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(A) Every person engaged in the business of doing any of the work for which a permit may be issued under the provisions of § 70.22 shall, before engaging in any work or before applying for or securing a permit authorizing the breaking or opening of any of the roads, streets, alleys, sidewalks, or public ways within the unincorporated areas of the county, or before placing any material or other obstruction in, upon, across or over the sidewalks, streets, alleys, or public ways of the unincorporated areas of the county, procure and maintain public liability and property damage insurance in some good and solvent insurance company authorized to do business in the state covering any and all claims or judgements for any injury or damage to either person or property occurring or arising in any way or manner or connected in any way or manner with the placing, leaving, or maintaining of any material or other obstruction, in, upon, across, or over any of the sidewalks, streets, alleys, or public ways of the county. The insurance shall provide:
(1) To pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of the liability imposed upon him or her or it by law for damages, including damages for care and loss of services, because of bodily injury, including death, at any time resulting therefrom, sustained by any person or persons, caused by accident and arising out of the performance of any of the foregoing mentioned work, acts, or obligations; and
(2) To pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of the liability imposed upon him or her or it by law for damages because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the performance of any of the foregoing work, acts, or obligations.
(B) The insurance shall be subject to limits of liability for bodily injury for any one accident in an amount of not less than $10,000 for any one person and $20,000 for two or more persons, and shall be subject to limits of liability for property damage for any one accident in an amount of not less than $5,000 per accident.
(C) Before any permit under the provisions of § 70.22 shall be issued, there shall be filed in the office of the County Clerk a certificate signed by the insurance company evidencing the fact the public liability and property damage insurance hereinabove provided for has been issued and paid for by the applicant and is in full force and effect, which certificate shall provide, among other things, that ten days’ written notice shall be given to the County Judge/Executive before the insurance may be canceled, altered, or terminated. This cancellation, alteration, or termination of the insurance shall not become effective until ten days after the same shall have been read and recorded in the official minutes of the Fiscal Court.
(Prior Code, § 40.101) (Ord. 78-5, passed 9-13-1978)
(A) Any person desiring permission to dig into, disturb, or excavate any public street, alley, sidewalk, or other public place of the unincorporated areas of the county and having reasonable or sufficient cause for so doing shall make application for such permission to the County Road Supervisor on an appropriate printed form to be prepared and furnished by him or her for that purpose, showing the place of the proposed excavation, the purpose thereof, and the time when it is expected to be done.
(B) If in the opinion of the County Road Supervisor, the applicant has a reasonable and sufficient cause for making the excavation, he or she will issue a permit therefor, specifying therein a sum of money to be deposited by the applicant, which shall be sufficient to cover the cost of restoring and repairing the street or other place to be excavated. In lieu of requiring the deposit of a certain sum of money for each cutting, the County Road Supervisor, in his or her discretion, may permit an applicant to post a blanket bond to indemnify the county for the cutting of any street, road, and the like, in lieu of making a cash deposit for each cutting. When a blanket bond is posted, the County Road Supervisor shall encumber the bond each time a permit is secured and, when the cutting is properly restored, the County Road Supervisor shall then release the encumbrance against the blanket bond.
(C) Any excavation of any public street or roadway shall be done in such a manner that the surface cut must extend one foot in all directions beyond the excavated area such that the restored roadway surface will overlap existing, non-disturbed base material and sub-grade area. All surface restoration of excavated areas must consist of six inches of compacted dense grade aggregate, six inches of compacted base asphalt, and two inches of surface asphalt compacted. All seams shall be properly sealed with rubberized hot asphalt. In the alternative, eight inches of Class 1 concrete may be applied as a base with an overlay of two inches of surfaced asphalt compacted. All seams shall be properly sealed with rubberized hot asphalt.
(Prior Code, § 40.102) (Ord. 78-5, passed 9-13-1978; Ord. 2003-3, passed 4-9-2003)
(A) It shall be the duty of any person excavating any street or other public place in the unincorporated areas of the county to put sufficient barricades around the work during the day and sufficient red lights or flare torches thereon at night to protect persons and property against danger.
(B) Such person shall be liable for damages which may result to any person or property by reason of such excavation and nothing herein shall be construed as to impute liability to the county for any such damage or to impose upon the county the duty of guarding and protecting persons and property from injury by reason of such excavation.
(Prior Code, § 40.103) (Ord. 78-5, passed 9-13-1978) Penalty, see § 70.99
After necessary work has been done, the following standards shall prevail in repairing the road, street, or alley:
(A) A crushed stone backfill of dense grade shall be applied into the repaired portion of the street; and
(B) After which, the pavement shall be replaced with concrete or with bituminous pavement, depending upon the particular street or road involved, of the same type and depth of the existing pavement.
(Prior Code, § 40.104) (Ord. 78-5, passed 9-13-1978)
ROADS AND BRIDGES
Before the Fiscal Court expends any state-derived tax revenues on a state rural, secondary, county road, or municipal highway, road, street, or county or municipal bridge, it shall first hold a public hearing in accordance with the provisions of KRS 174.100 to take the sense of the public with regard to the priorities for use of tax monies for road and bridge purposes.
(Prior Code, § 40.200) (Ord. 80-20, passed 1-16-1981)
Before the contemplated date of expenditure of state-derived tax revenue on a road or bridge by the Fiscal Court, the Court shall give notice in the manner required by KRS Chapter 424 of a public hearing to take the sense of the public with regard to road and bridge matters within the county. The hearing shall be held not less than seven nor more than 21 days after the first publication of the notice and before beginning work on any project covered by this subchapter.
(Prior Code, § 40.201)
Statutory reference:
Related provisions, see KRS 174.100(1)
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