Ord 2019-037/approving a franchise agreement with SiEnergy for natural gas utility services

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SECTION 6. STREETS TO BE RESTORED TO GOOD CONDITION. 6.1 Following completion of work in the Public Rights -of -Way, Company shall repair the affected Public Rights -of -Way as soon as possible and shall comply with all City ordinances governing time periods and standards relating to excavating in the Public Rights -of -Way, No Street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. 6.2 Company shall ensure the quality of the restoration workmanship for one (1) year following the completion of the restoration. During the one-year maintenance period, the Company shall remedy any area repaired by the Company when directed to do so by City in the event of a pavement failure. 6.3 During the Company's installation of its Facilities in a Public Right -of -Way. the City may, at its cost, place its facilities in the trenches in the Right of Way occupied by the Company's Facilities, provided the City pays any incremental increase in cost incurred by the Company for trenching necessary to accommodate such City facilities. Such activity must be technically, commercially, and economically feasible and not in violation of state or federal regulations or industry safety standards. 6.4 The City expressly reserves the right to change grades, construct, widen or relocate Streets and other public facilities as provided in Section 14. 6.5 Company, in constructing, maintaining or repairing its Facilities, shall not interfere with any public utility facilities in any public property except with the consent and direction of the City Manager or his designee. The right of the Company to use any area of public property shall in no way affect the right of the City or its agents to maintain, construct, repair, or operate any pavement, curbs, gutters, wires, cables, water or sewer pipes, or electric distribution facilities owned by the City and located within or near the public property. SECTION 7. QUALITY OF SERVICE. The service furnished hereunder to the City and its inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas and all other applicable local, state and federal regulations. Company shall furnish the grade of service to its customers as provided by its rate schedules and shall maintain its system in reasonable operating condition during the continuance of this Franchise. An exception to this requirement is automatically in effect, but only for so long as is necessary, when caused by a shortage in materials, supplies and equipment beyond the control of the Company as a result of fires, strikes, riots, storms, floods and other casualties, governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of the services, and unforeseeable and unusual demands for service. In any of such events, the Company shall do all things reasonably within its power to restore normal service as quickly as practicable.