HomeMy WebLinkAboutOrd 190 ORDINANCE NO. 190
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, AMENDING SECTION 14.16.110 OF THE
CATHEDRAL CITY MUNICIPAL CODE TO PROVIDE THAT
A CERTIFICATE OF INSURANCE SHALL BE REQUIRED
FOR ENCROACHMENTS RESULTING IN CONSTRUCTION,
TRENCHING, TUNNELLING, OR OTHERWISE PHYSICALLY
DISTURBING SIDEWALKS OR CERTAIN PORTIONS OF
PUBLIC STREETS AND HIGHWAYS IN THE CITY OF
CATHEDRAL CITY.
The City Council of the City of Cathedral City does ordain as follows:
SECTION 1. Section 14.16.110 of the Cathedral City Municipal Code is
amended to read:
"14.16. 110 Liability for Damages by Permittee; Insurance. The
permittee shall be responsible for all liability imposed by law for
personal injury or property damage caused by work permitted and done by
permittee under the permit, or proximately caused by failure on
permittee's part to perform his obligations under such permit in respect
to maintenance. If any claim of such liability is made against the City,
its officers or employees, permittee shall defend, indemnify and hold
them, and each of them, harmless from such claim insofar as permitted by
law. For any project in which construction, trenching, tunnelling, or any
other activity physically disturbs or obstructs sidewalks or any part of
the public street or highway right of way actually used by the public, or
is likely to undermine or destabilize any part thereof, permittee shall ,
prior to the commencement of construction, provide to the City a
certificate of insurance evidencing liability and property damage
insurance in policy limits of not less than $100,000 per person, and
$500,000 per accident or occurrence, which certificate shall also name the
City as an additional insured. The insurance shall be with an insurance
company licensed to do business in the state. The permit shall be
withheld until the insurance certificate is provided. Upon advice from
the City Engineer that significant risk of loss may arise from particular
operations proposed, the Director may require that the amount of insurance
to be provided by the permittee be set at a level higher than that
specified herein, provided that no insurance in excess of One million
Dollars ($1,000,000) for a single person, or in excess of Three Million
Dollars ($3,000,000) per occurrence shall be required from any permittee
as a condition. The Director may authorize utility companies and local
governmental entities to provide a long-term certificate covering any such
operations by the insured within the City. The insurance provisions of
this section shall not apply to contracts for public works of improvement
entered into by the City, as provided in Government Code Section 53080."
SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and
effect thirty (30) days after passage.
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SECTION 3. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the 3 public
places designated by resolution of the City Council ; shall certify to the
adoption and posting of this ordinance; and shall cause this ordinance and
its certification, together with proof of posting, to be entered in the
book of ordinances of this City.
1 The foregoing ordinance was approved and adopted at a meeting of the
City Council held on September 16 1987 by the following vote:
Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and
Mayor Paquette
Noes: None
Absent: None e
-'MAYOR f'
ATTEST
/�.� - ARC.
CI Y 'LERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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CITY ATTORNEY Y MA AG R
I HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE
FOREGOING ORDINANCE NO. 19 b WAS DULY ADOPTED
BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA_IN A MEETING THEREOF HELD ON THE 1(0 441
` DAY OF ,198'"1 , AND THAT SAME VIAS POSTED
IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH
POSTINGS, BY THE SAID CITY COUNCIL.
/.16, / 70 0,1/ A
CITY CLERK
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