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 Woodside
 Municipal Code
 Title VII. TRAFFIC CODE
 Chapter 71. TRAFFIC RULES
 Article V. TRUCK ROUTES

  § 71.71. Limited truck route permit deposits; surety bonds and insurance.  

Latest version.

  • (A)

    Deposits.

    (1)

    In the event the application is made for the hauling of earth or fill, the Town Engineer shall require, as a condition to the granting of such permit, that the applicant, prior to the issuance of the permit, deposit with the Town, as security for the payment of the fees set forth in Section 71.73, a sum of money to be fixed by the Town Engineer, which shall be based upon the charges set forth in Section 71.73, for the amount of fill which it is estimated will be hauled pursuant to the permit; provided, however:

    (a)

    Such security shall be applied to the progress payments, or if no progress payments are required, then to the sole payment, of the permit fee required by the provisions of Section 71.73 as and when such payments become due.

    (b)

    Within 35 days after the hauling shall have been completed, the permittee shall pay to the Town the difference between the amount deposited pursuant to the provisions of this section and the fee due the Town pursuant to the provisions of Section 71.73 if the fee due pursuant to the provisions of Section 71.73 is greater than the sum deposited pursuant to the provisions of this section.

    (c)

    Within 35 days after the hauling shall have been completed, the Town shall return to the permittee the difference between the fee due pursuant to the provisions of Section 71.73 and the amount deposited pursuant to the provisions of this section if the fee due pursuant to the provisions of Section 71.73 is less than the sum deposited pursuant to the provisions of this section.

    (d)

    The amount deposited pursuant to the provisions of this section shall be returned to the applicant if, prior to the commencement of any hauling operation pursuant to such application, the applicant shall have notified the Town Engineer of his/her intention not to engage in any such hauling operation and demanded the return of the deposit.

    (2)

    All notices required pursuant to these provisions shall be in writing and delivered personally to the Town Engineer or transmitted by United States registered or certified mail, postage prepaid, and addressed to him/her at the Town offices, Woodside, California.

    (3)

    The amount demanded by the applicant shall be returned to him/her within ten days after such notice shall have been received by the Town Engineer.

    (1975 Code, § 4-3.1311) (Ord. 1958-70, effective - -58; Am. Ord. 1958-74, effective - -74; Am. Ord. 1997-486, effective 6-26-97)

    (B)

    Surety bonds.

    (1)

    The Town Engineer may require, as a condition to the granting of any permit required by the provisions of Section 71.70 for the hauling of earth, fill, or any other material, that the applicant deposit with the Town Engineer a surety bond, in an amount to be fixed and a form to be specified by the Town Engineer, inuring to the benefit of the Town and guaranteeing that the applicant will faithfully perform all of the conditions and requirements specified in the permit and will repair to the satisfaction of the Town Engineer, or, at the option of the Town Engineer, will reimburse the Town for any damages caused to Town streets or other Town property by the proposed hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the Town Engineer as being sufficient in financial responsibility.

    (2)

    With the approval of the Town Engineer, the applicant may deposit such bond on an annual or continuing basis to cover one or more of such permits for hauling in the same or different locations.

    (1975 Code, § 4-3.1318) (Ord. 1958-70, effective - -58)

    (C)

    Insurance.

    (1)

    The Town Engineer may also require, as a condition to the granting of any permit required by the provisions of Section 71.70, that the applicant deposit with the Town Engineer a certificate or policy of a responsible insurance company showing that the Town, and its elective and appointive boards, officers, agents, and employees, are insured in the amounts set forth in this section against any losses or damages arising directly from the operations of the applicant or any firm, person, or corporation acting in his/her, their, or its behalf in carrying on any operation connected directly or indirectly with the hauling for which such permit is issued. Such policies of insurance shall be as follows:

    (a)

    Public liability insurance. The public liability insurance shall be in an amount not less than $1,000,000.00 for injuries, including, but not limited to, accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than and $1,000,000.00 on account of one accident.

    (b)

    Property damage insurance. The property damage insurance shall be in an amount of not less than $100,000.00.

    (2)

    With the approval of the Town Engineer, the applicant may deposit such policies of insurance on an annual or continuing basis to cover one or more of such permits for hauling in the same or different locations.

    (3)

    All insurance required in Section 71.71 shall be with an insurance carrier that is licensed in the State of California and is in good standing with the California Department of Insurance, and has a Best Company rating of "A" or better.

(1975 Code, § 4-3.1319) (Ord. 1958-70, effective - -58; Am. Ord. 1997-486, effective 6-26-97)

Cross reference

Penalty, see 10.99