Agenda Packets - 1992/09/14 - Laserfiche WebLink

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ing, whenever it-is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4 . FRANCHISE FEES. 4 . 1 . Separate Ordinance. During the term of this franchise, the City may impose on the Company a franchise fee of not more than four (4%) percent of the Company's gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted nor fee be effective until 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. Section 2 .5 shall constitute the sole remed for solvin• dis•utes between the Com•an and the Cit in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this ordinance is effective. No preexisting ordinance imposing a fee shall be effective against the Company unless it is specifically awarded after the effective date of this ordinance following the procedures of this section 9 for the adoption of a new separate ordinance. A separate ordinance which does not impose a uniform franchise fee on all revenues within the definition of gross revenues shall not be effective against the Company. 4 .2 . Terms Defined. The term "gross revenues" means all sums received by the Company from the sale of gas to its retail custom- ers within the corporate limits of the City. Gross revenues excludes any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee. 4 .3 . Collection of the Fee. The franchise fee shall be payable monthly, and shall be based on the gross revenues of the Company during the preceding month. The payment is due on the last business day of the month following the month for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice require- ments—and the—percent-age—may—not—be—changed—more often than annually. Such fee shall not exceed any amount which the Company may legally charge its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for gas service. The time and manner of collecting the franchise fee is subject to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues records available for inspection by the City at reasonable times. SECTION 5 . INDEMNIFICATION. 5 . 1. Hold Harmless. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property JMS39256 MU125-11 5