Agenda - Council - 10/22/2013 - Laserfiche WebLink

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The Operator may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Operator shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. The Operator may spray herbicides approved by the Environmental Protection Agency to accomplish same only with the approval of the Municipality on a case by case basis. SECTION 6. INDEMNIFICATION (1) The Operator shall indemnify, keep and bold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through itsown negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Operator's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deenied hazardous by Operator, and such performance is nevertheless ordered or directed by City after notice of Operator's determination. (2) In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Operator at its sole cost and expense shall defend the City in such suit if written notice thereof is prornptly given to the Operator within a period wherein' the Operator is not prejudiced by lack of such notice. If the Operator is required to indemnify and defend, it will thereafter have control of such litigation, but the Operator may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Operator, 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 its own behalf. SECTION 7. VACATION OF PUBLIC WAYS The Cityshall give the Operator at least two weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of. Electric Facilities, shall not operate to deprive Operator of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Operator. In no case, however, shall City be liable to the Operator for failure to specifically preserve a right-of-way, under Minnesota Statutes. • SECTION 8. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Operator, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE (1) Separate Ordinance. In lieu of any permit or other fees being imposed on the Operator, the City may impose on the Operator a franchise fee of not more than five percent of the Operator's gross revenues as hereinafter defined. The initial franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until written notice enclosing such proposed ordinance has been served upon the Operator by certified mail. The fee shall not become effective until after written notice enclosing such adopted ordinance has been served upon the Operator by certified mail.