City Council Study Session Agenda and Packet 2004 10 12

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ARTICLE 5 COMPLIANCE §5.1 Compliance with Applicable Laws. The Company and all of its contractors shall comply with all applicable lawful City ordinances, and regulations. The Company shall require its contractors working in the streets to hold the necessary licenses and permits required by the City, including, but not limited to right ofwav permits. §5.2 Compliance with City Requirements. Without limiting the generality of Section 5.1, the Company will comply with all City building and zoning codes and requirements regarding curb and pavement cuts, excavating, digging, compaction and related construction activities. §5.3 Inspection. The City shall have the right to inspect any portion of the Company's Facilities in the City Streets. The Company agrees to cooperate with the City in conducting the inspection. ARTICLE 6 PUBLIC UTILITIES COMMISSION REGULATION §6.1 Compliance with Orders of the Public Utilities Commission. The provision of electric and gas service by the Company is regulated in whole or in part by regulatory agencies including the Public Utilities Commission. The Company is obligated by law to comply with all lawful PUC orders, rules, and regulations. §6.2 Certificates to Exercise Franchise Rights. The City agrees to assist the Company, if necessary, in obtaining PUC approval of a certificate to exercise the franchise rights DPS \56925 \478939.02 DRAFT CITY OF LOUISVILLE ORDINANCE such uses are within or outside of the City limits. Nothing in this Section shall release the City from the obligation to pay for the extension of Facilities once complete, in accord with the Company's gas and electric tariffs on file with the Public Utilities Commission. -9- Deleted:.... Deleted: resolutions, rules, Deleted: and standards Deleted: The City shall impose no obligation on the Company that interferes with the Company's ability to comply with lawful regulatory orders, rules, and regulation .