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Ordinance #131

AN ORDINANCE TO REGULATE THE EXCAVATION IN, OR
BORING UNDER STREETS IN THE CITY OF JOHNSON,
ARKANSAS.
AN ORDINANCE REGULATING AND RESTRICTING EXCAVATIONS IN AND
UNDER THE CITY STREETS OR ALLEYS, AND CURB CUTS FOR DRIVEWAYS
WITHIN THE CITY, AND DECLARING AN EMERGENCY.
This Ordinance is adopted pursuant to the authority
conferred upon the City Council of the City of Johnson by
Legislative Act of March 9, 1875, No. 1, §7 (1st sentence), p.l;
Crawford & Moses Digest, §7607, Pope's Digest §9702, codified as
A.C.C. 14-301-101.
It is hereby found that from time to time it becomes
necessary for various persons or agencies to excavate in or bore
under city streets or alleys in order to make repairs to or
install water, gas and sewer pipes, electrical lines, or other
utilities or equipment in or under the streets and alleys of the
City of Johnson.
It is further found that the opening and closing of such
excavations and borings must be controlled and monitored by the
City of Johnson to insure that the streets are closed for minimum
time, that such repairs and alterations are made in a safe and
workmanlike manner, and that the party responsible for making the

openings, alterations or repairs, and closing the openings is
accountable for any damage to the city streets or injuries to
any city property caused by the actions of such parties.
It is also found that supervision and inspection of cuts
made in curbs to accommodate driveways and for other purposes is
necessary to insure the health, safety and welfare of the
citizens of the City of Johnson.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JOHNSON, ARKANSAS;
SECTION I. EXCAVATION IN STREETS
(a) Permit reguirements, Before any person shall dig,
excavate in, bore under, or remove any portion of any street,
alley, curb or sidewalk in the city, he shall obtain a permit
issued by the city street superintendent. At the time of making
application for the permit, an inspection fee of ten dollars
($10.00) shall be paid. An applicant for such permit shall
deposit cash or a sufficient surety bond at the office of the
city clerk before a permit shall be issued. The amount of the
cash and/or bond shall be determined by the street superintendent
based upon the estimated cost of the permanent repair as
described under (2)d below, but shall not be less than five
hundred dollars ($500.00). The cash and/or bond shall be
forfeited for failure to comply with the rules of public safety,
failure to close the opening as guickly as possible, failure to
complete the backfill and repair in accordance with
specifications, failure to- complete the necessary cleanup, or
causing unnecessary inconvenience or damage to vehicular or other
traffic.
(1) Jacking or boring. The depth of bury on installations
which are jacked or bored under any street shall have a minimum
depth of bury of two and one-half (2.5) feet below the low points
of the street cross section to the top of the pipe or casing, or
three and one-half (3.5) feet below the bottom of the pavement
structure (top of sub grade) to the top of the pipe or casing,
whichever gives the greatest depth. If the pavement structure is
damaged by the jacking or boring installation, it shall be
repaired in accordance with (2) below.
(2) Street cuts. All streets cuts shall be made and
repaired in accordance with Figures 1, 2, or 3 depending on the
type of street surfacing.
(a) The person making the street cut shall saw cut the

pavement in a smooth straight line before any excavation
commences. Flares, barricades, warning signs and similar warning
devices shall be used to protect the public from harm. The City
Street Superintendent or his authorized representative shall
inspect the street opening before any crushed stone base (SB-2)
backfill is placed in the opening and during the backfill
operation. The backfill shall be watered and compacted by hand
or machine tampers. A temporary patch of two (2) inches of cold
mix asphalt shall be used over the top of the backfill matching
the existing grade of the street surface. After the trench has
had time to settle, the person who makes the street cut shall
make the permanent repair in accordance with Figures 1, 2, or 3.
(b) If it is necessary to make a street cut during
off-duty hours, the person making the cut shall notify the City
Police Department. Normal duty hours are from 7:30 a.m. until
4:00 p.m. Monday through Friday with the exception of holidays.
The City Street Superintendent or his authorized representative
shall inspect all street cuts made during off-duty hours. An
extra charge in the amount of fifteen dollars ($15.00) per hour
shall be billed to the person making the cut during off-duty
hours to compensate the City Street Superintendent or his
authorized representative.
(c} The person who makes the street cut shall be
responsible for making any needed repairs due to settling of the
cut or loss of cold mix asphalt for a period of ninety (90) days
from the time the temporary patch is completed, or until the
permanent repair is completed by the person who makes the street
cut, whichever comes first.
(d) After the temporary patch is complete, the City
Street Superintendent or his authorized representative shall make
a final inspection and measure the width and length of the street
cut. The cash and/or bond deposited with the City shall be
returned to the applicant after the applicant has paid for the
cost of the permanent repair, and the final clean-up of the
trench cut is complete.
(3) Curb cuts for driveways. Curb modifications for
driveways shall be in accordance with the detail in Figure IV.
The driveway shall slope up to a minimum elevation at the street
right-of-way equal to the height of the curb. As an alternate,
the entire curb and gutter section for the driveway may be sawed
vertically for the full depth and removed. The curb and gutter
shall then be construed as a part of the driveway.
The modified curb and gutter must have the shape shown in
Figure IV, and have one-half-inch filled construction joints at
each end of the driveway.
(a) The Street Superintendent or his authorized
representative shall inspect the curb cut after the excavation
for the driveway is complete and before any base material,
asphalt, or concrete is placed for the construction of the
driveway. A final inspection shall be performed after the

driveway construction and clean-up is complete. The cash and/or
bond deposited with the City shall be returned to the applicant
when the curb modification is completed in accordance with
Section 1 paragraph 3 of this Ordinance.
(b) Exceptions. Whenever a building permit has been
issued to construct, alter, or repair a building, and a curb cut
is required, the Chief City Building Inspector shall be
responsible for issuing curb cut permits. The ten dollar
($10.00) inspection fee and requirement of cash and/or bond to be
deposited with the City shall be waived. The same construction
and inspection procedures as outlined above under (a) shall be
followed, with the exception that the Chief City Building
Inspector or his representative shall be responsible for making
all inspections.
SECTION 2 SEVERABILITY
(a) If any of the provisions of this Ordinance or the
application thereof to any person or circumstances are held
invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without
the invalid provision or application, and to this end, the
provisions of this Ordinance are declared to be severable.
SECTION 3 EFFECTIVE DATE
(a) WHEREAS, the immediate application of this Ordinance is
necessary for the preservation of the public health, public
safety, and general welfare, an EMERGENCY is hereby declared to
exist, and this Ordinance shall be in full force and effect from
and after its passage by the City Council, City of Johnson and
publication and posting as required by law.