1976 Ordinances - Laserfiche WebLink

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Virginia, or unreasonably interfere with the use of any street by the public or constitute a hazard to such street, upon the following conditions: That such encroachment permit is revocable at the pleasure of the City Council or their designee. That the owner apply in writing to the City Manager for a permit to allow the encroachmentF in form satisfactory to him to which shall bE attached a plat of a survey made of the encroachment by a person approved by the City Manager. That the owner obtain the permit from the City Manager in which the owner, for himself, his heirs, devisees, successors and assigns shall agree to in- demnify, keep and hold the City free and harmless from liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from such encroachment and the maintenance, operation and removal thereof; and in the event that any suit or proceeding shall be brought against the City, at law or in equity, either inde- pendently or jointly with such owner on account there- of, the owner will defend the City in any such suit or proceeding at the cost of the owner; and in the event of a final judgment or decree being obtained against the City, either independently or jointly with the o%zaer, then the o~er will pay such judg- ment or comply with such decree with all costs and expenses of whatsoever nature and hold the City harm- less therefrom. That the encroachment is permitted subject to the provisions and conditions contained in Section 2.09 of the Charter. (d) It shall be unlawful for any person to cause an encroachment to exist in any street except as permitted at law. Persons violating this provision will be punished as a Class 2 misdemeanor. Adopted by the Council of the City of Portsmouth, at a meeting held August 24, 1976. Teste: City Clerk -2-