§ 26-212. Work on private property.

The city will clean, repair or construct stormwater drainage facilities on private property only when there is imminent public danger as determined by the director of public works, his designee, or the city engineer or when there is some public benefit as determined by the Tupelo City Council.

The following conditions and standards apply to all such work:

(1)

Private property owners on which a stream or ditch lies or which is adjacent to that portion on which the work is to be performed must sign a form prescribed by the director of public works requesting the work and giving permission to enter the private property for such purpose. The city shall determine on what portion of the stream or ditch the work shall be performed to effectuate the efficient and safe flow of water;

(2)

All such private property owners shall be responsible for removing any obstruction, objects or vegetation that the city deems necessary or convenient to perform the work;

(3)

Private property owners shall agree to hold harmless the city and its employees, agents and/or contractors from any and all liability of any nature for personal injury, property damages, or any other form of damages arising out of the work;

(4)

The city shall be responsible for all engineering and plans for the work, including the scope of works, scheduling of work, size and type of any material necessary to perform the work;

(5)

The size of any pipe installed by the city shall be determined by public works department standards and regulations; and

(6)

This service does not constitute acceptance of responsibility by the city for the existence of particular storm drain problems or acceptance, dedication, ownership or future maintenance concerning any stream, ditch or any other private property. This service by the city is to assist private property owners with storm drainage problems, which if improved or corrected, would also have a public benefit.

In those instances where the city cleans, repairs or constructs stormwater drainage facilities on private property because of imminent public danger, the director of public works or city engineer may authorize the work as needed without approval by the city council. The director will then present the facts concerning the emergency work on private property to the city council for ratification at the next scheduled council meeting following the emergency work.

Where no imminent danger exists but the director of public works determines that stormwater drainage work should be performed on private property by the city because of a public benefit, the director shall present the facts concerning such work to the Tupelo City Council for approval prior to performing the work.

(Ord. of 7-6-04, § 1)