Ord 2023-051 granting to Universal Natural Gas, LLC d/b/a Universal Natural Gas, Inc., the right, privilege and franchise to construct, install, extend, remove, replace, abandon, operate and maintain its facilities with the public rights of SMTX

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2.5 "Gross Receipts" shall mean all amounts received by the Company from the sale of gas to its customers within the corporate limits of City that correspond to the Company's tariff charges for: (a) customer charge: (b) commodity charge: (c) tax adjustment; and (d) gas cost adjustment. 2.6 "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. 2.7 "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. 2.8 "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 Company transports gas through the distribution system of Company 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 NATURAL GAS DISTRIBUTION SYSTEM. 4.1 All Facilities installed by Company 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 Company performs construction, maintenance, and repair activities. 4.2 Company 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 Company 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 Company will provide current maps detailing the location of