(A) Construction Permits. Construction Permit fees shall be established by resolution of the City Commission. The payment requirements of such fees shall be as follows:
(1) Nonpayment of permit fees. No Construction Permit shall be issued without the prior payment of all requisite fees unless:
(a) Approved by the City Engineer and Director of Financial Services;
(b) In the event of an emergency; or
(c) Unless the registrant holds a franchise with the city which exempts it from such payments.
(2) Probationary fees. All Construction Permit fees shall be doubled during a probationary period.
(3) Non-refundable fees. Permit fees that were paid for a permit that the City Engineer has revoked for a breach or violation of this chapter are not refundable.
(B) Construction Bond. Prior to commencement of construction, a registrant shall deposit a Construction Bond in form acceptable to the Director of Financial Services. The Construction Bond shall be in an amount equal to 110% of the anticipated construction costs or such other amount approved by the Director of Financial Services, or shall provide proof of self-insuring status that demonstrates adequate financial resources to defend and cover any and all claims.
(C) Indemnification and liability.
(1) By reason of the acceptance of a registration request or the granting of a Construction Permit, the city does not assume any liability for:
(a) Injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city;
(b) For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment or facilities by a registrant or its agents, or activities of the registrant.
(2) By registering with the Department, a registrant agrees to defend, indemnify and hold harmless the city, its officers, employees and agents, from and against any and all costs, liabilities, losses, expenses and claims for damages of any kind, including but not limited to loss of life or personal injury and damage to property, arising out of and in connection with the construction, presence, installation, maintenance, repair or operation by the registrant or its agents, of its conduit, facilities and use of the city's rights-of-way, whether any act or omission complained of is authorized, allowed or prohibited by the city or due to the issuance of a permit. The city's right to indemnification shall not be affected by the issuance of permits and inspection of plans or work by the city. Nothing in this subsection shall affect the city's rights, privileges and immunities under the doctrine of sovereign immunity and as set forth in F.S. § 768.28.
(D) Construction schedule. A registrant shall submit 30 days prior to any construction activities authorized by an approved Construction Permit, a construction schedule to the City Engineer and Director of Design and Construction Management. This schedule will include proposed starting and completion dates. Registrant shall submit three business days prior to the actual construction commencement date written notification confirming the actual construction date for the project.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2002-10, passed 2-6- 02; Am. Ord. O-2020-14, passed 10-7-20)