§ 32-214. Gas distribution systems and gas distribution facilities.

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It shall be unlawful for any entity to install, construct, maintain, extend or operate or a gas distribution system or gas distribution facilities or to provide, distribute, transport or sell natural gas or other energy within the city without first obtaining a franchise authorizing the same and requiring a franchise fee. This franchise requirement applies to any provision, distribution, transportation or sale to a gas consumer within the city whether or not the portion of the entity's gas distribution system is in the right-of-way. Provided, in the event the gas distribution system or gas distribution facilities of a franchisee are used by an entity without its own gas distribution system or gas distribution facilities within the city for the transportation or sale of said entity's natural gas or other energy to a gas consumer, said entity shall be exempt from the requirement of obtaining a franchise if it reports, calculates and pays (either directly or through the franchisee) a sum to be submitted to the city for such services that is equivalent to the calculation of the franchisee's franchise fee. In such event, if gross receipts are not or cannot be reported, a sufficient volumetric rate multiplied by the number of MCF of the transported natural gas or other energy may be used in making such calculation.

(Ord. No. O-10-18 , § 1, 3-22-2018)

                    
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