Section 17.36.090 Inclusion in skywalk system.

    1. No person may construct a portion of the skywalk system or connection from a property interest granted the right of connection by this code to the skywalk system or a connection to the skywalk system without approval of the city.
    2. Any person who shall seek to construct:
        a. A portion of the skywalk system; or
        b. A connection from a property interest granted the right of connection by this code to the skywalk system; or
        c. A connection to the skywalk system shall submit an application for permission to so construct to the board, which shall receive and consider same.  If the proposed construction or connection is already set forth in the skywalk system plan map, the board shall forward its conclusion and recommendation to the city council for further action.  If the proposed construction or connection is not already set forth in the skywalk system plan map, application for a modification to the skywalk system plan map shall first be made to the board which shall forward its conclusion and recommendation to the city council for further action; provided, however, no application which would seek to relocate the skywalk system as set forth on the skywalk system plan map shall be approved until the conditions set forth in Section 17.36.100-3. hereof shall have been complied with.
    3. In determining the construction and location of any portion of the skywalk system, including connections thereto and the granting of permission for  said construction, the board and city council shall find:
        a. That the proposed portion of the skywalk system or connection thereto is part of the skywalk system as shown on the skywalk system plan map;
        b. That the applicant has agreed in writing to grant the city, at no cost, an easement for public pedestrian travel through and over all skywalk corridors, nodal areas, and vertical access facilities across or within such private property or over all future skywalk corridors, nodal areas and vertical access facilities across or within such private property that is or may become necessary to extend the skywalk system to an adjacent property or properties;
        c. That the city can finance its obligations for the proposed extension of the skywalk system, as to construction, operation and maintenance;
        d. That the applicant has agreed in writing to enter into the current form of the skywalk agreement with the city;
        e. That the applicant has agreed in writing to pay its proportionate share of the cost of administering, operating, maintaining and repairing that portion of the skywalk system under the exclusive control of the city;
        f. That the applicant has agreed in writing to construct the proposed portion of the skywalk system in accordance with the standards and specifications set forth in this chapter and the rules and regulations promulgated thereunder. (Ord. 84/T-3053)