily injury liability - $250,000 each person
$500,000 each occur.
(2) Property damage liability - $100,000 each
occurrence.
Item 3 ~ Comprehensive - Automobile Liability Insurance
including owned, non-owned, and hired vehicles
a. Bodily injury liability - $250,000 each person
$500,000 each occurrence
b. Property damage liability ~ $100,000 each occurrence
(£) Upon the approval of the City of Prichard Director of
Finance, utilities of sufficient sound financial position shall
be permitted to file a Certificate of Self Insurance, and
Workmens Compensation coverage, conditioned as above set out.
SECTION 18. Work on Federal or State Highways.
In the event any cut, opening, or excavation is made in or
under the surface of any roadway which constitutes part of a
Page 12
Federal or State highway it shall be the duty of the person
doing such work and of each agent acting for such person to
obtain a permit from the State Highway Department prior to the
issuance of a permit by the City Inspection Department.
SECTION 19. Exceptions to Permits Required.
(a) Excepted from the requirements of obtaining a permit
is the use of unimproved, neutral-ground of the rights-of-way of
nmnecbrenG ey PoEsor Gatto -seeneere Tih pLo VERN CS Dy ENS Sd aS eee
residential owner; Provided, however, that such improvements are
subject to applicable ordinances and to removal by the City at the
discretion of the City of Prichard; and
(c) Subject only to the requirement of notifying the
Inspection Department at least 24 hours prior to excavation and
) excepted from all other permit requirements of this ordinance
shall be:
(1) cuts made in the outside edge of the unimproved
portion of the city rights-of-way of less than 24 inches in
length therein, and solely for the purpose of single family
residential individual service connections by the following
utilities: South Central Bell Telephone; Alabama Power Company,
Mobile Gas Service, the Water Works and Sewer Boara of the City
of Prichard, Mobile Water Service System and Kushla Water Works;
(2) the replacement, in an immediately adjacent hole,
of utility poles.
(3) openings, excavations and cuts by contractors in
the City of Prichard rights-of-way done in accordance to plans
Page 13
‘ and specifications of projects let for contract by the City of
Prichard, State of Alabama or United States Government.
SECTION 20. Restoration of Streets Upon Completion of
Work; Notification of Completion; Certificate; Penalty.
It shall be the responsibility of each person, firm or
EES E SOLE CLO COP eS EOE SENS SESS EU PRET OP Sees
its approximate condition or better as before any opening, cut
or excavation was made thereupon. Each person, firm or
corporation, whether exempt from obtaining a permit hereunder or
not, shall notify the Inspection Department within 48 hours
after the completion and restoration of any opening, cut or
i excavation in or under the surface of any street, alley,
sidewalk or public way of the City of Prichard. The Inspection
Department shall inspect the restoration and, upon satisfactory
proof, issue to the person, firm or corporation a certificate of
compliance with this Section. Any person, firm or corporation
failing to comply with this’ Section shall be punished as set
forth in Section 22 hereof.
SECTION 21.
All existing ordinances in conflict with this ordinance are
hereby repealed.
SECTION 22.
Any person, firm or corporation found in violation of any
of the provisions of this ordinance shall be fined in an amount
Page 14
not exceeding the sum of $500.00 and may also-be sentenced to
hard labor for the City or to imprisonment in the City Jail for
a period not exceeding six months, one or both, in the
Qiscretion of the municipal court.
SECTION 23.
If any section, subsection, sentence, clause, phrase, or
portion of this ordinance, is for any reason held invalid or
JARRE iets Qs: carl is is yp RETA Ant Chiaki aE
“=“qConSt tutional by Court of competent Jurisdiceion, such
portion shall be deemed a separate, distinct, and independent
provision and such holding shail not affect-the validity of the
remaining portion thereof.
SECTION 24.
This ordinance shall be in full force and effect from and
after its adoption and publication as required by law.
ADOPTED this 27th day of August, 1991.
a
APPROVSD:
MA GIW MOBERG WILSON, MAYOR
CN te
va prenr
nes K. NORWOOD, CLERK
oO
Page 15
STREET CUT PERMITS FOR PRICHARD WATER AND SEWER 2017
210 Patricia Avenue $5.00
132 N Hobb Aveneue $5.00
Marsh & Petain Street $5.00
142 Anderson $5.00
Cayuga & St Stephens Road $5.00
Oneal & Vanilla Street $5.00
Corner of MLK & Meaher $5.00
223 E Elm Street $10.00
123 Edison Street $10.00
927 Newsome Street $10.00
820 Young Street $10.00
Haig & Wilson Avenue $10.00
312 July Avenue $10.00
300 Lovejoy Loop / . $15.00
635 Montgomery Street $15.00
Lovejoy & Prichard Avenue $10.00
1109 Dade Street $10.00
811 Murphy Street $10.00
116 N Thompson Street $15.00
146 E Elm Street $15.00
541 Chandler Street $15.00
227 July Avenue $15.00
Lovejoy & Prichard Avenue $15.00
Cr of Diaz & MLK $15.00
523 Coal Street $15.00
138 Peterson Road $15.00
406 Elm Street $15.00
407 Elm Street $15.00
Elm & Alaska Street $15.00
317 Fall Avenue $15.00
217 Lovejoy Loop $5.00
1616 Warsham Avenue $5.00
408 Rawls Street . $5.00
Grand Total for 2017 $330.00

