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HomeMy WebLinkAboutOrdinances Book 10, Page 1481, No Ordinance Number1481 (�et'z2- 1l�9+eC A. EI rD AN ORDINANCE REGULATING THE DIGGING, OPENING OR EXCAVATING IN ANY STREET, SIDEWALK, GRASS PLOT, ALLEY OR lr OTHER YUELIC WAY OF THE CITY Or PADUCAH, KENTUrKY, AND /BK-i/d io6 FIXING THE PENALTY FOR ANY VIOLATION THEREOF BE IT ORDAINED BY THE BOARD OF CON,10ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: /et - I `z S SECTION 1. q.�yrs�✓L. That from and after the adoption of this ordinance, 5 it shall bs the duty of all persons, firms, companies or corporations desiring or contemplating the opening, breaking or excavating of any street, grass plot, sidewalk, alley or other public way of the City of Paducah, Kentucky, for any purpose whatsoever, to file a written application with the City Engineer, stating in general terms the character of such opening, breaking or excavation so contemplated, and giving the width, length and depth, together with the location thereof, and the time that will be required to complete same, and the purpose of which same shall be made. SEC TION 2. Before the City Engineer shall issue to any person, firm, company or corporation a permit to open or excavate in any street, sidewalk. grass plot, or other public way of the City of Paducah, Kentucky, they shall agree, in writing pith the City of laducah that they shall replace, back -fill or reconstruct such opening so made and shall pay the entire expense therefor, the amount to be determined b; the City Engineer and shown on the permit, and that the City of Paducah shall have the right to determine and specify the kind of material to be used and the kind of work to be done for the purpose of replacing, back -filling or reconstruction of said opening or excavation. Provided, however the City of Paducah may, at its option, elect to replace, back- fill or reconstri.zct all or any part of such opening so made, in which event the said replacing, back -filling or reconstruction work shall be done entirely at the expense of the person, firm, company or corporation so securing said permit for said opening or excavation. SECTION 3. Before permits shall be issued to any person, firm, company or corporation to make openings or excavations, there ���%%`shall be delivered to the City Treasurer a cash deposit to' Yk 12, cover the cost of replacing, back -filling or reconstructing the )-5-9 `/ ' 1482 openings so made. But the applicant may, at its option, execute and deliver to the City of Paducah a bond with corporate surety to be approved by the City Treasurer and filed with the Board of Commissioners, said bond to be in an amount fixed by the City Engineer to cover the cost of replacing, back -filling or re- constructing the openings made in streets, sidewalks, grass plots, alleys or other public ways and restore the same to their former condition or in a manner to be approved by the street superintendent, and under said bond the person, firm, company or corporation securing said permits, together with its surety, shall bind themselves that they will, after they have notified the street superintendent that said reconstruction work has been completed, pay to the City of Paducah on demand such amount in damages as will be necessary to restore said streets, sidewalks, grass plots, or other public ways either to their former condition or in a manner satisfactory to the street superintendent, the amount of such damage to be determined by the City Engineer. SECTION 4. In the event the City of Faducah shall, at its option, elect to do all or any part of the work of replacing, back -filling or reconstruction of the street, sidewalk, grass plot, alley or other public way so opened, there shall be executed and delivered to the City of laducah a bond, with corporate surety approved by the City Treasurer and filed with the Board of Commissioners, said bond to be in an amount fixed by the street superintendent to cover the cost of re- placing, back -filling or reconstructing the opening made in such street, sidewalk, grass plot, alley or other public way in a manner satisfactory to the street superintendent, and under said bond they shall to liable and responsible to the City of Paducah for the entire cost thereof and when notified by the City that said reconstruction work has been completed, they shall pay to the City of Paducah the amount demanded to restore said street, sidewalk, grass plot or alley to its former condition, or in a manner satisfactory to the street superintendent, the amount thereof to be determined by the street superintendent. SECTION 5. Any person, firm, company or corporation obtaining „ 5� permits to open or excavate in any street, sidewalk, grass52� .2.2_/91/6 plot, alley or other public way, or when any street, sidewalk, grass plot, alley or other public way is excavated and replaced /Sa z 1483 by the City, such person, firm, company or corporation shall obtain and file with the Board of Commissioners of the City of Paducah and continue to keep in force until said edcavation and reconstruction work has been completed a liability policy or policies conditioned for the benefit of persons suffering injury, loss or damage to their persons or property resulting from any negligence, excavation and reconstruction work, or as a result of the negligence of such person, firm, company or corporation, or of the City of Paducah, their agents, servants, or employees, and which policy or policies shall also protect the City against any liability which may be imposed by law upon it by reason of said excavation and reconstruction work. Said liability policy or policies shall be in a sum of not less than Ten Thousand ('.10,000.00) "ollars for the injury or death of any one person, and not less than Twenty Thousand Dollars for the death or injury of all persons affected by any one accident, and not less than One Thousand (,-'1,000.00) for the benefit of persons who may suffer property damage in any one accident resulting from the negligent excavation and re- construction work. Said policy or policies of insurance shall, as to the form thereof and the solvency of the insurance companies, be subject`to the approval of the City Treasurer. Provided, however, that any person, firm, company or corporation doing any work herein provided for and haying property within the City of Paducah, Kentucky, assessed for taxes at a sum in excess of One Hundred Thousand (�;p100,000.00) "ollars, may at its option, in lieu of obtaining such liability insurance, enter into an agreement with the Board of Commissioners of the City of Paducah, Kentucky, satisfactory in form to said Board, agreeing to indemnify and save harmless said City of Faducah from any loss, damage or expense provided for in this section; 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 said edcavation and reconstruction work, and to pay all court costs, attorney fees and other litigation expense which the city may be required to incur in such suit or suits; and provided further,rhat whenwver the City undertakes the performance of the replacement or reconstruction work herein provided for, it shall obtain and keep in force, until said 0 reconstruction work has been completed, sudh liability policy or policies, in the amount or amounts aforesaid, indemnifying it against any loss or liability arising from or which may 1484 be imposed by law upon it by reason of said excavation and reconstruction work, and the premiums for such policies shall be deemed to be a part of the costs of the work and paid to the City by such person, firm, company or corporation accordingly. SECTION 6. _ Any person violating or failing to comply with Y! any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than •;.5.00, and not more than ;50.00✓&�`� " or by imprisonment in the city jail for a period of not exceeding thirty (30) days, or by both such fine and imprisonment. SECTION 7 The provisions of this ordinance are severable and should any section or part of any section be declared by the Court to be invalid, the remaining provisions shall con- tinue in full force and effect, it being the legislative intent of the city that this ordinance would have been adopted had such unconstitutional or void provision not been included therein. SECTION 8. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SEC TI ON 9. This ordinance shall be in full force and effect from and after its adoption. Passed by the Board of Commissioners, September 24, 1946 i Recorded by Rudy Stewart, City Clerk, September 24, 1946.