102-246 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Underground vault means any area or space maintained underneath the surface of any street, sidewalk or alley in the city, which space is covered over by cement, glass or any other approved covering.

(Code 1985, § 23-70)

Cross referenceDefinitions generally, § 1-2.

102-247 License required.

No person shall construct, maintain, operate or use any underground vault beneath the surface of any street, alley or sidewalk in the city without first obtaining a license from the council. The license shall be granted on the terms and conditions set forth in this article.

(Code 1985, § 23-71)

102-248 License application; investigation; report.

(a)    Before any license is granted to maintain or operate any underground vault under the streets, sidewalks or alleys of the city, the applicant shall submit a written request for such license to the department of public works and services, along with detailed plans and specifications of the proposed vault.

(b)    The department of public works and services shall thereupon make an investigation and inspection of the proposed project, its feasibility, and whether or not the project is practical. The department shall submit a written report to the council with its recommendations.

(Code 1985, § 23-72)

102-249 Public liability insurance; amount.

(a)    All licensees and all persons maintaining any underground vaults beneath any street, sidewalk or alley shall file with the clerk a policy of insurance or certificate of insurance covering public liability and also insuring the city against all claims or causes of action by reason of any accident or injuries which might arise by virtue of the existence, maintenance or operation of the underground vault.

(b)    The limits of the insurance required by this section shall be as follows:

(1)    Fifty thousand dollars for damages sustained by one person in any one accident; and

(2)    One hundred thousand dollars for all damages sustained by two or more persons in any one accident.

(Code 1985, § 23-73)

102-250 License fee; average valuation.

(a)    Any licensee given permission to construct or maintain any underground vault shall pay to the clerk a yearly license fee payable in advance, plus an annual charge computed on the basis of a stated annual rate per $1.00 equalized assessed valuation (valuation to be determined by the average equalized assessed value per square foot of abutting land) times the area of the underground vault.

(b)    The average equalized assessed valuation per square foot of abutting land for purposes of this section shall be determined by dividing the current year equalized assessed valuation of abutting land by area in square foot of the abutting land.

(c)    The city council shall, from time to time, by resolution, determine and establish the amount of the yearly license fee and the annual rate per $1.00 equalized assessed valuation, referred to in subsection (a) of this section.

(Code 1985, § 23-74)

102-251 Revocation of license; notice; expiration.

(a)    Each license granted by the council under the terms of this article shall be revocable. The licensee shall agree in writing that the license is revocable on a 90-day notice in writing given by the council. Under no circumstances will the licensee obtain any vested rights or interest of any kind whatsoever in and to the public property involved.

(b)    All licenses under this article shall expire on April 30 of each year, unless revoked by the council.

(Code 1985, § 23-75)

102-252 Removal of vault; repairs.

(a)    Any person maintaining or using any underground vault beneath any sidewalk, street or alley in the city shall obtain a license from the clerk on the terms and conditions set forth in this article. The failure of any such person to obtain a license and conform to the specifications and standards required by the city shall constitute grounds for proceedings to remove and abate the underground vault maintained, used or operated by such person.

(b)    All replacements or repairs to the underground vault shall be under the directions of the department of public works and services and at the expense of the licensee.

(Code 1985, § 23-76)

102-253 Limitation on licensing authority.

This article shall not be construed to authorize the licensing of open areaways, stairways or any other subsurface openings for use by property owners in the streets, sidewalks and alleys of the city.

(Code 1985, § 23-77)

102-254—102-275 Reserved.