§ 3. Responsibility for Payment of Franchise Fee.

The Company as the holder of the franchise privilege hereunder is responsible for the payment of all franchise fees payable hereunder, and shall file such reports and returns as required by the franchise ordinance as modified by this Amendment. In addition, the Company shall report annually the names of all Gas marketers for which Company is transporting natural gas on the distribution system within the City.

The franchise fee payments required hereunder shall be in lieu of any franchise fee license fee, occupation tax or other payment for use of the rights of way by the Company for the provision of gas service, but shall not prohibit imposition of a license fee or an occupation tax on gas marketers.