HomeMy WebLinkAboutORDINANCE 0195-1971CITY OF KENAI - ORDI!~AItCE 195-71
REVISING KENAI CODE, 1963, AS AMENDLD, TO REQUIRE CERTAIf~ STANDARDS
OF PERSONS EXCAVATING IN PUBLIC RIGHTS-DF-WAY OR ArlY PUBLIC UTILITY
REQUIRING ANY WORK DONE TO BE ACCOMPLISHED ONLY' A'FTER
HAS BEEN ISSUED BY THE CITY OF KENAI, REQUIRING SUCit PERMIT
AS IS ISSUED BY THE CITY OF KENAI TO BE COORDINATED WITH ALL UTILITIES
OCCUPYING THE RIGHT-OF-WAY IN QUESTION REPEALING PRIOR REGULATORY
SECTION 18-18 OF KENAI CODE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. Kenat Code, 1963, as amended, Section 18-18, is hereby
repealed and re-enacted to read as follows:
Permit Requtredi_~ondi. Insurance
Section 18-18. No person, or legal entity, conducting any
excavating activities shall perform any work in, or under, public
lands or public rights-of-way or in any public utility easements,
within the City without first having been granted a permit for
such work. The holder of such a permit may be designated a "permitter'.
Such permit may be granted only upon the following actions having first
been accomplished:
ia) Posting a bond in the sum of $5,000 to indemnify the
City against any loss, damage, er other costs to real or personal pro-
perty of the City accastoned by the acts of the person or other legal
entity accomplishing the construction. In lieu of a corporate bond,
a deposit of $5,000 in a certified check or cashier's check, as a
security deposit, shall be deposited with the City of Kenat.
(b) Certificates of insurance {with stipulation that the City
as certificate holder, will be given 15 days' notice of intent to
cancel) evidencing:
(11 Not less than $100,000 of bodily injury liability coverage
per indtvtdael and $300,000 per accident, nor less than $25,000 of pro-
perty damage liability coverage. The applicable certificate of in-
surance shall clearly indicate that the property damage liability cov-
erage includes hazards from explosion, collapse, and damage to under-
ground wires, conduits, pipes, fittings, mains, sewers or other similar
document of indemnity required pursuant to the provisions of sub-
paragraph (c) of this Section 18-18 has been incorporated into and made
part of the applicable insurance policy.
(2) ~orkmen's Compensation insurance in accordance with
the Jaws of Alaska.
(c) An executed document of tndemntty saving the City harmless
agatnst any loss or damages due to the negligence of the permitter
while the excavation or ptpelaytng work ts being performed.
(d) The person, or legal enttty, holding a permit to conduct
any acttvJty shall a11o~ 2 days nottce to all utilities tn the
publlc rights-of°way or public easements prlor to commencing any
excavatton or other actlvtty, If any uttltty fa~l~_to respond to
such notice wtthtn g days, a penalty of $100.OO~6~1~rabe levied
against such uttltty as partial retmbursement Cbt the delay oc-
ca~1oned b~ the fallure of satd utlltty to respond to the nottce of
constructlon by the permtttee granted construction permlt. Such
penalty shall 1nure to beneftt of the permtttee so affected.
(e) ~o excavatJon or constructlon tn/or on public lands,
or publtc rlghts-o¢-way or publtc easements may commence until all
exJstlng utJltty llnes or plpes have been staked or otheewtse clearly
marked for the permtttee accomplJshtng the construction contemplated.
FZRST READIN$: 3
s£co o eERozae:
day of March, 1971
day of /~'~, 1971
day of~' ~ ~ 1971.
~IOHN F, STE~NBECK, MAYOR
ATT£ ST:
Actlng Clty cler,~