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