(a) Any person, desiring to construct a
within the public right-of-way, shall first make application to the City Engineer or designee for a permit therefor. Such application shall be in writing upon a form provided by the city, and made available at the office of the City Engineer. Such application shall contain information showing the type of construction, the width of the proposed
, the location of such
by lot and block number, as well as by street and house number, and such other information as may be required. The application shall be filed by the property owner desiring to construct such
or by his or her duly authorized agent.
(b) The fees for permits for the construction of
provided herein shall be as set forth in City Code Appendix A.
(c) Before a permit is issued to construct a
within the public right-of-way, the applicant shall deposit with the City Clerk a surety bond in the amount of $5,000 in favor of the city. The required surety bond must be:
(1) With good and sufficient surety by a surety company authorized to do business in the state;
(2) Satisfactory to the City Attorney in form and substance;
(3) Conditioned that the applicant will faithfully comply with all the terms and conditions of this Article I; all rules, regulations and requirements pursuant thereto and as required by the City Engineer and all reasonable requirements of the City Engineer including payment of the charge for street or other restoration work as set forth in the rules and regulations; and
(4) Conditioned that the applicant will secure and hold the city and its officers harmless against any and all claims, judgments or other costs arising from the
permit or for which the city, the City Council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee.
(d) Recovery on such surety bond for any injury or accident shall not exhaust the bond but shall in its entirety cover any or all future accidents or injuries during the
work for which it is given.
(e) In the event of any suit or claim against the city by reason of the negligence or default of the permittee, upon the city giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his or her surety.
(f) An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified herein and in other respects as specified herein but applicable as to all excavation work in public ways or public grounds by the permittee during the term of one year from said date.
(g) A permittee, prior to the commencement of
work hereunder, shall furnish the City Engineer or designee satisfactory evidence in writing that the permittee has in force, and will maintain in force during the performance of the
work and the period of the
permit, public liability insurance of not less than $100,000 for any one person and $300,000 for any one accident and property damage insurance of not less than $100,000 duly issued by an insurance company authorized to do business in the state and on which policy the city is named as a co-insured.
(h) The permittee shall indemnify, keep and hold the city free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee’s negligence in constructing any
. In the event that suit shall be brought against the city, either independently or jointly with the permittee on account thereof, the permittee, upon notice to it by the city shall defend the city in any suit at the cost of the permittee, and in the event of a final judgment being obtained against the city, either independently or jointly with the permittee, the permittee shall pay such judgment with all costs and hold the city harmless therefrom.
(i) In locations where the
is to a county road, a permit is required from the county.
(1958 Code, § 23.05) (Ord. 93, passed 12-17-1956; Ord. 2010-7, passed 3-22-2010; Ord. 2022-40, passed 8-29-2022)