HomeMy WebLinkAboutOrdinances Book 10, Page 1502, No Ordinance Number1502 r.
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AN ORDINANCE TO A?:.END AN ORDINANCE ENTITLED: "AN ORDINANCE
REGULATING THE DIGGING, OPENING OR E.{CAVATIKG IA ANY STREET, SIDE-
WALK, GRASS PLOT, ALLEY OR OTHER PULLI i VIAY OG THE CITE Oi' P.0UCAH,
KENTUCKY, AND FIRING 11 -IE PL:NALTY FOR ANY VIOLATION THEREOF"
BE IT ORDAINED Bf THE -BOARD 0? COi.:I!I.:3IONEP,3 OF THE. CITY OF
PADUCAH, KENTUCKY:
SECTION 1.
That Section 5 of an ordinance entitled: "A! ORDINANCE REGU
LATIi,G THE DIGGING, OPENING; OR EXCAVATING IN AI`IY 3TREET, SIDE"VALK,
GRASS PLOT, ALLEY OR OTI::s PUBLIC ;JAY OF THS CITY OF PADUCAH,
KENTUCKY, AND FIXIATO T1IE PEIIALTY FOF ANY VIOLATION TH`;'REOF", which
was adopted by the Board of Commissioners on September 24, 1946, be
and the same is hereby amended so as to read as follows:
"Section 5. Any person, firm, company or corporation obtain
permits to open or excavate in any street, sidewalk. grass plot,
alley or other public way, or when any street, sidewalk, grass plot
alley or other public .-:ay is excavated and replaced by the City,
such person, firm, company or association shall obtain and file wit
the Board of Commi:sioners of the City of Paducah and continue to
keep in force until said excavation and reconstruction cork has
been completed a liability policy or policies conditioned for the
benefit of persons suffering injury, loss or damage to their person
or property resulting from any negligence in connection with said
excavation and reconstruction .:ork, or as a result 'of the negliGene
of such person, f:rm, 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 mw
be imposed by lair.• upon it b,; reason of said excavation and recon-
struction work, Said liability policy or policies shall be in a su
of not less than Ten Thousand (57,10,000.00) Dollars for the injury
or death of any person, and not less than Twenty Thousand
(•,20,000.00) Dollars for the death or injury of all persons affecte
by any one accident, and not less than One Thousand (~,1,000.00)
Dollars for the benefit of persons who may suffer property damage
in any one accident resulting zrom the neSligent excavation and
reconstruction work. Said policy or policies of insurance shall,
as to 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 its own excavation and reconstruction work
and having property within the City of Paducah, Kentucky, as-
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sessed for taxes at a sum in excess of One Hundred Thousand
1 (?100,000.00) Dollars may at its option, in lieu of octainin,
such liability insurance covering accidental injuries and dam -
AM
ages arising out of' its own excavation and reconstruction work,
enter into an agreement with the board of Commissioners of the
City of Paducah, Kentucky, satisfactory in form to said board,
agreeinZ to indemnify and save harmless said City of laducah
from any loss, damage, or expense to the person or property
of anyone, including the City of laducah, its agents, servants
or employees, occasioned by or growing out of any exvacation or
reconstruction work performed by and as a result of the negligence
of said person, firm, company or corporation under the terms of
this ordinance; to defend any and all actions instituted arainst
the City on account of accidental injuries to persons or damage
to their property arising out of said excavation and reconstructio
work, and to pa.1 all court costs, attorney fees and other litigati n
expense which the City may be required to incur in such s:it or suits;
and provided further, that whenever the City undertakes the performance of
the replacement or reconstruction work for any person, firm, compa y
or association having property of the total assessed value in excess
Of '100,000.00, the City of Paducah shall obtain and keep in force,
until said reconstruction v:ork has been completed, such liability
Policy or policies, in the amount or amounts aforesaid, indemnifyi g
it against any loss or liability arising from or which may be
imposed by law upon it bj reason of said excavation and reconstruc ion
work, and the premiums for such policies shall be d:emed to be a p rt
Of the costs of the wort: and paid to the City by sl.:ch person, firm,
company or corporation accordingly."
SEC TION; 2.
All ordinances or parts of ordinances in conflict herewit
t.
are, to the extent of such conflict, hereby repealed.
SEC TION 3.
This ordinance shall ce in full force and effect from and
after its adoption.
Adopted by the Poard of Commissioners on October 22, 1946
Recorded by Rudy dtewart, City Clerk, on October 22, 1946