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2008 041 Ordinance
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2008 041 Ordinance
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Last modified
11/19/2018 3:58:02 PM
Creation date
8/21/2018 3:58:27 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
041
Date
1/20/2009
Year
2008
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(d) A cash bond in the amount to be determined by the Service Director and Village <br />Engineer on a case by case basis relative to the size and scope of the proposed <br />excavations shall be posted for each connection, opening and excavation as security <br />for performance of the terms of the permit, which amount shall be refunded when the <br />job has been completed, the pavement repaired, and any excavations backfilled to the <br />satisfaction of the Service Director. Upon failure of the contractor to adhere to the <br />requisites hereof, the Municipality may apply the amount of the deposit toward <br />payment for having the work done and shall return to the permit holder the <br />unexpended balance, if any. The Municipality may also deduct from the amount of the <br />deposit the amount charged to the permit holder for the erection of barricades and the <br />setting out of lights as provided in subsection (b) hereof. If the cost of repairing the <br />pavement and making the backfill and the amount charged for barricades and lights <br />exceeds the amount of the cash deposit, the permit holder shall be liable to the <br />Municipality for the excess. <br />905.02 EXCEPTIONS; INSPECTION FEE. <br />(a) The provisions of this chapter do not apply to excavations made by a governmental <br />agency and employees thereof, except as hereinafter provided. The foregoing <br />provisions of this chapter do not apply to the East Ohio Gas Company, The Cleveland <br />Illuminating Company, the Water Department of the City of Cleveland, Ohio, and the <br />Ohio Bell Telephone Company, for the installation, repair or replacement of service <br />lines from existing mains or trunks to individual users. However, in the event that any <br />such opening is made in public property and is not satisfactorily repaired within five <br />days after notice given by the Municipality to such utility to make such repair, the <br />Municipality may cause such repairs to be made and charge the cost thereof to the <br />utility, which utility shall pay to the Finance Director the inspection fee hereinafter <br />required. <br />(b) The East Ohio Gas Company, The Cleveland Electric Illuminating Company, the <br />Water Department of the City of Cleveland and the Ohio Bell Telephone Company <br />shall not make any excavations or openings in any public property for the installation, <br />removal of or replacement of any main line without first submitting plans therefor to <br />the Municipal Engineer and securing his approval unless such submission and <br />approval are waived by Council, and paying to the Finance Director an inspection fee <br />computed at the hourly rate as described in the current pay ordinance of the Village <br />Engineer.. <br />(Ord. 676. Passed 10-19-59.) <br />905.03 DAMAGES RECOVERABLE. <br />The Law Director is hereby authorized to take action to enjoin the violation of any <br />provision of this chapter and to recover damages suffered by the Municipality because of any <br />violation of any provision of this chapter and to take action to enforce the conditions of the bond <br />provided for in Section 905.01. <br />(Ord. 605. Passed 12-16-57.) <br />
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