In the construction, installation, repairing, operation and maintenance of all transmission and distribution lines, poles, conductors, wires, conduits, substations, apparatus and appliances and other facilities for the distribution of electrical energy and power, the utility shall use every reasonable precaution to avoid damage or injury to persons or property. The utility shall indemnify the city from any and all such damage, injury, or expense, including reasonable and necessary attorneys’ fees and court costs, caused by any act or failure to act by the utility, its officers, agents and employees in the connecting, installing, repairing, and maintaining of any of its facilities, or in excavating the public streets and highways or public ground of the city, including the paving, repaving or repairing of any of the public streets, highways or public property of the city. Further, the utility shall indemnify and hold the city harmless for any and all claims, demands or causes of action and expenses, including court costs and all reasonable and necessary attorneys’ fees, brought against the city occasioned by or arising out of the construction, reconstruction, maintenance or repair of the utility’s electrical lighting and power system, either directly or indirectly, and shall defend all suits and pay all final judgments; provided, however, that the provisions of this section shall not be applicable to any claims, damages, actions or causes of actions proximately resulting from the use by the city, city officers, city agents, city representatives or city employees of the utility’s poles and ductlines for the installation, maintenance or removal of city’s equipment, as provided in this division, or for which the city is otherwise liable as provided herein. At the option of the city, the utility may be made a party to any court proceeding.
(Ordinance 98-06, sec. 19, adopted 1/13/98)