695-98 Public Gas Franchise - Laserfiche WebLink

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OIC BK 3963 PG 161 6 of 8 As a further consideration of this Franchise, Grantor agrees not to engage in the business of distributing and/or selling natural, manufactured or other gas during the life of this Franchise or any extensions thereof in competition with the Grantee, its successors and assigns. SECTION 12: Affect of Issuance of Alternate Franchise If, during the term of this Franchise, the Grantor, by franchise agreement or ordinance, allows other gas providers, gas consumers, or gas transporters ("Alternate Gas Providers")the right, privilege or franchise to construct, maintain, operate or use gas facilities, in, under, upon, over and across the present or future streets, alleys, bridges, easements or other public places of the Grantor, for the purpose of supplying or delivering natural, manufactured or other gas to consumers located within the corporate limits of Grantor or receiving such gas from a person other than Grantee within such corporate limits, and imposes a franchise compensation obligation or an equivalent on such Alternate Gas Provider for any customer or class of customers that is less than that imposed with respect to the same customer or class of customers under this Franchise Agreement, the franchise compensation rate and/or base to which such rate is applied with respect to the same class of customers shall be reduced under this Agreement so that the franchise compensation paid hereunder for such customer is no greater than the franchise compensation payable by such Alternative Gas Provider under the franchise agreement or ordinance applicable to it, when compared on a dollars-per-therm basis. In the event that Grantor determines not to impose-any franchise compensation by agreement, ordinance or otherwise on any such Alternative Gas Provider, Grantee's obligation to pay a franchise fee with respect to revenues derived from the provision of service to the involved class of customers under this Agreement thereafter shall be extinguished. SECTION 13: Forfeiture or Revocation of Grant: Violation by the Grantee of any of the covenants, terms, and conditions, hereof, or default by the Grantee in observing or carrying into effect any of said covenants, terms and conditions, shall authorize and empower the City Council to declare a forfeiture of and to revoke and cancel all rights granted hereunder, provided, however, that before such action by the Council shall become operative and effective, the Grantee shall have been served by the City with a written notice setting forth all matters pertinent to such violation or default, and describing the action of the Council with respect thereof, and Grantee shall have had a period of sixty (60) days after service of such notice within which to rectify such violation or default; and provided further that any violation or default resulting from a strike, a lockout, an act of God, or any other cause beyond the control of the Grantee shall not constitute grounds for revoking and cancelling any rights hereunder. In the event that the Grantee, upon receipt of said written notice from the City, does not desist from such violation within the time aforesaid, then the Grantee shall