§ 24. Right of abutting property owner to construct shelter.

Abutting property owners shall have the first right and privilege to construct, operate and maintain shelters upon the public right-of-way of streets and highways of the city, at locations on or adjacent to the property of the owner. The abutting property owner shall give written notice to the council and the company of its election to construct a shelter at a given location no later than the date of the public hearing for the location of any shelter. If the abutting property owner so elects, the company may not construct a shelter at that location unless the abutting property owner consents in writing or fails to take affirmative measure to construct the shelter within ninety (90) days of its election.

By electing to exercise its aforementioned first right and privilege, the abutting owner agrees to:

(A)

Permit no advertising on the shelter.

(B)

At all times maintain insurance pursuant to the terms of Section 12 of this ordinance.

(C)

Acknowledge that its rights are subject to the police power of the city pursuant to Section 7 of this ordinance.

(D)

Defend, indemnify and hold harmless the city, its officers and employees according to the terms and conditions of Section 13 of the ordinance.

(E)

Submit all plans, specifications and drawings to the director of public works for approval prior to commencement of construction of the shelter. The director of public works shall regulate the installation of the shelters pursuant to Section 18. If the structural design of the shelter is similar to the structural design of the company's shelter, the director of public works shall require for his approval that the design, plans and engineering specifications be at least substantially equivalent in quality to those of the company's shelters.

(F)

Maintain its shelter pursuant to Section 20 of this ordinance.

In the event the abutting owner fails to comply with any of the terms and conditions hereof, the city may require the owner to remove the shelter at its own expense.

(Ord. No. 17237, § 24, 5-9-85; C.F. No. 95-516, § 24, 6-7-95; C.F. No. 05-457, § 24, 6-8-05)