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Ordinance 1193-85
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Ordinance 1193-85
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3/30/2018 9:56:10 AM
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Ordinances
Ordinance Number
1193-85
Date
12/4/1985
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. <br /> "Section 6: Prior to any construction, work or any other activity <br /> being conducted in or on the herein easement by anyone other than the <br /> City, notification and plans for the same shall be submitted in writing <br /> to the City and no such construction, work or activity shall be <br /> commenced without City's prior written agreement that the proposed <br /> construction, work or activity will not interfere with the City's <br /> easement described herein; PROVIDED, HOWEVER, any changes or revisions <br /> in the plans shall also be subject to City's prior agreement. The <br /> City's review of the plans under this easement shall not be deemed to <br /> impose any duty or obligation on the City to determine the adequacy or <br /> sufficiency of the plans and designs nor determine whether said <br /> construction, work or activity is in conformance with other applicable <br /> plans, codes and regulations. Further, agreement by the City to such <br /> construction, work or activity shall not in any manner be considered as <br /> imposing any obligation, duty or liability upon the City as to the <br /> safety or propriety of such construction, work or activity." <br /> "Section 7: The City is hereby authorized to cut, trim and remove <br /> any and all brush, trees, other vegetation or debris upon the herein <br /> easement and the City has the right of access across adjacent <br /> properties for such purposes. The City is also authorized to cut, trim <br /> and remove any and all brush, trees, other vegetation and debris on <br /> property adjacent to the easement which, in the City's reasonable <br /> judgment, constitutes a hazard to the easement and the City has the <br /> right of access across adjacent properties for such purposes". <br /> "Section 8: In the event any improvements are placed in/on the <br /> herein described easement or anything is constructed in/on the easement <br /> without the written approval of the City Engineer first having been <br /> obtained, all such activity shall cease upon request of the City <br /> Engineer, and any and all improvements placed thereon without the <br /> written agreement of the City Engineer shall be removed. In the event <br /> prior approval is not obtained, the City is hereby authorized to remove <br /> any and all improvements placed or constructed thereon and the City, <br /> its officers, employees and agents are hereby held harmless from damage <br /> caused to said improvements from removal therof. The City is hereby <br /> authorized to charge for any and all costs incurred by the City in <br /> removing the improvements. This right is in addition to any other <br /> right the City may have at law or in equity." <br />
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