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ATG. 1/20/87
1EPT.A
- CI‘ OF CARLSBAD - AGENL -- BILL
TITLE: TO REQUIRE INSURANCE AS A PART
OF THE PERMIT FOR WORK IN THE
PUBLIC RIGHT OF WAY CITY MGR.E
RECOMMENDED ACTION:
If Council concurs, your action is to introduce Ordinance No. 70 7/
ITEM EXPLANATION
Chapter 606, Statutes of 1986 became effective January 1, 1987. It
prohibits a city or county from requiring an applicant for a building
or encroachment permit to file a certificate of insurance evidencing
coverage for bodily or property damage as a condition to permit
issuance unless an ordinance is adopted by the local jurisdiction.
The ordinance attached enables the City Engineer to require the applicant to execute an indemnity agreement, to name the City as
additional insured under a policy of insurance having personal
injury and property damage liability limits satisfactory to the City Engineer, and to file a certificate of insurance evidencing said
coverage as conditions to the issuance of said permit. The ordinance has been approved by the City Engineer.
EXHIBIT
Ordinance No. 70 7/
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ORDINANCE NO. 7071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
11.16, SECTION 11.16.010 OF THE CARLSRAD MUNICIPAL
CODE TO REQUIRE INSURANCE AS A PART OF THE PERMIT
FOR WORK IN PUBLIC RIGHT OF WAY.
CARLSBAD, CALILFORNIA AMENDING TITLE 11, CHAPTER
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1: That Title 11, Chapter 11.16 is amended by
the amendment of Section 11.16.010 to read as follows:
"11.16.010 Permit. No person shall cause any
improvement, tree, shrub, or other work to be installed upon, over, under or removed from any public right-of-way or cause any
excavation or filling upon any public right-of-way within the
City, without first having obtained a written permit from the
City Engineer to do so. As a condition of said permit, the City Engineer may require the applicant to execute an indemnity
agreement, to name the City as additional insured under a policy of insurance having personal injury and property damage liabilit! limits satisfactory to the City Engineer and to file a certificate of insurance evidencing said coverage as conditions to the issuance of said permit. The City Engineer may deny issuance of such a permit or may issue it upon such other
conditions as he determines are reasonable and necessary to
protect the public health, safety and welfare under the
circumstances. In the event the applicant is dissatisfied with
the decision of the City Engineer, he or she may appeal said
decision to the City Council which shall finally determine the matter."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published a
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 10th day of February , 1987
and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 17th day of February I 19 87 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
APPROVED AS TO FORM ?JlD LEGALITY
CI!AfJjnE AT LEdIS, May6r
ATTEST:
4kzG 4-c- ALETEA L. RAUTENKRANZ, City Cle*
7071 Ordinance No. Page 2 of 2
A --
EFFECTIVE : 9/27/83
SUPERSEDES: N/A
C I TY OF CARLSBAD
City Engineer
ENGINEERING DEPARTMENT POLICY
NUMBER: 18 IFICATION FOR WORK DONE IN PUBLIC
i!FOF HAY /
I SUBJECT:
PURPOSE:
pol ICY:
To insure proper coverage is provided by permittees of issued permits for work in the right of way,
Permits for work in public right of way provides that permittees shall indemnify the City against liability arising from work under the permit. However, this is not backed up by bonds, deposits, or insurances at this
time. Therefore, the City is involved in litigation unnecessari ly.
In addition to other requirements for the issuances of permits to perform work in the public right of way, no permit will be issued until a certificate of insurance
is filed that names the City as additional insured on the permittee's policy in an amount of at least $100,000
for each occcurrence of liability.
Persons who issue permits for work in the public right of way are responsible to insure that proper coverage is provided.