Title 12 Public Ways and Property
Chapter 12.02 Obstruction, Encroachment of Public Ways
Article III. Skywalks
Section 12.02.0494 Cost Apportionment Guideli
ne s
The arbitrators shall apportion the costs of construction and maintenance of conne ction to the skywalk system between the parties on the basis of the bene fit and/or detriment to each party by the proposed conne ction to the skywalk system.
Where there is a primary applicant or applicants desiring a skywalk (lead applicant) and other owne rs involved in a proposed skywalk, and where the parties are unable to agree on an appropriate sharing of costs, the lead applicant should bear the total cost of construction of any conne cting skywalk or conne cting entrance, as well as a fair and equitable sum to compensate the other parties for loss of floor space and other actual damages suffered as a result of the conne ction.
The amount to be paid to the other parties for damages due to the construction of the conne ction to the skywalk system by the lead applicant, in the case of either an intrablock conne ction or an interblock conne ction, shall be reduced by the amount of the bene fit, if any, to be derived by the other parties from the addition of the conne ction to the skywalk conne ction.
Date Passed: Monday, June 25, 2007
Effective Date: Saturday, August 4, 2007
Recodification ORD C34053 Section 1