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CC WORKSESSION PACKET 10302017
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CC WORKSESSION PACKET 10302017
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10/23/2017 12:32:23 PM
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Right-of-Way Management 83 <br /> <br /> <br />(B) Responsibility of registrant. Each registrant shall be responsible for the cost of repairing any <br />equipment in the right-of-way which it or its equipment damages. Each registrant shall be responsible <br />for the cost of repairing any damage to the equipment of another registrant cause during the city’s <br />response to an emergency occasioned by that registrant’s equipment. <br />(1993 Code, § 1165.28) <br /> <br /> <br />§ 96.2931 RIGHT-OF-WAY VACATION. <br /> <br />(A) Reservation of right. If the city vacates a right-of-way which contains the equipment of a <br />registrant, and if the vacation does not require the relocation of registrant or permit holder equipment, the <br />city shall reserve, to and for itself and all registrant having equipment in the vacated right-of-way, the <br />right to install, maintain, and operate any equipment in the vacated right-of-way and to enter upon the <br />right-of-way at any time for the purpose of reconstructing, inspecting, maintaining, or repairing the same. <br /> <br />(B) Relocation of equipment. If the vacation requires the relocation of the registrant or permit <br />holder equipment and; if the vacation proceedings are initiated by the registrant or permit holder, the <br />registrant or permit holder must pay the relocation costs; or if the vacation proceedings are initiated by <br />the city and the registrant or permit holder must pay the relocation costs unless otherwise agreed to by the <br />city and the registrant to permit holder; or if the vacation proceeding are initiated by a person or persons <br />other than the registrant or permit holder, the person or persons must pay the relocation costs. <br />(1993 Code, § 1165.29) <br /> <br /> <br />§ 96.3032 INDEMNIFICATION AND LIABILITY. <br /> <br />(A) Limitation of liability. By reason of the acceptance of a registration or a grant of the right-of- <br />way permit, the city does not assume any liability; for injuries to persons, damage to property, or loss of <br />service claims by parties other than the registrant or the city; or for claims or penalties of any sort <br />resulting from the installation, presence, maintenance, or operation of equipment by registrants or <br />activities of registrants. <br /> <br />(B) Indemnification. By registering with the city, a registrant agrees, or by accepting a permit <br />under this chapter, a permit holder is required to defend, indemnify, and hold the city whole and harmless <br />from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, <br />installation, maintenance, repair, or operation of its equipment, or out of any activity undertaken in or <br />near a right-of-way, whether or not any act or omission complained of is authorized, allowed, or <br />prohibited by a right-of-way permit. It further agrees that it will not bring, nor cause to be brought, any <br />action, suit, or other proceeding claiming damages, or seeking any other relief against the city for any <br />claim nor for any award arising out of the presence, installation, maintenance, or operation of its <br />equipment, or any activity undertaken in or near a right-of-way, whether or not the act or omission
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