The City shall grant to utility entities ("the utility") that operate and conduct work within the City, a blanket permit to open, occupy and use the streets, public ways and public places in the City for the purpose of constructing, operating, maintaining, repairing, replacing, removing, lines, facilities, utility poles, and any work which is part of the utility's normal operations, upon the following terms and conditions:
(a) The utility shall file annually a permit application form with the Department of Public Works outlining all planned construction work for the year, if the information is known, along with a proposed work schedule. The utility shall further notify the City of the beginning and completion dates of such construction projects on a quarterly basis.
(b) The utility shall pay an annual fee of ten thousand dollars ($10,000) payable on or before July 1 of each year. Such annual fee shall be in lieu of all other permit fees assessed under City ordinances applicable to the activities permitted herein, including but not limited to building permit fees and street opening permit fees.
(c) All excavations and other disturbances to City property and public rights of way shall be restored to the same condition as before as soon as practicable after completion of construction subject to the approval of the City Engineer, and the Superintendent, Department of Public Works.
(d) The utility shall immediately notify the City of any changes in its proposed work schedule.
(e) In the event of an emergency, the utility shall have the right to perform work or make such excavations as are necessary to protect life and property and make urgent repairs and shall notify the City of such work as soon as practicable.
(f) This permit shall apply to any and all territory hereafter annexed to the City.
(g) This permit shall become effective on July 1, of a given year, and shall remain in effect for an initial period of one (1) year and automatically renew for one (1) year periods thereafter upon payment of the annual fee unless superseded, amended or revoked by the parties in writing.
(h) The City shall annually notify the utility of all highways, streets, alleys, sidewalks and other public rights of ways which it intends to pave or repave and give the utility sixty (60) days in which to inspect, repair, extend or construct its lines, underground utilities, and other facilities in such locations prior to the commencement of paving work.
(i) The City may but is not required to assist the utility with traffic control where needed for utility construction work conducted pursuant to the Permit and shall have the right to inspect all such work.
(j) The City shall provide the utility with specifications for repairs to be completed on repaving of excavations made in City streets and rights of way and shall notify the utility of any changes in such specifications prior to the beginning of the construction season.
(k) The utility shall indemnify the City and save it harmless from and against all claims, actions, losses, damages, liabilities, costs and expenses in connection with loss of life, personal injury, and/or damage to property of every kind arising from or out of any occurrence of negligence by regarding the activities contemplated hereunder.
(l) In case the City shall be made a party to any litigation resulting from its actions, the utility owes the City a duty to indemnify the City and shall protect and hold the City harmless and shall pay all costs, expenses and attorney's fees incurred or paid by the City in connection with such litigation.
(m) This permit shall be subject to the laws of the State of West Virginia, the ordinances of the City of Clarksburg relating and applicable to the control, supervision and direction of public utility operations.
(Ord. 20-15. Passed 3-19-20.)