FINAL ORDINANCE NO. 97-057 - Laserfiche WebLink

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Section 1415.25. Pre -Excavation Facility and Facilities Location. In addition to complying with the requirements of Minn. Stat. §§ 216D.01-09 ("One -Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any registrant whose equipment is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation. Sec. 1415.26. Damage to Other Facilities. When the City does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's equipment to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any equipment in the right-of-way which it or its equipment damages. Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant caused during the City's response to an emergency occasioned by that registrant's equipment. Sec. 1415.27. Right -of -Way Vacation. Subd.l. Reservation of Right. If the City vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or Permittee equipment, the City shall reserve, to and for itself and all registrants having equipment in the vacated right-of-way, the right to install, maintain, and operate any equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. Subd.2. Relocation of Facilities. If the vacation requires the relocation of registrant or Permittee Facilities; and (a) if the vacation proceedings are initiated by the registrant or Permittee, the registrant or Permittee must pay the relocation costs; or (b) if the vacation proceedings are initiated by the City, the registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City and the registrant or Permittee; or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or Permittee, such other person or persons must pay the relocation costs. Sec. 1415.28. Indemnification and Liability. By registering with the Administrator, or by accepting a permit under this Section, a registrant or permittee agree as follows: Subd.l. Limitation of Liability. By accepting a registration or granting a Right -of -Way Permit, the City does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. Subd.2. Indemnification. A registrant or Permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection, or operation of registrant's or Permittee's facilities located in the Right -of Way. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits or inspections to ensure permit compliance. The City shall not be indemnified if the injury or damage results from the performance of a proper manner of acts which the registrant or Permittee reasonably believes will cause injury or damage, and the performance 15