GENERAL PROVISIONS FOR UTILITY FACILITY ENCROACHMENT IN THE CITY OF CHAMBLEE
1. It is expressly stipulated that this permit is a license for permissive use only and the placing of facilities
upon public property pursuant to this permit shall not operate to create or vest any property rights in
holds.
2. Prior to the initiation of any work under this permit, the applicant shall determine the location of any
and all other installations for utilities upon, over or across the right–of–way and shall install, operate and
maintain the facilities in such a manner as not to damage or interfere with the operation of the existing
facilities.
3. Whenever necessary for the construction, repair, improvement, maintenance, safe and effective
operation, alteration or relocation of all or any portion of the roadway or other City/County facilities as
determined by the City of Chamblee, any of all said facilities and appurtenances authorized hereunder shall
be immediately removed from the right–of–way or reset or relocated thereon, as required by the City of
Chamblee, and at the sole expense of the Permittee unless reimbursement is authorized by separate
agreement. Should the Permittee fail to remove or relocate facilities, upon due notice from the
City/County, Permittee shall be liable for any extraordinary cost or damages incurred by the City of
Chamblee as result thereof.
4. Applicant agrees to indemnify and hold harmless the City of Chamblee and all officers, employees or
agents of the City of Chamblee or any political subdivision thereof, against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any
injury to, or the death of any persons, or from the loss of or damage to, property of any kind or nature,
when such injury, death, loss or damage arises out of the construction operation, maintenance, repair,
removal or relocation of the facilities covered by this permit.
5. The City of Chamblee, its engineers, officers or employees shall not be held responsible or liable for
injury or damage that may occur to facilities covered by this permit, or to any connection or connections
thereto, by reason of City/County maintenance and construction activities or City/County contractor or
Permittee operations. The City of Chamblee’s contractor shall not be held liable for any damage that may
occur to utility facilities if the Permittee has been notified of a construction conflict and given reasonable
time to mark or relocate its facilities but has failed to do so. The facility owner shall be responsible for
interfacing with the Utilities Protection Center (UPC) to determine notification.
6. If the City of Chamblee undertakes to improve this roadway or other City/County owned facilities, it shall
be the responsibility of the Permittee to plan with the City of Chamblee and its contractor a schedule which
will clearly set forth at which state of operations the Permittee will be required to perform any adjustment
to its facilities necessary to accommodate the City/County improvements.
7. During the initial installation or construction of facilities authorized by this permit, or during any future
repair, removal or relocation thereof or any miscellaneous operations, the Permittee shall, at all times,
maintain flagman, signs, lights, flares, barricades, and other safety devices in accordance with the Manual
On Uniform Traffic Control Devices and as may be necessary to properly protect traffic upon the roadway
and to warn and safeguard the public against injury or damage.
8. It is expressly provided that with respect to any limited access highway, the Permittee shall not have or
gain direct access, whether ingress or egress, from the main traveled way of said highway or its on or off
ramps to any facilities authorized by the permit except upon specific approval by the City of Chamblee.
9. It is the applicant’s responsibility to verify the limits of public right-of-way and perform land surveying if
necessary for location of the utility facilities authorized hereby.