§ 52.20 INDEMNITY.

   (A)   Each municipal consent granted under this chapter shall contain provisions whereby the provider agrees to promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses:

      (1)   For the repair, replacement or restoration of city’s property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective solely as a result of the provider’s acts or omissions; and

      (2)   From and against any and all claims, demands, suits, causes of action and judgments for:

         (a)   Damage to or loss of the property of any person (including, but not limited to, the provider, its agents, officers, employees and subcontractors, city’s agents, officers and employees, and third parties); and/or

         (b)   Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the agents, officers and employees of the provider, provider’s subcontractors and city, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act(s) or omissions of the provider, its agents, employees and/or subcontractors, in the performance of activities pursuant to such municipal consent.

   (B)   No municipal consent indemnity provision shall apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors or subcontractors.

   (C)   The provisions of the required indemnity provision set forth in an individual municipal consent shall provide that:

      (1)   It is solely for the benefit of the parties to the municipal consent and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity;

      (2)   To the extent permitted by law, any payments made to, or on behalf of the city under the provisions of this section are subject to the rights granted to providers under Tex. Utilities Code §§ 54.204 through 54.206; and

      (3)   Subject to the continued applicability of the provisions of Tex. Utilities Code §§ 54.204 through 54.206, as set forth in division (C)(2) above, the provisions of the indemnity shall survive the expiration of the municipal consent.

   (D)   The city shall advise the provider as soon as practicable, in writing, of actual or potential litigation that may give rise to any provider’s obligation to defend and indemnify under this section. Failure to comply with this notice requirement shall not be deemed a waiver by the city to require such indemnification.

(1998 Code, § 122-190) (Ord. 99-15, passed 4-7-1999)

§ 52.21 RENEWAL OF MUNICIPAL CONSENT.

   A provider shall request a renewal of a municipal consent by making written application to the Public Works Director or his or her designee at least 90 days before the expiration of the consent.

(1998 Code, § 122-191) (Ord. 99-15, passed 4-7-1999)

§ 52.22 ANNEXATION; DISANNEXATION.

   Within 30 days following the date of the passage of any action affecting the annexation of any property to or the disannexation of any property from the city’s corporate boundaries, the city agrees to furnish provider written notice of the action and an accurate map of the city’s corporate boundaries showing street names and number details. For the purpose of compensating the city under this chapter, a provider shall start including or excluding access lines within the affected area in the provider’s count of access lines on the effective date designated by the State Comptroller of Public Accounts, for the imposition of state local sales and use taxes, but in no case less than 30 days from the date the provider is notified by the city of the annexation or disannexation.

(1998 Code, § 122-192) (Ord. 99-15, passed 4-7-1999)

§ 52.23 SEVERABILITY.

   The provisions of this chapter are severable. However, in the event this chapter or any tariff that authorizes the provider to recover the fee(s) provided for this chapter or any procedure provided in this chapter or any compensation due the city under this chapter becomes unlawful, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, illegal or otherwise inapplicable, in whole or in part, or is exchanged for another means of compensation under higher authority, the provider and city shall meet and negotiate a new agreement that is in compliance with the authority’s decision or enactment. Unless explicitly prohibited, the new agreement shall provide the city with a level of compensation comparable to that set forth in this chapter as long as the agreed-to compensation is recoverable by the provider in a manner permitted by law for the unexpired portion of the term of this chapter.

(1998 Code, § 122-193) (Ord. 99-15, passed 4-7-1999)

§ 52.24 GOVERNING LAW.

   This chapter shall be construed in accordance with the city code(s) in effect on the date of passage of this chapter to the extent that such code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the state, subject to the city’s ongoing authority to adopt reasonable regulations to manage its public rights-of-way, pursuant to §§ 52.17 and 52.18 of this chapter or as otherwise provided by law. Municipal consents entered into pursuant to this chapter are performable in the county.

(1998 Code, § 122-194) (Ord. 99-15, passed 4-7-1999)

§ 52.25 TERMINATION.

   (A)   The city shall reserve the right to terminate any municipal consent and any rights or privileges conveyed under this chapter in the event of a material breach of the terms and conditions of the municipal consent of this chapter, subject to a 30-day written notice and the opportunity to cure the breach during that 30-day period.

   (B)   Material breaches of a municipal consent specifically include, but are not limited to, continuing violations of §§ 52.11, 52.17 and/or 52.18 of this chapter, and the furnishing of service of any kind that requires municipal authorization but that is not authorized by § 52.03(A) of this chapter.

   (C)   A material breach shall not be deemed to have occurred if the violation occurs without the fault of a provider or occurs as a result of circumstances beyond its control. Providers shall not be excused from performance of any of then obligations under this chapter by economic hardship, nor misfeasance or malfeasance of their Public Works Director or his or her designees, officers or employees.

   (D)   A termination shall be declared only by a written decision by motion, resolution or ordinance of the City Commission after an appropriate public proceeding before the City Commission, which shall accord the provider due process and full opportunity to be heard and to respond to any notice of grounds to terminate. All notice requirements shall be met by giving the provider at least 15-days’ prior written notice of any public hearing concerning the proposed termination of its consent. Such notice shall state the grounds for termination alleged by city.

(1998 Code, § 122-195) (Ord. 99-15, passed 4-7-1999)

§ 52.26 UNAUTHORIZED USE OF PUBLIC RIGHTS-OF-WAY.

   (A)   Any person seeking to place facilities on, in or over the public rights-of-way, city property, city structures or utility infrastructure shall first file an application for a municipal consent with the city and shall abide by the terms and provisions of this chapter pertaining to use of the public rights-of-way and pay the fees specified herein.

   (B)   The city may institute all appropriate legal action to prohibit any person from knowingly using the public rights-of-way unless the city has consented to such use in accordance with the terms of this chapter and with a municipal consent.

   (C)   Any person using the public rights-of-way without a municipal consent shall be liable for the same fees and charges as provided for herein.

(1998 Code, § 122-196) (Ord. 99-15, passed 4-7-1999)