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7/17/2007 8:44:04 AM
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Roseville City Council
Document Type
Council Ordinances
Ordinance #
1209
Ordinance Title
Adding Chapter 707 to the Roseville City Code to administer and regulate the public right-of-way in the public interest, and to provide for the issuance and regulation of right-of-way permits, as amended by changing Section 707.15, Subdivision 4. Sc
Ordinance Date Passed
8/24/1998
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<br />of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, <br />inspecting, maintaining or repairing the same. <br /> <br />Subd. 2. Relocation of Facilities. If the vacation requires the relocation of registrant's or <br />permittee's facilities; and (i) if the vacation proceedings are initiated by the registrant or <br />permittee, the registrant or permittee must pay the relocation costs; or (ii) if the vacation <br />proceedings are initiated by the City, the registrant or permittee must pay the relocation costs <br />unless otherwise agreed to by the City and the registrant or permittee; or (iii) if the vacation <br />proceedings are initiated by a person or persons other than the registrant or permittee, such other <br />person or persons must pay the relocation costs. <br /> <br />Sec. 707.28. Indemnification and Liability. <br /> <br />By registering with the Director, or by accepting a permit under this Chapter, a registrant or <br />permittee agrees as follows: <br /> <br />Subd. 1. Limitation of Liability. By reason of the acceptance of a registration or the grant <br />of a right-of-way permit, the City does not assume any liability (i) for injuries to persons, <br />damage to property, or loss of service claims by parties other than the registrant or the City, or <br />(ii) for claims or penalties of any sort resulting from the installation, presence, maintenance, or <br />operation of facilities by registrants or activities of registrants. <br /> <br />Subd.2. Indemnification. A registrant or permittee shall indemnify, keep, and hold the City <br />free and harmless from any and all liability on account of injury to persons or damage to <br />property occasioned by the issuance of permits or by the construction, maintenance, repair, <br />inspection, or operation of registrant's or permittee's facilities located in the right-of-way. <br /> <br />The City shall not be indemnified for losses or claims occasioned through its own negligence <br />except for losses or claims arising out of or alleging the local government unit's negligence as <br />to the issuance of permits or inspections to ensure permit compliance. The City shall not be <br />indemnified if the injury or damage results from the performance in a proper mamler of acts that <br />the registrant or permittee reasonably believes will cause injury or damage, and the performance <br />is nevertheless ordered or directed by the City after receiving notice of the registrant's or <br />permittee's determination. <br /> <br />Subd. 3. Defense. If a suit brought against the City under circumstances where the registrant <br />or permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, <br />shall defend the City in the suit if written notice of the suit is promptly given to the registrant <br />or permittee within a period in which the registrant or permittee is not prejudiced by the lack <br />or delay of notice. <br /> <br />If the registrant or permittee is required to indemnify and defend, it shall thereafter have control <br />of the litigation, but the registrant or permittee may not settle the litigation without the consent <br />of the City. Consent will not be unreasonably withheld. <br /> <br />18 <br />
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