Ordinance 98-23 - Laserfiche WebLink

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on the unpaid balance. Should a dispute arise regarding the monies owed under section 7 (a), no late charge will apply to the amount in dispute unless ultimately resolved against the Grantee. (c) Should any of Grantee's payments as required under this section be delinquent for thirty (30) days, the City may proceed under section 16 herein. (d) The City's finance director or his/her successor may, upon request of Grantee, grant a reasonable extension for payment of monies due and owing under section (a), above for good cause shown. (e) The Grantee, at its sole expense, shall file with the City, for each month during the term of this Franchise, a statement in such reasonable form and detail as shall from time to time be prescribed by the City showing the gross receipts of the Grantee as defined in section 4(f) of this Franchise for the preceding fiscal month. Each such statement shall be sworn to by an authorized official of Grantee. Such statement shall be presented to City by Grantee on or before the thirtieth day of each month. (f) In the event Grantee fails to pay franchise fees under this Ordinance or any other amount due the City under this Ordinance, Grantee agrees to pay all costs of collection and attorneys' fees incurred by the city should the city prevail. This provision shall apply to all trial and appellate proceedings. Grantee waives all rights to reciprocal attorney fees under the law. (g) As a further consideration of this franchise, the City agrees not to engage in the business of distributing and/or selling natural, manufactured or other gas during the life of this franchise or any extensions thereof in competition with the Grantee, its successors and assigns. (h) If, during the term of this Franchise, the city, by franchise agreement or ordinance, allows other gas providers, gas consumers or gas transporters ("Alternate Gas providers") the right, privilege or franchise to construct, maintain operate or use gas facilities in, under, upon, over or across the present or future streets, alleys, bridges, easements or other public places of the City, for the purpose of supplying or delivering natural, manufactured or other gas to consumers located within the corporate limits of the City or receiving such gas from a person other than Grantee within such corporate limits, and imposes a franchise compensation obligation or an equivalent on such Alternate Gas Provider for any customer or class of customers that is less than that imposed with respect to the same customer or class of customers under this franchise agreement, the franchise compensation rate and/or base to which such rate is applied with respect to the same class of customers shall be reduced under this agreement so that the franchise compensation paid hereunder for such customer class is no greater than the franchise compensation payable by such Alternate Gas Provider under the franchise agreement or ordinance applicable to it, when compared on a dollars- per-them basis. In the event that the City determines not to impose any franchise compensation by agreement, ordinance or otherwise on any such Alternate Gas Provider, Grantee's obligation to pay a franchise fee with respect to revenues derived from the provision of service to the involved class of customers under this agreement thereafter shall be extinguished. Teco Peoples' Gas (F) -4-