§ 38-153. Bond or insurance prerequisite to grant of construction permit.  


Latest version.
  • (a)

    No permit shall be granted for the construction of any vault until a bond, with good and sufficient surety approved by the city manager, in the sum of one hundred thousand dollars ($100,000.00) for injury to one (1) person and two hundred thousand dollars ($200,000.00) maximum for injuries arising out of one (1) accident, the form of which bond shall be approved by the city attorney, and the surety on which shall be a surety company authorized to do business in the state, has been filed with the city clerk, or until an insurance indemnity policy in like amounts, the form of which shall be approved by the city attorney, has been filed with the city clerk.

    (b)

    The bond or insurance policy filed pursuant to this section shall be with condition to indemnify the city against any and all loss, damage, injury, cost or expense that may be incurred by the city by reason of any defect in the vault to be constructed or the covering thereof or the sidewalk over or adjacent thereto, or of the construction, maintenance or use of such vault or any appurtenance or appliance thereof, or any fixture or machinery therein, or in closing such vault or removing any fixture or machinery therefrom, or in doing anything in or about such vault which should have been done by the owner or proprietor thereof, or by the applicant for the permit therefor. Such bond or policy shall be further conditioned that if any person shall be aggrieved by the fault, negligence, omissions or commissions of the owner, proprietor or occupant of the land adjoining such vault, with reference to the use, maintenance or operation thereof, and shall recover judgment against the owner, proprietor or occupant of such land, such person may, after the return unsatisfied, either in whole or in part, of any execution or fieri facias upon any judgment so recovered, maintain an action in such aggrieved person's own name, or in the name of the city for such person's use, upon the bond or insurance policy, in any court having jurisdiction for the amount then remaining due and unsatisfied upon such judgment, execution or fieri facias.

    (c)

    No bond or insurance policy shall be accepted under this section which is so drawn that the liability thereon is limited to such claim, loss, damage, cost or expense as may arise or be incurred during any specific period of time.

    (Ord. No. 268, § 9; Code 1961, § 36-72)

(Ord. No. 268, § 9; Code 1961, § 36-72)