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HomeMy WebLinkAboutItem #05 Intermountain GasCITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A THIRTY (30) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE QUARTERLY PAYMENT TO THE CITY, AND THE FILING OF QUARTERLY REPORTS WITH THE CITY; TO ADDITIONAL RIGHT PAYMENTS TO CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE OR ASSIGNMENT; PROVIDING FOR PAYMENT OF PUBLICATION COSTS; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CIIUBBUCK, IDAHO. SECTION I — GRANT OF AUTHORITY There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a thirty (30) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Chubbuck, Idaho (hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. Ordinance -1- SECTION II — USE OF STREETS AND RULES GOVERNING SAME Grantee shall secure a permit for any opening it shall make in the streets, alleys and public places in the City and shall be subject to all applicable ordinances, but no fee shall be required of Grantee for any such permit. The location or relocation of all facilities shall be made under the supervision and with the approval of such representative as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service. Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection or other City public works or City utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting there from is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. Whenever the City grants a permit for an excavation in a street or alley or other public ground and the work contemplated by the permit may expose gas pipes, mains and appurtenances of the Grantee, the City shall furnish a copy of the permit to Grantee at least 48 hours prior to such work. SECTION III — GRANTEE SUBJECT TO ALL POWERS OF CITY; RULES GOVERNING REPAIR AND RECONSTRUCTION OF STREETS The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley, and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain, repair and keep in good condition for a period of three years from the date of acceptance by the City, all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street, alley or other public place caused by it in the operation and maintenance of its properties occurring at anytime and shall promptly remove such obstruction. Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee and may be enforced as a lien upon any of its properties or assets. Ordinance -2- SECTION IV - TERM OF FRANCHISE AND GRANT The right, authority and grant herein and hereby made to said Grantee, its successor and assigns, is granted for, and limited in time to, a period of thirty (30) years from September 1ST 2022 through and including August 315, 2052. SECTION V — CITY RIGHT TO INSPECTION OF GRANTEE'S PLANS ACCOUNTS AND BOOKS — GRANTEE TO FURNISH CERTAIN MAPS The City shall have access at all reasonable hours to all of the Grantee's plans, contracts and engineering, accounting, finance, statistical, customer and service records relating to the property and operations of Grantee within the City. The Grantee shall furnish, upon request, the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions. SECTION VI — PAYMENT TO CITY AND FILING OF QUARTERLY WRITTEN REPORT WITH THE CITY As consideration for this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross quarterly receipts received from all sales of gas by Grantee within the corporate limits of the City through use, operation or possession of this franchise and grant. Such quarterly payments shall be in lieu of taxes, fees or charges (other than ad valorem taxes) related to easements, franchises, rights-of-way, utility lines and equipment installation, maintenance and removal during the term of the public service provider's franchise with the city, which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter, which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. SECTION VII — RIGHT TO ADDITIONAL PAYMENTS TO CITY In the event that Grantee shall in conjunction with any other similar franchise agreement, pay any other city within the State of Idaho any percentage greater than hereinbefore provided, then and in such event, the City shall be entitled to collect from Grantee such higher percentage of gross annual sales, based upon Grantee's gross annual sales within the city for the same period of time for which such other city is entitled to receive such higher percentage. Ordinance -3- SECTION VIII— GRANTEE LIABILITY — INDEMNIFICATION It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee. SECTION IX — INSURANCE Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $1,000,000.00 and bodily injury with limits of not less than $1,000,000.00 per person and $2,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. Seq.) or any similar legislation. SECTION X — SAFETY REGULATION COMPLIANCE Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho or City of Chubbuck, or any regulatory body having jurisdiction thereof. SECTION XI — AGREEMENT NOT TO COMPETE RESERVE TO CITY POWER OF EMINENT DOMAIN In consideration if Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. SECTION XII - SURRENDER OF FRANCHISE In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise, or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities, and will restore City's streets and alleys damaged by such salvage operation. Ordinance -4- SECTION XIII— WRITTEN ACCEPTANCE The Grantee shall within thirty (30) days after the passage and publication of this ordinance, file with the City Cleric its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. SECTION XIV — SALE OR ASSIGNMENT OF FRANCHISE No sale or assignment of this franchise shall be effective until it is approved by the City, provided, however, that nothing herein contained shall be construed as to require consent or to prevent the Grantee of this franchise and grant from including it in a mortgage or trust deed executed for the purpose of obtaining money for corporate objects. SECTION XV — PUBLICATION COSTS The Grantee shall assume the cost of publication of this franchise as such publication is required by law. SECTION XVI — FORFEITURE Any violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the City after sixty (60) days written notice to the Grantee and the continuance of such violation, failure or default; however, this provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. SECTION XVII — SEPARABILITY If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid, the sante shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part of parts thereof would be declared unconstitutional or invalid. Ordinance -5- SECTION XVIII — REPEAL All ordinances and parts of ordinances of the City in conflict herewith shall be, and the same are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO AND APPROVED BY THE MAYOR THIS DAY OF 92022. ATTEST: City Clerk ACCEPTANCE Mayor INTERMOUNTIAN GAS COMPANY, as the franchisee, accepts the franchise set forth in the above Ordinance and agrees to abide by the terms and conditions thereof. DATED this day of 2022 INTERMOUNTAIN GAS COMPANY an ATTEST: Ordinance -6- Its: Vice President — Operations CITY OF CHUBBUCIC, IDAHO ORDINANCE NO. An ordinance of the City of Chubbuck, Idaho ("city"), granting to Intermountain gas company a thirty (30) year extension to its Franchise to construct, maintain and operate a gas transmission and distribution system; providing for the use of streets and alleys, and rules governing the same; subjecting the grantee to all powers of the city; setting forth the term of the franchise and grant; providing for the right of inspection by the city of grantee's plans, accounts, and books; requiring grantee to furnish certain maps; setting forth the requirement of quarterly payment to the city, and the filing of quarterly reports with the city; providing for the right to additional payments to city; setting forth the grantee's liability and for indemnification to the city; setting forth the grantee's requirement to file evidence of insurance; requiring compliance with safety regulations; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for surrender of franchise and right to salvage; requiring written acceptance by grantee to this Franchise extension; providing for consent to sale or assignment; providing for payment of publication costs by grantee; setting forth penalty for violation by grantee and forfeiture; providing for the severability of the provisions of this ordinance; providing for the repeal of conflicting ordinances. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 290 East Linden, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. and that the summary provides adequate notice to the public of the contents of this ordinance DATED this day of May, 2022 Ryan S. Lewis, City Attorney Summary of Ordinance — Page 1 Chubbuck 2022-05-18 — Franchise Int Gas City of Chubbuck 5160 Yellowstone Avenue MAYOR P.O. Box 5604 John 0. cotant CHUBBUCK, IDAHO 83202-0006 (208) 237-2400 COUNCIL MEMBERS Leroy S. Quick CZD Steven M. England David A. Landon W. Dean Wood August 20, 1992 STEVEN E. RECTOR P.O. BOX 7608 BOISE, IDAHO 83707 Dear Steve; As per our phone conversation, here is the ordinance for your signature. �Ie r e, L Ron Conlin City Clerk/Treasurer Enclosures AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A THIRTY (30) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND THE FILING OF ANNUAL REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR LEASE; PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. SECTION I GRANT OF AUTHORITY There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a thirty (30) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Chubbuck, Idaho (hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. SECTION II USE OF STREETS AND RULES GOVERNING SAME Grantee shall secure a permit for any opening it shall make in the streets, alleys and public places in the City and shall be subject to all applicable ordinances, but no fee shall be required of Grantee for any such permit.. The location or relocation of all facilities shall. be made under .the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service. Whenever the City shall pave or repave any street or shall change the grade or line of any street or ORDINANCE - 2 public place or shall construct or reconstruct any conduit, water main, sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. Whenever the City grants a permit for an excavation in a street, alley or other public ground and the work contemplated by the permit may expose gas pipes, mains and appurtenances of the Grantee, the City shall furnish a copy of the permit to Grantee at least 48 hours prior to such work. SECTION III GRANTEE SUBJECT TO ALL POWERS OF CITX RULES GOVERNING REPAIR AND RECONSTRUCTIONOFSTREETS The exercise of privileges herein granted shall he subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarily or unreasonably obstruct the use ORDINANCE - 3 of or damage any street or alley, and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain, repair and keep in good condition for a period of one year all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street, alley or other public place caused by it in the operation and maintenance of its properties occurring at anytime and shall promptly remove such obstruction. Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee and may be enforced as a lien upon any of its properties or assets. SECTION IV TERM OF FRANCHISE AND GRANT The right, authority and grant herein and hereby made to said Grantee, its successor and assigns, is granted for, and limited in time to, a period of thirty (30) years from Auaust , 1992 through and including August 2022 SECTION V CITY RIGHT TO INSPECTION OF GRANTEE'S PLANS ACCOUNTS AND BOOKS - GRANTEE TO FURNISH CERTAIN MAPS .. The City shall have access at all reasonable hours to all of the Grantee's plans, contracts and engineering, accounting, finance, statistical,customer and service records relating to the property and operations of Grantee within the City. The Grantee shall. furnish, upon request, the City with a.complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions. ORDINANCE - 4 SECTION VI PAYMENT TO CITY AND FILING OF ANNUAL WRITTEN REPORT WITH THE CITY As consideration for this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross annual receipts received from all sales of gas by Grantee within the corporate limits of the City through use, operation or possession of this franchise and grant. Such annual payments shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes) which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file by March 31 of each year with the City a report for the preceding calendar year, verified by the affidavit of the general manager, auditor, treasurer, or assistant treasurer of said Grantee, which report shall contain a statement in such form and detail as shall from time to time be prescribed by the City, of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar year preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross annual receipts due for the year for which said report is made and filed. SECTION VII GRANTEE LIABILITY - INDEMNIFICATION It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the ORDINANCE - 5 City on account of any suit, judgment, execution, claim or demand whatsoever, i resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either by suit or otherwise, made against the. City on account of any negligence as aforesaid on the part of the Grantee. - SECTION VIII INSURANCE Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $500,000.00 and bodily injury with limits of not less than $500,000.00 per person and $1,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 at. seq.) or any similar legislation. - SECTION IX SAFETY REGULATION COMPLIANCE Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho or City of Chubbuck or any regulatory body having jurisdiction thereof. ORDINANCE - 6 SECTION X AGREEMENT NOT TO COMPETE - RESERVE TO CITY POWER OF EMINENT DOMAIN In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. SECTION XI SURRENDER OF FRANCHISE In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right- to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise, or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities, and will restore. City's streets and alleys damaged by such salvage operation. SECTION XII WRITTEN ACCEPTANCE The Grantee shall within thirty (30 days after the passage and publication of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. ORDINANCE - 7 SECTION XIII SALE, ASSIGNMENT. OR LEASE OF FRANCHISE No sale, assignment or lease of this franchise shall be effective until it is approved by the City, provided, however, that nothing herein contained shall be construed as to require consent or to prevent the Grantee of this franchise and grant from including it in a mortgage or trust deed executed for the purpose of obtaining money for corporate objects, SECTION XIV PUBLICATION COSTS The Grantee shall assume the cost of publication of this franchise as such publication is required by law. SECTION XV FORFEITURE Any violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the City after sixty (60) days written notice to the Grantee and the continuance of such violation, failure or default; however, this provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. SECTION XVI SEPARABILITY If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid, the same shall not.affect the validity of any ORDINANCE - 8 other part of parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The City declares that it would have passed the remaining parts of this ordinance if it•had been known that such other part or parts thereof would be declared unconstitutional or invalid. SECTION XVII REPEAL All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. PASSED BY THE CITY COUNCIL AUGUST 11, 1 19 92 APPROVED BY THE MAYOR AUGUST, 11, 19. 92 sj JOHN 0. COTANT, MAYOR SEAL ATTEST / City Clerk ACCEPTANCE GAS COMPANY, as the franchisee, accepts the franchise set forth in the above Ordinance and agrees to abide by the terms and conditions thereof. DATED this 24th day of August ; 19 92 By )J�� �0-1� Its: Executive Vice President ORDINANCE 9