For the purposes of this chapter and franchise, the following words and terms have the meaning stated in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number and vice versa. The words shall and will are mandatory and the word may is permissive.
CITY means the City of Banks, an Oregon municipal corporation.
CITY FACILITIES means city-owned street light poles, lighting fixtures, pipes, cable, wire, conduit, or other city-owned structures or equipment located within the right-of-way.
CITY LIMITS means the corporate boundaries of the city, as those boundaries may change from time to time.
CONSTRUCT or CONSTRUCTION means, without limitation, constructing, acquisition, laying, maintaining, testing, operating, extending, renewing, relocating, removing, replacing, repairing and using gas facilities.
FRANCHISE means this franchise chapter and agreement as approved by the Banks City Council and accepted by grantee under § 101.12(H) of this franchise.
GAS means natural methane-based gas.
GAS FACILITIES means grantee’s gas transmission, storage and distribution facilities, including pipes, pipe lines, mains, laterals, conduits, feeders, regulators, reducing and regulating stations, meters, fixtures, connections and all attachments, appurtenances, and all accessories necessary and incidental thereto located within city properties or within the city limits, whether the facilities are located above or below ground.
GAS UTILITY SYSTEM means the gas facilities used for the provision of services.
GRANTEE means Northwest Natural Gas Company, a corporation duly organized and existing under the laws of the State of Oregon, and its lawful successors, assigns, and transferees.
GROSS REVENUES means revenues received from use of the gas utility system within the city limits less related net uncollectible. Gross revenues shall include revenues from the use, rental, or lease of the gas facilities. Gross revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale by grantee to any public utility or public agency when the public utility or public agency purchasing the gas is not the ultimate customer.
MAINTENANCE, MAINTAINING, or MAINTAIN means, without limitation, relaying, repairing, replacing, relocating, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto.
PERSON means any individual, municipality, governmental entity, sole proprietorship, partnership, public or private corporation, limited liability company, association or other organization authorized to act or do business in the State of Oregon, and includes any natural person.
PUBLIC PLACE means any city-owned property that is open to the public and that is not a right-of-way, and includes public squares and parks.
PUBLIC UTILITY COMMISSION means the public utility commission of the State of Oregon, or its successor agency.
RIGHT-OF-WAY means the space in, upon, above, or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, bridges, and places used or intended to be used by the general public for travel as the same now or may hereafter exist, that the city has the right to allow grantee to use.
SERVICES means the gas transmission, distribution, sales and marketing services provided by grantee to its customers located within the city limits. SERVICES does not include service provided through or by the use of any equipment, plant or facilities for the transmission of gas which pass through or over but are not used to provide service in or do not terminate in the city.
(Ord. 2008-04-01, passed 4-8-2008; Ord. 2010-04-01, passed 5-13-2010)