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HomeMy WebLinkAbout79-2-168356 ORDINANCE NO. 79-2-1683 AN ORDINANCE AMENDING SECTIONS 28-29, LIABILITY INSURANCE, AND 28-30, AGREEMENT IN LIEU OF LIABILITY INSURANCE, OF ARTICLE II, STREET CUTS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH , KENTUCKY BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 28-29, Liability Insurance of Article II, Street Cuts of the Code of Ordinances of the City of Paducah, Kentucky be amended and reordained so that said section as amended and reordained shall hereafter read as follows: "Sec. 28-29. Liability Insurance. Any person obtaining a permit to open or excavate in any street, side- walk, grassplot , alley or other public way, shall obtain and file with the Board of Commissioners, and continue to keep in force until such excavation and re- construction work has been completed, a liability insurance policy conditioned for the benefit of persons suffering injury, loss or damage to their person or property resulting from any negligence in connection with such excavation and reconstruction work, or as a result of the negligence of such person or of the city, their agents, servants or employees, and which policy shall also protect the city against any liability which may be imposed by law upon it by reason of such excavation and reconstruction work. Such liability policy shall be in a sum of not less than one hundred thousand dollars ($100,000.00) for the injury or death of any person, and not less than three hundred thousand dollars ($300,000.00) for the death or injury of all persons affected by any one accident, and not less than one hundred thousand dollars ($100,000.00) for the benefit of persons who may suffer property damage in any one accident resulting from the negligent excavation and recon- struction work. Such policy shall, as to the form thereof and the solvency of the insurance company-, be subject to the approval of the City Treasurer". SECTION 2. That Section 28-30, Agreement in lieu of Liability Insurance, of Article II, Street Cuts: of the Code of., Ordinances of the- City of Paducah, Kentucky be amended and reordained so that said section as, amended and. reordained shall hereafter read as. follows: "Sec. 28-30. Agreement In Lieu of Liability Insurance. Any person doing his own excavation and reconstruction work pursuant to this article and having property within the county assessed for taxes at a sum in excess of Two Hundred Thousand Dollars ($200,000.00) may, at his option, in lieu of obtaining liability insurance pursuant to Section 28-29 covering accidental injuries and damages arising out of his own excavation and reconstruction work, 57 enter into an agreement with the Board of Commissioners of the City, satisfactory in form to such Board, agreeing to indemnify and save harmless the City from any loss, damage, or expense to the person or property of anyone, including the City, its agents, servants or employees occasioned by or growing out of any excavation or reconstruction work performed by and as a result of the negligence of such person, under the terms of this article; to defend any and all actions instituted against the city on account of accidental injuries to persons or damage to their property arising out of such excavation and reconstruction work,• and to pay all court costs, attorney fees and other litigation expense which the City may be re- quired to incur in such suit or suits. Whenever -the city undertakes the performance of the replacement or reconstruction work for I any person who has entered into such an agreement, the City shall obtain and keep in force, until such reconstruc- tion work has been completed', a liability policy in the amount specified in section 28-29, indemnifying it against any loss or liability arising from or which may be im- posed by law upon it by reason of the excavation and reconstruction work, and the premium for such policy shall be deemed to be a part of the costs of the -work and paid to the City by such person". SECTION 3. This ordinance shall be introduced and remain on file for one week for public inspection in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect ten (10) days thereafter. Mayor Introduced by the Board of Commissioners January 23, 1979 Passed by the Board of Commissioners February 13,- 1979 _Recorded by Louise McKinney, City Clerk, February 13, 1979.