Ordinance 1138-85 - Laserfiche WebLink

the City to use any street for the purpose of moving any building, a Franchisee, upon seven (7 ) days ' written notice from the Director of Public Works shall raise or remove at the expense of that person desiring to move the building, any of Franchisee' s system which may obstruct the removal of such building, provided that the moving of such building shall be done in accordance with regulations and general ordinances of the City at such reasonable hours and in such reasonable manner as shall cause the least interference with the business of said Franchise. Where more than one street is available for the moving of such building, the building shall be moved on such street as shall cause the least interference with the Cable Communications System of Fran- chisee and the facilities of other Franchise holders. It is further provided that the person or persons moving such building shall indemnify and save harmless said Franchisee of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly for such temporary arrangement by Franchisee. Section 44. Tree Trimming. The Franchisee shall have the authority to trim trees upon and overhanging streets and public ways and places of the Franchise area so as to prevent the branches of such trees from coming in contact with the wires and cables of the Franchisee and shall be responsible for debris removal from such activities, except that, at the option of the City, such trimming may be done by it or under its supervision and direction at the expense and liability of the Franchisee. Section 45. Indemnity and Hold Harmless - Waiver of Damages. The Franchisee will be required to indemnify and hold harmless the City from any and all liabilities, fees, costs and damages, whether to person or property, or expense of any type or nature which may occur to the City by reason of the construction, operation, maintenance, repair and altera- tions of Franchisee' s facilities. In any case in which suit or action is instituted against the City by reason of damages or injury caused by Franchisee, the City shall cause written notice thereof to be given to the Franchisee and Franchisee thereupon shall have the duty to appear and defend in any such suit or action, without cost or expense to the City. No privilege or exemption shall be granted or conferred upon Franchisee by any Franchise except those specifically prescribed therein, and any use of any street shall be subordinate to any prior lawful occupancy of the street or any subsequent improvement or installation therein. Section 46. Insurance. The Franchisee shall concurrently with the filing of an acceptance of award of any Franchise granted hereunder, furnish to the City and file with the City Clerk and at all times during the existence of any Franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Clerk and a form satisfactory to the City Attorney, protect- ing the City and all persons against liability for loss or damage or personal injury, death and property damage, and errors or omissions, occasioned by the operations of Fran- chisee under such Franchise, with minimum limits of One Million Dollars ( $1 , 000,000 ) for both personal injury and/or property damage . The policies mentioned above shall name the City, its officers, boards, commissions, agents and employees, as additional insureds and shall contain a ORDINANCE - 15 5-21-85