The city manager is delegated authority and empowered to make final determinations in the following matters:
A. When an encroachment is discovered on public streets, rights-of-way, alleys, or property owned by the city, which extends five feet, or less, on public property, the city manager shall have the authority to approve the continuation of the encroachment for the life of the improvement creating the encroachment.
B. All encroachments approved and easements issued by the city manager shall contain the following restrictions:
1. The easement shall be granted for the surface and foundation only under the existing improvement and the area of the existing encroachment;
2. The easement shall be granted only until terminated by the city, but in no event shall it extend beyond the life of the existing improvement;
3. Grantees, their heirs, successors or assigns shall not replace existing improvements and shall not construct additional improvements upon the easement;
4. Grantees, their heirs, successors and assigns shall indemnify and hold the city harmless from any and all damages caused by the existing improvements, regardless of the nature or extent of damage;
5. Grantee, their heirs, successors and assigns shall agree to remove all improvements if directed to do so by the city;
6. Unless sooner vacated, the easement shall terminate at such time as the improvements are destroyed, removed, cease to be used as an improvement to the property, or become decayed or damaged so as to no longer be useful;
7. Grantee shall provide a survey of the encroachment area certified by a licensed land surveyor;
8. Such additional criteria, limitations and restrictions as the city manager determines to be in the best interest of the city.
C. The city manager shall have the authority to execute easements and such other documents necessary to formalize approval of an encroachment.
D. All matters relating to encroachments not delegated to the authority of the city manager by this section shall remain within the exclusive control of the city commission.
E. Any person aggrieved by a decision of the city manager may appeal that decision to the city commission for final action. (Ord. 1332-88 §2, 1988).