§ 37-4. Joint use agreements and intrajurisdictional agreements.

(a)

Petitions for intrajurisdictional agreements or joint use agreements on city-owned property must be submitted to the director. Petitions relating to parks property must be submitted to the parks director, and petitions relating to airport property must be submitted to the airport director. Requests that involve a reservation or creation of property rights upon execution of the document or sale of city property shall require city council approval.

(b)

The director may process requests and may establish forms and procedures to carry out this section. Agreements under this section must either be recorded or described in a recorded memorandum of agreement. For the purposes of this section, city property does not include utility easements or public rights-of-way that utility agencies are otherwise permitted by law to use. Nothing in this section alters the rights and obligations of the city and utility agencies in street repairs, widenings, and reroutings.

(c)

If city terminates a utility agency's rights under an agreement subject to this section, the utility agency must, at its own expense, find an alternate place for its facilities and remove and relocate the facilities unless otherwise authorized by city council.

(d)

As to property in which the city owns only an easement, the petitioner need not pay more than the processing fee for the granting or release of an agreement unless otherwise required in this chapter. A director may, without council action, approve agreements conforming to this section and not impairing the city's rights in the affected area. The agreement may impose limitations on the proposed use to assure city easement rights are not interfered with and is terminable only if the use interferes with city's easement rights. Owners of the fee underlying city easements need not apply for rights under this chapter, provided that in no event may an underlying owner's use of the fee impair or interfere with the city's easement rights.

(e)

No agreement under this section grants the right to trespass on or otherwise use property in which persons other than the city have an interest. When the city does not own the fee or another owns an easement that would be affected by the joint use agreement, petitioner must get consent from the owner of all non-city interests as otherwise provided by law, however, utility agencies shall not be required to provide consent from third-party easement holders as a condition for granting the joint use agreement. The city shall have no obligation to obtain consent on behalf of applicants or utility agencies, and said applicants or utility agencies are responsible for obtaining any consent required by law.

(Ord. No. 2016-04-07-0240 , § 2, 4-7-16)