City Code

6.16: Buildings, Structures or Encroachments in Right-of-Way

1.000 License Required.
It is unlawful for any person, as owner, lessee, occupant or other person in control of any real property within the City, to install, place, build, erect, maintain, occupy or use upon any such property any building, structure or physical encroachment which, in whole or in part, is installed, placed, built, erected, maintained, occupied or used on any portion of the right-of-way of any public street or alley, whether such right-of-way exists by reason of statutory or common law dedication or easement, without first having obtained a written license therefor pursuant to the provisions of this section 6.16.
2.000 Application.
Application for the license required by the provisions of this section 6.16 shall be made on a form provided by the City and shall state:

    A. The name and address of the applicant;

    B. The interest of the applicant in the real property upon which the building, structure or encroachment to be licensed is or is proposed to be located;

    C. The names and addresses of all record fee owners of such real property if not the applicant;

    D. The names and addresses of all parties other than the applicant and the record fee owners having any interest in such property;

    E. The legal description and street address of such property;

    F. A description of the size and character of the building, structure or encroachment to be licensed;

    G. A legal description of the area of the right-of-way upon which such building, structure or encroachment is or is proposed to be located;

    H. A statement that the applicant shall and agrees to indemnify the City from all claims and demands which may arise as a result of the installation, placement, building, erection, maintenance, occupation or use of such building, structure or encroachment upon such right-of-way;

    I. The name and address of the insurer providing the insurance coverage required herein;

    J. A description of the facts requiring the issuance of the license for which application is made; and

    K. A statement that the applicant understands and agrees that, if the license for which application is made is granted, the license shall be revocable, and that the applicant shall not acquire any vested rights thereunder.

The application shall be submitted to the City Clerk, for the consideration of the City Council.
3.000 Application Fee.
Each application for a license required by the provisions of this section 6.16 shall be accompanied by an application fee in an amount established by resolution of the City Council, which fee shall be retained by the City whether or not a license is issued.
4.000 License Agreement.
Each license issued pursuant to the provisions of this section 6.16 shall be embodied in a written license agreement between the City and the applicant and all record owners of such real property, which license agreement shall include the following:

    A. Purpose. A statement of the purpose for which the licensee may occupy or use the right-of-way;

    B. Term. A statement of the term of the license, to be determined by the City Council;

    C. Limitation of Encroachment. A statement that the licensee shall not further encroach upon any right-of-way, except pursuant to a license issued by the City pursuant to the provisions of this section 6.16;

    D. Indemnification. A statement that the license shall indemnify and save harmless the City from any and all claims and demands which may arise as a result of the installation, placement, building, erection, maintenance, occupation or use of such building, structure or encroachment upon such right-of-way;

    E. Maintenance. A statement that the occupation or use licensed shall be maintained by the licensee in a clean, neat, orderly and safe manner;

    F. Insurance. A statement that the licensee shall, at all times during the duration of the license, maintain public liability insurance, naming the City as an additional insured party, in the amounts of at least the maximum amounts of tort liability of the City pursuant to statute, with respect to the occupation and use of such right-of-way by the licensee, which insurance shall be evidenced by a policy providing, in part, that such insurance shall not be canceled or terminated by any party, except upon ten (10) days' prior written notice to the City Clerk; and

    G. No Vested Right Created. A statement that the issuance of the license shall not constitute or be construed as creating or establishing any vested right of the licensee or in to such right-of-way, and that the license shall be revocable by the City Council.

5.000 Agreement to be Recorded.
Each license agreement required by the provisions of subdivision 4 above shall either be recorded in the office of the appropriate County Recorder or filed with the appropriate Registrar of Titles, so as to place all successors and assigns of the licensee on notice of the provisions of such agreement.
6.000 Standard of Issuance.
No license shall be granted pursuant to the provisions of this section 6.16 unless and until the City Council shall determine that granting of the application will not endanger the public or interfere with the use of the public of the road or alley located within such right-of-way.
7.000 Investigation.
The City Council may, prior to the issuance of any license pursuant to this section 6.16, refer such application to any department or advisory committee for the purpose of obtaining the recommendation of such department or committee with respect to such application.