Ord 2372 - NW Natural GasCOUNCIL BILL NO. 2527
ORDINANCE NO. 2372
AN ORDINANCE AMENDING ORDINANCE NO. 2133, THE NORTHWEST NATURAL
GAS COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL SEPTEMBER 30,
2004 AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance No. 2133 grants a franchise to the Northwest Natural
Gas Company to operate a gas utility system within the corporate limits of the
City of Woodburn; and
WHEREAS, according to the terms of this ordinance this franchise expires
on August 22, 2004; and
WHEREAS, negotiations between the City and Northwest Natural Gas
Company are ongoing and a renewal of the franchise is anticipated in the near
future; and
WHEREAS, on August 9, 2004, the City Council adopted Ordinance No.
2369 which extended the terms of Ordinance 2133 until September 15, 2004 to
allow for completion of franchise negotiations; and
WHEREAS, it has become necessary to further extend the terms of the
franchise until September 30, 2004 so that negotiations can be completed; and
WHEREAS, under Oregon state law and pursuant to Ordinance No. 2145,
the City also has imposed a two percent privilege tax on the gross revenues of
Northwest Natural Gas Company; and
WHEREAS, pursuant to applicable law, the privilege tax will continue to be
collected by the City in addition to the franchise fee; and
WHEREAS, Northwest Natural Gas Company has consented to the
extension of the franchise under Ordinance No. 2133 and it is in the best interest
of the City to amend said ordinance to allow for said extension; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Council finds that Northwest Natural Gas Company has
consented to this amendment.
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Ordinance No. 2372
Section 2. The terms and conditions of Ordinance No. 2133 are
readopted subject to Section 3 below.
Section 3. Section 4 of Ordinance No. 2133 is amended to read as follows:
Section 4. Duration. This franchise shall expire on
September 30, 2004.
Section 4. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, an emergency is declared to exist and
this ordinance shall take effect immediately upon passage and approval by the
Mayor.
Approved as to form:
Passed by the Council
City Attorney
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Ten ant City Recorder
City of Woodburn, Oregon
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Ordinance No. 2372
September 13, 2004
September 15, 2004
September 15, 2004
September 15, 2004