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HomeMy WebLinkAboutOrdinances Book 12, Page 258, No Ordinance Number27 AN ORDINANCE AMENDING SECTION 3 OF AN ORDINANCE ENTITLED: "AN ORDINANCE REGULATING THE DIGGING, OPENING OR EXCAVATING IN ANY STREET, SIDEIUALK, GRASS PLOT, ALLEY OR OTHER PUELIC :7AY OF THE CITY OF PADUCAH, KENTUCKY, AND FIXING THE PENALTY FOR ANY VIOLATION THEREOF", 17HICH '. AS ADOPTED BY THE BOARD OF COiilvISSI0PIERS ON SEPTEMBER 24, 1946 BE IT ORDAINED BY TILE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 3 of an ordinance containing the title quoted above, which ordinance eras adopted by the Board of Commissioners on September 24, 1946, be and the same is hereby repealed, amended and reordained so that said section as amended and reordained shall read as follows: "Section 3. (a) 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 cover the cost of replacing, back -filling or reconstructing the openings so made. But the applicant may, at its option, execut 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 reconstructing 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, shal } 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, side- walks, 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. (b) Provided, however, that any person, firm, company or corporation doing its own excavation and reconstruction work and having property within the City of Paducah assessed f m taxes in a sum in excess of :AOO,000 may, at its option, in lieu of depositing in cash a sufficient amount to cover the cost of replacing, back -filling or reconstructing the streets on which excavations are made, or execu- ting and delivering to the City of Paducah the performance bond referred to herein enter into an agreement with the City of Paducah, Kentucky, agreeing to perform all labor and furnish all materials necessary for replacing, back -filling or recon- structing the openings made by it in streets, sidewalks, grass plots, alleys or other public ways and for restoring the same to their former condition and in a manner to be approved by the Street Superintendent. In the event said company shall fail to do such reconstruction work or to restore the streets In such manner qs shall be approved by the Street Superintendent, said Company binds itself and agrees to pay to the City of Paducah on demand whatever expense the city shall be t 259 required to incur to restoro such streets, sidewalks, grass plots, alleys or other public ways to their former condition and in such manner as will be satisfactory to the street superintendent, the amount of such expense to be determined by the City Engineer. (c) Said agreement shall remain and continue in full force and effect until terminated, either by the repeal or amendment of Jection 3 of this ordinance by the Board of Commissioners of the City of Paducah, or upon written notice given by such person, firm,. company or corporation to the City of Paducah ninety (90) days prior to the election of such person, firm, company or corporation to terminate said agreement and to comply with such other ordinances or provisions of ordinances then in effect relating to the digging, opening or excavating in streets, sidewalks, grass plots, alleys and other public ways." � SECTION 2. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners January 30, 1951 Recorded by Sarah Thurman, City Clerk, January 30, 1951.