(A) Any application for wireless telecommunication facilities that is proposed for the city property shall contain a provision with respect to indemnification. Such provision will require the applicant, to the extent permitted by law, to at all times indemnify and hold harmless the city, its commissions, and its agents, from any and all penalties, damages, or costs, arising out of any claims that might arise from said facility, excepting however, any portion of such claims, suits, demands, causes of action, or award of damages as may be attributable to the negligent or intentional acts or omissions of the city, or its commissions or agents.
(B) With respect to the penalties, damages, or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness fees are included in those costs that are recoverable by the city. Notwithstanding the above, an indemnification provision shall not be required in those instances where the city of Elkins itself applies for and secures a permit for wireless telecommunication facilities.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999