Prior to issuance of any permit to any person, firm or corporation, except the holder of a valid franchise in the city, the City Council shall approve a written agreement between the applicant and the city which includes, but is not limited to the following terms:
(A) The lines or pipelines shall be constructed, repaired, renewed and maintained by the applicant, at the applicant's own cost and expense, in a safe, proper and workmanlike manner, and at the times and in the manner as not to prevent or interfere with the safe, proper and convenient movement of traffic along, over and across the easements, alleys, and rights-of-way described in the application.
(B) The applicant shall agree to fully defend, protect, indemnify and hold harmless the city, its employees and agents, from and against each and every claim, demand or cause of action and any liability cost, expense including, but not limited to reasonable attorney's fees and expenses incurred in defense of the city, damage or loss in connection therewith, which may be asserted by the applicant, applicant's employees or agents, subcontractors or any third party including, but not limited to the city's agents, or employees, on account of personal injury or death, or property damage caused by, arising out of, or in any way incidental to, or in connection with the construction, maintenance, operation, altering, repairing or renewing of lines or pipelines, except as may result solely from the city's negligence.
(C) (1) The applicant shall backfill, and power tamp all trenches, fill all holes caused by shrinkage, remove all excess dirt and leave the easements and rights-of-way described in the application in a solid and safe condition, and subject to the inspection and approval of the City Engineer.
(2) If applicant shall fail to make any repairs or do any work required of the applicant within ten days after receipt of written notice from the city calling attention thereto and requesting the repair or work to be done, then the city shall have the right to make the repairs or do the work at the expense of the applicant and the applicant shall reimburse the city for the cost and expense of the repairs or work promptly upon bill rendered therefore by the city to the applicant.
(D) The applicant shall agree that, in the event the city makes a request to relocate or adjust the applicant's lines, pipelines or appurtenances thereto
where the same are situated in easements or rights-of-way, the applicant will comply therewith or bear the entire cost of the relocation or adjustment.
(E) Other terms and conditions as the City Council may require shall be followed.
(Prior Code, § 5-903) (Ord. 1249, passed 9-6-83; Am. Ord. 1974, passed 8-6-19)