Agenda - Council - 10/22/1996 - Laserfiche WebLink

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~ne franchise fee may be changed from ~irne to ~ime by resolution of ~he City Council but not more often than annually. All changes in the franchise fee must comply with the notice provisions of Section 4 hereof. Term. The franchise fee shall be paid to the City during the term of the franchise granted to each company, and in lieu of any permit or other fees relating to the repair, maintenance and operation of the companies facilities being imposed on the companies by the City. Collection. The franchise fee shall be paid to the City at least quarterly and shall be based on gross revenues of each company for complete billing months in the calendar quarter for which payment is made. The franchise fee is payable on or before the last day of the calendar month following the end of each quarter. Payments are due by January 31, April 30, July 31 and October 31. The first payment hereunder is dueJuly 31, 1996. SECTION 3. REPORTING REOUIREMENTS. Each company shall file annually with the City a report showing energy consumption and revenues by classes of service contained in Section 2 for the preceding year, and containing such further /nformation as may be agreed to by the City and each company, based upon each company's operations within the City. The City may at its option, not more than once a year, require that the collection and disbursement of franchise fees be verified by a certified audit at the expense of the City. Each company shall use its best efforts to monitor sales and consumption of energy to estimate the effect of franchise fee percentage rates on such sales and consumption; and each company and the City may meet annually to discuss the results of such studies and other matters of mutual concern regarding the franchise fee. In addition, each company agrees to make its gross revenues records available for inspection by the City at reasonable times. SECTION 4. NOTICE. This ordinance shall be adopted after written 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. 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 all classes of customers shall be increased as soon as the applicable surcharge can be adjusted so that ail 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 ordinance in regard to the respective fights and obligations of the City and each company. /7,,,- ORDINANCE #96- Page 2 of 3 I I I I I I I I I ! I I I ! I i I I I