(A) In the event a mining permit is approved for issuance by the city under the terms of this chapter, no operations shall be commenced until the permittee shall file with the City Secretary and maintain in current status sufficient security in the form of a bond or certificate of deposit approved for form by the city attorney, or cash in lieu of the full amount of the bond, in such principal sum of not less than $25,000.
(1) Such surety bond shall be executed by a reliable insurance company authorized to do business in the state as surety, and with the permittee as principle, running to the city for the benefit of the city and all persons concerned.
(2) Any certificate of deposit filed as permitted herein in lieu of the surety portion of the bond shall be free of any prior claim or obligation and shall not be pledged as security for any other purposes save and except as specified herein.
(3) Any such bond or other security pledged as required herein shall be effective on or before the date it is filed with the City Secretary and remain in force and effect for a period of at least six months subsequent to the expiration of the term of the permit issued herein.
(B) Any security filed as required under the provisions of this section shall be conditioned, on penalty of forfeiture or partial forfeiture to the city without written notice, on the following:
(1) The permittee shall comply with all of the terms and conditions of this chapter;
(2) The permittee shall promptly pay all fines, penalties or other assessments imposed upon permittee by reason of permittee’s breach of any of the terms, provisions and conditions of this chapter;
(3) The permittee shall remedy any and all damage to streets, curbs, gutters, water lines, fire hydrants and other property of the city, occasioned in any manner by permittee in connection with the drilling, operation or abandonment of said well;
(4) The permittee shall promptly fulfill all obligations under this chapter, and shall conduct all operations in full conformance with the requirements herein, including, but not limited to, abatement of dust and dirt, removal of mud from public streets and thoroughfares, watering of non-paved access roads and other similar terms and provisions;
(5) The permittee shall promptly clear all premises of all litter, trash, waste and other substances used, allowed or occurring in the excavation operations, and shall, after abandonment, grade, level and restore said property in conformance with the city’s drainage control ordinance; and
(6) The permittee shall in all things fulfill the requirements of the site plan, and if required, any reclamation or restoration of the site stated as a condition of the issuance of the permit.
(C) Each permittee, prior to the issuance of the permit, shall file with the City Secretary a certificate or certificates of insurance showing that the permittee has in full force and effect a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city as co-insured, and issued by an insurance company authorized to do business within the state. Such policy or policies, in the aggregate shall provide for the following minimum coverage:
(1) For bodily injury or death: $500,000 as to any one person and $1,000,000 as to any one accident; and
(2) For public liability for damage to property of others: $500,000.
(Ord. 2006-1019(2), passed 10-19-2006)