Agenda Packets - 1999/06/07 - Laserfiche WebLink

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06-03-99 09:21 From-KENNEDY & GRAVEN +6123379310 T-262 P.06/07 F-116 at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by coed mail. 43 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Comp<rny unless it lawfully imposes a fee or tax of the same or substantially similar amount on the sale of gas mem, within the City by any other gas energy supplier, provided that, as to such supplier, the City has the a>thahry to require a franchise fee or impose a rix. 44 Collection of Fee. The lianchise tee shall be payable not less than quanedy during complete billing months of the penal for which payment is to be made.The franchise fee formula may be changed from time to time;however,the change shall meet the same notice requirements and the fee may not be changed rim often than annually. Such fee shall not exceed any amount which the Company may legally chi to as customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncolleaibles and customer refunds inctuzecl by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Cempanys determination of the franchise fee payments. SECTION 5, INDEMN ICATION. 5.1 Tenn,, The Company shall defend,indemnify and hold harmless the City from all liability or claims of liability for bodily injury Of death to persons,or for property damage,in which the claim: 5.1.1. Alleges a negligent or otherwise wrongful act or omission of the Company or its employee, agent or independent contactor in installing,maintaining,operating or repairing the Company's Facilities; and alleges that the City is liable,withour alleging any independent negligent or otherwise wrongful,act or omission on the pan of the City;or 5.1.2. Is based on the City's negligent or otherwise wrongful act or omission in issuing a permit or in failing to properly or adequately inspect or enforce compliance with a term,condition,or purpose of the permit granted to rhe Company. 5.2 Litigation. If a suit is brought against the City under circumstances where the agteent in this Section S to indemnify applies,the Company at its sole cost and expense will defend the City in such suit if Notice thereof is even to the Company within a reasonable period. Notice by the City of a claim or action promptly given to ti>e Company within a period wherein the Company is not prejudiced by the lack of notice,constitutes a reasonable period The City shall not be entitled to reimbursement for its costs incurred prior to notification of the Company of the claims or actions. The Company will thereafter have control of the litigation,but the Company may not settle such litigation without the consent of the City,which consent will not be unreasonably withheld. This section is not as to third parties a waiver of any defense or unity otherwise available to the City;or to dna Company. In defending any action on behalf of the City,the Company shall have available to it every defense or immunity that the City could assert in its own behalf SECTION 6. LIMITATIONS ON APPLICABILITY. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this ftanchise intoes to the benefit of any third person,including the public at large,so as to cxsisdture any such person as a third-party benefrciaty of the agreement or of any one or mote of the terms hereof,or otherwise give rise to any cause of action for any person nota party hereto. IMS-142951 MU210•14