10.04 Gas Franchise Ordinances - Laserfiche WebLink

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SECTION 8. CHANGE IN FORM OF GOVERNMENT. Anp change in the form of government of the City shall not affect the validity of this Ordinance. Any govemmental unit succeeding the City sha11,without the consent of the Company,succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby gtanted,and in addition to any permit being imposed on the Company,the City may impose on the Companp a ftanchise fee by separate ordina,nce. The parties have agreed tbat the franchise fee collected by the Companp and paid to the City in accordance with this Section 9 shall be a flax fee per customer based on metered service to retail customers within the City or on some other simila.r basis. 9.2 Se�arate Ordina.nce. The franchise fee sha�I be_imposed bp a separate ordina.nce duly adopted by the City Council, which ordina.nce shall not be adopted until at least 90 days after written notice enclosing such proposed ordina.nce ha,s been served upon Company by certified mail. The fee shall not become effective until the beglnning of a Company billing'month at least 90 days after written notice enclosing such adopted ordinance has been sexved upc�n Companq by certified ma.il. Section 2.5 shall constixute the sole remedy for solving disputes between Companp and the City in regard to the interpretation of, or enforcement o� the separate ordinance. No action by the City to implement a separate ordina.nce will commence until this Ordinance is effecrive. 9.3 Collection of the Fee. The ftanchise fee shall be payable quarterlp and shall be based on the amount collected by Compan�during complete bilIing moi�ths during the period for which payment is to be made by imposing�suxcharge equal to the designated franchise fee for the applica.ble customer cla,ssifica.tion in all customer billings foY gas service in each class. The payrnent shall be due the last business day of the�.nonth£ollowing the period foY which the payment is made. The franchise fee map be changed by ordinance from rirsie to time; however, each change sha11 meet the same notice requ.irements and not occur more ofEen than annually. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable bp Company if Company is lega.11y unable to fiYst collect an amount equal to the f�anchise fee from its customers in each applica.ble class of customers by impasing a sutichaYge in Compa.ny's applica,ble rates for gas service. Company map pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to ma.ke its recoYds availa,ble for inspection by the City at reasonable times provided that the City and its designated representative agree in wriring not to disclose any inforination which would indicate the amount pa.id by any identifia,ble customer or customers or anp othex information regarding identified customers. 9.4 Terms Defined. 9.4.1 "Customer Class" shall xefer to classes listed in the Fee Schedule and as defined or determined in Compan�s gas rate book on file with the Commission. 9.4.2 "Fee Schedule"xefeYs to the Schedule setting forth the various customer classes from which a franchise fee would be collected if a sepaYate ordinance were implemented immediately after the effective date of this franchise agreement The Fee Schedule in the sepatate ordinance may include new Customex Classes 6