Ord 2012-032 - Laserfiche WebLink

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all Public Ways. PEC is further granted the right to occupy and use in any lawful way, said Public Ways in accordance with and during the term of this Franchise. This occupancy and use is granted solely for the services, uses, effects, and lawful purposes described herein. 2.1.2 Nothing herein shall be construed to require or authorize PEC to exceed its certification rights granted by the PUCT. 2.2 The operation, construction, and maintenance of PEC's Transmission and Distribution System shall be subject to and comply with this Franchise, all applicable laws of the United States, the State of Texas, the city charter, and city ordinances, rules and regulations and other applicable codes. 2.3 The term of this Franchise shall expire five (5) years from the Effective Date of this Ordinance. 2.4 PEC shall not transfer this Franchise or any rights and privileges granted herein without written approval of the Council expressed by ordinance. Once approved, PEC shall provide written notice of the actual transfer within thirty (30) days of the completion of the transfer. SECTION 3. Service 3.1 Electric Utility Services shall be provided by means of PEC's Transmission and Distribution System. 3.2 Condition and Location of poles. All poles placed within the Public Rights -of -Way by PEC after the Effective Date shall be of sound material and reasonably straight and shall be so set as to cause the least interference reasonably possible with: the flow of water in any gutter or drain; the operations or facilities of any City Utility, any television cable, telephone facilities, fiber optic, traffic control signals, street lights, fire or communication facilities or lines, or ordinary travel on the streets or sidewalks; or ingress or egress to and from all property. 3.3 The location and route of all PEC Transmission and Distribution System facilities in public Rights -of -Way shall be subject to: 3.3.1 the approval of the City Manager or his designee; and 3.3.2 all applicable ordinances, laws, rules, regulations, and city charter provisions of the City now in force or that may hereafter be passed and adopted. Whenever the standards and specifications in this Franchise conflict with those contained in another ordinance, the most stringent or restrictive provisions shall govern. 5