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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the Company'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 request from the City, the Company will promptly provide detailed maps of the Company's Facilities, if any, within the limits of the City's undertaking. 4.5 Unless otherwise stated herein,the Company shall comply with all applicable laws and provisions of ordinances of the City regarding construction within or on a Public Right-of- Way including but not limited to Chapter 74, Article 4 of the San Marcos City Code regarding Right-of-Way Construction, as amended. SECTION 5. PERMITS. 5.1 Permit Applications. Except as indicated below, Company and its contractors shall file an application for a permit indicating the dates, location, and nature of all work to be performed on its Facilities within the Public Rights-of-Way. Unless otherwise stated herein, the City shall approve or deny the permit application within ten (10) days of Company's submission of its application or be deemed granted. Company and contractors performing work for Company shall not be required to pay any fee to perform work on Company's Facilities, or park within the Streets and other Public Rights-of-Way, other than the fees set forth in Section 8 of this Franchise. 5.2 Major Construction. Company shall not engage in the removal, retirement, abandonment, replacement, extension or installation of Facilities involving open trenching, excavating, boring, cutting, and the like in, under, upon, over, across, or along paved Streets, alleys, public way or place or any Public Rights-of-Way without first filing an application for a permit at least thirty(30) days prior to the start date of construction. Such permit shall include the scope and duration of the work,necessary maps, site and civil drawings, and traffic control plans, if applicable. The City shall approve or deny the permit application within thirty (30) days of Company's submission of its application or be deemed granted. 5.3 Emergency Operations. In the event Company determines there is a need to initiate Emergency Operations, Company may act without any prior notice or permit, but shall provide notice on the first working day following Company's completion of Emergency Operations. Such notice shall include the required permit information provided herein that corresponds to the type of work performed during the emergency. The notification of police or fire departments when initiating such Emergency Operations shall be at Company's sole discretion and judgment. 5.4 Routine Maintenance. No permit shall be required to perform any Routine Maintenance. 5.5 City Requested Relocations. Company and contractors performing work for Company shall not be required to obtain any permits for relocations of Facilities requested by the City, provided that the relocated Facilities are placed in the location designated by the City and the relocation is otherwise in accordance with the City's request to relocate.