(A) The provisions of this section and §§ 152.03 through 152.06 apply to work performed in the public way and to facilities that have been placed in the public way. Noncompliance with a requirement in this section is a violation of the law and is subject to all remedies available under the law to the town.
(B) The right to perform work in the public way and the ability to maintain facilities in the public way are allowed subject to the conditions below, as supplemented by those set forth in other sections of this chapter, standards adopted by the town, and requirements contained in authorizations.
(1) The town does not warrant its legal interest in the public way. Persons doing work in the public way and users may need to obtain approvals from persons with property interests in the public way. The town routinely will consult with SGWASA concerning any activities in the public way which have the potential to impact SGWASA. Additional approvals may need to be obtained directly from SGWASA.
(2) An authorization does not grant exclusive rights to provide a service or to a particular location unless such rights are explicitly guaranteed in an authorization.
(3) The town retains all rights it may have to use all portions of the public way for any purpose not prohibited by law.
(4) An authorization does not convey any legal right, title, or interest in the public way.
(5) The town and its officials, officers, and employees are not liable for any direct, indirect, or consequential damages that result when facilities in the public way are damaged during the construction, installation, inspection, maintenance, or repair of public improvements that have received town funding or that are installed pursuant to a contract with the town.
(6) Users and persons who cause work to be done in the public way shall pay for all damage that results, directly or indirectly, from work performed for their benefit in the public way, and for the installation, repair, maintenance, and operation of their facilities in the public way.
(7) Nonenforcement of one or more provisions of an authorization does not waive the town’s right to enforce the provisions of an authorization.
(8) An authorization creates no third party rights against the town and is intended only for the benefit of the person receiving the authorization.
(9) An authorization does not limit the town’s exercise of its regulatory, police, governmental, legislative, or contracting authority. A subsequent ordinance may regulate users more strictly than is provided in prior authorizations received by such users. If an authorization conflicts with the terms of another authorization or with the town code, the stricter of the applicable provisions shall control. The stricter provision shall not control, however, if a later-issued authorization or ordinance explicitly and specifically states that particular terms are to override prior, less strict terms in an authorization.
(Ord. passed 5-1-2014)