Agenda - Public Works Committee - 03/21/2000

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right-of-way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or allowing the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This Section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the 'City; .and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in/ts own behalf. 4.10.31 Future Uses. In placing any equipment, or allowing it to be placed, in the fight- of-way the City is not liable for any damages caused thereby to any registrant's equipment which is already in place. No registrant is entitled to rely on the prov/sions of this Section, and no special duty is created as to any registrant. This Section is enacted to protect the general health, welfare and safety of the public at large. 4.10.32 Abandoned and Unusable Equipment Subdivision 1. A registrant who has determined to discontinue/ts operations with respect to any equipment in any r/ght-of-way, or segment or portion thereof, in the City must either: Provide information satisfactou to the City that the registrant's obligations for its equipment in the right-of-way under this Section have been lawfully assumed by another registrant; or bo Submit to the City a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause, the City may, at its option: 1. Purchase this equipment, or 2. Require the registrant, at its own expense, to remove it, or Require the registrant to post an additional bond or an increased bond amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment. Subd. 2. Equipment of a registrant which fails to comply with the preceding paragraph and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to: