Agenda Packet 7-15-19 Public Hearing

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ORDINANCE NO. A (}j 20 AN ORDINANCE GRANTING TO NORTHWEST NATURAL GAS COMPANY, A CORPO RATION, A TWENTY (20) YEAR NON-EXCLUSIVE RIGHT AND FRANCHISE TO LAY, MAINTAIN AND OPERA TE FACILITIES IN THE PUBLIC WAY WITHIN THE CITY OF EUGENE, OREGON; PROVIDING FOR THE PAYMENT OF COMPENSATION TO THE CITY; AND REPEALING ORDINANCE NO. 18489, PASSED BY THE CITY COUNCIL AUGUST 27, 1979, AND APPROVED BY THE MAYOR SEPTEMBER 3, 1979. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. This Ordinance shall be known and may be cited as The Northwest Natural Gas Company Franchise Ordinance. Section 2. Definitions. For the purpose of this Ordinance the following terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1)"City" is the City of Eug_ene, Oregon._ _ (2)"Company" is Northwest Natural Gas Company, ·the grantee of rights under this Franchise. (3)"Council" is the City Council of the City of Eugene. (4)"Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (5)"Code" is the Eugene Code, 1971, including all amendments thereto. (6)"Public way" is any street, road, alley, right-of-way, pedestrian or bicycle easement or utility easement for public use that is controlled by City. (7)"GIS format" is the format of electronic information, as established by the City Engineer for incorporation into City's Geographic Information System (GIS). (8)"Facilities" includes gas mains, pipes, boxes, reducing and regulation stations, laterals, conduits and connections, including service connections, together with all of the necessary or useful appurtenances for the transmission and distribution of gas to City and its inhabitants and to other customers and territory beyond the limits of City. (9)"Gross revenues" means revenues earned by Company from operations within City, including but not limited to revenues from the sale and/or transportation of natural gas consumed within City and revenues earned from the use, rental or lease of operating facilities of Company other than residential-type space and water heating equipment; less the net writeoff of uncollectible accounts directly related to such revenues. Gross revenues shall not include: Ordinance - 1 Attachment A July 15, 2019, Public Hearing – Item 1