2015-020 - Atmos franchise - Laserfiche WebLink

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J. When Company is required to remove or relocate its mains, laterals or other System Facilities to accommodate construction by City without reimbursement from City, Company shall have the right to seek recovery of relocation costs as provided for in applicable state and /or federal law. Nothing herein shall be construed to prohibit, alter, or modify in any way the right of Company to seek or recover a surcharge from customers for the cost of relocation pursuant to applicable state and /or federal law. City shall not oppose recovery of relocation costs when Company is required by City to perform relocation. City shall not require that Company document request for reimbursement as a pre- condition to recovery from customers of such relocation costs pursuant to applicable state and /or federal law. Notwithstanding the foregoing, the City shall have the right to request other project documentation to the full extent provided by state law. K. If City abandons any portion of the Public Rights -of -Way in which Atmos Energy has System Facilities, for public safety reasons or in furtherance of a public project, City shall determine whether it is appropriate to retain a public utility easement in such Public Right -of- Way for use by Company. If City determines, in its sole discretion, that the continued use of the Public Right -of -Way by Company is compatible with the abandonment of the Public Right -of- Way, then in consideration of the compensation set forth in Section 13, and to the maximum extent of its right to do so, City shall grant Company an easement for such use, and the abandonment of the Public Right -of -Way shall be subject to the right and continued use of Company. If City determines, in its sole reasonable discretion, that it is not appropriate to retain a public utility easement in such Public Right -of -Way, Company shall be responsible, subject to the provisions of Section 3, for relocating its System from such Public Right -of -Way, as directed by City. If Public Right -of -Way is sold, conveyed, abandoned, or surrendered by City to a third party, such action shall be conditioned upon Company's right to maintain use of the former Public Right -of -Way. If the third party requests Company to relocate its System from the former Public Right -of -Way, and if such relocation is agreed to by Company, such relocation shall be at the expense of the party requesting same. In addition, in the event of a third party requesting the relocation, if the relocation cannot practically be made to another Public Right -of -Way, the expense of any right -of -way acquisition shall be considered a relocation expense to be reimbursed by the party requesting the relocation. Page 7 4340964.4