(A) Controlling ordinance. Company's con-struction, reconstruction, operation, repair, maintenance, location and relocation of gas facilities shall be subject to other reasonable regulations of the city consistent with the authority granted the city to manage its public ways and public grounds under state law, to the extent not inconsistent with a specific term of this franchise. Where a provision of the city's right-of-way management ordinance conflicts with the provisions of this subchapter, the provisions of the city's right-of-way management ordinance shall prevail. Where a provision of any other city ordinance conflicts with the provisions of this subchapter, the provisions of this subchapter shall prevail.
(B) Severability. Every section, provision, or part of this subchapter is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part.
(C) Limitation on applicability. This subchapter constitutes a franchise agreement between the city and company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.
(Ord. 737, passed 10-23-03)