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ORD NO 07-1976 ORDINANCE NO. 2 1976 AN ORDINANCE TO PROTECT THE CITY STREETS OF THE CITY OF VAN BUREN, ARKANSAS, BY REQUIRING A PERMIT AND FEES FOR STREET CUTS, PROVIDING THAT A VIOLATION IS A MISDEMEANOR, PROVIDING FOR FINES AND AN EMERGENCY CLAUSE. WHEREAS, priviate and public utilities, contractors and others have done extensive damage to our streets when making street cuts and not properly preparing for a new street surface, and WHEREAS, the cost to the City is continually increasing, and WHEREAS, it is necessary for the City of Van Buren to place the responsibility for repairing our City streets upon the party causing the problem. NOW TIJEREFORE, be it ordained by the City Council of the City of Van Buren, Arkansas: SECTION 1: No person, firm or corporation shall bore, excavate under, or cut or excavate into the surface of any street, alley, or public highway within the City limits of Van Buren, Arkansas for any purpose what -so -ever, without first obtaining an official permit therefor from the City of Van Buren Building Inspector. SECTION 2: That the fee for said permit shall be Fifty Dollars ($50.00) to be paid at the time of acquiring said permit. SECTION 3: All work performed under said permit shall meet all safety standards; and the person, firm or corporation undertaking such work shall protect the safety of the traveling public by erection of barricades, signs, or lights. SECTION 4: The person, firm, or corporation performing said work shall carry off all material excavated from the street cut upon completion of this job; and no fill replaced prior to inspection by the City Building Inspector. SECTION 5: Upon approval of the Building Inspector of the street cut, as provided in Section 4 above, the person, firm or corporation shall fill the excavated area with wet compacted sand or wet compacted crusher dust; and the City Building Inspector shall inspect all work performed to insure compliance with this section. SECTION 6: That in the event that there is an emergency, such as a leak in the line, the person, firm or corporation or department of the City will contact the Building Inspector and pay the permit fee as soon as practical and follow the provisions of the Ordinance as set out herein above. In no event shall any fill be put into a street cut until all excavated material has been taken from the site. SECTION 7: That if said street cut is made by the City Water and Sewer Department for a new tie -on, the $50.00 fee shall be collected from the property owner, by said Department in addition to any other tie -on fee, and said fee shall be paid to the City Building Inspector. SECTION 8: Failure to obtain said permit and pay the fees outlined in Section 1 and 2 of this Ordinance and violations of provisions of Sections 3,4, and 5 is declared to be a misdemeanor and any person, firm, or corporation who is found guilty shall be fined not more than One Hundred Dollars ($100.00); each day during which a violation continues, shall constitute a separate offense. SECTION 9: It being immediately necessary for the preservation of the peace, health, and safety of Van Buren, Arkansas and the inhabitants thereof, that the provisions of this Ordinance shall take effect and be in force from and after its passage, approval and publication. S ,cL, PASSED AND APPROVED THIS day of March, 1976. tritd4L- AT^1't ST: �+awR .C CM C City Clerk