§ 24-206. Obligations and default.  


Latest version.
  • (1)

    Location and compliance. The permittee shall construct, maintain and operate said transmission cable and facilities in such locations and/or at such depths or heights, below or above the grades of rights-of-way or property surfaces as applicable safety codes require and according to plans and specifications submitted under subsection 24-204(1), and all ordinances, laws or government regulations, federal, state, or local, now legally in force or which may hereafter legally take effect and be applicable to the construction, installation, repair or maintenance of said transmission cable or facilities or of other utility facilities located in, on, under or above city or public rights-of-way or property (as defined in section 24-201. Expansion, enlargement or relocation of facilities, not previously approved, shall require the same plan approval process required for initial plan approval under section 24-204 above, except that no new permit contract or permit process fee shall be required if a permit contract is already in effect. Maintenance, repair, and minor improvements of facilities property in place shall not require a contract or further approval, unless a safety hazard shall be caused by the construction.

    (2)

    Indemnity.

    (a)

    Permittees shall indemnify and hold the City of Tupelo, its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the permittee, its agent, officer, director, representative , employee, affiliate, or subcontractor, while installing, repairing or maintaining facilities in city or public rights-of-way or city or public property as defined in section 24-201, or resulting from noncompliance with approved plans and specification of this article or violation of terms or conditions of the permit contract. The indemnity hereby required does not apply to any liability resulting from the negligence of the municipality, its officers, employees, or subcontractors. Where comparative negligence is adjudicated, damages shall be apportioned according to the laws of the State of Mississippi. The city does not by this article waive any statutory or common law immunity.

    (b)

    Telecommunications provider or City of Tupelo shall promptly advise the other in writing of any known claim or demand related to or arising out of provider's activities in city or public rights-of-way or property.

    (3)

    Insurance. Permittee shall maintain workers-compensation insurance as required by law and employee's liability and general liability insurance coverage terms of which shall be provided in the permit contract. Where a company provides insurance, under a qualified self-insured plan, the city may accept coverage under this plan and require such certification as it deems necessary to assure that the plan meets all state law requirements and is a reliable plan backed by satisfactory reserves.

    (4)

    Violation of permit. For violation of this article by the telecommunications provider, the City of Tupelo shall be entitled to prosecute enforcement action and/or other action for ordinance violation and for such penalties as may be provided for violation of a city ordinance or state law. Also, violation of the terms of this article or of the permit contract shall be an event of default of the permit contract and in addition to other remedies available to the city, the city shall be entitled to specifically enforce performance, or to cancel the permit contract unless said default is cured by the communications provider on or before 30 calendar days after written notice of default is served by the city on thee provider.

    (5)

    Transfer of telecommunications permit contract. Transfer or assignment of a permit contract granted under this article shall be effective only after notice of transfer is given by the telecommunications provider to the city, which shall be in writing and include the same information as to address domicile, principal ownership, management, and other essential information required from the original telecommunications provider und subsection 24-203(1). No transfer or assignment shall relieve transferor from any obligation to the city existing at the time of transfer. Failure to pay accrued fees becoming due after transfer shall invalidate the permit contract transfer.

(Ord. of 10-21-14)