Agenda Packets - 1991/10/14 - Laserfiche WebLink

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76 . 12 c ill Section 11 . Indemnification. The Company 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 construction , maintenance, repair or operation of the Company' s electric facilities located in , on , over, under, or across the streets and . public places of the City, unless such injury or damage grows out of the negligence of the City, its employees , or agents , or results from the performance in a property manner of acts rea- sonably deemed hazardous by the Company, but such performance is nevertheless ordered or directed by the City after notice of the - _ • - -lien e suit shall be brought against the City under circumstances where the above agreement to indemnify applies, the Company, at its sole cost and expense shall defend the City in such suit if written notice thereof is prompty given to the Company within a period wherein the Company is not prejudiced by lack of such notices. If such notice is not reasonably given as hereinbefore provided , the Company shall have no duty to indemnify nor defend. If the Company is required to indemnify and defend , it will thereafter have complete control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld . 0 Section 12. Franchise Fee. itIO It is a reed b the City and Company that the City may at an t- ' e urin t e term ereof impose on t e ompan 1. com.- •sation or t - as s ere v qrante a rano ise Lee o no more an tour ercent ( 4s) of the (.:ompan ' s •ross operating revenues , as ereina ter aerinea , suc ee to •e a able not ` n ea no to be O Seo t1no71 cne gross op-ratin• revenues of the Com.an or the •receain. c- - • _ • -ar or ne par ereor a er suc i- - •- •m- - - , _ ■ _ - . •- im•• -• • or mance u - .opted by a four-fifthrs_ vAl. • • .ligair-ants= psi'= ig l..t�•i=z'•....r• •ursuant to notice • •ubli ed in the official new - •- •rovi. ro'•a:ai s- 41 - •r or o e hearin• an. writ en no 1 - er-• ._ •- - serve. u•• e ompany •y regis ere. u- The •ercent fee ma e c an•ed by the Council by r n nance from time - o time, .. . ever, eac c ange s - - - - _ ••,_ • _ - earin• and vot .. -. -menu -a-nc the •ercenta•e im.osed must remain irm or at east one year, an. t e o - e- a .• exceed four percen Such ordinance ._ . . • •n •- from ad n. C ares in su u_ . . -r as -it -deems p-r-o-prra e or- t- e-_prupose o reim.ursing the Com. . •a menu . 11_ . - • . • e ' - - •. • - •11 .-n ma aicate • • el, s •i s the cu_stomr- q gortion of :r,id uc ee a not exceed any amount which the Company may lega 177777777777or .