A. The superintendent or other duly authorized employees of the city bearing proper credentials and identification shall be:
1. Permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the POTW in accordance with the provisions of this ordinance.
2. Permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
B. If the superintendent or duly authorized employees of the city perform any of the necessary work on private properties referred to in this section, they shall observe all safety rules applicable to the premises. The city shall indemnify and hold the owner harmless from and against all claims, damages, losses and expenses arising out of or resulting from the performance of the necessary work described above, provided that any such claims, damage, loss or expense: 1) is attributable to bodily injury, sickness, disease or death of any duly authorized employee of the city, or to injury to or destruction of the company's tangible property including the loss of use resulting therefrom; and 2) is caused in whole or in part by the negligent act or omission of the manager or duly authorized employee of the city; and 3) company has maintained safe conditions as required in this section. (Ord. 1759, 12-5-1994)