2005-04-05 P & Z Agenda - Laserfiche WebLink

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