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HomeMy WebLinkAboutOrdinance #3698 ORDINANCE NO. -1 F a AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 3117 WHICH GRANTED TO SOUTHERN CALIFORNIA GAS COMPANY THE FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING, DISTRIBUTING AND MEASURING GAS FOR ANY AND ALL PURPOSES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 3(c) of Huntington Beach Ordinance No. 3117 is hereby amended to read as follows: (c) The "In Lieu Fee" shall be equal to one and five-tenths percent (1.5%) of the "imputed value"of"non-proprietary gas" conducted, conveyed, transported, supplied and distributed to the City and/or its inhabitants within the City per calendar year, or fractional calendar year, during the term of this franchise. As used herein, "non-proprietary gas"means gas that is conducted, conveyed, transported, supplied and distributed, but not sold,to the City and/or its inhabitants within the City by Grantee; "imputed value" means the product of the actual volumes of such non-proprietary gas conducted, conveyed, transported, supplied and distributed, but not sold, to the City and/or its inhabitants within the City by Grantee during the period of calculation multiplied by the adjusted core procurement serve rate most recently approved by resolution of the California Public Utilities Commission and as that resolution may be later amended, so long as that rate reasonably reflects the imputed value of non-proprietary gas; "non-core gas"means that gas which, in accordance with rules and directives adopted from time to time by the Commission, is purchased by the Grantee to serve its non-core classified commercial, industrial, utility electrical generating and wholesale customers (including, but not limited to, the category of customers for which it also transports and delivers non-proprietary gas within the City), and currently includes short-term discretionary gas purchased by Grantee for such customers. SECTION 2. Except as specifically modified herein, all other Sections and subsections of Ordinance No. 3117 shall remain in full force and effect. 05 ord/gas franchise/1119/05 1 Ordinance No, 3698 SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 22ndday of February , 2005. ATTEST: APPROVED AS TO FORM: Q"i-j City Clerk :EQ City Attorney REVIEWED AND APPROVED: INITIA ED AND APPR VED Y Cit dministrator G' irector of A ministrative Services z 05 ord/gas franchise/1/24/05 2 Ord. No. 3698 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th day of February,2005, and was again read to said City Council at a re ular meeting thereof held on the 22nd day of February,2005, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook NOES: None ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 3,2005. In accordance with the City Charter of said City Joan L.Flynn,City Clerk CitAtlerk and ex-officio Clgk Deputy city Clerk of the City Council of the City of Huntington Beach, California =