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CCP 07-26-1999
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CCP 07-26-1999
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<br /> <br />e <br /> <br />. <br /> <br />e <br /> <br />whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of <br />the construction, presence, installation, maintenance, repair or operation of its equipment, or out <br />of any activity undertaken in or near a right-of-way, whether or not any act or omission <br />complained of is authorized, allowed, or prohibited by a right-of-way permit. It further agrees <br />that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming <br />damages, or seeking any other relief against the City for any claim nor for any award arising out <br />of the presence, installation, maintenance or operation of its equipment, or any activity <br />undertaken in or near a right-of-way, whether or not the act or omission complained ofis <br />authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnifY <br />the City for its own negligence except for claims arising out of or alleging the City's negligence <br />where such negligence arises out of or is primarily related to the presence, installation, <br />construction, operation, maintenance or repair of said equipment by the registrant or on the <br />registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans <br />or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise <br />available to the registrant or to the City; and the registrant, in defending any action on behalf of <br />the City, shall be entitled to assert in any action every defense or immunity that the City could <br />assert in its own behalf. <br /> <br />Sec. 1.29. Future Uses. <br /> <br />In placing any equipment, or allowing it to be placed, in the right-of-way the City is not liable for <br />any damages caused thereby to any registrant's equipment which is already in place. No <br />registrant is entitled to rely on the provisions of this Chapter, and no special duty is created as to <br />any registrant. This Chapter is enacted to protect the general health, welfare and safety of the <br />public at large. <br /> <br />Sec. 1.30. Abandoned and Unusable Equipment. <br /> <br />Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its <br />operations in the City must either: <br /> <br />(a) Provide information satisfactory to the Director that the registrant's obligations for its <br />equipment in the right-of-way under this Chapter have been lawfully assumed by another <br />registrant; or <br /> <br />(b) Submit to the Director a proposal and instruments for transferring ownership of its <br />equipment to the City. If a registrant proceeds under this clause, the City may, at its <br />option: <br /> <br />(1) purchase the equipment; or <br /> <br />(2) require the registrant, at its own expense, to remove it; or <br /> <br />(3) require the registrant to post a bond in an amount sufficient to reimburse the <br />City for reasonably anticipated costs to be incurred in removing the equipment. <br /> <br />Subd.2. Abandoned Equipment. Equipment of a registrant who fails to comply with Section <br />1.30 subd. I, and which, for two (2) years, remains unused shall be deemed to be abandoned. <br />Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights <br /> <br />lQ <br />
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