Title 12 Public Wa ys and Property
Chapter 12.02 Obstruction, Encroachment of Public Wa ys
Article III. Skywa lks
Section 12.02.0494 Cost Apportionment Guidelines
The arbitrators shall apportion the costs of construction and maintenance of connection to the skywa lk system between the parties on the basis of the benefit and/or detriment to each party by the proposed connection to the skywa lk system.
Where there is a primary applicant or applicants desiring a skywa lk (lead applicant) and other owners involved in a proposed skywa lk, 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 connecting skywa lk or connecting 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 connection.
The amount to be paid to the other parties for damages due to the construction of the connection to the skywa lk system by the lead applicant, in the case of either an intrablock connection or an interblock connection, shall be reduced by the amount of the benefit, if any, to be derived by the other parties from the addition of the connection to the skywa lk connection.
Date Passed: Monday, June 25, 2007
Effective Date: Saturday, August 4, 2007
Recodification ORD C34053 Section 1