93-021 ORD PROVIDING ORDINANCE NO 2564 WHICH GRANTED FRANCHISE TO LONE STAR GAS COMPANY

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of said COMPANY and ail members of the general public in their ordinary use of any ot the premises named in Sections 1 and 2 of this ordinance, and that said COMPANY will so maintain them and all additional or new works constructed during the life of this ordinance; if not so equipped, COMPANY will so equip within ninety (90) days after passage of this ordinance, and thereafter so maintain. Said CUMPANY further expressly agrees to defend at its cost any suit or suits that may be filed against the CITY for negligence of said COMPANY or any of its employees in the maintenance, erection, use or repair of its plant, gas lines or wcrk done on or in connection therewith, or any work described in Sections 1 to 3, inclusive, of this ordinance, and pay any judgment that may be finally rendered against said CITY in any such suit or suits. Failure or refusal to comply with either or both of the foregoing provisions of this section shall constitute good and sufficient cause for forfeiture of this franchise and same may be forfeited by CITY, if, after thirty days' written notice to COMPANY of CITY'S intention to forfeit, compliance is still refused. Section 4. In addition to the rates charged for gas supplied, COMPANY may make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. COMPANY shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the COMPANY'S main in the streets or alleys to and throughout the consumer's premises. COMPANY shall own, operate and maintairi all service lines, which are defined as the supply lines extending from the COMPANY'S main to the Customer's meter where gas is measured by COMPANY. The consumer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with COMPANY'S customer meter to the point of connection with consumer's house piping. Section 5. COMPANY shall not be required to extend mains longitudinally on any street more than one hundred (100) feet for any one consumer of gas, nor shall COMPANY be required to connect consumer to high-pressure lines. Section 6. COMPANY shall be entitled to require from each and every consumer of gas, before gas service is commenced, a deposit of twice the amount of an estimated average monthly bill, which said deposit may be retained by COMPANY until service is discontinued and all bi11s therefor have been paid. COMPANY shall then return said deposit to the consumer, together with six percent (6%) interest thereon from the date of said deposit up to the date of discontinuance of service. COMPANY shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed COMPANY by the consumer making the deposit. Section 7. The rights, privileges and franchises granted by this ordinance are not to be considered exclusive, and CITY hereby expressly reserves the right to grant, at any time, like privileges, rights and franchises as it may see Iit to any other person or corporation for the purpose of furnishing gas for light, heat and power to and for CITY and the inhabitants thereof. -2-