Ordinance - #92-13 - 11/24/1992 - Laserfiche WebLink

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The Oper~t, x n~ay trim all trees and shrubs in the Public Ways and Public Grounds of City interfering ~ ith t[heproper construction, operation, repair and maintenance of any Electric Facilities installed hl:~ eUl~ter, provided that the Operator shall save the City harmless from any liability arising there Yr.o~., and subject to permit or other reasonable regulation by the City. The Operator may spray hi xbi¢ides approved by the Environmental Protection Agency to accomplish same only with the app~ ova~ of the Municipality on a case by case basis. SECTION J, iNDEMNIFICATION (1) The (~pekator shall indemnify, keep and hold the City free and harmless from any and all liabtl!typn account of injury to persons or damage to property occasioned by the con$ffucfion, maintenance, repair, inspection, the issuance of permits, or the operation of the E~ec~c Facilities located in the City. The City shall not be indemnified for losses or clairn~ o~asioned through its own negligence except for losses or claims arising out of or alleg~-ng ?e City's negligence as to the issuance of permits for, or inspection of, the opera[tot .8 plans or work. The City shall not be indemnified if the injury or damage results frorn~the[ performance in a proper manner of acts reasonably deemed hazardous by Oper~tor,~rand such performance is nevertheless ordered or directed by City after notice of Operator'S determination. (2) In the ev~nt a suit is brought against the City under circumstances where this agreement to inde;n nif~ applies, the Operator at its sole cost and expense shall defend the City in such suit ~t written notice thereof is promptly given to the Operator within a period wherein the Open tor ~s not prejudiced by lack of such notice. If the Operator is required to indemnify and d ~fen[!, it will thereafter have control of such litigation, but the Operator may not settle such litig~ttion without the consent of the City, which consent shall not be unreasonably withh~ld. [ 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 i.s~alltbe entitled to assert in any action every defense or immunity that the City could assert ~n i~ own behalf. SECTION 7i VACATION OF PUB.LIC WAYS I ~ I k' f ti f The City shall~giv~ the Operator at east two wee s prior written notice o a proposed vaca 'on o a Public Way.r ]~xcl,~t where required for a City street or other improvement project, the vacation of any Public W~y, after the installation of. Electric Facilities, shall not operate to deprive Operator of its rights to ol~ral~ ~ and maintain such Electrical Facilities, until the reasonable cost of relocating the same and th~l~ss md expense resulting from such relocation are first paid to Operator. In no case, however, shall Ct :y be liable to the Operator for failure to specifically preserve a right-of-way, under Minn,a$ta tatutes. SECTION 8.t C}IANGE IN FORM OF GOVERNMENT Any change iff, th~ form of government of the City shall not affect the validity of this Ordinance. Any governing, nra! 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. vU c.is (1) Separate ' ' Ordinance. In lieu of any permit or other fees being imposed on the Operator, the City m~y iinpose on the Operator a franchise fee of not more than five percent of the Operat4~l:'S ~r~ss revenues as hereinafter defined. The initial franchise fee shall be imposed by a 8e[~arate ordinance duly adopted by the City Council, which ordinance shall not be adopt~ uMil 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 encloSi~tg sj0ch adopted ordinance has been served upon the Operator by certified mail.