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(1) As used in this chapter:

“Bridge” includes a structure erected within the City to facilitate the crossing of a river, stream, ditch, ravine or other place, but does not include a culvert.

“City” means the City of Millersburg and the area within its boundaries, including its boundaries as extended in the future.

“Council” means the legislative body of the City.

“Gas mains” include all gas transmission and distribution facilities located on or under any street, bridge or public place within the City.

“Grantee” means the corporation referred to in MMC 3.30.020.

“Gross revenue” means revenues received from the use of the gas utility system within the City limits less related net uncollectibles. Gross revenues shall include revenues from the use, rental or lease of the gas utility system, except when those revenues have been paid to grantee by another franchisee of the City and the paid revenues are used in the calculation of the franchise fee for the operations of the other franchisee within the City limits. Gross revenues shall not include proceeds from the sale of bonds, mortgage, or other evidence of indebtedness, securities or stocks, or 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. Gross revenues also shall not include public purpose charges; provided, that such charges or surcharges are required or authorized by Federal or State statute, administrative rule, or by tariff approved by the OPUC and raised revenue is used solely for the public purpose and not to compensate grantee for the sale or use of natural gas or for the use, rental, or lease of grantee’s utility system within the City. Public purpose activities include, but are not limited to, energy efficiency programs, market transformation programs, low-income energy efficiency programs, and carbon offset programs designed to benefit residential and commercial customers within grantee’s service territory in Oregon. Gross revenues also shall not include revenues paid directly by the United States of America or any of its agencies.

“Person” includes an individual, corporation, association, firm, partnership and joint stock company.

“Public place” includes any City-owned park, place or grounds within the City that is open to the public but does not include a street or bridge.

“Street” includes a street, alley, avenue, road, boulevard, thoroughfare or public highway within the City, but does not include a bridge.

(2) As used in this chapter, the singular number may include the plural and the plural number may include the singular.

(3) Unless otherwise specified in this chapter, any action authorized or required to be taken by the City may be taken by the Council or by an official or agent designated by the Council. (Ord. 124 § 1, passed 12-13-2016)