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HomeMy Public PortalAbout010-1986 - STRICKEN - ORDINANCE ESTABLISHING CHAP 60 OF THE CITY CODE AS PUBLIC PROPERTY AND RIGHT-OF-WAY AND PROVIDING FOR INDEMNIFICATION FOR LIABILITY FOR USE OF PUBLIC PROPERTYORDINANCE NO.10-1986 AN ORDINANCE ESTABLISHING CHAPTER 60 OF THE RICHMOND CITY CODE AS PUBLIC PROPERTY AND RIGHT-OF-WAY AND PROVIDING FOR INDEMNIFICATION FOR LIABILITY FOR USE OF PUBLIC PROPERTY WHEREAS, it is desirable to include in the City Code certain provisions as to the grant of use of certain city property and right of way; and WHEREAS, it is the desire of the Common Council to authorize the City through its officers, department, boards, and agencies to require non -City users of City property and right-of-way to agree to indemnify the City, its officers, agents, and employees from liability for the use of such City property and right-of-way. NOW, THEREFORE, BE IT ORDAINED by the Common Council that: Chapter 60 is hereby established in the City Code and is titled City Property and Right -of -Way and shall include the following provisions: SECTION 60.01: The Board of Public Works and Safety, Board of Plan Commissioners, the Board of Sanitary Commissioners, the Airport Board, the Board of Directors for Richmond Power and Light, and any other boards, agencies, authorities, or commissions established by ordinance or law are hereby authorized to require any applicant desiring to use City equipment, property or right-of-way. SECTION 60.02: The agreement to indemnify the City in Section 60.01 shall contain substantially the following language: The applicant agrees to indemnify, defend, exculpate, and hold harmless the City of Richmond, Indiana, its officials and employees from any liability due to loss, damage, injuries, or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or off the right-of-way arising out of, or resulting form the issuance of this permit or the work connected therewith, or from the installation, existence, use, maintenance, condition, repairs, alteration, or removal of any equipment or material, whether due in whole or in part to the negligent acts or omissions (1) of the City, its officials, agents, or employees; or (2) of the applicant, his agents or employees, or other persons engaged in the performance of the work, or (3) the joint negligence of any of them: including any claims arising out of the Workmen's Compensation Act or any other law, ordinance, order, or decree The applicant also agrees to pay all reasonable expenses and attorneys' fees incurred by or imposed on the City in connection herewith in the event that the application shall default under the provisions of this paragraph. SECTION 60.03: In addition to the indemnification agreement, the City shall require the applicant to procure prior to the use of the City equipment, property, or right-of-way an insurance policy in an amount satisfactory to the City, naming the applicant and City as insureds to protect the applicant and City from personal and property damage arising form or caused or affected any extent by the use of the City equipment, property, or right-of-way. SECTION 60.04: The failure of the applicant to execute an indemnification agreement or to provide the required insurance, when so required by this chapter, shall be deemed to have constituted a withdrawal of the request of the applicant to use City equipment, property, or right-of-way. The use of City equipment, property, or right-of-way by the applicant without the prior execution of an indemnity agreement or proof of insurance shall be deemed to have been without notice to the City. SECTION 60.05; (a) The provisions of this Chapter are supplemental any other provisions of the City Code, other ordinances, statutes, laws or regulations. (b) The provisions of this Chapter may be waived by the respective board, agency, department, or commission, in its sole discretion, after due consultation with the City Attorney's office and where there is a finding that the City's risk of exposure is minimal. Such waiver shall be effective only if in writing or recorded in the official minutes of the respective agency, board, or commission prior to the use of City equipment, property, or right-of-way. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this day of , 1986. ATTEST: City Clerk President of Common Council PRESENTED by me to the Mayor of the City of Richmond, Indiana this day of , 1986. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this day of , 1986. ATTEST: City Clerk Mayor