§ 34. Atmos Energy Corporation.
Be It Ordained by the Parish Council of the Parish of St. Martin, Louisiana (hereinafter referred to as the "parish") that, subject to the terms and conditions hereinafter set forth, Atmos Energy Corporation, a Texas and Virginia corporation with its principal office in the City of Dallas, Dallas County, Texas (hereinafter referred to as "Atmos"), be, and hereby is, granted the non-exclusive franchise and rights to conduct in the Parish the business of acquiring (by purchase, lease, or otherwise), maintaining, constructing, laying, repairing, removing, replacing, installing, operating, and disposing of (by sale, lease, or otherwise) a gas system, as hereinafter defined, for the sale, transportation, and distribution of natural gas within and beyond the boundaries of the parish and to the residents and business located therein for light, heat, power, and any other purpose during the term set forth below. Such franchise and rights shall include, but not be limited to, the right to use the public roads, as hereinafter defined for purposes of maintaining, constructing, laying, repairing, removing, replacing, installing, and operating any and all components of the gas system, together with access, at all times and from time to time, to such public roads during the term hereof, subject, however, to receipt of the written consent of the Louisiana Highway Engineer with respect to any of the public roads constituting state highways.
(1)
Definitions . For purposes of this section, the following terms shall have the meanings set forth below:
a.
Gas system . The term "gas system" shall mean any and all pipelines, as hereinafter defined, regulators, meters, valves, compressors, anti-corrosion items, facilities, structures, machinery, equipment, and appurtenances of any kind that Atmos, in its sole discretion, may deem necessary or advisable for the exercise of the franchise and rights granted to Atmos herein.
b.
Pipelines . The term "pipelines" shall mean any and all above-ground and below-ground pipes, including but not limited to, mains, distribution lines, secondary lines, laterals, and other pipes, that have been, are being, or are intended to be used at any time in, or in connection with, the sale, transportation, or distribution of natural gas within and beyond the parish limits.
c.
Public roads . The term "public roads" shall mean the present and future streets, roads, highways, alleys, bridges, public ways and places, and other immovable property in the parish but not within the limits of any municipality or otherwise owned or controlled by the parish.
(2)
Term . The term of the franchise and rights hereby granted to Atmos shall be for a period of 25 years, commencing on the later of (i) ten days after the date of publication of this section in accordance with law or (ii) the expiration of the franchise held by Atmos immediately preceding this franchise.
(3)
Grant of specific rights to Atmos . In addition to the franchise and rights granted herein to Atmos, the parish acknowledges that Atmos has, and hereby grants to Atmos, the following rights and powers:
a.
Adoption of rules . From time to time during the term hereof, Atmos may, subject to any and all valid and applicable statutes, ordinances, rules, and regulations of any federal or state governmental authority or agency, make and enforce reasonable rules pertaining to Atmos' business and operations, including, but not limited to, requiring payment on or before a specified day each month for all services furnished during the preceding month with the right to disconnect and discontinue service to delinquents.
b.
Right of use . Atmos is hereby specifically granted a right of use on all Public Roads for purposes of maintaining, constructing, laying, repairing, replacing, installing, and operating any and all components of the Gas System, together with access, at all times and from time to time, to such Public Roads during the term hereof, subject, however, to receipt of the written consent of the Louisiana Highway Engineer with respect to any of the Public Roads constituting state highways.
(4)
Obligations of Atmos .
a.
No Obstruction of Public Property . Atmos shall not unnecessarily or for any unreasonable period of time obstruct or interfere with the public use of any of the Public Roads.
b.
Repair of Damages . Atmos shall repair any and all damages caused solely by Atmos to any of the Public Roads and shall restore, as nearly as practicable, such property to substantially its condition immediately prior to the incident causing such damage. Atmos shall commence such repairs immediately upon completion of the work or activity in which Atmos was involved at the time the damage occurred and shall complete such repairs as promptly as possible.
c.
Conduct of Work and Activities . Atmos shall use reasonable care in conducting its work and activities in order to prevent injury to any person and unnecessary damage to any immovable or personal property. All work performed on a state highway shall also be done in a manner consistent with the requirements of the laws pertaining to public highways, including R.S. tit. 48, ch. 2.
(5)
General Provisions .
a.
Force majeure . Notwithstanding anything expressly or impliedly to the contrary contained herein, in the event Atmos is prevented, wholly or partially, from complying with any obligation or undertaking contained herein by reason of any event of force majeure, then, while so prevented, compliance with such obligations or undertakings shall be suspended. The term "force majeure," as used herein, shall mean any cause not reasonably within Atmos' control and includes, but is not limited to, acts of God, strikes, lock-outs, wars, terrorism, riots, orders or decrees of any lawfully constituted federal, state, or local body, contagions or contaminations hazardous to human life or health, fires, storms, floods, wash-outs, explosions, breakages or accidents to machinery or lines of pipe, inability to obtain or the delay in obtaining rights-of-way, materials, supplies, or labor permits, temporary failures of gas supply, or necessary repair, maintenance, or replacement of facilities used in the performance of the obligations contained in this section.
b.
Amendments . This section and the franchise and rights granted herein may be amended only by written agreement of the parish and Atmos to such amendment.
c.
Repeal of conflicting ordinances . All other ordinances of the parish or portions thereof that are in conflict or inconsistent with any of the terms or provisions of this section are hereby repealed to the extent of such conflict or inconsistency.
d.
Severability . In the event any part of this section is determined to be invalid or illegal for any reason whatsoever, such invalidity or illegality shall not affect the validity or legality of this section as a whole or of any parts hereof.
e.
Binding effect . This section shall extend to, be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns.
f.
Section and other headings . The section and other headings contained in the ordinance from which this section derives are for reference purposes only and shall not affect in any way the meaning or interpretation of this section.
(Ord. No. 14-08-1068-OR, 8-5-2014)