(A) Excavations. No person shall engage in any digging or excavating in any street in the city without first obtaining a permit from the City Clerk, on forms to be prescribed by the City Clerk, said forms to state the person digging or excavating and the location. The applicant for said permit shall pay a fee of $5 plus a charge of $5 per square foot for opening costs, said square footage to be based upon the size of the trench. The applicant shall backfill the excavation in the presence of a city employee and according to city specifications. The city will then assume the responsibility of permanent street surfaces after adequate time has elapsed for settling. This division (A) shall not apply to any city employees in the execution of city work.
(Prior Code, Chapter 14, Article 2, § 1)
(B) Excavations - bonds. Before any person, firm, or corporation shall privately engage in the business of making excavations in any street or alley for the purpose of making sewer or water connections or in the repairs of same, said person, firm, or corporation shall first file with the City Clerk a bond to said city in the sum of $1,000 executed by the person or firm or corporation filing same, together with two sufficient sureties and approved by the Council, conditioned that said person, firm, or corporation will indemnify and save harmless the city from all suits or claims for damages which may arise on account of or by reason of the doing or omitting to do of any work or duty imposed upon such person, firm, or corporation by the ordinances of said city or by the laws of the state, either by such person, firm, or corporation or by those in his, her, or their employment; also, such person, firm, or corporation will replace and restore the street or alley where any such work has been done in as good condition as he, she, or they found it, and he, she, or they will keep guards by day and red lights or flare by night, and he, she, or they will keep and maintain the same in good order to the satisfaction of the Public Works Committee. He, she, or they will conform, in all respects, to the rules and regulations of the City Council relating to streets, water mains, sewers, and drains and will obey all ordinances of said city relating thereto and will pay all fines that may be imposed upon him, her, or them by law.
(Prior Code, Chapter 14, Article 2, § 9)
(C) Excavations - certificate of insurance. In addition to any other requirements imposed by the ordinances of the city, prior to the issuance of any permit to any person to dig or make any excavation in any street of the city and before any such permit is issued, the applicant shall furnish the City Clerk with a certificate of insurance showing liability coverage in not less than $100,000/$300,000 for personal injury and $100,000 in property damage. Such certificate of insurance shall indicate that the person applying for the permit to excavate has purchased contractual liability insurance to comply with the filing indemnifying agreement, namely: to indemnify and hold the city or its agents, employees, and servants absolutely whole and harmless from, on account of, and against all claims, demands, or suits which may be brought by any person or persons arising out of any acts or work done pursuant to the award of such permit to the permittee; notwithstanding that such claim, demand, or suit may be of the negligence of someone other than the permittee or his or her subcontractor.
(Prior Code, Chapter 14, Article 2, § 10)
(Ord. 10 (Series 1978-1979), passed - -; Ord. 5 (Series 1993-1994), passed 10-18-1993) Penalty, see § 151.99