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(A) Any person who desires to make any excavation or opening for any purpose whatever in any street, alley, sidewalk, or other public place, or underneath the surface of the street, alley, or public place in the city, shall make and file with the Clerk-Treasurer a written and sworn application for a permit on a form prescribed by the Town Council, setting out the location, purpose, length, and width of the proposed excavation, type of back fill, resurfacing and thickness of resurfacing material and base, and other relevant information. Such person shall fully comply with such proposed excavation and resurfacing described in the application, subject to changes or requirements set forth in the permit. Such application shall contain an agreement that the license holder is responsible for and shall pay for any damage to person or property, including utilities, caused by the work performed under the license, either by the license holder or any contractor or person furnishing labor or materials, and that the license holder shall perform all obligations for which a bond is to be given under § 99.23, including the maintenance of the surface for a two year period. The town may modify the permit after first issuing the permit. The permit shall not be deemed to authorize the permit holder to interfere with or alter any utility, wire or drain.
(B) The application shall be accompanied by a license fee to be fixed by the Town Council from time to time, which may be based upon the time involved of town personnel in reviewing the application and the work by the license holder and other factors.
(Ord. 1993-2, passed 3-10-93) Penalty, see § 99.99
(A) Before any license is issued, the applicant shall execute and file with the Clerk-Treasurer a bond or undertaking in the penal sum of $5,000, or a larger amount if required by the Town Council before or after the excavation, with proper surety to the approval of the Clerk-Treasurer. The bond shall be conditioned that the obligors will indemnify and save the town harmless from any and all liability, and all claims and lawsuits for damages that may result from the excavation or that may arise in any manner, including those that may result or arise from negligence or purported negligence of the employees or officials of the town or from the failure or omission to keep or maintain adequate and proper warning signs, lights, or barriers at the site of the excavation. The bond shall be further conditioned that the applicant will fill the excavation up to the surface and resurface the same in accordance with the permit and requirements set by the town, and the applicant shall be responsible for maintenance and correct any defects in such work discovered within a period of two years after it is completed. Unless otherwise permitted by the town, the resurfacing material shall be of the same type and quality as the surfacing material adjacent to the excavation. The Town Council may also require liability insurance for such work, with a certificate of insurance to be furnished to town.
(B) If any applicant for a license has on file a good and sufficient bond and insurance in the office of the Clerk-Treasurer, this shall cover any one or more excavations for which a license has been issued to the applicant furnishing the bond.
(C) If at any time the Clerk-Treasurer or the Planning Director shall find that any bond or insurance required by this subchapter is insufficient for any reason, it shall notify the principal, who shall furnish a new and proper bond and insurance before continuing the present excavation or commencing any future excavation.
(Ord. 1993-2, passed 3-10-93) Penalty, see § 99.99
If the Clerk-Treasurer or Planning Director determines that such application, bond, insurance and license fee are sufficient, a license shall be issued to the applicant authorizing the holder of the license to perform the work as set forth in the permit under proper safeguards as to warning signals, lights, and barriers in order to prevent accidents, injuries, and damages to persons and property, and other requirements. Additional requirements, restrictions or changes in the work from that set forth in the application may be required by the town: (a) in the permit; or (b) after issuance of the permit. Further, after issuance the applicant shall:
(A) Display such permit at all times at the site of the excavation;
(B) Give notice to the Street Superintendent of town prior to every day that the excavation will be open;
(C) Take and have all responsibility for the work related to permit, including any liability for damage to person or property.
(Ord. 1993-2, passed 3-10-93) Penalty, see § 99.99
Any person making an excavation in or underneath the surface of a street, alley, or other public place in the city shall erect or place and maintain suitable warning barriers, signs, and lights at or near the excavation, in a manner so as to prevent damage to persons and property that might otherwise result from or be caused by the presence of the excavation, and to direct traffic safely around the excavation. Such barricades, signs and inserts shall comply with the laws of the State of Indiana, including the manual on Uniform Traffic Control Devices as amended from time to time.
(Ord. 1993-2, passed 3-10-93) Penalty, see § 99.99
Immediately upon the completion of work and filling and resurfacing of an excavation by a license holder, he or she shall return his or her permit to the Clerk-Treasurer or Planning Director. If in the discretion of the Town Council, the license holder shall not act promptly to fill and/or properly resurface the excavation, or correct deficiencies in the work of the license holder, then the town may, with or without notice, perform such refilling, resurfacing or correcting, and the cost thereof to the town shall immediately be paid to the town by the license holder with attorney fees and interest as provided for judgments under Indiana law.
(Ord. 1993-2, passed 3-10-93)
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