§ 5. Standards of service.  


Latest version.
  • The district shall at all times provide and furnish an adequate, safe and continuous supply of gas to the city and its inhabitants, subject however, to the further provisions of this section. The district will sell and distribute straight natural gas throughout its distribution system, which is located in Orange and Lake Counties and in a number of the cities and towns thereof, and in the territory adjacent to and near said cities and towns. The natural gas distributed by the district will be furnished by the pipeline systems owned and operated by Houston Texas Gas and Oil Corporation (or by some other company which holds a certificate of public convenience and necessity from the Federal Power Commission to transport and sell gas in the State of Florida). That company is a "natural gas company," under the Federal Natural Gas Act, and subjects said Houston Texas Gas and Oil Corporation (or its successors or assigns) to the jurisdiction of the Federal Power Commission.

    The district shall not be liable to the city or its inhabitants nor shall the city, or any inhabitant who is a customer of the district, be liable to the district hereunder by reason of the failure of the district to deliver, or of the city or a customer to receive, natural gas as a result of acts of God, or the public enemy, inability of pipeline supplier to furnish an adequate supply due to any emergency, an order of decision of a public regulatory body, or other acts beyond the control of the party affected.

    Whenever any of the occurrences named above take place, the district shall have the right and authority and it shall be its duty to adopt reasonable rules and regulations in connection with limiting, curtailing or allocation [allocating] extensions of service or supplying of gas to any customer or prospective customer, and withholding and supplying of gas to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers, and shall be nondiscriminatory as between communities receiving natural gas service from the district.

    The district shall have the right to sell gas for industrial use on an interruptible basis, requiring the customer to have standby equipment for use upon notice by the district. The district's rules, regulations, schedules or contracts for curtaining [curtailing] interruptible gas service shall be uniform as applied to each class of interruptible customers.

    If service is suspended because of any of the reasons set forth above, occurring through no fault or negligent act on the part of the district, such suspension shall not be made the basis of any action or proceeding to terminate this franchise. The quality of the gas sold in the city shall be the same as that sold to the district's other customers in its service area in the counties in which the district lies.