Ord 1138 9/25/1933 ORDINANCE ISO.
AN Ci-iDl Tl-,IvC"E :ENDING ORDIT ATICE NO. 285 , PASSED AND APPROV-
ED ON THE 27TH DAY OF JIFLY, A. D. 1920, ENTITLED "AN ORDINANCE: IaiAK-
I M IT UNL-k r UL FOR AT_IY PERSON, FIF , CORPORATION OR AGENT THEREOF
T O CUT OR T:AIs- A.iIY EXCAVAT IOTi IN ^DIY S,11ET, SIDE qj U',9 ALLEY OR
OTIi�.R PUBLIC PLn.CE WITHOUT FIRST OBTAINING A PERT,IT FROV TILJ CIT�J.
ENGINEER STATING THII COrv`DITlol, OT, Va ITCH SAID lLT{14 I� GRA1I'='E .
AND PROVIDING ��OR A PETN�LTY" , BY ADDING TI-IERE�l' , ; ZTICLE 5A PROVID-
ITdG PF.RSOTVS t'IRT1S r"iT?�� CO PORi=al S ENGAGED II�`s BUS'INE�SSES -'-'HAT RE-
< UIR', FREQUENT OPENINGS OF STR+I'�TS AND ALLEIYS SMALL ?112 A BOTv
VdIT"i1 TI"�I CITY ENGI�� ER FOR HE Sub,? OF $1,000.00 , COT�DI�TryIOTT D THAT
,U r F ._'1L T�" I;:.i3 ld, '7J CO�W�.._nl
L "I'RIT CIPAL r1�I`" Ti 111 +Y �Ci: r'L`r` iITH AI,L �_
ray,' SAID CRDINIA14 CE.
BE Ir." ORDAINED 3Y THE BOARD OF A. MR1a N 01' THE, C I' Y OF
S TEXAS
1IC�-II TI. AI T� ,
aLCTIOTI 1 .
That ordinance No. 285 , passed and approved on the 27th
day of July, A.D.
1920, entitled "An ordinance making; it unlawful
corporation or agent thereof to cut or make
for any person, firm,
any excavation in any street , sidewalk, alley or other public place
without first obtaining a permit from the City engineer stating
the conditions on which said permit is granted, and providing for
a penalty" , be and the same is hereby amended by adding thereto an
Article to be kno;lrn as Article 5a, which sai(. Article is to read
as follows , to-wit:
"A" 'icle 5a: Provided that any person, firm or corporation
engaged in a._ business which requires the frequent digging in and
openinE of streets, alleys and other public places shall file with
the City "Engineer a good and sufficient bond in the sum of One
Thousand (�:1 ,000.00) Dollars executed by the applicant and some ap-
proved surety company, payable to the City of Wichita falls , Texas ,
to be approved by the City Engineer, conditioned upon the faithful
performance of the provisions of this Ordinance and that the prin-
cipal will defend any and all suits, action or actions , claim or
claims, for damages which may be instituted against the City for
any loss , cost, expense or damage charged or irr, :osed upon it by
reason of the grantin:`; of such permit or by reason of the manner
in -,j] ich sai 7. e -cavwtion is Trade or any work done in connection
therewith and to hold the City harmless against any and all loss
or liability that it may suffer or incur by reason of said excava-
I ' n; and that the principal shall keep the excavated portion of
,,,
said street , alley, sidewalk or other public place in z�-ood re—pair
for the reriod of one (1) year after the said excavation has been
made and refilled, according; to the specifications and under the
suil--ervision of the City Engineer.
The fact that such bond for One Thousand ( 1 ,000 .00) Dol-
lars is required and ;riven shall not be construed to release the
principal from liability exceeding the sum of One Thousand Dollars
l 000.00) , and the City may recover against the principal any
"dditional damage incurred by it or any additional dames that it
may be required to pay by reason of said excavation made by the
said principal; and one recovery on said bond shall not void. same
but the full amount thereof may be recovered in separate and dis-
tinct actions thereon." {
r��SSED r, ) Ai�rRO T D this — `� day of
A.D. 1933.