Sec. 40-197. - General conditions.
Upon the acceptance of any inspection permit with regard to the occupancy or maintenance of any part of a public street or right-of-way, including inspection permits for new construction, remodeling or renovating, within the city's right-of-way, the applicant and all persons in privity withhim, expressly covenant and agree to comply with the terms and provisions of this article and the following conditions:
(1) The city shall have the right at any and all times upon 180 days written notice to the permittee, its representatives, successors or assigns, to take possession of and use all or any part of such city right-of-way in the event that such use be desired or needed by the city, as reasonably determined by the city council, for street, sewer, transportation or any other public or municipal use or purpose, and in such event, the city shall have the right to cancel such inspection permit as to that portion of the property or part of the right-of-way so designated and required by the city.
(2) The permittee shall have the right at any time upon 180 days written notice to the city, to relinquish the use and possession of all or any part of the property or right-of-way covered by the permit as it may so determine and to cancel said inspection permit as to that part so relinquished. In the event that any part of the property or right-of-way which is included and covered by the inspection permit shall be relinquished or diminished, then the cubic footage remaining and continuing to be used by the inspection permittee and thus requiring inspection shall be determined, and the inspection fee shall be calculated on the basis of the new cubic footage.
(3) Upon the lawful termination of an inspection permit issued hereunder, in whatsoever manner such termination may be made, permittee, assigns, successors and representatives, bind and obligate themselves to restore the city's right-of-way occupied under the provisions of the inspection permit to the original condition as it existed prior to any construction, or to fulfill any other reasonable conditions for the restoration of the right-of-way which may be acceptable to the city council of the city, and should the permittee, assigns, successors, or representatives fail or refuse to do so within 90 days after such termination then in that event the city may do or have done the work necessary for such purpose at the sole cost, risk, liability and expense of permittee, their assigns, successors and representatives.
(4) Upon written consent of the city, acting by and through the building official, the permittee may, at his sole cost, risk liability and expense including public liability and property damage insurance in the amounts specified in section 40-196 of this Code, remove, reroute, reconstruct, lower or raise any existing utility lines, public or private sewer lines, water lines, including storm sewers, pipes or conduits presently located within the city's right-of-way, provided that before changing or interfering with any such utility lines as described aforesaid, the permittee shall notify the respective utility companies and the city, owning or operating the aforesaid utility lines, concerning any and all changes, modifications, rerouting of or any interference whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary changes, modifications, rerouting or interference with the aforesaid utility lines, pipes or conduits shall be done under the direction of the representatives of the respective utility companies or the city, as the case may be.
(5) After the completion of any construction within the city's right-of-way under the terms of an inspection permit granted hereunder, should the city desire to lay or construct its utility lines, including sewer lines, water lines, or any other pipes, or conduits under, across, or along said streets within its right-of-way, any and all additional cost for the laying or construction of the aforesaid utility lines, including pipes and conduits, within said street right-of-way, which may occur by reason of the existence of said construction, shall be paid to the city by the said permittee, his assigns, successors and representatives.
(6) Solely as between the city and the permittee, and not for the benefit of any other person, the permittee, by acceptance of such inspection permit, hereby waives any claim he, or any heirs, successors or assigns might have for damages for loss of lateral support to any other improvements hereby contemplated which loss of lateral support might be occasioned by any improvements which the city, its assigns, grantees, licensees, or permittees might install or construct.
(7) The permittee, or his successors, assigns, or representatives, by the acceptance of such inspection permit, agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless solely the city, any of its agencies, and any person, from all liability, cost or damage on account of permittee's use, occupancy and maintenance of any part of the city's right-of-way and the structures and improvements therein, including, but not by way of limitation, any basements, tunnels or vaults constructed within the subsurface of any public street or right-of-way. This indemnity shall continue in force and effect during the existence of any inspection permits issued under the provisions of this article.
(8) No transfer or assignment of any inspection permit granted under the terms and provisions of this article shall be effective unless and until:
a. The permittee has, in writing, advised the building official of the name and mailing address of the transferee or assignee; and
b. The transferee or assignee has furnished the building official its written agreement to assume and perform all of the duties, covenants and obligations of the inspection permit; and, thereupon, each provision of the inspection permit shall be binding upon, and inure to the benefit of, the transferee or assignee of the permittee.
(9) The breach or violation of any one of the terms, provisions, or conditions set forth in this article shall be sufficient to constitute grounds for the cancellation and forfeiture of the inspection permit granted under the authority of this article. Any such cancellation and forfeiture may be exercised upon 20 days written notice by the city to the permittee, a representative or successor, unless, at the expiration of such time, any such violation or breach has ceased or the permittee is proceeding with all diligence and good faith to remedy any such violation or breach and thereafter continues without delay with such remedial work or correction until such violation or breach has been completely remedied, and, any person violating any of the provisions of this article may be prosecuted as provided herein.
(Code 1968, § 41-197; Ord. No. 72-97, § 6, 1-19-72; Ord. No. 80-3227, § 1, 11-20-80; Ord. No. 85-638, § 2, 5-1-85; Ord. No. 90-635, §§ 120, 123, 5-23-90)
