CC PACKET 09251990 - Laserfiche WebLink

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• the Manager deems necessary or advisable to protect the public from injury, to prevent damage to public or private property, and to minimize interference with the public use of the streets . 1310 . 04 Emergency Action. A permit is not required prior to excavation in the event of any emergency in which a main, conduit, or utility facility in or under any street breaks, bursts, or otherwise is in such condition as to immediately endanger the property, life, health and safety of individuals . However, the persons owning or controlling such facility shall thereafter apply for an excavation permit, and shall not proceed with permanent repairs without first obtaining an excavation permit . 1310 . 05 Non-Completion or Abandonment . Work shall progress in an expeditious manner until completion. If work is not performed in accordance with the permit or this Section, or stops or is abandoned without due cause, the City may correct the work or fill the excavations and repair the street. The City may not take this action until after six hours notice in writing to the holder of the permit of intent to do so. The entire cost to the City of such work will be a liability of and will be paid by the person to whom the permit was issued or the permittee' s surety. 1310 . 06 Indemnification. The permittee will indemnify, keep and hold the City, the Council and City employees free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee' s negligence in making any street excavation. In the event that a claim is made against the City, the permittee, upon notice to it by the City, will defend the City at .the cost of the permittee. If a final judgment is obtained against the City, either independently or jointly with the permittee, the permittee will pay the entire judgment -with all costs and hold the City harmless of any costs or damages incurred. 1310 . 07 Exemption from Fee Payment and Insurance Provisions . The provisions of this Section requiring payment of a permit fee and evidence of public liability and property damage insurance do not apply to any excavation work carried on by the City or its employees, and utilities operating gas, electric or telephone facilities within the City. 1310 . 08 Refusal of Permits . If any person refuses or, neglects to comply with the provisions of this Section or of any permit, - _ ---. the Clex-krmay refuse to -issue fur-t-her=permits to such--person: 13-4