07-12-2021 Council Packet - Laserfiche WebLink

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Created: 2021-05-05 16:16:04 [EST] (Supp. No. 19, Update 2) Page 4 of 6 1 of each calendar year of the term of the license. Failure to pay the license fee by April 1 sha ll result in 109 the termination the license agreement. 110 In the event the licensee paid a license fee at the beginning of the term, and the license is terminated, the 111 city may refund a prorated amount of the license fee, based on the number of years remaining at the time of 112 refund request, unless the licensee owes the city for costs and expenses as outlined in the license 113 agreement. 114 (Ord. No. 239 3rd series, § 1, 3-9-2020) 115 116 Sec. 38-9065. Terms of license for Big Island dock sites. 117 Dock sites on Big Island are offered to provide dockage opportunity for inland lots to access their property 118 via public right of way. Before a dock license is issued for Big Island dock sites, the applicant must sign a license 119 agreement containing the following terms and conditions and other provisions as the council may require. 120 (1) Rights and liabilities. The Licensee shall be permitted to use the Property for the purposes described in 121 this License Agreement and shall not use the Property for any other purposes. In addition to the 122 provisions of this section, all dock license sites shall fully comply with LMCD regulations and all 123 applicable state laws and regulations. 124 (2) Indemnification. Dock license holders shall be solely responsible for the dock license site and all 125 activities thereon. The license holder shall indemnify, defend, and hold the city, its officers, boards, 126 commissions, agents, and employees harmless from and against any and all lawsuits, claims, causes of 127 action, liability, and costs, of any nature that the city may at any time, directly or indirectly, suffer, 128 sustain in any way connected with the grant of a dock license or activities on the dock license site. 129 (3) Docks. The license holder household may obtain only one license. shall maintain only one dock at the 130 dock license site. 131 (4) License plates. Dock license plates shall be issued by the city after approval of the license application. 132 The license plate must be securely fixed to the lakestreetside end of the licensed dock. License plates 133 shall be maintained by the licensee and shall remain the property of the city. 134 (5) Transferability. Big Island dock licenses may not be transferred. 135 (6) Storage Items. The license holder shall not store any accessory items at the dock site except fo r the 136 boat. The City may remove any accessory items from the dock site and treat it as abandoned property 137 in accordance with law, and all costs will be the responsibility of the last license holder for the site . 138 (7) Removal of boat. Upon termination of a dock license, the license holder must remove the boat. Any 139 item that has not been removed will be removed by the city and treated as abandoned property in 140 accordance with law and all costs will be the responsibility of the last licen se holder for that dock site. 141 (87) Dock specifications. Docks within right-of-way on Big Island will not extend more than 24 feet from the 142 Ordinary High Water Line (OHW).). The dock administrator may refer, and the city council may grant 143 exceptions where there are unusual circumstances, and such an exception will not have a detrimental 144 impact on the lake. The city council may impose conditions on any exception granted under this 145 subsection. 146 (98) Dock accessories. All dock accessories must be approved in writing prior to use at a dock site. 147 (109) Dock and Dock Site Usage. Docks and dock sites may only be used after the City places the dock on the 148 dock site. The City will endeavor to place docks on dock sites on by May April 1. The license holder shall 149 not be entitled to a prorated license fee if the City places the dock on the dock site after April May 1. 150