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A. Except as provided in subsection B or C of this section, no person shall park or stop or stand any vehicle upon any city right-of-way for a period in excess of seventy-two hours.

B. Except as provided in subsection C of this section, parking or stopping any semi-truck or tractor-trailer on city right-of-way is prohibited. Dump trucks, dump truck trailers, and semi-trucks loading or unloading articles or materials in the city of Algona may temporarily park in city right-of-way for a period not to exceed two hours.

C. The city council may, from time to time, by resolution authorize the extended use of certain designated city right-of-way for vehicular parking by the owner or occupant of the adjacent property in accordance with the standards and procedures of this subsection.

1. Any such authorization shall be at the city council’s sole discretion, based upon the following considerations:

a. The size and location of the designated right-of-way area;

b. The number and size of vehicles that would be parked within the designated right-of-way area;

c. The anticipated impact upon the surrounding neighborhood;

d. The anticipated impact upon vehicular, nonmotorized and pedestrian travel by the public; and

e. The anticipated impact upon the public health, safety and welfare.

2. As a condition of authorizing extended use of city right-of-way for vehicular parking under this subsection C, the requester shall execute a written agreement, in a form approved by the city attorney, containing the following provisions:

a. The duration of the use period, which shall not exceed an initial term of five years;

b. Authority for the city to terminate the agreement upon thirty days’ written notification that use of the designated city right-of-way is required, in the city’s sole discretion, for a public purpose;

c. Payment to the city of fair market value for the use of the designated city right-of-way;

d. Reimbursement of the city’s legal, staff and other expenses incurred in preparing the agreement;

e. Indemnification and insurance provisions protecting the city from liability for property damage and personal injury arising out of the use of the designated city right-of-way; and

f. Any other provisions and/or conditions deemed necessary and appropriate by the city. (Ord. 1173-20 § 1; Ord. 1033-10 § 1; Ord. 666 § 3, 1991).