§ 8.42.210 APPEAL.

   Any decision made by the City Engineer pursuant to authority delegated in this chapter may be appealed by any interested person to the City Council. For purposes of seeking judicial review, the decision of the City Council shall be final when notice of the decision is mailed by first-class mail to the franchisee.

(Ord. 1152, passed 5-17-11)

ARTICLE II. INDEMNIFICATION AND INSURANCE

§ 8.42.220 INDEMNIFICATION.

   A.   The franchisee shall indemnify to the fullest extent permitted by law, and defend and hold the city, and its Council members, employees, remediation consultants, environmental consultants, contractors, agents and attorneys free and harmless from and against all claims arising from or in any way related to the franchise or activities conducted by or on behalf of franchisee. This indemnification obligation shall include payment by franchisee of any and all attorneys’ fees and experts’ costs incurred by any of the foregoing indemnitees.

   B.   The city and the other parties indemnified herein shall have the right to approve the attorneys selected by franchisee to represent them. In the event franchisee does not provide attorneys acceptable to the indemnified parties, the indemnified parties may select attorneys of their choice, so long as the attorney’s rates do not exceed the greater of the rates the indemnified parties pay for other legal services, or the amounts the franchisee pays for its legal services in the matter.

   C.   The indemnity provided herein shall survive the expiration or other termination of the franchise.

(Ord. 1152, passed 5-17-11)

§ 8.42.230 DIMINUTION IN PROPERTY VALUE.

   Franchisee shall indemnify any affected property owner for any reduction or diminution in value in real property occasioned by an environmental condition or release found to be the result of franchisee's use and operations of its facilities and the exercising of the rights granted under this franchise. Diminution in property value shall be determined by an independent appraiser. The selected appraiser shall not be a party to a contract between the franchisee or property owner. The selected appraiser shall be licensed with the California Office of Real Estate Appraisers.

(Ord. 1152, passed 5-17-11; Am. Ord. 1159, passed 5- 1-12; Am. Ord. 1160, passed 5-1-12)

§ 8.42.240 INJURIES TO THIRD PARTIES.

   The franchisee shall indemnify any person for personal injuries caused by or resulting from any of franchisee’s activities.

(Ord. 1152, passed 5-17-11)