[Prior code § 5-5.5; amended by Ord. 97-16 § 1, 1997]
It is the policy of the Borough to provide to any person requesting
it, excess fill dirt which may be available from time to time due
to municipal construction projects. Excess fill shall be provided
to those requesting it in the following manner:
A.
Persons requesting excess fill dirt shall submit their name, address,
telephone number and location of property where fill is to be placed
to the municipal clerk's office which shall be placed on a rotating
list.
B.
The list shall be made available to the Borough administrator and
foreman of public works when requested and as excess fill becomes
available.
C.
Fill dirt shall be delivered, if so requested, to the property location,
at the discretion of the Borough, or placed by the Borough upon the
trucks so designated by the person requesting the fill. The person
requesting the fill or his or her duly authorized agent shall be responsible
to spread the fill.
D.
Persons requesting fill shall be removed from the rotating list upon
the delivery of fill.
E.
The person requesting the fill or his or her duly authorized agent
shall be called by the municipal clerk's office prior to the
delivery of excess fill to verify location and continued need.
F.
The excess fill dirt is provided "as is," "where is," and "how is."
The Borough and its employees make no representation to the nature
and/or quality of the fill provided by the Borough.
G.
The person, by requesting the excess fill dirt either personally
or through a duly authorized agent, agrees to indemnify and hold the
Borough and its employees harmless from any and all causes of action
that may arise in connection with the pickup and/or delivery and the
use of the excess fill dirt on the premises in question and further
agree to indemnify, defend and save the Borough, its agents and employees,
harmless of and from all losses, costs, liabilities, claims, damages
and expenses, including reasonable attorney's fees, penalties
and fines incurred in connection with or arising from the loading,
delivery and use of the excess fill dirt by the Borough.
