2015-020 - Atmos franchise - Laserfiche WebLink

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B. Company shall install, maintain, construct, operate, and replace its facilities in accordance with applicable city ordinances and so as to interfere as little as possible with traffic. In determining the location of new facilities of the City and other users of Public Right -of -Way within City, City shall minimize interference with then - existing System Facilities of Company and agrees to work with Company and other users of Public Rights -of -Way in order to minimize, to the extent reasonably possible, interference with existing System Facilities of Company by other users of the Public Right -of -Way. In determining the location of the Company's new facilities in the City, the Company shall minimize interference with then existing or documented planned underground structures of the City or with existing facilities of other users of the Public Right -of -Way. In the event of a conflict between the location of the proposed System Facilities of Company and the location of the existing facilities of City or other users of Public Rights -of- Way within Public Rights -of -Way and the parties involved have been unable to resolve such conflict through their good faith efforts, City or an authorized agent of City shall resolve the conflict and determine the location of the respective facilities within the Public Rights -of -Way, subject however to the terms and conditions of this Franchise and giving effect to generally accepted industry operational and safety practices. C. Company's property and operations within the Public Rights -of -Way of the City shall be subject to such reasonable rules and regulations of the City as may be authorized by applicable law from time to time for the protection of the general public. This Franchise shall in no way affect or impair the rights, obligations, or remedies of the parties under the Texas Gas Utility Regulatory Act, or other state or federal law. Nothing herein shall be deemed a waiver, release, or relinquishment of either party's right to contest, appeal, or file suit with respect to any action or decision of the other party, including ordinances adopted by the City that Company believes are contrary to any federal, state, or local law or regulation. The City shall endeavor to provide Company with reasonable notice and opportunity to review and comment upon any new or revised City laws, rules, or regulations that impact Company's use of the Public Rights -of- Way, but the failure to do so shall not affect the applicability of such laws, rules, or regulations to Company. D. Company or contractors working on behalf of Company shall be required to obtain permits for construction in Public Rights -of -Way as provided in City ordinances, but shall not be required to pay for such permits. Page 4 4340964.4