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O-1958-532
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O-1958-532
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Last modified
11/2/2016 3:38:22 PM
Creation date
10/23/2006 7:01:22 PM
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Legislative Records
Legislative Type
Ordinance
Date
4/18/1958
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• <br />for any reason held to be unconstitutional, void or invalid <br />• (or for any reason unenforceable), the validity of the re- <br />maining portions of this ordinance shall not be affected <br />thereby, it being the intent of the City in adopting this <br />ordinance that no portion thereof or provision or regulation <br />contained herein shall become inoperative or fail by reason <br />of any unconstitutionality or invalidity of any other portion, <br />provision or regulation, and to this end, all provisions <br />of this ordinance are declared to be severable. <br />Section l2. The City by the granting of this <br />franchise does not surrender or to any extent lose, waive, <br />impair or lessen the lawful powers and rights, now or here- <br />. after vested in the City to regulate the rates and services <br />of Company; and Company by its acceptance of this franchise <br />agrees that all such lawful regulatory powers and rights as <br />the same may be from time to time vested in the City shall <br />be in full force and effect and subject to the exercise <br />thereof by the City at any time and from time to time. <br />Section 13. The Company, its successors and as- <br />signs, shall protect and hold City harmless against all <br />claims for damages or demands for damages to any person or <br />property by reason of the construction and maintenance of <br />its eleetrial lighting and power system, or in any way <br />growing out of the granting of this franchise, either <br />directly or indirectly, or by reason of any act, negli- <br />gence, or nonfeasance of the contractors, agents or em- <br />ployees of Company, its successors or assigns, and shall <br />refund to City all sums which it may be adjudged to pay on <br />any such claim, or which may arise or grow out of the ex- <br />ercise of the rights and privileges hereby granted, or by <br />the abuse thereof, and Company, its successors and assigns, <br />shall indemnify and hold the City harmless from and on <br />account of all damages, costs, expenses, actions, and causes <br />8. <br />
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