Res 2011-121 - Laserfiche WebLink

Home Browse Search

Section 4.07. On all Poles on which there are electric air switches or risers, the Licensee will install its Attachments to the Poles using stand -off brackets approved by the City. ARTICLE 5. PRIVATE AND REGULATORY COMPLIANCE Section 5.01. Licensee represents that it holds a valid Service Provider Certificate of Operating Authority (SPCOA) issued by the Public Utility Commission of Texas to provide facilities -based and resale communications services within the geographic area of the state of Texas which has not been suspended or revoked. Section 5.02. The Licensee will be responsible for obtaining from the appropriate public and private authorities and persons all authorizations required by the authorities or persons to construct, operate and maintain the Licensee's Facilities on public and private property before the Licensee makes any Attachments to the Poles. The City may require the Licensee to submit evidence that appropriate authorizations have been obtained before issuing a Permit to the Licensee. The Licensee's obligations include, but are not limited to, the obtaining of approvals to occupy public or private rights -of -way and to pay all associated fees. Section 5.03. THE LICENSEE WILL HOLD HARMLESS, DEFEND AND INDEMNIFY THE CITY FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, INCLUDING THE REASONABLE FEES -OF ATTORNEYS AND EXPERT WITNESSES SELECTED BY THE CITY, THAT THE CITY MAY INCUR ARISING OUT OF OR IN CONNECTION WITH ANY CLAIMS, LOSSES THAT THE LICENSEE DOES NOT HAVE SUFFICIENT RIGHTS OR AUTHORITY TO INSTALL OR MAINTAIN THE LICENSEE'S FACILITIES AT ANY LOCATION. Section 5.04. The Licensee will ensure that the Licensee's Facilities comply with all applicable local, state and federal laws. Section 5.05. The license granted under this Agreement will not extend to any Pole where the attachment of the Licensee's Facilities would result in a forfeiture of any right or interest of the City. If an Attachment would cause such a forfeiture, the Licensee will remove the Attachment within the time specified in a written notice from the City. The City may remove the Attachment at the Licensee's expense if the Licensee does not remove the Attachment within the time specified in the notice. Section 5.06. Consent by the City to the installation or maintenance of any Attachment of the Licensee will not be deemed to be an acknowledgment by the City that the Licensee has the necessary authority to construct or maintain the Attachment. 7 C: \Documents and Settings \tamara.slade \Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos PAA FINAL CLEAN 10 17 201 I.docx