|
6.3 During the Company's installation of its Facilities in a Public Right -of -Way, the City may, at its
<br />cost, place its facilities in the trenches in the Right of Way occupied by the Company's Facilities, provided
<br />the City pay any incremental increase in cost incurred by the Company for trenching necessary to
<br />accommodate such City facilities. Such activity must be technically, commercially, and economically
<br />feasible and not in violation of state or federal regulations or industry safety standards.
<br />6.4 The City expressly reserves the right to change grades, construct, widen or relocate Streets and
<br />other public facilities as provided in Section 14.
<br />6.5 Company, in constructing, maintaining or repairing its Facilities, shall not interfere with any public
<br />utility facilities in any public property except with the consent and direction of the City Manager or his
<br />designee. The right of the Company to use any area of public property shall in no way affect the right of
<br />the City or its agents to maintain, construct, repair, or operate any pavement, curbs, gutters, wires, cables,
<br />water or sewer pipes, or electric distribution facilities owned by the City and located within or near the
<br />public property.
<br />Section 7. QUALITY OF SERVICE. The service furnished hereunder to the City and its
<br />inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas
<br />and all other applicable local, state and federal regulations. Company shall furnish the grade of service to
<br />its customers as provided by its rate schedules and shall maintain its system in reasonable operating
<br />condition during the continuance of this Franchise. An exception to this requirement is automatically in
<br />effect, but only for so long as is necessary, when caused by a shortage in materials, supplies and equipment
<br />beyond the control of the Company as a result of fires, strikes, riots, storms, floods and other casualties,
<br />governmental regulations, limitations and restrictions as to the use and availability of materials, supplies
<br />and equipment and as to the use of the services, and unforeseeable and unusual demands for service. In
<br />any of such events the Company shall do all things reasonably within its power to restore normal service
<br />as quickly as practicable.
<br />Section S. PAYMENT TO THE CITY. In consideration of the rights and privileges herein
<br />granted, the administration of the Franchise by the City, the temporary interference with the use of Public
<br />Rights -of -Way and cost and obligations undertaken by the city in relation thereto and in lieu of any license,
<br />charge, fee, street or alley rental or other character of charge for use and occupancy of the Streets, alleys,
<br />and public places of the City, and in lieu of any inspection fee, the Company agrees to pay to the City
<br />franchise fees in the amount and manner described herein.
<br />Company agrees to pay to the City quarterly during the continuance of this Franchise a sum of
<br />money equal to five percent (5 %) of the Company's gross receipts for the preceding calendar quarter
<br />received by the Company from the sale of gas within the corporate limits of the City plus seven cents (7¢)
<br />per Mcf for natural gas transported by Company for its Transport Customers during such quarter.
<br />"Transport Customer" means any person or entity for whom Company transports gas through the
<br />distribution system of Company within the corporate limits of City for consumption within the corporate
<br />limits of City. The franchise fees hereunder shall be calculated for the calendar quarters ending March
<br />31, June 30, September 30, and December 31 and shall be payable on or before the fifteenth day of May,
<br />August, November, and February following the quarter for which payment is made, beginning with the
<br />first such date following the Effective Date of this Franchise and each August 15th, November 15th,
<br />
|