59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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sons duly authorized and required to make house connections, and to re -lay and replace pavements under their contract. shall be and hereby is repealed, and new Section 903.99, Sidewalk Permit, is enacted to read as follows: 903.09 SIDEWALKPERMIT. (a) For the purpose of this section, "sidewalk" means that portion of a street be- tween the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. (b) No person shall break, deface, damage or destroy any sidewalks or curbing in or along the sheets or public places of the City. (c) Before any person, other than a City contractor, officer or employee, shall make any opening or remove any sidewalk or curb in or along any of the streets, alleys, avenues or public grounds in the City, such person shall file with the Director of Public Works a written or printed application for a permit, setting forth and indicating thereon the location and extent of the opening in the sidewalk or curb desired to be opened up or removed, and the purpose and size of the opening to be made. Before any permit is grant- ed, the applicant shall pay to the City a permit fee of twenty -five dollars ($25.00) per address, after which payment the Director of Public Works may issue a permit, and the applicant may proceed to do the work. The foregoing shall not apply to sidewalks taken up to lay connections by per- sons duly authorized and required to make house connections, and to re -lay and replace pavements under their contract. U Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council and of any of its committees that resulted in such for- mal action were in meetings open to the public in compliance with all legal requirements. Section 5. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in its preamble, and provided it receives the affirmative vote of at least five members of Council this ordinance shall take effect and be in force immediately, or otherwise shall take effect and be in force after the earliest period allowed by law. (02299394 - 1)