WHEREAS, A FRANCHISE FEE IS CHARGED FOR THE USE OF THE CITY’S RIGHT OF WAYS AND THE CITY’S FRANCHISE AGREEMENT WITH KANSAS GAS SERVICE COMPANY, A DIVISION OF ONEOK, INC., DID NOT COVER THE USE OF THE CITY’S RIGHT OF WAYS BY TRANSPORTATION-ONLY CUSTOMERS OF KANSAS GAS SERVICE; AND,

WHEREAS, THE GOVERNING BODY OF THE CITY OF MARYSVILLE MODIFIED SAID FRANCHISE AGREEMENT TO COVER BOTH SALES CUTOMERS AND TRANPORTATION-ONLY CUSTOMERS ALIKE;

Section 1. The governing body shall have the discretion to rebate, in whole or in part, the franchise fee collected pursuant to Ordinance No. 1758, for transportation-only customers, whether said transportation-only customers are for-profit or not-for-profit entities.

Section 2. An eligible entity shall make application for the rebate for the year in which such entity seeks the rebate. Rebate applications will be considered on annual basis. Any amount to be rebated under this ordinance shall lie exclusively within the discretion of the governing body. Any rebate allowed by the governing body shall not entitle or guarantee the eligible entity any rebate for any subsequent year(s).

(06-14-2010)