(A) Quality of services. The grantee shall maintain and operate an adequate system for the distribution of gas in the city. The grantee shall use due diligence to maintain continuous and uninterrupted 24-hour a day service which shall at all times conform at least to the standards common in the business and to the standards adopted by the Public Utility Commission and other state authorities. Under no circumstances shall the grantee be liable for an interruption or failure of service cause by act of God, unavoidable accident or other circumstances beyond the control of the grantee through no fault of its own.
(B) Construction and maintenance of gas facilities. Grantee’s gas facilities shall be constructed and maintained in good order and condition, in a safe manner, and in accordance with standard engineering practices and all lawful governmental regulations.
(C) Protection of property. Grantee shall install and maintain all gas facilities in a manner that does not injure the right-of-way, the city’s property within the city limits. Grantee shall, at its own expense, repair, renew, change, and improve the gas facilities from time to time as may be necessary to accomplish this purpose.
(D) Compliance with state and federal regulations. The rates to be charged and the rules and regulations in respect to the conditions, character, quality and standards of service to be furnished by grantee shall be those as may be lawfully prescribed by the Public Utility Commission. In the event this jurisdiction or right of regulation, or any part thereof, is abandoned by the Public Utility Commission and is not vested exclusively by law in any other state regulatory body, and in the event this jurisdiction may be lawfully exercised by the city, consistent with § 101.02(D)(7), the city reserves the right, and grantee shall comply with, all reasonable ordinances, rules and regulations made by the city in the exercise of this jurisdiction or right of regulation.
(Ord. 2008-04-01, passed 4-8-2008; Ord. 2010-04-01, passed 5-13-2010)