Ord 2011-024 - Laserfiche WebLink

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(c) A ROW User shall remove relocate or alter a Facility in a Public Right -of -Way no later than the 120th day after the Director sends written notice (d) If a ROW User fails to remove relocate or alter a facility by the deadline described in Subsection (c), the City may remove or relocate the facility at the owner's sole expense (e) A ROW User shall remove relocate or alter a Facility in a public right-of-way by no later than the deadline assigned by the Director: (1) if the Facility is located outside of the approved right -of -way assignment; or (2) if the Director determines the action is reasonably necessary to abate an obstruction that poses an unreasonable risk to public health, safety or welfare (fl The ROW User shall provide the Director with documentation and field location records for a relocated facility. Sec. 74.160. — Indemnity (a) To the extent authorized by law, each ROW User placing facilities in the Public Right-of- Way shall agree to promptly defend indemnify and hold the City harmless from and against all damages, costs, losses, or expenses (i) for the repair, replacement or restoration of City's property, equipment, materials, structures and facilities that are damaged destroyed or found to be defective as a result of the ROW User's acts or omissions (ii) 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 ROW User (including, but not limited to any person its agents officers employees and subcontractors, City's agents officers and employees and third parties); and /or (b) death bodily iniury, 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 person person's subcontractors and city_ and third parties), arising out of incident to concerning or resulting from the negligent or willful act or omission of the ROW User, its agents employees and /or subcontractors in the performance of activities pursuant to this article. (b) A ROW User that is a Certificated Telecommunications Provider as defined in Chapter 283 of the Texas Local Government Code as amended shall indemnify the City as provided in Section 283.057, Texas Local Government Code as amended (c) This indemnity provision shall not apply to any liability resulting from the negligence or willful misconduct of the City, its officers employees, agents contractors or subcontractors (d) The provisions of this indemnity are solely for the benefit of the City and are not intended to create or grant any right, contractual or otherwise to any other person or entity. Secs. 74.161 — 74.185. Reserved.