§ 138-25. Erection of bridges, tunnels or similar structures across streets or alleys.

(a)

It shall be unlawful to erect a bridge, tunnel or similar structure which crosses any public street or public alley, whether above or below the surface of the right-of-way, for the purpose of providing a passageway between property or structures adjacent to the right-of-way except upon the approval and authorization of the council by ordinance and upon compliance with all applicable sections of this Code and other ordinances of the city, including this sections, as follows:

(1)

It shall be unlawful to place supports for any bridge or tunnel or any other obstructions within the public right-of-way of any street or public alley or of any portion thereof set aside for or used for sidewalk purposes.

(2)

The minimum height above or depth below street level in each instance of the construction of the bridge or tunnel shall be fixed and determined in advance by the commissioner of public works in order to provide for the safe and efficient use of the right-of-way for public transportation purposes.

(3)

The maximum outside width and height dimensions of each bridge or tunnel shall be as fixed and determined in advance by the commissioner of public works in order to provide for the safe and efficient use of the right-of-way for public transportation purposes.

(4)

The bridge or tunnel shall be designed by an architect or an engineer licensed to practice in the state, and the plans and specifications for the bridge or tunnel presented to the city for approval shall bear the architect's or engineer's official registration seal thereon. The plans and specifications shall be submitted to the commissioner of public works, the director, bureau of buildings and the urban design commission for their written recommendations before the council shall consider approval thereof.

(5)

The outside appearance of any bridge permitted by this section shall not detract from the adjoining buildings or the neighborhood, and no articles of any nature, other than lighting fixtures, shall be permitted to be suspended from the outside of the bridge.

(6)

It shall be unlawful to display or place any advertisements or mercantile displays upon or attached to any outer surface of the bridge or placed upon or attached to any window or glass-like surface of the bridge so as to be visible from outside.

(b)

The granting of permission to construct any bridge or tunnel across any street or public alley shall be contingent upon the owner or, where applicable, lessor and lessee of the property or structures between which the bridge or tunnel is to be constructed entering into an agreement with the city, which shall be executed by all the parties prior to the issuance of any building permit therefore and the covenants of which shall include, at a minimum, the following:

(1)

The owner, lessor or lessee shall remove the bridge or tunnel within 90 days after the commissioner of public works directs the bridge or tunnel to be removed without cost to the city, following the commissioner's determination that such removal is required for the safe and efficient use by the public of the right-of-way for transportation purposes.

(2)

The owner, lessor or lessee shall furnish and maintain a bond, at no expense to the city, with a corporate surety satisfactory to the city, to guarantee the performance of the principal in removing the bridge or tunnel as provided for in subsection (b)(1) of this section.

(3)

The owner, lessor or lessee shall pay to the city a monthly rental for the air space or subsurface space occupied by the bridge or tunnel, as follows:

a.

The monthly rental rate for all bridges or tunnels used for pedestrian transportation or utility purposes only shall be the fair market value of each such bridge or tunnel as determined by a certified general real estate appraiser selected by the chief procurement officer. A fee to cover the cost of such appraisal shall be paid by the owner, lessor or lessee. The appraisal shall be submitted to and shall be reviewed and approved by the city utilities committee before submission to the council. The monthly rate as determined by the appraiser shall be for an initial period of ten years from the execution date of the agreement and shall be subject to re-appraisal every ten years

b.

To the extent currently authorized by other applicable sections of this Code, the monthly rental rate for each bridge or tunnel used for the sale of merchandise and mercantile displays, shall be the fair market value of the space occupied by such bridge or tunnel, which rate shall be determined by a certified general real estate appraiser selected by the chief procurement officer. A fee to cover the cost of such appraisal shall be paid by the owner, lessor, or lessee. The appraisal shall be submitted to and shall be reviewed and approved by the city utilities committee before submission to the council. The monthly rate as determined by the appraiser shall be for an initial period of ten years from the execution date of the agreement and shall be subject to re-appraisal every ten years.

c.

Reserved.

(4)

The owner, lessor or lessee shall hold the city harmless from any and all claims arising out of the construction, operation, use, maintenance or removal of the bridge or tunnel and shall furnish and maintain a policy of public liability insurance satisfactory to the city, naming the city as a named insured, in an amount approved by the city's risk manager, and the agreement to hold the city harmless shall not be limited to the amount of such insurance.

(5)

The obligation to hold the city harmless against all claims arising out of the construction, maintenance, use or removal of the bridge or tunnel shall not be waived by the city's having approved the plans and specifications for the bridge or tunnel or by the city's requiring or not requiring modifications to the bridge or tunnel or by the city's requiring or not requiring maintenance of the bridge or tunnel, even though the city may be found to have been negligent as a matter of law because of its action or failure to act in regard thereto.

(6)

All parties required for the execution of such agreement shall be signatories thereto, as evidenced by a title certificate of an attorney licensed to practice law within this state, which title certificate sets forth the name and address of the owner of the property or structures to be connected by the bridge or tunnel and the names and addresses of the lessors and lessees of the property or structures, together with sufficient information as to the terms of any leases of the property or structures, and the corporate names of any parties.

(7)

The owner, lessor or lessee shall determine the location of all public utilities and all utilities of the city in the area where the tunnel or bridge is to be constructed and shall make arrangements for the removal or relocation of those utilities, if necessary, all at such person's own expense and at no expense to the city.

(c)

This section shall apply to all rentals of air space or subsurface space above or below the public right-of-way for bridges and tunnels and supersede the procurement and real estate code in chapter 2, article X to the extent of any conflict.

(Code 1977, § 9-3008; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2008-18(06-O-1947), §§ 1—3, 3-25-08)