Agenda - Council - 07/22/2003 - Laserfiche WebLink

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SECTION 4. NOTICE. 1. This ordinance shall be adopted after whtten notice, which includes a copy of this ordinance, has been served on each company by certified mail. Upon adoption of this ordinance, the franchise fee imposed hereby shall not become effective until after written notice, which includes a certified copy of this ordinance, has been served upon each company by certified mail. SECTION 5. BIANNUAL REVIEW The City Council shall review this ordinance biannually, at its first meeting in June and its first meeting in December of each year. The purpose of the review shall be for the City Council to determine the City's necessity to receive the revenues generated by the franchise fee. Upon a finding that the revenues are necessary, the City Council shall adopt a resolution to that effect. Upon a finding by the City Council that the City no longer needs the revenues generated by the franchise fees for the foreseeable future, the City Council shall proceed to repeal this ordinance, notwithstanding its expiration date defined in Section 7 hereof. It is the intent of this ordinance that not more than $525,000.00 in franchise fees be collected annually. If after the June City Council review referenced above, the City Council finds that there is a reasonable expectation that more than $525,000.00 will be collected for the then calendar year, the City Council may, by resolution, direct that each company reduce the franchise fee by that percentage amount necessary to limit the total annual franchise fee collecfed for the then calendar year to approximately $525,000.00. SECTION 6. SEPARABILITY~ COMPLIANCE WITH LAW. Every section, provision, or part of this ordinance is declared separate from every other section, provision, or part: and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. If any franchise fee or franchise fee percentage rate for a particular class of customers, or as applied to an individual customer, is ruled, adjudged, or declared invalid or unlawful, or its collection from customers or distribution to the City enjoined or not approved by a final order of a court of competent jurisdiction; (a) the franchise fee percentage rate for that class and alt classes of customers shall be increased as soon as the applicable surcharge can be adjusted so that all such rates are uniform and equal at the highest percentage of all such rates, not to exceed the highest franchise fee percentage rate in effect at that time for any class, and (b) this franchise fee ordinance shall be amended as soon as possible to the extent necessary to comply with such order of the court or Public Utilities Commission, and at the same time, to return as closely as possible to the intent and purposes of this franchise fee 6rdinance in regard to the respective rights and obligations of the City and each company. ORDINANCE #03- -3 -