Agenda - Council - 11/10/1992 - Laserfiche WebLink

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! ! SECTION I~', T~EF TRIMMING [ Thc: OperatOr~.may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering Wi:th th~propeI construction, op~ation, repair and maintenance of any Electric Facilities installed hem0nde!', provided that the Operator shall save the City harmless from any liability arising therefr0m~ ~ind subject to permit or other reasonable regulation by the City. The Opera!or may spray M~. ici.al, es approved by the Environmental Protection Agency to accomplish same only with the apptO~Vai Of the Municipality on a case by case basis. SECTION 6~ INDEMNIFICATION (1) The: Ol~, ratpr shall indemnify, keep and hold the City free and harmless from any and all liability ot~ account of injury to persons or damage to property occasioned by the cOnatlr~tiOh, maintenance, repair, inspection, the issuance of permits, or the operation of the l~!{~tri~ Facilities located in the City. The City shall not be indemnified for losses or claims ~x:0~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 Oper~t6r'st~lans or work. The City shall not be indemnified if the injury or damage results from!the p~rformance in a proper manner of acts reasonably deemed hazardous by OperatOr, itfid such performance is nevertheless ordered or directed by City after notice of Operatbr's determination. (2) In the ovent~ 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 promptly given to the Operator within a period wherein the OperatOr is hot prejudiced by lack of such notice. If the Operator is required to indemnify and tl~.' ~nd,[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 agailable to the City; and the Operator, in defending an3' action on behalf of the City shall be entitled to assert in any action every defense or immunity that the CiD, could assert in its bwn behalf. SECTION 7. V/~CATION OF PI, JBLIC WAYS The Citv sh~l give the Operator at least two weeks' prior written notice of a proposed vacation of a Public Wax,. ~xeeP~t where required for a Cit~, street or other improvement project, the vacation of any Public'Way, affer the installation of. Elech'ic Facilities, shall not operate to deprive Overator of its'rights tO o~ ~md maintain such Electrical Facilities, until the reasonable cost of relocating the same and the:loss ~d expense resulting from such relocation are fn'st paid to .Operator. In no case, however, shall! Cit4 be liable to the Operator for failure to specifically preserve a right-of-way, under Minnesota S~tutes. SECTION 8. CHANGE IN FORM OF GOVERNMENT Anv change in rthe form of government of the Ci~, shall not affect the validity of this Ordinance. Any governmeiatal ~mt succeeding the Cny shall, wathout the consent of the Operator, succeed to all of the rightsiand ..obligations of the City. provided in this Ordinance. SECTION 9. FI~ANCHISE FEE (1) S epara,te Ordinance. In lieu of an3' perrmt or other fees being imposed on the Operaxor, me City may impose on the Operator a franchise fee of not more than five percent of the Or~rat6~:s ~g~ss revenues as hereinafter defined. The initial franchise fee shall be imposed b(' a SePara~ ordinance duly adopted bv the City Council. which ordinance shall not be ~opted until written notice'enclosing st~ch proposed ordinance has been served upon me