HomeMy WebLinkAbout4818ORDINANCE NO. t~i ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 11.02.230 of the
Bremerton Municipal Code relating to insurance requirements for
issuance of a permit for working within or using a City of
Bremerton right-of-way.
WHEREAS, the current provisions of Section 11.02.230 of the Bremerton
Municipal Code relating to insurance requirements for issuing a permit to work within or
use a City right-of-way may result in an unnecessary hardship for Bremerton residents;
and
WHEREAS, the City Council desires to update the provisions of Section
11.02.230 in order to allow the Director of Public Works and Utilities to exercise discretion
when requiring insurance for right-of-way permits issued to residents; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.02.230 of the Bremerton Municipal Code entitled
"Insurance" is hereby amended to read as follows:
A. General Provision. Before any pernfit is granted to any person, finn or
corporation, for the work within or use of the right-of-way, such person, firm or corporation shall
secure and deliver to the City and file with the City EnginacrDirector a copy of comprehensive
general liability insurance in the sum of Five Hundred Thousand Dollars ($500,000.00) for
bodily damage and property. The City shall be listed as an additional insured on the policy.
Alternate methods of meeting these insurance requirements must be approved by the City Risk
Manager.
B. Limited Exception. A homeowner or tenant who ~repalrs,
constructs, or uses the right-of-way fronting his/her residence and who, in the case of repair or
construction, performs all the labor him/herself= shall not be required to obtain insurance as set
Right-of-Way Use - Insurance
forth in subsection A. Prior to the issuance of such a permit, the homeowner or tenant shall be
required to provide proof of homeowners or renters insurance in the amount of at least
$100,000.00 for bodily damm~injur¥ and property damage unless, in the Director's discretion,
this requirement is waived after consideration of the nature of the proposed use or work and the
need to reasonably protect the City's interest as well as the health, safety, and welfare of the
public.
SECTION2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the.~_ day of d~ff~-~?~/-) ,2002
PASSED by the City Council the__~Q..~ day of
2002
CAROL ARENDS, Council President
Approved this ~ day of .~~_,~, 200~
CARY BOZEMAN, Mayor
ATTEST:
KATHLEE~q MCC~~LUS Y, City Clerk
PUBLISHED the~_,~ day of~ ~~)
EFFECTiVE the~(!M~day of
ORDINANCE NO. 4z'ff~/ ff (
R:~LEGAL\Ordinances~BMC 11.02.230 ~ Right of Way Ins.doc
APPROVED AS TO FORM:
,2002
_, 2002
2
Right-of-Way Use - Insurance
~ '
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100032018
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in,an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: November 5,2002; and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum,of $39.66 amount has not been paid in full.
(JelL ~b
p
(Signature of Principal Clerk)
&1.1' if ~
Subscribed and sworn to before me this day of November 9, 2002
Notary Public in and for the State of Washington, Kitsap County.
SUMMARY OF
ORDINANCE NO. 4818'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section
11.02.230 of the Bremerton Municipal Code relating to insurance requirements for issuance of a permit
for working within or using a City of Bremerton right-of-way.-
APPROVED by the City Council the 23rd day of October, 200T
PASSED by the City Council the 30th day of October, 2002-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
November 5,2002- - #100032018-