Chapter 96 STREETS AND SIDEWALKS

(A) By placing, piling or displaying any goods, wares, merchandise, rubbish, or ashes or any other obstruction, or by suffering or permitting any box, barrel, bale, sign, post, marker or any other kind of goods or materials of obstruction to be placed on and allowed to remain on the sidewalks, streets or terraces between the sidewalks and the curb line of the streets;

(B) By occupying more than one-fourth of the sidewalk, for the deposit of goods, wares or merchandise in the course of receipt or delivery, for a longer period of time than 2 hours.

(1994 Code, § 96.01) (Ord. 672, passed - -) Penalty, see § 10.99

96.002 SALES PROHIBITED IN CERTAIN AREAS.

It shall be unlawful to exhibit or participate in any exhibition of any kind, exhibit for sale, sell or give away from a booth, stand, truck, automobile or other structure or conveyance placed in or upon the streets, sidewalks or other public places within the following described territory within the city: the streets, sidewalks or other public places situated between the west line of Center Street on the west, the east line of Water Street on the east, the north line of Adams Street on the north and the south line of Lake Avenue and the Pennsylvania Railroad on the south, all the above acts enumerated being and are hereby declared unnecessary obstructions to traffic and dangerous to human life; provided, that this section shall not apply to any sales made by any sheriff, coroner, constable, assignee, trustee, commissioner, executor, administrator or any other officer of any court in the official discharge of his duty, nor to any person selling his household goods or other personal goods or chattels which had immediately prior to such sale been used by him within the city.

(1994 Code, § 96.02) (Ord. 672, passed - -) Penalty, see § 10.99

96.003 OBSTRUCTIVE CONGREGATING PROHIBITED.

It shall be unlawful for 3 or more persons to assemble, except in public meetings of the citizens, on any of the sidewalks, street corners, street crossings or near the mouths of the alleys of the city to the obstruction of the same, so as to hinder or delay any person passing in, upon or along the same, or the owners or occupants of the property adjacent thereto.

(1994 Code, § 96.03) (Ord. 218, passed - -) Penalty, see § 10.99

Cross-reference:

For prepayment of fine to Ordinance Violations Bureau, see § 33.113

96.004 ADVERTISING SIGNS.

All filling station advertising signs, tourist signs or any other advertising signs are hereby declared to be an obstruction within the meaning of this subchapter, provided that the erection and maintenance of not more than 1 sign or obstruction, which does not exceed 9 square feet in area, may be installed and maintained upon a given location and so constructed or installed and maintained that the same shall not be an obstruction within the meaning of this subchapter; provided further that written application for permission to use the sidewalk, terrace or street shall be made to the Common Council, which application shall set forth all the facts necessary to show that the obstruction is not an obstruction within the meaning of this subchapter.

(1994 Code, § 96.04) (Ord. 672, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.005 APPLICATION FILING, CONTENTS.

Every application for use of the street, sidewalk or terrace within the city shall be made to the Police Department and shall state the exact location, the purpose for which it shall be used, the nature of the obstruction, that such sign or obstruction does not exceed 9 square feet in area, that no other sign or obstruction is now erected or shall be erected on the location and that the applicant warrants that the city shall be held free from any and all liability whatsoever arising because of permission granted to use such street, sidewalk or terrace.

(1994 Code, § 96.05) (Ord. 672, passed - -)

SNOW AND ICE

96.020 DUTY TO REMOVE IN 24 HOURS.

It shall be the duty of every owner, lessee or occupant of any premises abutting or bordering upon any street in the city to remove, or cause to be removed, all snow and ice from the sidewalk in front of such premises to the full paved width of the sidewalk within 24 hours after such snow or ice shall have fallen or accumulated thereon.

(1994 Code, § 96.15) Penalty, see § 10.99

96.021 UPON FAILURE OF OWNER, PUBLIC WORKS TO REMOVE.

In the event of the failure of the property owner, lessee or occupant to remove or cause to be removed snow and ice from sidewalks as required in the preceding section, within the period of time specified in the preceding section, the Board of Public Works may remove or clean such snow or ice or cause the same to be removed or cleaned.

(1994 Code, § 96.16)

96.022 COLLECTING COSTS.

The cost of removal or cleaning of snow and ice, as provided in the preceding section, shall be a lien on such property, which shall be placed on the tax duplicate and shall be collected in the same manner as taxes are collected and turned in to the City Treasury.

(1994 Code, § 96.17)

TREES AND SHRUBS

96.035 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE. The specifications and standards with relation to the shade trees and shrubs planted or growing in the public area of the city will be set out in detail in a special form. Said specifications and standards shall be compiled by and approved by the Urban Forestry and Flower Committee by no later than July 1, 2014. Upon their approval, the specifications and standards shall be made available to the public in the Clerk-Treasurer’s Office and on the city’s website. These specifications and standards, while not a part of this chapter, are made a part of this chapter by reference. They will detail the species of trees to be used in new plantings, locations of the trees, how the plantings are to be handled and the general rules of tree maintenance.

CITY FORESTER. A person named by the Mayor to perform the duties outlined in this chapter for the City Forester. The City Forester may be the same person as the City Engineer or City Street Superintendent or any other person named by the Mayor to so act. The City Forester shall receive compensation for his work as set out in the salary ordinance of the city. Additional expense necessary to carry out the city’s share of the Shade Tree Program shall be a part of the annual budget and shall be a separate item of the budget, beginning with an appropriation of $5,000 in the City Properties Fund in the 2015 budget.

MAJOR PRUNING. The pruning of branches greater than 3 inches in diameter, pruning roots, or removing greater than 15% of the tree’s canopy. Major pruning must be performed according to American National Standards Institute (ANSI) A300 guidelines.

STREET TREE PLAN. The written recommendations of the Urban Forestry and Flower Committee, which outlines the species of trees to be planted in a given block, the location of the tree line with reference to the center line of the street, space or interval to be allowed between trees and any other special instructions deemed necessary by the Committee. The Street Tree Plan shall be compiled by and approved by the Urban Forestry and Flower Committee by no later than December 31, 2015. Upon its approval, the Street Tree Plan shall be made available to the public in the Clerk-Treasurer’s Office and on the city’s website.

STREET TREE RECORD.

(1) A large scale map of the city upon which shall be shown by the proper legend the location of existing street shade trees.

(2) A separate map showing by appropriate legend the recommendations as to species of trees to be used as replacements or for new street shade tree plantings.

(3) The Street Tree Record shall be compiled by and approved by the Urban Forestry and Flower Committee by no later than July 31, 2015. The Street Tree Record shall be fully updated by the Committee at least once every 10 years thereafter. Upon its approval, the Street Tree Record shall be made available to the public in the Clerk-Treasurer’s Office and on the city’s website.

TOPPING. The cutting back of major limbs to stubs within the tree’s crown to such a degree as to disfigure the tree canopy.

(1994 Code, § 96.25) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014)

96.036 TREE SPECIFICATIONS.

(A) Ash, Carolina Poplar, Cottonwood, Lombardy Poplar, Box Elder, Silver Maple, Ailanthus or Tree of Heaven, Chinese Elm, Siberian Elm, Willows and Dwarf Catalpas, or Female Ginkgo, or other trees deemed inappropriate by the City Forester, shall not be used for street planting.

(B) All other species may be planted as street trees as set out by the Street Tree Plan, with a preference given to the planting of native species to the extent practicable.

(D) No tree shall be planted at a distance of less than 25 feet from any other tree or less than 2 feet from the established sidewalk line, except by permission of the City Forester or City Street Superintendent, unless in line with existing trees.

(E) The minimum height of any tree planted as a street tree shall be 8 feet.

(F) The minimum stem caliper of any tree planted as a street tree in the city shall be 1 inch in diameter measured at a point 1 foot above the ground line.

(G) Any tree planted as a street tree in the city shall have a well defined single central stem and shall be free from a double stem or sharply “u’d” crotches.

(H) All tree planting shall conform to American National Standards Institute (ANSI) A300 guidelines.

(1994 Code, § 96.26) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014)

96.037 CITY CONTROL OF TREES, EXPENSES.

(A) The city, through its City Street Superintendent and/or City Forester and/or City Parks Superintendent, shall have charge, custody and control of all trees and shrubs growing in any street, highway or public place in the city.

(B) Any and all expense in connection with the setting out, cutting, trimming or replacing of trees shall be borne by the city, except as otherwise provided.

(1994 Code, § 96.27) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014)

96.038 PLANTING ON NEW STREETS.

Whenever a new street or extension of an existing street is opened for public use by the Board of Public Works and Safety, the Board shall include in its records of the approval of such street opening or extension a notation indicating the species of trees to be planted as such shade trees in each of the street blocks. It is provided that the Board of Public Works and Safety will accept the recommendation of the City Forester which will be recorded on the Street Tree Record.

(1994 Code, § 96.28) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014)

96.039 IMPROVING EXISTING STREET PLANTINGS.

(A) Wherever there exist streets on which there are shade trees that are over-age, partially dead, of unsuitable species, improperly spaced or otherwise undesirable, the City Forester may have such hazardous trees pruned or removed and shall plant or cause to be planted trees that will conform with the approved Street Tree Plan.

(B) If there are spaces in a given block otherwise planted in which there are no street trees, the City Forester may cause to be planted trees that will conform to the approved Street Tree Plan.

(C) Whenever there exists in the city a street which has never been properly planted with shade trees, the Urban Forestry and Flower Committee is to place on its Street Tree Record a ruling of the Urban Forestry and Flower Committee, which will indicate the species of trees that may be planted, the location of the trees and the space to be allowed between trees in each block of the street.

(D) If in the street not properly planted, there are found trees not conforming to the plan laid out for such street and block, the City Forester may cause to be removed such nonconforming trees, and may plant trees that will conform with the Street Tree Plan for the block in question.

(1994 Code, § 96.29) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014)

96.040 TREE CARE GENERALLY, PERMIT.

(A) Trees that are dangerous to public safety or trees not in conformity with the Street Tree Plan may be removed by the city. Trees may be trimmed by the city to uncover street lights, to improve street lighting, to remove dangerous limbs, to remove limbs that interfere with pedestrian or vehicular traffic or are doing damage to adjacent buildings.

(B) No person shall plant, move, brace, remove, top, or perform major pruning, cut above or below the ground any tree or shrub growing in any street, right-of-way, highway or public place in the city without receiving a permit from the City Forester. Street trees may be planted by an individual or groups at their own expense when and if authorized to do so by the City Forester through such permit. Permittees planting street trees shall notify neighboring property owners of the planting so they may have an opportunity to have a part in the planning of the Street Tree Plan for their street block.

(C) Permits to do street tree planting, major pruning of a street tree, or street tree removal shall be issued by the City Forester in duplicate, 1 copy to the permittee and 1 copy retained by the City Forester.

(1994 Code, § 96.30) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014) Penalty, see § 10.99

96.041 FASTENING MATERIALS TO TREES, PERMIT.

No person shall fasten any sign, wire, rope or other material to, around or run any wire or rope through any tree or shrub growing in any street, highway or public place in the city without receiving a permit from the City Forester.

(1994 Code, § 96.31) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014) Penalty, see § 10.99

96.042 DAMAGING TREES PROHIBITED.

No person shall deposit or store materials of any kind in a public place in the city for a time sufficient to cause damage to the trees or shrubs growing in any street, highway or public place in the city. No person shall be permitted to dig holes or tunnels through street tree root systems so as to injure such street tree or to move a house or building that cannot be moved without injury to a street tree or trees in a public place in the city.

(1994 Code, § 96.32) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014) Penalty, see § 10.99

96.043 ENFORCEMENT OF CHAPTER.

(A) This subchapter shall be enforced by the City Forester who is guided by arboricultural specifications and standards of practice under the rules and regulations set out by the Urban Forestry and Flower Committee.

(B) Any person who violates this subchapter or in any way violates the recommendations of the Street Tree Plan may be cited by the City Forester with a penalty of $250 per violation. The city may seek any other applicable remedies for such violations.

(1994 Code, § 96.33) (Ord. 968, passed - -; Am. Ord. 2014-2072, passed 1-13-2014) Penalty, see § 10.99

96.044 ENFORCEMENT OF CHAPTER.

Repealed by Ord. 2014-2072.

(1994 Code, § 96.34) (Ord. 968, passed - -)

SIDEWALK CONSTRUCTION

96.060 LOCATION IN REFERENCE TO STREET LINE OF LOT.

All sidewalks 5 feet in width shall be built with the inside line of the walk 1 foot from the street property line of the lot; except on Webster Avenue in the Plymouth Improvement Company addition. All sidewalks exceeding 5 feet in width shall be built with the inner line of the walk on the street property line of the lot.

(1994 Code, § 96.45) (Ord. 300, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.061 WIDTHS.

All sidewalks constructed within the city shall be of the following width:

(A) On Michigan Street between Washington Street and the Yellow River bridge, 16 feet wide; and all other sidewalks on Michigan Street shall be 5 feet wide; except on the west side thereof from the north line of the right-of-way of the Pittsburgh, Fort Wayne and Chicago Railway, as now located south to the city, shall be 6 feet wide, except from the Yellow River bridge to the north line of Pennsylvania Avenue and its continuation, the walks shall extend from the street line of the lot to the curb as now constructed, and except in front of Lot No. 7, original plat of the town, the sidewalks shall be 16 feet wide.

(B) On Laporte Street from Michigan Street to Center Street the sidewalks shall be 7 feet in width and from Center Street to the east line of the Pennsylvania Depot building, 6 feet wide.

(C) On Garro Street, from Michigan Street to Second Street in Rose’s addition, sidewalks shall be 6 feet wide, except on the north side of Garro Street from Michigan Street to the first alley west, along the Plymouth State Bank building, sidewalks shall be 12 feet wide.

(D) On Center Street between Lake Avenue and Monroe Street, 6 feet wide.

(E) On Washington and Adams Streets, between Michigan and Plum Streets, 6 feet wide; except along the north side of Lot No. 37, original plat of the town, the sidewalks shall be 8 feet wide.

(F) On Jefferson Street between Michigan Street and the Vandalia Railroad, 6 feet wide.

(G) On Washington Street, and Garro Street and Laporte Street from Michigan Street to the first alley east of Michigan Street, sidewalks shall be 8 feet wide.

(H) On Webster Avenue in the Plymouth Improvement Company’s addition, sidewalks shall be 5 feet wide and constructed with the inner line of the walk 6.5 feet from the street line of the lot.

(I) All other sidewalks within the city shall be 5 feet in width.

(1994 Code, § 96.46) (Ord. 300, passed - -; Ord. 728, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.062 GRADE.

(A) Grade stakes shall be set by approved Project Layout Personnel to define the line and grade, and the walk shall be built so as to conform to these stakes.

(B) The sidewalk on sand shall be graded 4 inches and on clay and other soil types 8 inches below the finished surface of the walk. The grading shall be smoothly and neatly done, all large stones, boulders, roots, sods and rubbish of every description being removed from the grade and the entire grade made to conform fully to the grade of the walk when finished.

(C) If soft, spongy or loamy poor sub-grade conditions are encountered, they shall be taken out and backfilled with INDOT #53 Coarse Aggregate or sand and the grade compacted with vibratory compaction.

(D) The transverse slope of the walk shall be one-fourth inch per foot and shall be determined with level and grade board according to drawings in the City Engineer’s office. Walks over cellars and not in contact with the earth shall be structurally designed and certified by an Indiana professional engineer and submitted to the City Engineer for review.

(E) Trees shall not be injured, cut down or otherwise disturbed, except by order of the Street Superintendent.

(F) Roots of trees which are not removed but which are contiguous to the line and grade of the walk shall be trimmed and cut away as the Street Superintendent may direct.

(G) The sub-grade soils shall be throughly compacted per the city design standards and specifications (95% AASHTO T-99) and upon all soil, except sand, there shall be spread 4 inches of INDOT #53 Coarse Aggregate Base throughly compacted before the concrete is placed. Recycled concrete meeting the INDOT #53 gradation may be utilized in lieu of the #53 Coarse Aggregate Stone Base.

(1994 Code, § 96.47) (Ord. 313, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.063 CONCRETE PLACEMENT.

(A) Forms shall be of wood or metal and shall extend for the full depth of the concrete. Forms shall be straight, free from warp, and able to resist the pressure of the concrete without springing. Bracing and staking of forms shall be such that the forms remain in both horizontal and vertical alignment until their removal.

(B) The sub-grade shall be throughly compacted, cleaned of debris, and moistened immediately prior to the placing of the concrete.

(C) Concrete shall be throughly consolidated against the faces of all forms and/or adjacent concrete surfaces. Hand placed concrete shall be throughly consolidated with the use of a vibrator. Vibrators shall not operate in any 1 location so as to bring excessive mortar to the surface, and shall not come in contact with the sub-grade or forms.

(D) Prior to concrete placement a compacted #53 stone base/leveling layer shall be placed on to keep positive drainage on the sidewalks and drives.

(E) Drive/sidewalk concrete shall not be placed on frozen sub-grade. Concrete shall be placed when the ambient temperature is 35°F and above, unless ‘cold weather’ concrete placement procedures are followed as required by the city representative.

(F) The sidewalk shall be removed at the joints. Concrete sawing may be required.

(G) Provide a smooth transition between the existing concrete drives/sidewalks and the proposed new drive/sidewalk concrete.

(H) All sidewalks placed shall conform to the current ADA Standards at the time of placement.

(1994 Code, § 96.48) (Ord. 313, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.064 WEARING SURFACE.

(A) The surface shall be coarse broomed finished to a slip resistance surface. No plastering of the surface will be permitted.

(B) When finished, an INDOT approved curing compound shall be applied according to the manufacturer’s recommendations. If a curing compound is not applied as noted above, the work shall be kept covered from the sun for 2 days and be kept moist by sprinkling.

(C) All exposed edges shall be finished with a 1/4 inch radius. In areas where the existing sidewalk does not have a 1/4 inch radius the edges shall be transitioned to match the existing sidewalk.

(D) The concrete walk shall be cut into blocks containing not more than 25 square feet and of shape approved by the Street Superintendent.

(E) The pavement shall be properly fitted around all fixtures in the sidewalk. The edges of the walk shall be leveled from top to bottom.

(F) Sidewalks shall be constructed to a minimum depth of 4 inches unless another depth is designated and to the width of the adjoining walk, or to a width as indicated above. However, sidewalks placed at drives shall be 6 inches thick, or the same depth of the existing drive, whichever is greater.

(G) All blocks shall be perfect and free from cracks and similar imperfections and if found not to comply with these specifications in any respect, at any time up to the warranty period, they shall be taken out immediately and replaced by the contractor at no expense to the city.

(1994 Code, § 96.49) (Ord. 313, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.065 EMBANKMENTS.

(A) Embankments made to raise walk to the proper grade shall be formed of compact earth free from large stones and perishable matter and thoroughly settled by ramming or rolling.

(B) Where necessary, embankments shall be supported and kept in place by the building of retaining walls of the same material, proportions and workmanship as the concrete base, their size shall be determined by the City Engineer. Walks, resting on embankments over 18 inches in height, shall have substantial balustrades built under the direction of the Street Superintendent.

(1994 Code, § 96.50) (Ord. 313, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.066 MATERIAL AND WORKMANSHIP.

(A) All material, before used, shall be approved by the Street Superintendent.

(B) Concrete mix requirements. Comply with the following as minimums:

(1) Portland cement. ASTM C 150, type I or II, low alkali;

(2) Aggregate, general.

(a) ASTM C30, uniformly graded and clean;

(b) Do not use aggregate known to cause excessive shrinkage.

(3) Aggregate, coarse. Crushed rock or washed gravel with maximum size between 3/4 inch and 1 1/2 inch, and with minimum size number 4;

(4) Aggregate, fine. Natural washed sand of hard and durable particles varying from fine to particles passing a 3/8 inch screen, of which at least 12% shall pass a 50-mesh screen;

(5) Water. Clean and potable;

(6) Air entrainment admixtures. Air entrainment shall be 5% to 8%;

(7) Slump shall be equal to or less than 4 inch in slip form applications and between 3 inch to 5 inch in conventional placement applications;

(8) Compressive strength of 4000 psi at 28 day test;

(9) Fibermesh shall be utilized to minimize temperature and shrinkage cracking;

(10) Admixtures containing chlorides shall not be utilized unless approved by the Street Superintendent;

(11) An INDOT approved curing compound shall be applied according to the manufacturer’s recommendations.

(C) Use only such additives as are recommended in the mix design and approved by the engineer and governmental agencies having jurisdiction.

(D) Provide concrete in the proportions established by the mix design, and to the compressive strength of 4000 psi at 28 days.

(E) Mix designs shall be submitted to the Street Department Superintendent. The Superintendent shall review the mix design and approve if it meets specifications.

(F) When concrete is delivered in transit mixers, additional water to increase the initial workability of a load, may be added within 45 minutes of initial mixing as approved by the city representative. Any addition of water shall be noted on the batch ticket and shall not occur as a continuing operation.

(G) The float shall be used to bring the walk to a clean surface and the trowel only enough to take out marks after floating.

(H) Troweling that will draw the cement to the surface shall not be permitted.

(I) Walks having steep grades shall be indented by metal rollers or a method approved by the Street Superintendent. All grades shall conform to ADA requirements unless existing conditions deem this impossible. The Street Superintendent and the City Engineer must approve this deviation.

(1994 Code, § 96.51) (Ord. 313, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.067 GENERAL SPECIFICATIONS.

(A) The contractor is to furnish the City Engineer necessary help in driving stakes and laying out the walk and shall give the City Engineer at least 3-days’ notice before commencing work.

(B) It is understood that all walks built under these specifications are to be constructed at the contractor’s risk and he or she is to assume the responsibility and risks of all damages.

(C) Traffic on the street shall be maintained. If traffic is to be constricted appropriate maintenance of traffic measures shall be taken. The maintenance of traffic plan shall conform to the MUTCD and shall be approved by the Street Superintendent.

(D) The walk shall be laid in sections which will interfere as little as possible with pedestrian traffic.

(E) As soon as the walk has been completed, all materials and equipment used in constructing the walks shall be removed from the street.

(F) The contractor shall erect all necessary day and night barricades and lights and shall omit no reasonable precaution which will tend to the security of persons and property.

(G) Contractors for cement walks shall be required to warranty their work for a period of 1 year from the time of the acceptance by the Street Superintendent.

(H) The work under these specifications, as it progresses, and with respect to all details, shall be under the supervision of the Street Superintendent.

(I) No materials of any kind shall be used until they have been examined and approved by the Street Superintendent, who shall have power to condemn any work, or materials, not in accordance with these specifications, and to require the contractor to remove any work or material, so condemned, from the street.

(1994 Code, § 96.52) (Ord. 313, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.068 PROCEDURE FOR ORDERING CONSTRUCTION OR REPAIR.

(A) If any person wishes to make a request for sidewalk repair, this written request shall be submitted to the Street Superintendent. The Superintendent shall review the request in respect to the conformance to the city ADA transition plan. The Superintendent shall inform the person regarding the status of the request within 30 days of the receipt of the request.

(B) If any person shall build or repair his walk, he shall do so in conformity with the resolutions and ordinances for the construction and repair of the same and to the approval of the Street Superintendent.

(1994 Code, § 96.53) (Ord. 367, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.069 PROCEDURE FOR AWARD OF CONTRACT.

(A) If contracts are to be let, the sidewalk projects list shall be preliminarily approved by the Board of Public Works and Safety. Once approved a design will be completed and contract documents shall be prepared and advertized.

(B) The letting of the contract shall be in the manner provided by law.

(C) The City Clerk-Treasurer shall cause to be published in a newspaper of general circulation published in the city, a notice informing the public and contractors of the general nature of the improvements to be made under this subchapter and of the fact that the drawings and specifications for the proposed improvements are on file in the Clerk-Treasurer’s office and calling for sealed proposals.

(D) Bids are to be submitted on Indiana Form No. 96 and shall be accompanied with the appropriate financial statement. Each bid shall be accompanied by a certified check or acceptable bid bond, in a sum of not less than 5% of the total bid amount. Bids shall be in sealed envelopes, marked with the name and place of business of the bidder.

(1) A performance bond equal to the contract price and a payment bond to insure the payment of subcontractors, contract laborers, material suppliers, and persons furnishing services will be required upon award of contract.

(2) No bid shall be withdrawn after scheduled closing time for receipt of bids for at least 30 days. The Board reserves the right to reject any or all bids, to accept all, or any part of any bid received, and to waive any and all informalities in bidding, and to accept the lowest and/or best bid.

(1994 Code, § 96.54) (Ord. 367, passed - -; Ord. 461, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

96.070 RESPONSIBILITY OF CITY ENGINEER.

The City Engineer shall be responsible for providing consultation, design, and inspection services as requested by the Street Superintendent.

(1994 Code, § 96.55) (Ord. 807, passed - -; Am. Ord. 98-1732, passed 11-23-1998; Am. Ord. 2012-2033, passed 4-9-2012)

CONSTRUCTION OF STREETS AND ALLEYS

96.085 PETITION OF PROPERTY OWNERS FOR IMPROVEMENTS.

If in any city block within the city the owners of property in the block, between 2 streets intersection, wish to improve the street adjacent to their property, with black top and curb and gutter, they may petition the Common Council for such improvement. The Common Council may then approve such improvement and will set a cost per foot of curb and gutter in the street adjacent to the property.

(1994 Code, § 96.65) (Ord. 807, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.086 PAYMENT OF COSTS OF IMPROVEMENTS.

The Clerk-Treasurer will set up on his books all the owners of property on the city block in question, setting out the front footage on each lot, the amount on the contribution per foot and the total amount due. When all the property owners certify to the Common Council that such a block on a certain street is paid in full, the City Engineer will be given instructions by the Common Council to proceed with the improving of such street, with cement curb and gutter and black top. If there are those who do not or will not pay the contribution required, others may do it for them, but in cases where contributions are made for others, the city shall be in no way involved in the arrangement between the 2 or more parties.

(1994 Code, § 96.66) (Ord. 807, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.087 JURISDICTION OF CITY OVER STREETS OUTSIDE CITY.

The city shall have no part in the improvement of the road or street that lies outside the city. However, if the city limits run down a road center line, the city may cooperate with property owners, the state, the county or whoever is in charge of the improving of that section of the road not in the city.

(1994 Code, § 96.67) (Ord. 807, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.088 IMPROVEMENT OF ALLEYS.

If the property owners in any 1 block within the city desire to have the alley adjacent to their property improved with a cement, brick or black top pavement, the procedure shall be the same as outlined in this subchapter for all parties, except that all the expense shall be paid by the owners of adjacent property before the improvement is made.

(1994 Code, § 96.68) (Ord. 807, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

EXCAVATIONS

96.100 PERMIT REQUIRED.

It shall be unlawful for any person to cut into, dig, excavate or tunnel under any city maintained street or alley without first obtaining a permit from the city to do so and agreeing to pay charges specified in this subchapter.

(1994 Code, § 96.75) (Ord. 858, passed - -; Am. Ord. 98-1732, passed 11-23-1998) Penalty, see § 10.99

96.101 APPLICATION FOR PERMIT.

All applications for permits as provided in this subchapter shall be in writing and upon a form to be prescribed by the Common Council and made to the City Clerk-Treasurer. Applicants for permits shall agree in writing to the provisions of this subchapter and to such other conditions as the Common Council or the Street Commissioner may require before permits are issued under this subchapter.

(1994 Code, § 96.76) (Ord. 858, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.102 CHARGES.

(A) The following charges shall be made for cutting, digging, or excavating in any such city-maintained street or alley:

(1) Street Cuts Up to 4' X 24' (larger street cuts must be performed by a qualified paving contractor, whose cost above the $500 base permit fee shall be paid by the person making the application)	$500 plus asphalt material costs
(2) Potholing Up to 1' X 1'	$100

(Ord. 2018-2138, passed 7-23-2018)

96.103 BOND IN LIEU OF CHARGES.

(A) If parties requesting permit to cut streets or alleys post with the city an approved surety company bond, as hereinafter set out, the charges stated in this subchapter will be waived.

(B) The bond will be surety for the following:

(1) The applicant assumes all the direct responsibility as set out in § 96.107;

(2) The applicant agrees to pay for all repairs required to be made by the city during the 1-year period following the 28-day period of direct responsibility. Such costs are to include all labor, materials and supervision provided by the city to complete and properly maintain the repair required by the cutting of the street or alley surface;

(3) The amount of the bond shall be for a minimum amount of $2,000 and shall be increased in amount in proportion to the amount of work to be done by the applicant and shall be not less than 50% of the annual city charges to the application;

(4) In event the party posting the bond shall fail to make the proper barricades or safety devices during the 28-day period of direct responsibility, the city may provide the same, and the applicant shall pay for all such repairs or services, provided that such payment shall in no way relieve the applicant of the direct responsibility assumed in this subchapter.

(1994 Code, § 96.78) (Ord. 866, passed - - ; Am. Ord. 98-1732, passed 11-23-1998)

96.104 BOND WHEN PAVEMENT NOT TO BE CUT.

When the paved or traveled portion of the street or alley is not to be cut, parties wishing to do so may post a cash bond in the amount equal to the charges set out in § 96.102, in lieu of actual prepayment, in which event the applicant assumes the responsibilities set out in this subchapter. The billing of the city will be deducted from the cash bond posted, with the remainder, if any, returned at the expiration of the 28-day period.

(1994 Code, § 96.79) (Ord. 866, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.105 INSPECTOR; WAIVER OF CHARGES.

The Street Commissioner shall act as inspector for the purposes of this subchapter to determine the type surface cut and to determine the extent in area for which the applicant shall be charged for which service the city may make a charge of $1 per application. The Street Commissioner may waive charges provided in § 96.102(D). If such charge is waived, the applicant shall assume full responsibility for replacing the berm or unsurfaced portion of the street or alley to its original condition.

(1994 Code, § 96.80) (Ord. 858, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.106 BACKFILL.

Any person cutting into or tunneling under any such city maintained street shall backfill any such trench or excavation as soon as is practicable after opening the same by thoroughly tamping the backfilling in layers not exceeding 6 inches deep and notify the Street Commissioner when the backfill is complete.

(1994 Code, § 96.81) (Ord. 858, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.107 RESPONSIBILITY OF EXCAVATOR.

The applicant shall assume, from the time of opening of the street or alley, and for a period of 28 days after the backfilling of the opening, the direct responsibility for the following:

(A) Provide and maintain proper barricades, lights or warning signals, and assume all liability arising from accidents caused by the work;

(B) Before starting work, the applicant shall notify the Street Commissioner and Fire Department of when and where street or alley is to be cut;

(C) Backfill and repair the surface as required. Inspect and maintain in good condition the fill in a suitable condition to safely accommodate traffic;

(D) The above direct responsibility shall terminate 28 days after the backfill has been completed and the Street Commissioner properly notified thereof.

(1994 Code, § 96.82) (Ord. 858, passed - -; Ord. 866, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

THOROUGHFARE PLAN

96.120 MASTER THOROUGHFARE PLAN MAP.

(A) The locations and details of construction of the principal thoroughfares, existing and planned, within the jurisdictional area are shown upon the map designated as 1947 Master Thoroughfare Plan of City of Plymouth, Indiana and Environs.

(B) Such map and all the notations, references and other things shown thereon shall be as much a part of this subchapter as if the matters and things set forth by the map were all fully described herein.

(1994 Code, § 96.90) (Ord. 817, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.121 APPLICABILITY.

The jurisdictional area covered by this subchapter shall include all the land lying within a distance of 2 miles of the city.

(1994 Code, § 96.91) (Ord. 817, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.122 ACCEPTANCE OF LAND FOR STREET PURPOSES.

(A) The adoption of this subchapter shall not, in itself, constitute the opening, establishment or acceptance of land for street or highway purposes.

(B) Except as provided in this subchapter, such opening or establishment or acceptance of land for street or highway purposes shall follow the usual legal procedure of dedication or condemnation.

(C) Whenever it shall become desirable or necessary to open or establish a street or highway, within the jurisdictional area of this subchapter, the location of the principal thoroughfares right of way width, setback line and minimum construction details shall conform to the regulations or specifications shown on the thoroughfare map or as described in this subchapter.

(D) Intermediate or additional streets, alleys or roadways lying within and coordinating with the framework of the Master Thoroughfare Plan may also be established, provided that such additional streets conform to a plat or replat of the area bearing the endorsement of approval of the City Plan Commission.

(1994 Code, § 96.92) (Ord. 817, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.123 ENFORCEMENT.

The enforcement of this subchapter shall be the duty of the City Engineer. It shall be his duty to report immediately to the Common Council any violation that comes to his attention with respect to this subchapter.

(1994 Code, § 96.93) (Ord. 817, passed - -; Am. Ord. 98-1732, passed 11-23-1998)

96.124 AMENDMENTS.

This subchapter may be amended from time to time upon recommendation by the City Plan Commission. Amendments to this subchapter may be made either by the changing of the written sections of this subchapter or by the changing of the Master Thoroughfare Plan Map specifications, or either. If an amendment is made by the changing of the map only, the Plan Commission shall report such change to the Common Council so that the change can be indicated on the records of the Common Council as well as those of the Plan Commission.

(1994 Code, § 96.94) (Ord. 817, passed - -; Am. Ord. 98-1732, passed 11-23-1998)