(A) Controlling ordinance. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of electric facilities shall be subject to the city's right-of-way management ordinance. Where a provision of any 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. 753, passed 6-24-04)