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Rockville, IN Code of Ordinances
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§ 96.079 COST OF RESTORATION OF STREET CUTS TO BE PAID TO THE TOWN.
   (A)   For those contractors and utilities that do not perform their own pavement cut restorations, the cost of restoring pavements shall be paid to the town on completion of the restoration and measurement of the dimensions of the cut by the Street Department.
   (B)   The cost shall be invoiced by the town to the person performing the cut according to the latest Cut Restoration Fee Schedule established by the town.
   (C)   The maximum area of sidewalk or pavement to be restored by town maintenance crews is 75 square feet.
   (D)   Restoration exceeding this limit will be the permittee’s responsibility and will be performed in the presence of the Town Superintendent.
(Ord. 2011-779, passed 11-29-2011)
§ 96.080 CUTS RESTORED BY AUTHORIZED AGENCIES/UTILITIES.
   Any utility will be permitted to repair the cuts made by such utility if it has a permanent pavement repair operation and performs such restorations in accordance with this subchapter.
(Ord. 2011-779, passed 11-29-2011)
§ 96.081 REFUND OF PERMIT FEES.
   If the work for which a permit has been issued is canceled, the town will refund the amount paid, if requested prior to the beginning of any work and no later than the date on which the permit expires. In lieu of a refund, a credit for the amount of the permit may be given to the person, firm or corporation which may be applied against the cost of subsequent permits.
(Ord. 2011-779, passed 11-29-2011)
§ 96.082 WAIVER OF PERMIT FEE.
   The town may waive the permit fee for all work performed by a governmental agency, whether this work is performed by the employees of the governmental agency or by a private firm or corporation under contract with the governmental agency; however, such governmental agency or private firm or corporation under contract therewith shall not be relieved of the responsibility for obtaining a permit for work covered in this subchapter.
(Ord. 2011-779, passed 11-29-2011)
§ 96.083 SUSPENSION OF PERMIT UPON FAILURE TO COMPLY.
   If a person performing construction fails to perform said construction in accordance with the conditions of the permit or the requirements of this subchapter or existing ordinances of the town, the permit may be suspended and work stopped until such time as the person performing the work gives assurance to the town of his or her ability and intention to complete the work in accordance with the conditions of the permit and this subchapter and the other ordinances of the town. Any stop-work notice shall be delivered in writing to the representative of the person, firm or corporation performing the work and shall state the reasons for such notice.
(Ord. 2011-779, passed 11-29-2011)
§ 96.084 PERFORMANCE BOND.
   Before approval is granted, the Street Department shall require the applicant to file with the town a performance bond satisfactory to the town to indemnify the town from any and all costs resulting by the failure of the applicant to satisfactorily complete the work. The bond amount shall be determined by the estimated cost of excavation and street restoration. Utilities operating under a franchise agreement with the town will be exempt from this requirement.
(Ord. 2011-779, passed 11-29-2011)
§ 96.085 INDEMNIFICATION.
   Any person, firm or corporation making a street cut or performing any construction work in the town will file with the town evidence acceptable to the town that the person making the cut and performing any construction work in the streets of the town has sufficient expertise and ability to timely repair the street, and shall execute an indemnification and hold harmless agreement to the town, together with a certificate of insurance, naming the town as an additional insured in an amount not less than $1,000,000 for personal injury and $250,000 for damage to property; provided, however, that self-insured utilities may satisfy this provision by submission of audited financial statements on an annual basis prior to the work subject to the approval of the town and execute and deliver to the town an indemnification and hold harmless agreement indemnifying, protecting and holding harmless the town from the actions of the entity in making a street cut or performing any construction work in the town.
(Ord. 2011-779, passed 11-29-2011)
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