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Ordinance 518
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0500-0599 (1992)
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Ordinance 518
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6/4/2007 2:43:51 PM
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2/2/2007 3:22:24 PM
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<br />. <br /> <br />length of time, considering seasonable working conditions, in <br />advance of the actual commencement of the work to permit the <br />Company to make any additions, alterations or repairs to its <br />facilities the Company deems necessary. <br /> <br />In cases where streets are at final width and grade, <br />and the City has installed underground sewer and water mains and <br />service connections to the property line abutting the streets <br />prior to a permanent paving or resurfacing of such streets, and <br />the Company's main is located under such street, the Company may <br />be required to install gas service connections prior to such <br />paving or resurfacing, whenever it is apparent that gas service <br />will be required during the five years following the paving or <br />resurfacing. <br /> <br />SECTION 4. FRANCHISE FEES. <br /> <br />. <br /> <br />4.1 Separate Ordinance. During the term of this <br />franchise, the City may impose on the Company a franchise fee of <br />not more than 4 percent of the Company's gross revenues as <br />hereinafter defined. The franchise fee shall be imposed by a <br />separate ordinance duly adopted by the city Council, which <br />ordinance shall not be adopted nor fee be effective until 60 days <br />after written notice enclosing such proposed ordinance has been <br />served upon the Company by certified mail. section 2.5 shall <br />constitute the sole remedy for solving disputes between the <br />Company and the City in regard to the interpretation of, or <br />enforcement of, the separate ordinance. No action by the City to <br />implement a separate ordinance will commence until this ordinance <br />is effective. No preexisting ordinance imposing a fee shall be <br />effective against the Company unless it is specifically awarded <br />after the effective date of this ordinance following the <br />procedures of this section 4 for the adoption of a new separate <br />ordinance. <br /> <br />4.2 Terms Defined. The term "gross revenues" means <br />all sums received by the Company from the sale of gas to its <br />retail customers within the corporate limits of the city. Gross <br />revenues excludes any surcharge or similar addition to the <br />Company's charges to customers for the purpose of reimbursing the <br />Company for the cost resulting from the franchise fee. <br /> <br />4.3 Collection of the Fee. The franchise fee shall be <br />payable monthly, and shall be based on the gross revenues of the <br />Company during the preceding month. The payment is due on the <br />last business day of the month following the month for which <br />paYment is to be made. the percent fee may be changed by <br />ordinance from time to time; however, each change shall meet the <br />same notice requirements and the percentage may not be changed <br />more often that annually. Such fee shall not exceed any amount <br />which the Company may legally charge its customers prior to <br />paYment to the city by imposing a surcharge equivalent to such <br /> <br />. <br /> <br />5 <br />
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