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AN ORDINANCE AMENDING ORDINANCE NO. 737 AND CARROLL’S DIGEST SECTION 548; REGULATING THE BACK-FILLING AND RESURFACING OF EXCAVATIONS IN PUBLIC STREETS, ROADWAYS, AND ALLEYS; PROVIDING PENALTIES FOR VIOLATIONS THEREOF
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
Section 1: Section 3 of Ordinance No. 737, and Carroll’s Digest, Section 548, are amended to read as provided in the following sections.
Section 2: Any person, firm or corporation responsible for opening any trench or excavation within the confines of any public street, roadway or alley, or any public street, roadway or alley, or any person, firm or corporation holding a permit to make such opening, shall comply with the following requirements as to the filling or resurfacing of such excavations:
(1) All trenches opened within the confines of any public street, roadway or alley within the City of Jonesboro shall be backfilled with material suitable to obtain compaction of a density at least equal to that of the surrounding earth.
(2) Excavated materials may be used for backfill if such material is red or white clay, loam, sandy clay or sand and gravel. All back filled material shall be free of blue clay, gumbo, clods of earth, frozen earth, rocks over 3 inches in diameter, broken concrete, rubbish, brick, sod, or organic material.
(3) Backfill material shall be moistened and placed in six inch layers and tampered by hand or mechanical tampers to a density equal or greater than that of the surrounding earth.
(4) Water backfilling, pudding, or jetting may be used, in lieu of the tamping method when approved in writing by the City Engineer.
(5) Any pavement, hard surface or gravel surface removed for any excavation in public streets, roads or alleys shall be replaced with like material and bonded to the adjacent undisturbed surface.
Section 3: Acceptance or approval of any excavation work by the proper City official shall not prevent the City from asserting a claim against the responsible person, or holder of the permit, if discovered within 12 months from the completion of the excavation work.
Section 4: If the permit holder, or other responsible person, firm or corporation, fails to comply with the provisions of this ordinance, after being notified by the City in writing of the particular defect, then the City shall have the right to do all work and things necessary to complete the filling and resurfacing. The holder of the permit, or other responsible person, firm or corporation shall be liable for the actual cost to the City of such work, and 25% of such cost in addition for general overhead and administrative expenses. The City shall have a cause of action for all such fees, expenses, and amounts paid out and due for such work. As an additional remedy, where any such excavations are made on any street dedicated to public use, but not yet accepted by the City, the City may withhold acceptance until the provisions herein have been fully complies with.
PASSED and ADOPTED this 1st day of January, 1962.