[Ord. 74-47, 12/12/1974, § 1]
1. Any road contractor and builder or owner of land in the Borough of
New Stanton may apply to the Council of the Borough for emergency
snow and ice removal on roads, streets and avenues under construction
by said road contractors and builders or landowners under the following
terms and conditions:
A. The builder and/or landowner has submitted and had approved proper
plans and profiles for such road, street or avenue, said approval
being in accordance with the provisions of subpart A of this Part.
B. A road construction permit has been granted by the Borough for any
such road, street or avenue under construction.
C. An executed copy of the agreement for the construction of any such
road, street or avenue between the road contractor and the builder
or landowner has been submitted to and is in the possession of the
Council of the Borough.
D. The road contractor and builder or landowner has provided the Borough
with a performance bond in the amount required by subpart A of this
Part, which performance bond shall guarantee the completion
of the said construction.
E. The road contractor and builder or landowner enters into a written
agreement with the Borough in the form provided by the Borough, which
agreement shall incorporate all of the provisions of this Part, as
amended and supplemented, and all of the provisions of subpart A of
this Part.
[Ord. 74-47, 12/12/1974, § 2]
Any emergency snow and ice removal agreed to under the provisions of this Part shall continue in effect for a period of no longer than one year from the date of the execution of the agreement provided in §
21-301, Subsection
1E, above.
[Ord. 74-47, 12/12/1975, § 3]
Emergency snow and ice removal or any other work performed on
any road, street or avenue under construction in the Borough under
an agreement authorized by this Part shall in no manner constitute
an acceptance of said road, street or avenue by the Borough as a public
street, and the Borough shall not be obligated to perform any work
or labor other than that provided in such agreement and for the term
provided in such agreement.
[Ord. 74-47, 12/12/1974, § 4]
The Borough shall not be responsible for any damages occurring
to any such road, street or avenue, its drainage facilities, curbing
or subbase by any act done or failed to be done in emergency snow
and ice removal under any agreement authorized by this Part.
[Ord. 74-47, 12/12/1974, § 5]
The road contractor and/or builder, or landowner shall indemnify
and save harmless the Borough from any and all liability, claims,
demands, actions and causes of action on account of any property damage,
personal injuries and any and all other loss and damage of any kind
or nature whatsoever caused by, resulting from or occurring on any
road, street or avenue or its right-of-way or its drainage facilities
which is receiving emergency snow and ice removal by the Borough under
any agreement provided by or authorized by this Part.