[Ord. No. 12.898 §1, 1-22-2013]
A.
It shall be the policy of the City to authorize use of the rights-of-way
in a manner that minimizes interference to the public use and minimizes
the burden on the rights-of-way physically and aesthetically to the
full extent permitted by law. Any use of the rights-of-way by any
person shall be subject to the terms and conditions hereof, in addition
to all applicable Federal, State or local requirements, and nothing
herein shall be enforced or interpreted to contravene any superseding
law, including but not limited to Section 67.1830 RSMo., et seq.,
to the extent applicable to any given circumstance.
B.
The right granted to a person to use the rights-of-way is limited
to the use that the person has filed with the City and approved in
accordance with this Article. These rights shall grant non-exclusive
use only to that person except where otherwise provided herein or
when expressly authorized by the City.
[Ord. No. 12.898 §1, 1-22-2013]
The following definitions shall apply to this Section, except
that where the definitions set forth in Section 67.1830, RSMo., as
may be amended, are required by law to apply to specific uses of the
rights-of-way, such definitions shall apply to such circumstances.
The Board of Aldermen of the City of California, Missouri.
The City of California, Missouri, a municipal corporation
and any duly authorized representative.
The authorization required to make excavations for the construction,
installation, repair or maintenance of any type of facility within
the rights-of-way.
Any significant work for the construction, installation,
repair or maintenance of any type of facility within the rights-of-way
that does not involve excavation but will require traffic lanes are
to be obstructed for more than four (4) hours, manhole covers or safety
barriers removed or altered, or temporary or other barricades to be
installed.
The authorization required to do facilities maintenance.
All/any lines, pipes, irrigation systems, wires, cables,
conduit facilities, poles, towers, vaults, pedestals, boxes, or other
equipment owned or controlled by an entity other than the City.
Any subdivision of the governments within the United States
of America.
An excavation permit or an obstruction permit.
An individual, person or body natural or corporate.
The Missouri Public Service Commission.
Any easement for utilities, access, or other use dedicated
to the City or in the name of the City irrespective of whether the
easement is held in trust by the City for private and public users
and regardless of whether private utilities or others in addition
to or other than the City are actually using the easements.
Any public project undertaken by the City for the public
good.
Any real property owned by the City not used as rights-of-way
or considered to be rights-of-way.
A person providing service within the City that does not
have its own facilities in the rights-of-way, but instead uses the
rights-of-way by interconnecting with or using the network elements
of another ROW-user utilizing the rights-of-way, and/or by leasing
excess capacity from a ROW-user.
Returning the rights-of-way surface to its original condition,
or better.
The area on, below or above a public roadway, highway, street
or alleyway in which the City has an ownership interest, and including
such adjacent areas of such public ways within such ownership interest
as made available by the City for rights-of-way use herein, but not
including:
Easements obtained by utilities or private easements in platted
subdivisions or tracts;
Railroad rights-of-way and ground utilized or acquired for railroad
facilities; or
Poles, pipes, cables, conduits, wires, optical cables, or other
means of transmission, collection or exchange of communications, information,
substances, data, or electronic or electrical current or impulses
utilized by a utility owned or operated by a governmental entity pursuant
to Chapter 91, RSMo., or pursuant to a charter form of government.
Such persons and entities maintaining, constructing or installing facilities in the public rights-of-way of the City unless otherwise expressly exempted by law. The term shall not include persons only using the rights-of-way for incidental uses authorized pursuant to Section 510.320(A)(3) to the extent as may be exempted or limited by the terms of such approval. The term also shall not include the City; provided, that the City shall nevertheless comply with all such requirements applicable to ROW-users to the extent such compliance is otherwise required by applicable State or Federal law.
The City Clerk of the City of California, who shall be the
principal City official responsible for administration of this Article,
or his/her designee.
[Ord. No. 12.898 §1, 1-22-2013]
A.
Agreement Or Franchise Required. Except when otherwise
authorized by applicable law, no ROW-user may construct, maintain,
own, control, or use facilities in the rights-of-way without a franchise
or ROW agreement with the City as provided herein. All such franchises
and agreements shall be approved by ordinance of the Board on a non-discriminatory
basis, provided that the applicant is in compliance with all applicable
requirements. Such franchises and agreements shall be deemed to incorporate
the terms of this Article and other applicable laws of the City, except
as may be expressly stated in such agreements and franchises. Reseller
service providers shall not be required to obtain a franchise or agreement
but shall be required to register with the City on forms provided
by the City prior to providing service.
1.
Franchise. A franchise shall be required from
the City in conformance with all applicable franchise procedures for
any ROW-user seeking to use the rights-of-way for purposes of providing
or distribution of electricity, gas, water, steam, lighting, or sewer
public utility service in the City, except where otherwise provided
by law. Such franchise may be granted only after satisfaction of all
applicable procedural or substantive requirements established by City
Code or other law.
2.
ROW agreement. A ROW agreement shall be required with the City for all ROW-users not set forth in Subsection (A)(1), irrespective of any state licensing, franchise or certificate that may also be held by the ROW-user, except as otherwise required herein or by law. Such agreements shall conform to all applicable law, but shall not be subject to procedures applicable to franchises, and the City may, if appropriate, approve form agreements that may be executed by the ROW Administrator after approval by the Board.
3.
Incidental uses. Incidental uses of the public
rights-of-way may be permitted without a franchise or ROW agreement
pursuant to a permit or license issued by the ROW Administrator. The
ROW Administrator may establish such application, requirements and
conditions applicable to such uses consistent with the purposes of
this Article or as otherwise established by law.
B.
Franchises And Agreements Non-Exclusive. The authority
granted by the City in any agreement or franchise shall be for non-exclusive
use of the rights-of-way. The City specifically reserves the right
to grant, at any time, such additional agreements or other rights
to use the rights-of-way for any purpose and to any other person,
including itself, as it deems appropriate, subject to all applicable
law. The granting of an agreement or franchise shall not be deemed
to create any property interest of any kind in favor of the ROW-user.
C.
Lease Required For Public Lands. Unless otherwise
provided, use or installation of any facilities in, on or over public
lands of the City not constituting rights-of-way shall be permitted
only if a lease agreement or other separate written approval has been
negotiated and approved by the City with such reasonable terms and
conditions as the City may require.
D.
Transferability. Except as provided in this Article
or as otherwise required by law, no franchise, agreement or permit
may be transferred without the written application to and consent
of the City based on the requirements and policies of this Article
and only after satisfaction of all applicable procedural or substantive
requirements established by City Code or other law. The City shall
not unreasonably withhold its consent to transfer as provided herein,
but any costs incurred by the City shall be paid by the applicant.
E.
Application For Franchise Or Agreement Required.
1.
Application. An application for franchise or
ROW agreement shall be presented to the ROW Administrator in writing
and shall include all such information as is required by this Section.
The ROW-user shall be responsible for accurately maintaining the information
in the application during the term of any franchise or agreement and
shall be responsible for all costs incurred by the City due to the
failure to provide or maintain as accurate any application information
required herein.
2.
Application fee. An application fee for such
agreement or franchise shall be submitted to the City in the amount
of two thousand five hundred dollars ($2,500.00) or as otherwise established
by the ROW Administrator to recover any actual costs anticipated and
incurred by the City in reviewing, documenting, or negotiating such
agreement or franchise, including reasonable legal fees and costs
to review compliance of the applicant and any initial proposed facilities
and uses, provided that no costs, if any, of litigation or interpretation
of RSMo. §§ 67.1830 or 67.1832, shall be included if
such inclusion is prohibited by law as to that applicant. If the actual
costs are thereafter determined to be less than the application fee,
such amount shall be returned to the applicant after written request
therefrom; if the actual costs reasonably exceed the application fee,
the applicant shall, after written notice from the City, pay such
additional amount prior to issuance by the City of any final approval.
Nothing herein shall be construed to prohibit the City from also charging
reasonable compensation for use of the public rights-of-way where
such a fee is not contrary to applicable law.
3.
Application form. A ROW-user shall submit a
completed application for franchise or ROW agreement on such form
provided by the City, which shall include information necessary to
determine compliance with this Article.
4.
Approval process. After submission by the ROW-user
of a duly executed and completed application and application fee,
and executed franchise or ROW agreement as may be provided by the
ROW Administrator, or as modified by the ROW Administrator in review
of the specific circumstances of the application, all in conformity
with the requirements of this Article and all applicable law, the
ROW Administrator shall submit such franchise or agreement to the
Board for approval. Upon determining compliance with this Article,
the Board shall authorize execution of the franchise or agreement
(or a modified agreement otherwise acceptable to the City consistent
with the purposes of this Article), and such executed franchise or
agreement shall constitute consent to use the public rights-of-way;
provided, that nothing herein shall preclude the rejection or modification
of any executed franchise or agreement submitted to the City to the
extent such applicable law does not prohibit such rejection or modification,
including where necessary to reasonably and in a uniform or non-discriminatory
manner reflect the distinct engineering, construction, operation,
maintenance, public works or safety requirements applicable to the
applicant.
F.
No Cause Of Action. A ROW-user shall have no damages
remedy or monetary recourse whatsoever against the City for any loss,
cost, expense, or damage arising from any of the provisions or requirements
of any franchise or agreement, or from the use of the rights-of-way,
and any use of the rights-of-way shall be deemed subordinate to the
primary public use by the City. Nothing herein shall preclude injunctive
or declaratory judgment relief where such relief is otherwise entitled
under law and the requirements therefor are otherwise satisfied; provided,
however, that the validity of an executed franchise or agreement shall
not be subject to challenge. All franchises and ROW agreements shall
be deemed to incorporate and accept all provisions of this Article
unless as expressly provided to the contrary.
[Ord. No. 12.898 §1, 1-22-2013]
A.
Excavation Permit. No person shall make an excavation within the rights-of-way without first obtaining an excavation permit pursuant to Article III of this Chapter. All excavation permits shall expire after sixty (60) days from the date of issuance, unless otherwise specified in the permit.
B.
Facilities Maintenance Permit (ROW Obstruction In Excess
Of Four (4) Hours). No person shall perform facilities maintenance within the rights-of-way without first obtaining a facilities maintenance permit from the ROW Administrator, except where such facilities maintenance is expressly authorized by an existing valid excavation permit for the applicable maintenance location. In addition to the conditions set forth in Section 510.340 below, conditions of a facilities maintenance permit shall be as established in the permit. The ROW Administrator may establish a facilities maintenance permit fee to recover the City's cost in issuing and administering a facilities maintenance permit. All facilities maintenance permits shall expire after sixty (60) days from the date of issuance, unless otherwise specified in the permit.
C.
Emergencies. In case of emergency requiring immediate
attention to remedy defects, and in order to prevent loss or damage
to persons or property, it shall be sufficient that the person making
such excavation or facilities maintenance obtain the necessary permit
as soon as possible and may proceed without a permit when such permit
cannot be obtained before starting such excavation or facilities maintenance.
Notice to the City of the emergency shall be provided at the earliest
possible time, and a permit shall be obtained as soon as reasonably
possible, or as otherwise directed by the City. Notwithstanding any
other time frame or provision herein, a ROW-user shall comply with
any order of the City relating to an emergency as may be reasonably
deemed necessary for the City to address the emergency situation.
D.
Applicable Regulations. All ROW-users and persons obtaining an excavation permit shall be subject to the permit conditions in Section 510.340 herein and all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its Police power and are subject to all applicable laws, orders, rules and regulations adopted by governmental entities now or hereafter having jurisdiction. In addition, the ROW-users shall be subject to all technical specifications, design criteria, policies, resolutions and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its Police power relating to permits and fees, sidewalk and pavement cuts, utility location, construction coordination, surface restoration, and other requirements on the use of the rights-of-way. All persons obtaining a permit shall provide the ROW Administrator certificates of insurance showing proof of liability coverage, as required herein.
E.
Stop Work Orders. Any ROW-user found to be working
without a permit, failing to provide for required safety and traffic
control measures, or otherwise violating any requirements herein,
may be directed to stop work until the necessary permit is obtained,
the appropriate measures are implemented, or violations are discontinued
or remedied in accordance with this Article.
[Ord. No. 12.898 §1, 1-22-2013]
A.
The following conditions shall apply to all excavations and to all
permits issued under this Chapter unless specifically stated otherwise
in the permit:
1.
City specification; applicable codes. All excavations shall comply with the provision of Articles II and III of this Chapter 510, as may be amended from time to time. A ROW-user shall perform all excavations in full compliance with all applicable engineering codes adopted or approved by the City and in accordance with applicable Statutes of the State of Missouri, and the rules and regulations of the PSC and any other local, State or Federal agency having jurisdiction over the parties. A ROW-user shall be responsible for all excavations and facilities maintenance done in the rights-of-way pursuant to its permit, regardless of by whom work is done.
2.
Permit-specific conditions. Each permit shall
be deemed to incorporate the provisions of this Article as permit
conditions. The ROW Administrator may also impose reasonable conditions
upon the issuance of a permit and the performance of the ROW-user
in order to protect the public health, safety and welfare, to ensure
the structural integrity of the rights-of-way, to protect the property
and safety of other users of the rights-of-way, and to minimize the
disruption and inconvenience to the traveling public.
3.
Responsible for costs. A ROW-user shall be
responsible for all reasonable costs borne by the City that are directly
associated with a ROW-user's permit or use of the rights-of-way
thereunder.
4.
Stop work orders. Except in cases of an emergency
or with approval of the ROW Administrator, no excavation or facilities
maintenance may be done in violation of a stop work order issued by
the ROW Administrator if in his or her determination conditions are
unreasonable based on standard engineering and construction practices.
5.
Responsible for subcontractors. If excavation
or facilities maintenance is being done for the ROW-user by another
person, a subcontractor or otherwise, the ROW-user shall be responsible
for ensuring that the work of said person is performed consistent
with its permit and applicable law and shall be responsible for promptly
correcting acts or omissions by said person.
6.
Minimum impact required; no interference. The
ROW-user shall, in the performance of any excavation or facilities
maintenance required for the installation, repair, maintenance, relocation
and/or removal of any of its facilities, limit all excavations or
facilities maintenance to that necessary for efficient operation and
so as not to interfere with other users of the rights-of-way. A ROW-user
shall not disrupt rights-of-way such that the natural free and clear
passage of water through the gutters or other waterways is interfered
with. No person may park private vehicles within or next to the excavation
area, except for such areas which may be designated and marked as
safe areas for vehicle parking in accordance with an approved traffic
control plan.
7.
Barricades and safety devices. The ROW-user
assumes the sole responsibility for maintaining proper barricades,
plates, safety fencing and/or lights as required from the time of
opening of the excavation until the excavation is surfaced and opened
for travel or during any facilities maintenance. All excavations shall
be barricaded in such a manner as to protect both pedestrians and
vehicular traffic. Such excavations and barricades shall be lighted
at night with danger signals in such a manner that all traffic may
be warned of the existence and location of such excavations and barricades.
All traffic control devices shall be in compliance with the current
version of the Manual of Traffic Control Devices (MUTCD), unless otherwise
agreed to by the City. All surplus excavation materials, tools or
supplies at the site shall be barricaded and lighted at night in the
manner described in this Section. No open excavation may be left in
the pavement area without placing street plates over the opening.
8.
Traffic control. The ROW-user shall be responsible
for providing adequate traffic control to the surrounding excavation
or facilities maintenance area as determined by the ROW Administrator.
In the event work under a permit is not completed in a reasonable
period of time, the ROW-user may be liable for actual damages to the
City for delay caused by the ROW-user pursuant to this Article.
9.
Hours of activity. The ROW-user shall perform
excavations and facilities maintenance on the rights-of-way at such
times that will allow the least interference with the normal flow
of traffic and the peace and quiet of the neighborhood, and shall
not work between the hours of 10:00 P.M. and 6:00 A.M., unless expressly
authorized in a permit.
10.
Location of facilities; undergrounding. Except
as provided herein, all facilities constructed after the date of this
Article shall be placed underground, except facilities may be located
above ground if approved by the ROW Administrator for good cause or
as may otherwise be specifically authorized in a franchise or ROW
agreement consistent with law. Aboveground facilities may be installed
if approved by the ROW Administrator where alternative underground
facilities are not technically or economically feasible, or where
the imposition of such additional costs of undergrounding on the ROW-user
are precluded by applicable law.
11.
Guarantee of work. Every person to whom an
excavation permit has been granted shall guarantee for a period of
four (4) years the restoration of the rights-of-way in the area where
such person conducted an excavation and performed the restoration.
Such person shall guarantee and pay for the restoration of the rights-of-way
against sagging, buckling, deterioration and other premature failures
of the restoration.
12.
Tree trimming. A ROW-user shall neither remove,
cut, nor damage any trees, or their roots, in and along the rights-of-way
of the City except as authorized by the City pursuant to an approved
tree-trimming plan authorized by a permit. Tree trimming and pruning
may be permitted to occur only after prior written notice to the City
of the extent of trimming and pruning to be performed and the prior
written approval thereof by the City.
[Ord. No. 12.898 §1, 1-22-2013]
Permits issued shall be available by the ROW-user at all times
at the indicated work site and shall be available for inspection by
the ROW Administrator, other City employees and the public.
[Ord. No. 12.898 §1, 1-22-2013]
A.
Except as provided in this Section, each ROW-user shall provide,
at its sole expense, and maintain during the term of an agreement
or franchise, commercial general liability insurance with a reputable,
qualified, and financially sound company licensed to do business in
the State of Missouri, and unless otherwise approved by the City,
with a rating by Best of not less than "A," that shall protect the
ROW-user, the City, and the City's officials, officers, and employees
from claims which may arise from operations under an agreement or
franchise, whether such operations are by the ROW-user, its officers,
directors, employees and agents, or any subcontractors of the ROW-user.
This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury
and damage to property, resulting from all ROW-user operations, products,
services or use of automobiles, or construction equipment. The amount
of insurance for single limit coverage applying to bodily and personal
injury and property damage shall be in no event less than the individual
and combined sovereign immunity limits established by Section 537.610,
RSMo., for political subdivisions; provided, that nothing herein shall
be deemed to waive the City's sovereign immunity. An endorsement
shall be provided which states that the City is listed as an additional
insured and stating that the policy shall not be canceled or materially
modified so as to be out of compliance with the requirements of this
Section, or not renewed without thirty (30) days' advance written
notice of such event being given to the ROW Administrator. If the
person is self-insured, it shall provide the City proof of compliance
regarding its ability to self-insure and proof of its ability to provide
coverage in the above amounts.
B.
A ROW-user shall at all times during the term of an excavation permit,
and for four (4) years thereafter, maintain a performance and maintenance
bond in a form approved by the City Attorney. The amount of the bond
will be five thousand dollars ($5,000.00) or the value of the restoration
as determined by the ROW Administrator, whichever is greater, for
a term consistent with the term of the permit plus four (4) additional
years, conditioned upon the person's faithful performance of
the provisions, terms and conditions conferred by this Chapter. Alternatively,
unless otherwise established in the excavation permit, an annual bond
in an amount of fifty thousand dollars ($50,000.00) automatically
renewed yearly during this period shall satisfy the requirement of
this Section. The City shall be entitled to recover under the terms
of such bond the full amount of any loss and damage occasioned from
violation of the excavation permit or provisions of this Article.
C.
A copy of the liability insurance certificate and performance and
maintenance bond must be on file with the City Clerk. The insurance
and bond requirements in this Section or otherwise shall not apply
to a ROW-user to the extent and for such period during an agreement
or franchise as a ROW-user is exempted from such requirements pursuant
to Section 67.1830(6)(a), RSMo., and has on file with the City Clerk
an affidavit certifying that the ROW-user has twenty-five million
dollars ($25,000,000.00) in net assets and is otherwise therefore
so exempted unless otherwise provided by agreement or franchise. The
City reserves the right to waive any and all requirements under this
Section when deemed to be in the public interest.
[Ord. No. 12.898 §1, 1-22-2013]
A.
A ROW-user shall promptly remove, relocate or adjust any facilities
located in the rights-of-way or in public easements as directed by
the ROW Administrator for a public improvement or as necessary to
eliminate a threat to public safety. Such removal, relocation or adjustment
shall be performed by the ROW-user at the ROW-user's sole expense
without expense to the City, its employees, agents, or authorized
contractors and shall be specifically subject to rules, regulations
and schedules of the City pertaining to such. The ROW-user shall proceed
with the removal, relocation, or adjustment of facilities with due
diligence upon notice by the ROW Administrator to begin removal, relocation,
or adjustment. Where the ROW-user facilities are located in whole
or in part in private easements, the ROW-user shall promptly relocate
the facilities if the City has agreed to compensate the ROW-user,
through the condemnation, purchase process, or other reasonable means
for the cost of relocation of the ROW-user's facilities.
B.
The City shall provide the ROW-user with written notice of required
relocations or adjustments, the anticipated bid letting date, if any,
of the public improvement, and notice of the deadline for completion
of the relocations or adjustments. The ROW-user shall respond within
ten (10) days with any conflicts and a proposed construction schedule
for relocation to be completed in not more than sixty (60) days from
date of the notice to the ROW-user, unless such other schedule is
requested and reasonably approved by the ROW Administrator. If facilities
cannot be fully relocated within rights-of-way, the ROW-user shall
be responsible at its own cost to obtain alternative locations to
timely relocate its facilities.
C.
If any facilities are not relocated in accordance with this Section,
the City or its contractors may relocate the facilities after notice
to the ROW-user. The ROW-user and its surety shall be liable to the
City for any and all costs incurred by the City. In the event the
ROW-user is required to move its facilities in accordance with this
Section, any ordinary permit fee shall be waived. Failure to comply
with the relocation schedule set by the ROW Administrator shall be
a separate violation for each day subject to penalties as provided
for violation of this Article.
[Ord. No. 12.898 §1, 1-22-2013]
Whenever the City may perform any excavation or other work within
the rights-of-way and the ROW Administrator reasonably believes that
visual location and identification of a ROW-user's facilities
is necessary to perform the work of the City without damaging a ROW-user's
facilities and to protect the public health, safety, and general welfare,
the grantee shall, within forty-eight (48) hours of a request from
the City, at no cost to the City locate and dig up the existing facilities
in a manner sufficient to allow the City to perform its work and then
re-cover the facilities and restore the rights-of-way.
[Ord. No. 12.898 §1, 1-22-2013]
A.
A person owning abandoned equipment or facilities in the rights-of-way
must remove its facilities and replace or restore any damage or disturbance
caused by the removal at its own expense. The ROW Administrator may
allow underground facilities or portions thereof to remain in place
if the ROW Administrator determines that it is in the best interest
of public health, safety, and general welfare to do so.
B.
Abandoned equipment or facilities are deemed to be a nuisance. The
City may exercise any remedies or rights it has at law or in equity,
including, but not limited to:
C.
The City may send a written notice to the owner of abandoned equipment or facilities, requesting such owner to remove the abandoned equipment or facilities within thirty (30) days of date of the written notice. If the owner of the abandoned equipment or facilities does not remove the abandoned equipment or facilities as requested in the written notice, the Board may conduct a public hearing at which all interested parties shall be entitled to be heard. If the Board finds that the facilities are in fact abandoned equipment or facilities, the Board may at its sole discretion avail itself of any such remedy provided in Subsection (B) above.
[Ord. No. 12.898 §1, 1-22-2013]
Unless otherwise provided herein or by any other governing ordinance
or law, any person aggrieved by a decision, fee or requirement established
or made pursuant to this Article shall, prior to seeking any judicial
or statutory relief, if any, file a written appeal of any such decision,
fee or requirement with the Board within fifteen (15) days of such
decision or imposition of such fee or requirement, specifying this
provision and including specific details of the alleged claim or grievance,
and an evidentiary hearing shall be held on such appeal by the Board
or its designee to render a final decision. Nothing herein shall deny
or preclude any additional applicable appeal remedy that may be granted
by Federal or State law after such final decision.
[Ord. No. 12.898 §1, 1-22-2013]
As a condition of use of the rights-of-way, the ROW-user at
its sole cost and expense shall indemnify, protect, defend (with counsel
acceptable to the City) and hold harmless the City, its elected officials,
officers, employees and agents from and against any and all claims,
demands, losses, damages, liabilities, fines, charges, penalties,
administrative and judicial proceedings and orders, judgments, remedial
actions of any kind and all costs and expenses of any kind, including,
without limitation, reasonable attorneys' fees and costs of defense
arising, directly or indirectly, in whole or in part, out of the fact
that the City approved an agreement or franchise with the ROW-user,
the rights granted to the ROW-user or the activities performed or
failed to be performed by the ROW-user under the agreement or use
of the rights-of-way or otherwise, except to the extent arising from
or caused by the sole or gross negligence or willful misconduct of
the City, its elected officials, officers, employees, agents or contractors.
This indemnification shall survive the expiration or termination of
any agreement or use of the rights-of-way for a period of five (5)
years after the effective date of expiration or termination.
[Ord. No. 12.898 §1, 1-22-2013]
In addition to any other penalties and remedies for violations that may exist in law or equity, any person that violates any provision of this Article shall be subject to such penalties as set forth in Section 100.040 of the City Code and including a fine of up to five hundred dollars ($500.00) per day for each and every day the violation exists or continues.
