[HISTORY: Adopted by the City Commission of the City of Royal Oak 11-15-1954 by Ord. No. 792. Amendments noted where applicable.]
[Amended 10-5-1987 by Ord. No. 87-13]
The City of Royal Oak, Michigan, a municipal corporation hereinafter referred to as the "City," does hereby grant to the Southeastern Oakland County Water Authority, a public corporation hereinafter referred to as the "Authority," permission to construct, use, maintain, replace and/or repair water mains and appurtenances, in the following highways in said City, to wit:
The Authority before constructing the said water mains shall file plans showing the size and location of said mains and appurtenances with the City Engineer;
The Authority shall do all excavating and other work in connection with the construction, maintenance and repair of said water mains in a careful and workmanlike manner so as to cause as little inconvenience as possible to the City and the users of said highways;
The Authority after making any excavation in the City shall restore the surface of all highways and also all sidewalks, pavements and other improvements and all property, both public and private, so that they will be in as good condition as they were previous to such excavation;
The Authority shall not disturb any underground work now existing, such as water mains, sewers, and other such improvements, which are owned by the City or other public corporation, without first obtaining the consent of such owner, and in event of such changes the same shall be made in the manner directed and required by such owner and the entire cost and expense thereof shall be borne by the Authority; provided that, as to changes in such improvements belonging to the City, the City Engineer may act for the City;
The Authority shall hold the City harmless against all damages resulting from the construction, use, maintenance and repair of said water mains and appurtenances;
The City will endeavor to keep other underground utility facilities at least five feet distant from those of the Authority.
Where a public highway is named above as the terminus for any water main, the permission herein granted shall be deemed to extend across such part of the highway as the Authority may deem necessary.
This permit, and those granted by other constituent members of the Authority, is given so that the Authority may furnish water to such members, and the advantages accruing to this City from having such a source of water supply available are hereby declared fair compensation for the permission herein granted.
This chapter shall inure to the benefit of and be binding upon the City and the Authority, and their respective successors and assigns, provided they are public corporations; and that the permission herein granted shall not be revocable so long as said water mains shall be a part of the Authority's water supply system or that of a successor or assignee public corporation.