10.02 Gas Franchise Ordinances - Laserfiche WebLink

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SECTION 8. CHANGE IN FORM OF GOVERNMEN'T. Any cha.nge in the form of govemment 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 herebp gYanted, and in addition to any permit being imposed on the Company,the City ma,y impose on the Company a ftanchise fee by separate ordinance. The parties have agteed that the franchise fee collected by the Company and paid to the Citp in accordance with this Section 9 shall be a flax fee per customer based on meteted service to xetail customers within the City ox on some other similar basis. 9.2 Segarate Ordinance. The �ranchise fee shall be �mposed by a sepaxate ordina.nce dulp adopted by the City Council, which ordinance sha11 not be adopted until at least 90 da,ys after written notice enclosing such proposed ordina.nce ha.s been sexved upon �ompany bp certified mail. The fee sha11 not become effecrive until the bea;nninff of a Companp billing'month at least 90 daqs after written notice enclosing such adopted ordinance has been served upon Ca�ipanq by certified ma.il. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regatd to the interpretation of, or enfoYcement of, the separate oxdinance. No action by the City to implement a separate ordina.nce will commence until this Ordina.nce is effective. 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company dut�ug complete billing months during the period for which payment is to be made by imposing a su�echarge equal to the designated franchise fee for the applicable customer c]assification in all customer billings for gas service in each class. The payment sha11 be due the last business day of the month following the pexiod for w�iich the payment is ma.de. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more ofEen tha.n annuallq. The time and manner of collecring the f�anchise fee is subject to the approval of the Commission. No fianchise fee shall be payable by Company if Company is legally unable to fitst collect an amount equal to the franchise fee from its customexs in each applicable class of customers by impasin.g a surcharge in Companp's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account fox uncollectibles, Yefunds and correction of ertoneous billings. Company agrees to make its records availa.ble fox inspection by the City at reasonable times provided that the City and its designated xepresentative agree in writing not to disclose any inforination which would indicate the amount paid bp anp identifiable customer or customers or any other information regarding identified customers. 9.4 Temzs Defined. 9.4.1 "Customer Cla,ss" sha11 refex to classes listed in the Fee Schedule and as defined or detexmined in Company's gas rate book on file with the Commission. 9.4.2 "Fee Schedule"refers to the Schedule setting forth the various customer classes from which a franchise fee would be collected if a separa,te ordinance were implemented immediately after the effective da,te of tliis fxanchise agreement The Fee Schedule in the separa,te ordinance may include new Customer Cla,sses 6