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The person, firm, corporation or political subdivision desiring to exercise any license or privilege for which a permit is required by this chapter shall make application in writing to the City Manager or his duly authorized representative, setting forth the privilege desired, which application shall be accompanied by a plat or drawing when required, showing the location in the street or other public place where the privilege is desired, with reference to street and lot lines, and the dimensions of the portion of the public way to be used; provided however, that no privilege shall be granted for the construction or maintenance of a driveway over or through any gutter, curb or sidewalk which shall be more than thirty-five feet in width at the back edge of the sidewalk, nor shall any driveway opening be made in the radial portion of any curb at a street intersection, nor shall a permit be granted for any driveway to be constructed over or through a sidewalk in such a manner that the surface of the sidewalk will be slanted or inclined at the point of the driveway, except when a variance is authorized by the City Manager, or his duly authorized representative, by notation of same on the permit.
No permit shall be granted for the exercise of any privilege which will constitute an unreasonable interference with the public use of any street, sidewalk, alley, lane or other public place or a menace to safety.
Any such application for a permit shall be in the name of and be signed by the person, firm, corporation or political subdivision for whom the privilege is desired, and if the applicant is not the owner of the abutting property then such owner must join in the application and sign same; provided however, permits for gas and other utility services shall be issued only to the persons, firms or corporations duly authorized by license or franchise to make such installations, and the owner of the abutting property shall not be required to join in the application for the same. (1959 Code Sec. 901.03)
Any person, firm, corporation or political subdivision granted such a permit shall be subject to the following obligations to the City in the exercise of the privilege hereby granted.
(a) To maintain at least one lane of traffic at all times;
(b) To make any excavation in such manner as to inconvenience the public as little as possible;
(c) To backfill immediately the excavated area and resurface same of such materials and in the manner specified by the City Manager or his duly authorized representative. (1959 Code Sec. 901.04)
(d) To deposit with the City a cash bond to secure the faithful performance of the obligations contained in this chapter. In lieu of the cash bond, the applicant may post a surety bond signed by a commercial surety company which is approved by the City. Such cash or surety bond shall be in accordance with the most current schedule of fees adopted by the City Council and shall be adjusted periodically to reflect any increases or decreases in such fees.
Upon the failure of any permittee to comply with the provisions of this chapter in the time agreed upon in the application of such permittee, such cash bond shall be deemed forfeited to the City. In the case of a surety bond, when there is such a failure by the permittee, the surety shall become liable. In no event shall the cash bond be returned, or the parties released from the surety bond until six months after the street, sidewalk or other public way has been restored as provided for in this chapter. This six month period is to serve as a test period to determine whether or not the permittee’s restoration is going to withstand day-to-day usage. Any person, firm, corporation or political subdivision granted a permit may, in lieu of depositing a separate cash or surety bond, breach permit as provided in this section, deposit an annual cash or surety bond with the City in an amount agreed upon between the permittee and the City Manager or the City Manager’s designated representative, to secure the faithful performance of the obligations contained in this chapter for all evacuations, improvements and driveways to be done by such person, firm, corporation or political subdivision during the year for which such cash or surety bond is deposited.
(Ord. 9-2010. Passed 4-19-10.)
(Ord. 9-2010. Passed 4-19-10.)
(e) To guard, provide warning signals and barriers and to otherwise do any and all things necessary to prevent injury to persons and property by reason of any excavation or other activity undertaken pursuant to such permit, and to furnish a telephone number or numbers where they can be reached at all times;
(f) To indemnify and hold harmless the City from and against any claims, demand, lawsuit or judgment made by any person whatsoever, arising out of any exercise of privilege granted by such permit and based on either property damage or personal injury, or both, and to reimburse the City for any expense incurred by it by reason of any such claim, demand, lawsuit or judgment, and to assume responsibility for and to defend any lawsuit which may arise therefrom;
(g) To procure and furnish satisfactory evidence that he or it has procured and is keeping in full force and effect a policy of liability insurance, providing himself or itself and the City with indemnification against any such claims, demands, lawsuit or judgment arising out of the exercise of the privilege granted. Such policy of liability insurance is to guarantee at least twenty thousand/forty thousand dollars ($20,000/$40,000) for personal injuries and five thousand dollars ($5,000) for property damage. Such requirements of this paragraph may be dispensed with when in the opinion of the City Manager, or his duly authorized representative, the nature of the undertaking does not require same. (1959 Code Sec. 901.04 (e) through (g))
Any permit granted by the City Manager or his duly authorized representative pursuant to this chapter may be revoked and terminated by him at any time when in his opinion the terms of this chapter are being violated, or when the continued exercise of the privilege constitutes a menace to the public safety or is an unreasonable use of the public streets or ways. (1959 Code Sec. 901.05)
In cases of emergency requiring immediate action to make repairs to gas, water or other lines or pipes, where time does not permit the making of application and the securing of a permit from the City Manager or his duly authorized representative as herein otherwise required, the person, firm, corporation or political subdivision required to perform such repairs may proceed without permit to do so after first having notified the City Engineer of such fact. In such case, the person, firm, corporation or political subdivision shall make application and secure a permit for such undertakings at the earliest possible time and shall in all other respects comply with the provisions of this chapter.
(1959 Code Sec. 901.06)
The City Manager or his duly authorized representative may make and adopt such rules and regulations governing the exercise of privileges pursuant to permits issued hereunder as he may deem necessary and proper for the administration of this chapter.
(1959 Code Sec. 901.07)