Agenda - Council - 11/24/1992 - Laserfiche WebLink

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SECTION S.'T~EE TRIMMING ~ ~ ...... The Operator raayi trim all trees and shrubs m the Pubhc Ways and Pubhc Grounds of C~ty interfering wlffi the proper construction, operation, repair and maintenance of any Electric Facilities installed hergtlnde~, provided that the Operator shall save the City harmless from any liability arising therefrom, l~nd subject to permit or other reasonable regulation by the City. The Operator may spray h~bicid~s approved by the Environmental Protection Agency to accomplish same only with the approval of the Municipality on a case by case basis. SECTION 6. INiDEMNIFICATION (1) The 0Perat?r shall indemnify, keep and hold the City free and harmless from any and all liabilit~ on account of injury to persons or damage to property occasioned by the con$~tio~, maintenance, repair, inspection, the issuance of permits, or the operation of the Eteetrici Facilities located in the City. The City shall not be indemnified for losses or claims bee~sioned through its own negligence except for losses or claims arising out of or alleging th~ City's negligence as to the issuance of permits for, or inspection of, the Ope-rat~r's'~lans or work. The City shall not be indemnified if the injury or damage results from the l~.rformance in a proper manner of acts reasonably deemed hazardous by Operator; a~ad such performance is nevertheless ordered or directed by City after notice of operator s determination. (2) In thc event a suit is brought against the City under circumstances where this agreement to mdcmmfy, applies, the Operator at ~ts sole cost and expense shall defend the C~ty m such stat ff Writtgn notice thereof ~s promptly given to the Operator within a period wherein the Oper.a. tlgr iS{not prejudiced by lack of such notice, ff the Operator is required to indemnify and dcfenfl,~ 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. ~his section is not, as to third parties, a waiver of any defense or immunity othevwTi'se 'available to the City; and the Operator, in defending any action on behalf of the City sinai1 l~e entitled to assert in any action every defense or immunity that the City could assert in itsiown behalf. SECTION 7; VACATION OF PUBLIC WAYS The City shallgive~ the Operator at least two weeks' prior written notice of a proposed vacation of a Public Way.i Except where required for a City su'eet or other improvement project, the vacation of any Public Way, ~ter the installation of. Electric Facilities, shall not operate to deprive Operator of its rights to 0p~rat6. and maintain such Electrical Facilities, until the reasonable cost of relocating the same and thi !9ssillnd expense resulting from such relocation are fu'st paid to Operator. In no case, however, shall C!(y be liable to the Operator for failure to specifically preserve a right-of-way, under MinnesOta S,tatutes. SECTION 8i 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 right~; and obligations of the City provided in this Ordinance. SECTION 9; FRANCHISE FEE (I) Separate Ordinance. In lieu of any permit or other fees being imposed on the Operator, the City~ rna~ 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 ai separiue ordinance duly adopted by the City Council, which ordinance shall not be adopt6d u~til written notice enclosing such proposed ordinance has been served upon the