Ordinance 1748-90 - Laserfiche WebLink

Section 6: The City is hereby authorized to cut, trim, and remove any and all brush, trees, other vegetation or debris upon the herein easement and the City has the right of access for such purposes. The City is also authorized to cut, trim, and remove any and all brush, trees, other vegetation, and debris on property adjacent to the easement which, in the City's reasonable judgement, constitutes a hazard to the easement and the City has the right of access for such purposes. Section 7: In the event any improvements are placed in/on the herein described easement or anything is constructed in/on the easement without the written approval of the City Engineer first having been obtained, all such activity shall cease upon request of the City Engineer, and any and all improvements placed thereon without the written agreement of the City Engineer shall be removed. In the event prior approval is not obtained, the City is hereby authorized to remove any and all improvements plaaed or constructed thereon and the City, its officers, employees, and agents are hereby held harmless from damage caused to said improvements from removal thereof. The City is hereby authorized to charge for any and all costs incurred by the City in removing the improvements. This right is in addition to any other right the City may have at law or in equity. Section 8: If any provision of this ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this ordinance would have been enacted without the provision so held unconstitutional or invalid and the remainder of this ordinance shall not be affected as a result of said part being held unconstitutional or invalid. Section 9: That all monies derived from the sale of the above-described right-of-way vacation shall be deposited in the "Real Property Acquisition Fund."