Ord 2373 - NW Natural Gas
COUNCIL BILL NO. 2530
ORDINANCE NO. 2373
AN ORDINANCE AMENDING ORDINANCE NO. 2133, THE NORTHWEST NATURAL
GAS COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL NOVEMBER 15,
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, on September 13, 2004, the City Council adopted Ordinance
No. 2372 which extended the terms of Ordinance 2133 until September 30,2004
to allow for completion of franchise negotiations; and
WHEREAS, it has become necessary to further extend the terms of the
franchise until November 15, 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,
Page 1 - Council Bill No. 2530
Ordinance No. 2373
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THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Council finds that Northwest Natural Gas Company has
consented to this amendment.
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
November 15, 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.
Approv
Approved as to form: rn./1r;
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
September 27, 2004
September 29. 2004
September 29, 2004
Filed in the Office of the Recorder
September 29, 2004
ATTEST:
Mary Te ant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2530
Ordinance No. 2373
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