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Ord 2007-039
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Ord 2007-039
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Last modified
11/15/2007 4:13:31 PM
Creation date
7/18/2007 2:09:14 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Franchise
Number
2007-39
Date
7/17/2007
Volume Book
172
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<br />new customer unless the customer is a year-round customer and agrees to pay for that part of the <br />extension which is over 100 feet. <br /> <br />I <br /> <br />SECTION 5. CONDITIONS OF OPERATION. <br /> <br />The service furnished hereunder to the City and its inhabitants shall be first-class in all <br />respects considering all circumstances and shall be subject to such reasonable rules and <br />regulations as Grantee may make from time to time, including a requirement for reasonable <br />security for the payment of its bills. <br /> <br />SECTION 6. FRANCHISE FEE. <br /> <br />6. I. In consideration of the right granted by the City to Grantee to use and occupy the <br />rights-of-way within the corporate limits of the City, Grantee, its successors and assigns, agree to <br />pay to The City franchise fees in the amount and manner described herein. Such payment shall <br />be made for each quarter on or before the fifteenth (15th) day following the end of the first <br />month of the next calendar quarter beginning with the first such date following the effective date <br />of this franchise. The franchise fee for each quarter shall be a sum of money which shall be equal <br />to: 1) three percent of the Grantee's gross receipts for such quarter from the sale of gas to it <br />customers within the corporate limits of the City plus 2) seven cents (7~) Mcffor gas transported <br />by Grantee for its Transport Customers during such quarter. "Transport Customer" means any <br />person or entity for whom Grantee transports gas through the distribution system of Grantee <br />within the corporate limits of the City for consumption within the corporate limits of the City. <br /> <br />6.2. The payment of the franchise fee set forth herein shall be in lieu of any license, charge, <br />fee, street or alley rental or other character of charge for the use and occupancy of the streets, <br />alleys and public places within the City, and in lieu of any pipe tax or inspection fee or tax, but <br />shall not in any way increase or diminish the Grantee's obligation to pay the City ad valorem <br />taxes or in any way interfere with collection thereof. <br /> <br />I <br /> <br />6.3. As a further condition of the grant of this franchise, and in partial consideration <br />thereof, the Grantee shall reimburse the City for its reasonable costs of participating in rate- <br />making proceedings before the City Councilor any other regulatory authority of the State which <br />exercised jurisdiction over the rates of the Grantee, including any appeals there from to the <br />courts. <br /> <br />SECTION 7. INSPECTION OF RECORDS AND FACILITIES. <br /> <br />7.1. The Grantee shall fully cooperate in making available for inspection during normal <br />business hours to the City Manager or his designee, the books, records, maps, plans contract and <br />other materials of the Grantee applicable to the Grantee's system provided however, that when <br />volume and convenience necessitate, the Grantee may require inspection to take place at the <br />Grantee's local business office. <br /> <br />7.2. The Grantee shall maintain records, accounts, and financial and operating reports in a I <br />manner that will allow City to determine investment, costs of service, and operating expenses <br />
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