(a) As a prerequisite to the issuance by the Director of Public Service of any permit required under this chapter, an applicant utility company shall agree in writing, as part of the permit process and as a condition of the issuance of the permit, as follows:
(1) To be responsible for any and all liabilities, injuries, damages or claims in any manner connected with the installation, construction, maintenance or removal of the utility installation;
(2) To not infringe or interfere with the rights or claimed rights of any other person to make a utility connection; and
(3) To defend and hold harmless the City and its officers and employees from any liability or claimed liability with regard to paragraphs (a)(1) and (2) hereof.
A summary of the provisions of this subsection shall be included on each job permit form and countersigned by an authorized representative of the utility to indicate the utility's acceptance of these restrictions.
(b) As a further prerequisite to the issuance by the Director of Public Service of any permit required under this chapter, an applicant utility company shall post with the City a bond to the satisfaction of the Director, guaranteeing the City and its officers and employees against any and all of the forms of liability described in paragraph (a)(2) hereof. Such bond shall be in a minimum amount equal to or greater than twenty-five percent of the cost of the completed installation, but in no event less than one thousand dollars ($1,000), and shall run for a period of twenty-one years after completion of the installation.
(c) The Director of Public Service shall not require a utility to furnish any bond described in subsection (b) hereof so long as there is in full force and effect an indemnification agreement with the utility, approved by Council, by which the utility has agreed to defend and hold harmless the City and its officers and employees from any claim described in paragraphs (a) (1) and (2) hereof for a period of twenty-one years after completion of each installation which the utility makes within the City.
(Ord. 207-79. Passed 11-19-79; Ord. 248-79. Passed 1-21-80.)