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Ord 2001-063
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Ord 2001-063
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7/10/2006 2:15:19 PM
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7/10/2006 2:14:53 PM
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City Clerk
City Clerk - Document
Ordinances
Number
2001-63
Date
9/10/2001
Volume Book
144
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<br />"Substances"); and (b) Grantee may transport and deliver its own Substances, and <br />transport andlor deliver for hire Substances owned by affiliates, governmental entities <br />andlor third parties. <br /> <br />Section 6. Nature And Sufficiency of Consideration. <br /> <br />(a) Findings. The monies paid to the City and the agreements set forth in Section 4 are <br />sufficient consideration for all purposes. <br /> <br />(b) Exclusive Charge. The consideration described in Sections 1 and 4 shall be the <br />exclusive compensation, tax (except as provided in Subsection (c) below), fee, rental, <br />assessment or other charge, however characterized, payable or due to the City by Grantee <br />pertaining to the presence, use, ownership, and/or operation of the Pipeline System, and <br />the natural gas or natural gas liquid sales, purchases, transportation and other business <br />activities related thereto, during the Term of this Ordinance. Grantee's agreement to pay <br />such consideration shall be full consideration during the Term for the City's consent and <br />permit for the rights and privileges granted by this Ordinance and shall be in lieu of all <br />other franchise, license, regulatory, use, sales, gross receipts, or occupation taxes, fees, <br />assessments, exactions, rentals or charges which may levied or attempted to be levied by <br />the City. <br /> <br />(c) Certain Taxes Not Exempt. Nothing herein shall constitute an exemption to Grantee <br />from (i) ad valorem taxes levied by the City on real or personal property owned by the <br />Grantee within the City, or (ii) any new tax (including any new increment to an existing tax) <br />fi rst authorized, mandated or imposed by the state or federal government after the effective <br />date of this Ordinance if such new tax or new increment is equally applied to all persons <br />and entities within the City that are similarly situated to, or compete with, the Grantee. <br /> <br />Section 7. Term. <br /> <br />The consent and permit granted by this Ordinance shall continue and remain in full force <br />and effect for a period of twenty-five (25) years (the "Term") from and after its effective <br />date under Section 15. <br /> <br />Section 8. Expiration of Term; Renewal. <br /> <br />If Grantee desires a renewal of this consent and permit, it shall notify the City at least two <br />(2) years prior to the expiration date ofthe Term. The City shall not be compelled to renew <br />but shall not unreasonably withhold or refuse renewal of this consent and permit. The City <br />shall not require more onerous terms or conditions nor require greater consideration from <br />Grantee for renewal than those then in effect for other persons and entities that are <br />similarly situated to, or compete with, the Grantee and are using or occupying City Rights- <br />of-Way. If the City, acting in good faith and with a reasonable basis decides not to renew <br /> <br />-4- <br />
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