§ 804. Restrictions and conditions.

The following restrictions and conditions shall be made a part of the grant of use of the storm sewer easement inuring to the benefit of the City for construction of a building or structure over, upon or in a storm sewer easement:

A.

No building or structure shall be constructed upon a storm sewer easement so as to interfere with pedestrian or vehicular traffic along public rights-of-way, streets, alleys or sidewalks;

B.

No maintenance costs shall be paid by the City of Tulsa; and the City shall bear no cost of future maintenance of that portion of the storm sewer easement upon which a building or structure is constructed; such maintenance shall be the exclusive responsibility of the property owner;

C.

No liability for property damage or personal injury arising out of the construction, installation or maintenance of the building or structure constructed upon, over or in the storm sewer easement shall attach to the City as a municipal corporation;

D.

Permission for the construction of a building or structure shall be authorized as herein provided without waiving any privileges or rights in favor of the City in, to or under the storm sewer easement land, nor shall there be a waiver of any privileges or rights previously acquired by any of the agents, servants or employees of the City, including utility companies;

E.

In the event it becomes necessary for any public purpose, including construction, installation, maintenance, repair or discontinuance of utilities over, upon or in the storm sewer easement land occupied by a building or structure, to remove the building or structure for the reason that it interferes with the private privileges or rights of the City, its agents, servants and employees, including utility companies, the building or structure shall be removed by the owner of the building or structure; in the event the removal is not accomplished as herein provided, the building or structure may be removed by the City, its agents, servants or employees, including utility companies or independent contractors, at the expense of the person who is the owner of the building or structure;

F.

The owner of the building or structure shall agree to defend any and all claims, liabilities, suits at law or equity brought against the City of Tulsa resulting from the operation, construction, installation or maintenance of such building or structure by the property owner or third parties, and shall further agree to indemnify the City for any damages suffered as a result thereof;

G.

Any agreement entered into by the Director, as herein provided, for the construction of a building or structure over a public storm sewer easement, shall run with the land and be binding on the grantees, assigns, successors and heirs, and shall be recorded in the Office of the County Clerk of the county in which the property is located, with all recording costs to be borne by the property owner; and

H.

The Director shall, as a condition of any such agreement, make such reasonable requirements as will protect the safety, health and welfare of the public, including requirements relating to the construction, installation, maintenance or discontinuance of any existing or contemplated storm sewers to be located in the area to be used and further including any and all requirements established by ordinance.

(Ord. Nos. 10913, 17285)