The company acknowledges the critical nature of the municipal
services performed or provided by the City to the residents which
require the company to provide prompt and reliable utility service
and the performance of related services for City facilities. The City
and the company wish to provide for certain terms and conditions under
which the company will provide utility service and perform related
services for the City in order to facilitate and enhance the operation
of City facilities. They also wish to provide for other processes
and procedures related to the provision of utility service to the
City.
Subject to the jurisdiction of the PUC, the company shall take
all reasonable and necessary steps to provide a sufficient supply
of gas and electricity to residents at the lowest reasonable cost
consistent with reliable supplies.
The company shall be responsible for obtaining, paying for, and complying with all applicable permits including, but not limited to, excavation, street closure and street cut permits, in the manner required by the laws, ordinances, and regulations of the City. Although the company shall be responsible for obtaining and complying with the terms of such permits when performing relocations requested by the City under Section 6.8 of this franchise and undergrounding requested by the City under Article
11 of this franchise, the City will not require the company to pay the fees charged for such permits.
When the company does any work in or affecting the City streets
or other City property, it shall, at its own expense, promptly remove
any obstructions therefrom and restore such City streets or other
City property to a condition that is substantially the same as existed
before the work, and that meets applicable City standards. If weather
or other conditions do not permit the complete restoration required
by this section, the company may with the approval of the City, temporarily
restore the affected City streets or other City property; provided,
that such temporary restoration is at the company’s sole expense
and provided further that the company promptly undertakes and completes
the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration. Upon the request of
the City, the company shall restore the streets or other City property
to a better condition than existed before the work was undertaken,
provided that the City shall be responsible for any incremental costs
of such restoration not required by then-current City standards. If
the company fails to promptly restore the City streets or other City
property as required by this section, and if, in the reasonable discretion
of the City immediate action is required for the protection of public
health and safety, the City may restore such City streets or other
City property or remove the obstruction therefrom; provided, however,
City actions do not interfere with company facilities. The company
shall be responsible for the actual cost incurred by the City to restore
such City streets or other City property or to remove any obstructions
therefrom. In the course of its restoration of City streets or other
City property under this section, the City shall not perform work
on company facilities unless specifically authorized by the company
in writing on a project-by-project basis and subject to the terms
and conditions agreed to in such authorization.
The conditions under which the company shall install new or
modified utility service to the City as a customer shall be governed
by this franchise and the company’s PUC tariffs.
If the territorial boundaries of the City are expanded during
the term of this franchise, the company shall, to the extent permitted
by law, extend service to residents in the expanded area at the earliest
practicable time if the expanded area is within the company’s
PUC-certificated service territory. Service to the expanded area shall
be in accordance with the terms of the company’s PUC tariffs
and this franchise, including the payment of franchise fees.
Upon receipt of the City’s authorization for billing and
construction, the company shall extend company facilities to provide
utility service to the City as a customer, without requiring the City
to advance funds prior to construction. The City shall pay for the
extension of company facilities once completed in accordance with
the company’s extension policy on file with the PUC.
The company shall use its best efforts to incorporate, as soon
as practicable, technological advances in its equipment and service
within the City when such advances are technically and economically
feasible and are safe and beneficial to the City and its residents.