Loading...
HomeMy WebLinkAbout1987-01-20; City Council; 8884; Public ROW work permit insurance requirement4 h 0 h z” a & 0 a @J u 1 a 0 Ll +J d .rl 4 d 1 0 u 2 h Qo I 0 r( I N bB# prrf 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/ t 1. 1. ! 1 2 z 4 E " e 7 E 9 1c 11 12 18 19 20 21 22 23 24 25 26 27 28 -. 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 0.. 0.. 1 2 3 4 5 6 7 e 9 1c 11 12 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.