(A) The applicant will be responsible for determining the location of and protecting all buried facilities, and will be responsible for the cost of repair or replacement of any such facilities damaged as a result of the work covered herein.
(B) The permittee shall not interfere with any existing facility without the written consent of the Public Works Director and the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner. The facility owned by the city shall be moved to accommodate the permittee if such work is borne by the permittee. The cost of moving privately-owned facilities shall be similarly borne by the permittee unless other arrangements are made with the person owning the facility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and the permittee shall do everything necessary to support, sustain and protect them under, over, along or across said work. The permittee shall secure approval of method of support and protection from the owner of the facility.
(C) No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the city department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose, pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of this section that the permittee shall assume all liability for damage to facilities, and any resulting damage or injury to anyone because of such facility damage, and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The city shall not be made a party to any action because of this section. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage. No installation may be made nearer than 24 inches to a natural gas main, service, valve or other component.
(1993 Code, § 33-4-14) (Ord. 529, passed 5-6-1974; Am. Ord. 582, passed 3-21-1977; Am. Ord. 762, passed 4-4-1988; Am. Ord. 1088, passed 2-16-1999)