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No person shall use any space in any water pipe tunnel owned by the city for the purpose of installing, maintaining, or using any pipe, conduit, cable or other construction without first obtaining a permit so to do from the commissioner, and no such permit shall be issued without first being approved by the commissioner of streets and sanitation. Such permit shall not be transferred or assigned nor shall any right or privilege thereunder be transferred or assigned without the written consent of the commissioner of streets and sanitation and the commissioner.
(Prior code § 185-48; Amend Coun. J. 12-4-02, p. 99026, § 1.12)
Application for any such permit shall be in writing, stating specifically the space desired and the size of the pipe, conduit, cable or other construction which it is desired to install, together with the purpose for which said pipe, conduit, cable or other construction is to be used. It shall be discretionary with the commissioner of streets and sanitation or commissioner as to whether such permit shall be issued, and nothing herein contained shall be construed as making it obligatory upon either of said officers to issue such permit when, in the judgment of either of said commissioners, such permit should be refused for causes that he deems sufficient.
(Prior code § 185-49; Amend Coun. J. 12-4-02, p. 99026, § 1.12)
The location and installation of any such pipe, conduit, cable or other construction shall be in accordance with plans which shall first be submitted to the commissioner and commissioner of streets and sanitation for approval, and the work of installing any such pipe, conduit, cable or other construction shall be under the supervision of and to the satisfaction of the commissioner. The grantee in said permit shall at any time, upon written notice from the commissioner or commissioner of streets and sanitation so to do, make such changes or alterations in the construction and location of said pipe, conduit, cable or other construction as may be necessary in the judgment of either of said officials.
(Prior code § 185-50; Amend Coun. J. 12-4-02, p. 99026, § 1.12)
Before any such permit shall be issued, the applicant therefor shall file with the commissioner a bond in the penal sum of $10,000.00, with sureties to be approved by the said commissioner, conditioned upon the faithful observance and performance of each and every condition and provision of this chapter dealing with the use of space in water pipe tunnels and of said permit, and conditioned further to indemnify, keep and save harmless the city against all liabilities, judgments, costs, damages and expenses which may in any way come against the said city in consequence of the issuance of said permit, or which may accrue against, be charged to, or recovered from said city from, or by reason, or on account of the issuance of such permit including any damages which may result to said water pipe tunnel or any of the city property installed therein. The liability of the grantee in said permit shall in no way be limited to the amount of the bond herein provided for, but shall extend to the entire amount of such liability, cost, damage, or expense of said city. Said bond and the liability of the sureties thereon shall be kept in force throughout the life of said permit, and if at any time during the life of said permit such bond shall not be in full force, then the privileges therein granted shall thereupon cease.
(Prior code § 185-51; Amend Coun. J. 12-4-02, p. 99026, § 1.12)
As compensation for the privileges granted in such permit, the grantee shall pay to the city an annual compensation per lineal foot for the privilege granted, in accordance with the rates hereinafter set out; provided, however, that in no instance shall said annual compensation be less than $10.00.
The length of the pipe, conduit, cable or other construction shall be measured along said tunnel from center to center of shafts.
Diameter or Longest Side of Rectangle Measured Outside | Annual Rate Per Lineal Foot |
Up to 6 inches inclusive | $0.20 |
Up to 12 inches inclusive | $0.60 |
Up to 18 inches inclusive | $1.40 |
Up to 24 inches inclusive | $2.40 |
Fractional sizes not included in the above table shall be assessed at the rate for the next larger size.
The first annual payment of said compensation shall be made in advance as of the date of the issuance of said permit, and subsequent payments shall be made annually thereafter.
(Prior code § 185-52)
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