Agenda - Council - 11/10/1992 - Laserfiche WebLink

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Operator by certified mail. The fee shall not become effective until after written notice enclosing such ',.~opted ordinance has been served up¢m the Operalor by certified mail, (2) Terms Defined. The term "gross revenues" means ali sums, excluding any surcharge or similar addition to the Operator's charges to customers for the purpose of reimbursing the Operator for the cost resulting from the franchise fee. received by the Operator from the sate of electricit;, to its retail customers within the corporate limits of the City. (3) Collection of thc Fee. Thc franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues of the Operator during complete billing months during the period for which payment is to be. made. The percent fee may be. changed by ordinance from time to time; however, each change shall meet the ,~trne notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Operator may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric, service The Operator may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to the mutual agreement of the City and the Utilities Board of Directors or Commission, which the Operator agrees to use best efforts to obtain. The Operator agrees to make its gross revenues records available for inspection by the City at reasonable times. (4) Conditions on the Fee. The fee shall not be effective against the Operator unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energs.' sales for the purpose of providing fuel for vehicles. SECTION I0. SEVERABILI'TY If an)' portion of this franchise is found to be invalid for an>, reason whatsoever, the validity of the remainder shall not be affected. SECTION 11. AMENDMENT This ordinance may be mended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which mandatoW ordinance shall become effective upon notice provisions of and above. SECTION 12. pREVIOUS FR..~NCHISES SUPERSEDED This franchise supersedes an). previous electric franchise or agreements, verbal or written, granted to the Operator or its predecessor. SECTION i3, EFFECTIVE DATE This Ordinance becomes effective upon its passage and thins.' (30) days after its publication acc~rding to law. I I I I I I I I I I