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12.16.110. Other highway permits

            (1)        Holders of permits for excavation on highways owned or under the jurisdiction of other government entities, but located within the City limits, shall not be required to obtain permits from the City under the provisions of this Chapter, unless the excavation extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary.  Any City permit shall not be construed to permit or allow excavation on a county road on a state highway within the City without an applicable county or state permit.

            (2)        The City Engineer, in his or her discretion, shall have the right and authority to regulate excavation under permits issued by other governmental entities with respect to hours and days of excavation, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property.  Notwithstanding the foregoing, nothing in this Chapter shall be construed to impose any duty, implied or express, on the City or its employees, officers, agents, or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the City, or arising out of any excavation performed on any public way owned or within the jurisdiction of the City.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997

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