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2005-04-05 P & Z Agenda
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2005-04-05 P & Z Agenda
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<br />Effective: 5/8/91 <br />City of Centerville Ord. #20-A <br /> <br />granted, provided that Company shall save said City harmless from any liability in the <br />prennses. <br /> <br />SECTION 4. Company shall indemnify, keep and hold city free and harmless from any and all liability <br />on account of injury to persons or damage to property occasioned by the construction, <br />maintenance, repair or operation of Company's electric facilities located in, on, over, <br />under, or across the public ways and public grounds of City, unless such injury or damage <br />grows out of the negligence of City, its employees, or agents, or results from the <br />performance is nevertheless ordered or directed by City after notice of Company's <br />determination. In the event a suit shall be brought against City under circumstances where <br />the above agreement to indemnify applies, Company at its sole cost and expense shall <br />defend City in such suit if written notice thereof is promptly given to Company within a <br />period wherein Company is not prejudiced by lack of such notice. If such notice is not <br />reasonably given as hereinbefore provided, Company shall have no duty to indemnity nor <br />defend. If Company is required to indemnify and defend, it will thereafter have complete <br />control of such litigation, but Company may not such litigation without the consent of City, <br />which consent shall not be unreasonably withheld. This section is not, as to third parties, a <br />waiver of any defense or immuuity otherwise available to City; and Company, in defending <br />any action on behalf of City shall be entitled to assert in any action every defense or <br />immuuity that City could assert in its own behalf <br /> <br />SECTION 5. The City shall give the Company at least two weeks prior written notice of a proposed <br />vacation of a public way. Except where required solely fro a City improvement project, the <br />vacation of any public way, after the installation of electric facilities, shall not operate to <br />deprive Company of its rights to operate and maintain such electric facilities, until the <br />reasonable cost of relocating the same and the loss and expense resulting from such <br />relocation are first paid to Company. In no case, however, shall City be liable to the <br />Company for failure to specifically preserve a right-a-way under Minnesota Statutes, <br />Section 160.29. <br /> <br />SECTION 6. Company shall have full right and authority to assign to any person, persons, firm, or <br />corporation all the rights conferred upon it by this Ordinance, provided that the assignee of <br />such rights, by accepting such assignment, shall become subject to the terms and provisions <br />of this Ordinance. <br /> <br />SECTION 7. Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, <br />file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) <br />days after the final passage and any required publication of this Ordinance. <br /> <br />SECTION 8. This Ordinance shall be in full force and effect from and after its passage, any publication <br />required by law, and acceptance by Company. <br /> <br />SECTION 9. Where a provision of any other Ordinance conflicts with the provisions of this Ordinance, <br />the provisions of this Ordinance shall prevail. Notice to Company shall be mailed to the <br />Regional General Manager, thereof at 1700 East County Road E, White Bear Lake, <br />Minnesota, 55110, and any notice to City shall be mailed to the CITY CLERK. <br /> <br />Page 2 of3 <br />
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