(a) Upon application of the adjacent owner and upon showing that such owner’s “yard” or “lawn” extends onto public property, or upon an easement or right-of-way granted to the City for public purposes, such property owner shall be granted permission to construct improvements, such as an underground sprinkler system, on the property in question.
(b) Such improvements shall be constructed and repaired at no cost to the City and such improvements shall be so constructed as to not impede nor interfere with, in any way, the use of the sidewalks and streets by other citizens.
(c) The applicant, his successors and assigns, as a condition precedent to the approval of his or her application, shall execute a hold harmless agreement with the City, to save the City harmless from any and all damages which may arise from or grow out of the construction, repair, maintenance, operation or use of such improvement and further agree, on behalf of himself or herself, his or her successors and assigns to defend, at his or her own expense, every suit in which the City shall be made a party, brought and prosecuted for the recovery of any such damages.
(d) The applicant, shall further agree, as a condition precedent to the grant of permission to use such property, that such occupancy is permitted solely as an accommodation to the applicant, and that no right, title, or interest of the public, is waived or abridged in any way, and that upon notice, duly authorized by the Council, the applicant shall remove said improvement and shall yield to the City all rights to occupy the space used for such improvement.
(e) Said improvements shall be so constructed as not to interfere with or damage any utility facilities, and that any additional costs or expenses incurred by the City for the installation, maintenance, repair or replacement of utility services occasioned by the location of the improvement in the easement/right-of-way area be the obligation of the property owner, his or her successors or assigns.
(f) The Mayor and Auditor are hereby authorized to enter into a consent and hold harmless agreement with such property owner, conditioned upon the satisfaction of the terms of this section.
(Ord. 41-84. Passed 7-24-84.)