Sec. 2.01. Grantee's use and occupancy of the Public Rights-of-Way within the corporate limits of City shall be subject to the lawful exercise of the City's police power, and its statutory rights to regulate utility services and the City's Public Rights-of-Way. To the extent permitted by law, if there is a conflict between this franchise ordinance and any ordinance or regulation regarding the use and occupancy of the Public Rights-of-Way, including any right-of-way management ordinances, the franchise ordinance shall control.

Sec. 2.02. All poles erected by Grantee pursuant to the authority herein granted shall be built in accordance with generally accepted industry standards and shall be set, to the extent practical, so that they will not unreasonably interfere with the flow of water in any gutter or drain or with the ordinary travel on the streets, sidewalks, or other Public Rights-of-Way. Within the streets or other Public Rights-of-Way of City, the location and reroute of all poles, stubs, guys, anchors, lines, conduits, and cables placed and/or constructed by Grantee in the construction and maintenance of the electrical lighting and power system in City shall be subject to the reasonable and proper regulation, control, and direction of City, or any City official to whom such duties have been or may be duly delegated, which regulation and control shall include, but not by way of limitation, the right to require in writing a reasonable amount of time in advance, at no cost to City, the timely relocation of Grantee's Facilities, exclusive of street lighting and facilities installed for service directly to City, within the streets or other Public Rights-of-Way whenever such shall be reasonably necessary on account of the construction, widening, change of grade, or relocation by City of streets or Public Rights-of-Way, or construction or relocation by City of City utility lines or drainage facilities. The failure by Grantee to provide for the timely relocation of such facilities, under the circumstances then existing and in accordance with applicable tariff standards, shall be deemed a material breach of this franchise. Grantee may seek compensation for such relocation from third parties, including other political subdivisions, instrumentalities, or agencies of the State of Texas. City shall bear the costs of all relocations of street lighting and Facilities installed for service directly to the City and of any relocation of other Facilities requested by the City for reasons other than the construction, widening, change of grade, or relocation by City of streets or Public Rights-of-Way, or construction or relocation by the City of City utility lines or drainage facilities. Except in the event of an emergency, City shall give Grantee at least seventy-two (72) hours notice when requesting the bracing of Grantee's poles. Grantee shall pay for the bracing to accommodate the City's construction, widening, change of grade, or relocation of streets or Public Rights-of-Way, or construction or relocation by the City of City utility lines or drainage facilities.

Sec. 2.03. Except as provided in Section 2.02, above, in consideration for the compensation set forth in Section 6.01, the City agrees that if the City sells, conveys, or surrenders possession of any portion of the Public Rights-of-Way that is being used by Grantee pursuant to this Ordinance, the City, to the maximum extent of its right to do so, shall first grant Grantee an easement for such use; and the sale, conveyance, or surrender of possession of the portion of the Public Rights-of-Way shall be subject to the right and continued use of Grantee.

Sec. 2.04. The surface of any Public Right-of-Way disturbed by Grantee in erecting, constructing, maintaining, operating, using, extending, removing, replacing, or repairing its Facilities shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work. No Public Right-of-Way shall be encumbered by construction, maintenance, or removal work by Grantee for a longer period than shall be reasonably necessary to execute such work.

Sec. 2.05. Grantee shall furnish the grade of service to retail customers as provided in its tariffs and shall maintain its Facilities in reasonable operating condition during the continuance of this Ordinance. Grantee's tariffs shall govern the rates, access to service, terms, and quality of electric delivery services provided by Grantee. An exception to this requirement is automatically in effect when due to force majeure. In any force majeure event, Grantee shall do all things reasonably within its power to restore normal service. As used herein, force majeure shall mean forces or conditions not reasonably within the control of a party (including, but not limited to: a strike; war or act of war (whether an actual declaration of war is made or not); insurrection; riot; act of public enemy; accident; fire; flood or other act of God; sabotage; shortages in materials, supplies, and equipment; governmental regulations; limitations and restrictions as to the use and availability of materials, supplies, and equipment and as to the use of services; unforeseen and unusual demands for service or other events) where the affected party has exercised all due care in the prevention thereof and such causes or other events are without the fault or negligence of the affected party.

Sec. 2.06. Grantee, on the written request of any person shall temporarily remove, raise, or lower its wires and/or other Facilities to permit construction work in the vicinity thereof or to permit the moving of houses or other large or bulky structures. The reasonable expense of Grantee (including, but not limited to administrative expenses of Grantee) of such temporary removal, raising, or lowering of its wires and/or other Facilities shall be paid for by the benefited party or parties. Grantee may require such payment in advance and Grantee shall not be obligated to temporarily remove, raise, or lower its wires and/or other Facilities until such payment has been made. Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary removal, raising, or lowering of its wires and/or other Facilities.

Sec. 2.07. Grantee shall construct, operate, and maintain its Facilities in substantial accordance with Grantee's own Service Standards and the applicable provisions of the National Electrical Safety Code, as the same is amended from time to time (together with any replacement code of comparable industry acceptance, the "NESC"). Grantee shall determine the method of construction and types of materials used in building, maintaining, and operating Grantee's Facilities. City shall require its employees and contractors performing work for the benefit of City to report as soon as practicable any damage done to Grantee's Facilities. Grantee also agrees to require its employees and contractors performing work for the benefit of Grantee to report as soon as practicable any damage done to City's Facilities.

Sec. 2.08. In addition to other considerations set forth herein, Grantee shall furnish, free of charge, subject to the use of City, such pole and/or duct space as may be required from time to time for the installation of City-owned traffic signal light systems, police and fire alarm system conductors, fiber optic cable, computer cable, Christmas lights and banners; provided such conductor space on any pole does not exceed the capacity of one cross arm on any one pole or one interior duct and provided such space is then available on existing poles or ducts. The specific location for these traffic signal light systems, police and fire alarm conductors, fiber optic cable, computer cable, Christmas lights and banners on Grantee's poles and/or ducts shall be determined by Grantee and shall be allotted at the time specific applications for space are received from City. All City traffic signal light systems, police and fire alarm circuits, fiber optic cable, computer cable, Christmas lights and banners on Grantee's poles and ducts shall be designed and installed, operated, and maintained in compliance with the applicable provisions of the NESC and other laws, statutes, codes and ordinances applicable to private parties and so as to create no interference, corrosion, harm, damage, or hazard with, to or from the Facilities or Grantee's use thereof. All plans for City traffic signal light systems, police and fire alarms circuits, fiber optic cable, computer cable, Christmas lights and banners on Grantee's poles and ducts must be submitted for Grantee's written approval prior to installation. Any modifications to Grantee's Facilities necessary to accommodate such installation will be paid by the City.

It is further agreed that Grantee shall not be responsible to any party or parties whatsoever for any third party suits, proceedings, causes of action, claims, losses, damages, fines, penalties, costs and expenses, including reasonable attorneys' fees and court costs, for damages or injuries to persons or the property of third parties by reason of the installation, maintenance, inspection, operation and/or non-operation of the City-owned traffic signal light systems, police and fire alarm system conductors, fiber optic cable, computer cable, Christmas lights, and banners constructed upon Grantee's poles or in its ducts, or street light pole, ballast, and bulbs belonging to the City, even if installed and/or maintained by Grantee on behalf of City, and City shall, to the extent permitted by law, indemnify and hold Grantee harmless from and against all such third party suits, proceedings, causes of action, claims, losses, damages, fines, penalties, costs and expenses, including reasonable attorneys' fees and court costs, for damages or injuries to persons or property (including that of Grantee), but City does not, by this ordinance, admit primary liability to any third party by reason of City's operation and use of such City-owned traffic signal light systems, police and fire alarm system conductors, fiber optic cable, computer cable, Christmas lights, and banners and street light poles, ballast and bulbs, such being a function of government.

Sec. 2.09. Emergency Repairs; Restoration of Service. During an Emergency where, in the good faith judgment of Grantee, failure to act immediately could jeopardize public health, safety, or general welfare, or in situations where a repair is necessary to restore service to a customer, Grantee may perform repairs to Facilities in the Public Rights-of-Way, including repairs that involve the alteration or disturbance of the surface of such Public Rights-of-Way, without prior notification to, or acquisition of a construction permit from, the City. In such cases, Grantee shall notify the Mayor, or his or her designee, as promptly as possible after beginning the work, but in no event later than the close of business on the next business day, stating the nature of such repairs and, if not completed, the length of time estimated to complete same. The Grantee shall apply for any required approvals as soon as reasonably practicable, and any work performed that is not consistent with then applicable standards shall be corrected upon notice thereof from the City. As used in this Section 2.09, "Emergency" shall mean a situation which, unless immediate remedial action is taken, will likely result in harm to public health, safety, and/or welfare.