ORD 2021-025 Granting to Maxwell Special Utility District

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water to its customers within the corporate limits of City that correspond to the District's tariff charges for: (a) customer charge: (b) commodity charge: (c) tax adjustment; and (d) water cost adjustment. 2.6 "Public Rights -of -Way" shall mean the areas in, under, upon, over, across, and along any and all of the present and future Streets or streams now or hereafter owned or controlled by City. 2.7 "Routine Maintenance" shall mean, non -emergency repairs, not taking longer than 6 hours on City designated major thoroughfares and in public school zones between 9 a.m. and 3 p.m., and not taking longer than 10 hours on other Public Rights -of -Way between 8 a.m. and 6 p.m. where the paved surface of the rights-of-way, including the sidewalk and curbs, is not broken and there is no trenching in the unpaved surfaces of the Public Rights -of -Way beyond 24 inches. 2.8 "Street" shall mean the surface and the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way. 2.9 "Transport Customer" means any person or entity for whom District transports water through the distribution system of District within the corporate limits of the City for consumption within the corporate limits of the City. SECTION 3. TERM OF FRANCHISE. This Franchise shall become effective on the Effective Date described in Section 22 and shall be in full force and effect for a term of five (5) years. SECTION 4. CONSTRUCTION AND MAINTENANCE OF WATER DISTRIBUTION SYSTEM. 4.1 All Facilities installed by District in a Public Right -of -Way shall be of sound material and good quality, and shall be laid so that they will cause the least interference with traffic over the Public Rights -of -Way, the artificial drainage of the City or its underground or overhead fixtures and public utilities, or with navigation in or the natural drainage of any stream. All Facilities shall be installed, maintained, and repaired in accordance with applicable Federal, State and City laws, codes and regulations and in accordance with accepted industry standards in effect at the time the District performs construction, maintenance, and repair activities. 4.2 District shall conduct its maintenance, repair, construction and similar activity in a manner that will cause the least interference with the use of public or private property. 4.3 Within the Public Rights -of -Way, the location, relocation, and route of the Facilities by the District shall be subject to the reasonable and proper regulation, direction and control of the City or the City official to whom such duties have been delegated. 4.4 At least annually, the District will provide current maps detailing the location of the District's Facilities in the corporate limits of the City. In addition, when the City is undertaking any installation or maintenance of public improvements that may involve excavation, upon written