Title
AN ORDINANCE GRANTING INDEPENDENT SCHOOL DISTRICT 709 A CONCURRENT USE PERMIT TO CONSTRUCT A GUARDRAIL NEAR THE INTERSECTION OF E 11TH ST AND N 8TH AVE E.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. Under the authority of Section 100 of the 1912 Home Rule Charter of the city of Duluth, as amended, and subject to the conditions in Section 2 below, permission is granted to Independent School District (ISD) 709, and its successor(s) in interests, referred to herein as the permittee, to use a portion of a public street right-of-way abutting permittee's property that is not physically being used or occupied by the public to construct and maintain the following:
(a) The construction of a guardrail to occupy approximately 530 square feet of street right-of-way near the intersection of E 11th St and N 8th Ave E, as shown in Attachment 1.
Section 2. Before this ordinance shall be effective, the permittee shall file with the planning division a certification of insurance approved by the city attorney evidencing that the permittee has in force a policy of insurance meeting the following requirements:
(a) Comprehensive general liability insurance in an amount not less than $1,500,000 for bodily injuries and in an amount not less than $500,000 for property damage or $1,500,000 single limit coverage; and
(b) Insurance coverage shall include all permittee's activities occurring upon or within public right of way or easement occupied pursuant to this ordinance whether said activities are performed by the permittee or its agents or representatives; and
(c) The insurance policy shall contain a condition that it may not be canceled without 30 days written notice to the city of Duluth, directed to the attention of the director of planning and economic development; and
(d) The city of Duluth shall be named as an additional insured; and
(e) The certificate shall also reference this ordinance by its ordinance number.
Section 3. The city of Duluth ma...
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