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Ord 1990-084
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Ord 1990-084
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Last modified
9/18/2007 4:04:28 PM
Creation date
7/31/2007 11:19:03 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Franchise
Number
1990-84
Date
11/5/1990
Volume Book
100
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<br /> -3- <br /> diameter of two (2) inches, in order to bring gas service to the <br /> property line of a new customer unless the customer is a <br /> year-round customer and agrees to pay for that part of the <br /> extension which is over 100 feet. <br /> SECTION 5. CONDITIONS OF OPERATION. <br /> <br /> The service furnished hereunder to the City and its <br /> inhabitants shall be first-class in all respects considering all <br /> circumstances and shall be subject to such reasonable rules and <br /> regulations as the Grantee may make from time to time, including a <br /> requirement for reasonable security for the payment of its bills. <br /> SECTION 6. FRANCHISE FEE. <br /> 6.1. In consideration of the rights and privileges herein <br /> granted, the Grantee agrees to pay to the City quarterly during <br /> the continuance of this franchise a sum of money equal to the <br /> greater of either (a) three percent (3%) of the gross receipts for <br /> the preceding calendar quarter received by the Grantee from the <br /> sale or transport of gas within the corporate limits of the City <br /> or (b) forty thousand dollars ($40,000.00). As used herein, <br /> "transport of gas" refers to any gas which goes through any of the <br /> Grantee's pipeline system or facilities within the corporate <br /> limits of the City and which is sold or delivered for use at a <br /> point located within the City. Payments hereunder shall be <br /> payable on or before thirty (30) days after the end date of each <br /> calendar quarter during the term of this franchise. Upon receipt <br /> of such payments, the Director of Finance for the City shall <br /> deliver to the Grantee a receipt for the amount paid. <br /> 6.2. The payment of the franchise fee set forth herein shall <br /> be in lieu of any license, charge, fee, street or alley rental, or <br /> other character of charge for the use and occupancy of the <br /> streets, alleys and public places within the City, and in lieu of <br /> any pipe tax or inspection fee or tax, but shall not in any way <br /> increase or diminish the Grantee's obligation to pay the City ad <br /> valorem taxes or in any way interfere with collection thereof. <br /> 6.3. As a further condition of the grant of this franchise, <br /> and in partial consideration thereof, the Grantee shall reimburse <br /> the City for its reasonable costs of participating in rate-making <br /> proceedings before the City Council or any other regulatory <br /> authority of the State which exercises jurisdiction over the rates <br /> of the Grantee, including any appeals therefrom to the courts. <br /> 6.4 The City, in accordance with Section 5.07 of the Gas <br /> Utility Regulatory Act, herewith finds that Grantee is entitled to <br /> recover in its rates the amounts payable to Grantor under Section <br /> 6.1 of this ordinance. To ensure that Grantee's rates are just <br /> and reasonable, City herewith authorizes Grantee to revise its <br /> rate schedules as necessary to recover fully from customers within <br /> the corporate limits of City the amounts payable to City as set <br /> forth in Section 6.1 of this ordinance. Such rate schedules shall <br /> be filed with the City and shall be effective with bills rendered <br /> on and after the effective date of this ord~nance. <br /> SECTION 7. INSPECTION OF RECORDS AND FACILITIES. <br /> 7.1. The Grantee shall fully cooperate in making available <br /> for inspection during normal business hours to the City Manager or <br /> his designee, the books, records, maps, plans, contracts and other <br /> materials of the Grantee applicable to the Grantee's system; <br /> provided, however, that when volume and convenience necessitate, <br /> the Grantee may require inspection to take place at the Grantee's <br /> local business office. <br /> 7.2. The Grantee shall maintain records, accounts, and <br /> financial and operating reports in a manner that will allow City <br /> to determine investment, costs of service, and operating expenses <br /> related to providing services under this franchise. The City may <br /> require the keeping of additional records or accounts reasonably <br /> necessary for administration of this franchise. <br />
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