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Ordinance 1153-85
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Ordinance 1153-85
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4/3/2018 10:44:16 AM
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Ordinances
Ordinance Number
1153-85
Date
7/17/1985
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conformance with other applicable plans, codes and regulations. Further, <br /> agreement by the City to such construction, work or activity shall not in any <br /> manner be considered as imposing any obligation, duty or liability upon the City as <br /> to the safety or propriety of such construction, work or activity. <br /> Section 7: The City is hereby authorized to cut, trim and remove any and <br /> all brush, trees, other vegetation or debris upon the herein easement and the City <br /> has the right of access across adjacent properties for such purposes. The City is <br /> also authorized to cut, trim and remove any and all brush, trees, other vegetation <br /> and debris on property adjacent to the easement which, in the City's reasonable <br /> judgment, constitutes a hazard to the easement and the City has the right of <br /> access across adjacent properties for such purposes. <br /> Section 8: In the event any improvements are placed in/on the herein <br /> described easement or anything is constructed in/on the easement without the <br /> written approval of the City Engineer first having been obtained, all such activity <br /> shall cease upon request of the City Engineer, and any and all improvements <br /> placed thereon without the written agreement of the City Engineer shall be <br /> removed. In the event prior approval is not obtained, the City is hereby <br /> authorized to remove any and all improvements placed or constructed thereon and <br /> the City, its officers, employees and agents are hereby held harmless from <br /> damage caused to said improvements from removal thereof. The City is hereby <br /> authorized to charge for any and all costs incurred by the City in removing the <br /> improvements. This right is in addition to any other right the City may have at <br /> law or in equity. <br /> Section 9: If any provision of this ordinance shall be declared <br /> unconstitutional or invalid by any court of competent jursidiction, it shall be <br /> conclusively presumed that this ordinance would have been enacted without the <br /> provision so held unconstitutional or invalid and the remainder of this ordinance <br /> shall not be affected as a result of said part being held unconstitutional or invalid. <br /> -3- <br />
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