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Every application for a permit shall be accompanied by a nonrefundable fee of fifty dollars ($50.00). A separate application and permit shall be required for each tunnel, excavation, trench or other opening. In the case of an excavation, trench or other opening, the application for a permit shall be accompanied by a deposit of ten dollars ($10.00) for each square foot of surface affected by such excavation, trench or other opening, with a minimum deposit of one thousand dollars ($1,000). The deposit provided in this section shall not apply to bonded and insured contractors performing work for the City, to major subdivisions where financial guarantees and deposits are in place pursuant to a subdivider's agreement, or to utility companies operating within the City pursuant to a franchise granted by the City.
(Ord. 123-92. Passed 11-9-92.)
The full responsibility and liability for damages arising from the creation of any tunnel, excavation, trench or other opening shall be that of the permit holder, who shall at all times keep the tunnel, excavation, trench or other opening properly guarded and enclosed so as to ensure the safety of persons and vehicles using the street, alley or roadway. This responsibility shall continue until permanent replacement of the surface of the street, alley or roadway is made. This responsibility shall include the cost of defense of all lawsuits and settlement and payment of any and all claims, actions or judgments for damage to persons or property arising out of the creation and maintenance of such tunnel, excavation, trench or other opening.
(Ord. 304-66. Passed 12-14-66.)
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