(A) Any applicant applying for permission to open any city street, alley or other roadway must post with the City Clerk an indemnity and performance security bond in the sum of $2,000 payable to the city, to protect the city from any liability of any kind or character whatsoever, which may arise as a result of said applicant’s opening any such street, alley or other roadway, or which may in any way or manner be connected therewith, or related thereto and to guaranty that the replacement and repair of the opened street or alley surface and subsurface are installed in accordance with city street construction standards and the terms of the opening permit.
(B) Any person, before making any opening in any street, alley or other roadway within the city, must first obtain an opening permit and file with the City Clerk a certificate of insurance or its equivalent providing for public liability coverage in the sum of $750,000 for each person, and an aggregate sum of $1,500,000 for more than one person on account of any one accident, and $50,000 for property damage, to protect the parties and indemnify, hold harmless and defend the city from any expense, cost, damage and any liability of any kind or character whatsoever resulting from or which may arise as a result of said applicant’s opening any such street, alley or other roadway, or which may in any way be connected therewith, or relating thereto.
(C) A public utility which is regulated by the Public Service Commission of the state may not be required to provide an indemnity and performance security bond. A public utility which is regulated by the Public Service Commission may file with the City Clerk annually a certificate of insurance which provides public liability coverage in at least the minimum sums indicated in division (B) above.
(Ord. 2009-03, passed 8-31-2009)