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

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I I I I I I I '1 I I I '1 I I I I ! I Thcfr ~anchise fee may be changed from time to time by resolution of the City Council but not m~e Often than annually. All changes in the franchise fee must comply with thc notice provisions iaf Section 4 hereof. 2. ]'em!_. ;Theifranchise fee shall be paid to the City during the term of the franchise granted to each ic0mpjiny, and in lieu of any permit or other fees relating to the repair, maintenance and ope. mtibn of the companies facilities being imposed on the companies by the Cit.,,'. 3. ~I The franchise fee shall be paid to the City at least quarterly and shall be based on 8q~o~Ss re},enues of each company for complete billing months in the calendar quarter for whiCh ~Pay~ent is made. Thc franchise fee is payable on or before the last da)' of the calendar mpnth following the end of each quarter. Payments are due by January 31, April 30, July 31land October 31. The first payment hereunder is due April 30, 1993. SECTION 3.1: REPORTING REOUIREMENTS. Each company shall file annually with the City a report showing energy, consumption and revenues by classes of gerVice contained in Section 2 for the preceding year, ~nd containing such further information aS may be agreed to by the City and each company, based upon each company's operations within/he City. The City may at its option, not more than once a year, require that the collection andi.dis~ursement of franchise fees be verified by a certified audit at the expense of the City. Each C0mP~ny shall use its best efforts to monitor sales and consumption of energy to estimate the el'feet 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 rec~ ai, ailable for inspection by the City at reasonable times. SECTION 4; NOTICE. 1. This °rdim{nce shall be adopted after written notice which includes a cop3' of this ordinance has been served on each company by certified mail. 2. Upon adoption of this ordinance, the franchise fee imposed hereby shall not become effecti//e utttil after written notice, which includes a certified copy of this ordinance, has been:served upon each company by certified maiI. SECTION 5.. SF!PARABILITY. COMPLIANCE WITH Lp, W, Ever',,. section; prOk, ision or part of this ordinance is declared separate from every, other section, vrovision orparc: and if any section, provision or r~art shall be held invalid, it shall not affect any other secUon, pro, sion or part. If an,,, franchise fee or franchise fee percentage ,-'ate for a pamcuiar :iass of cuStomersi or as applied to an individual customer, is ruled, adjudged or declared invalid or unlawful Orfits collection from customers or distribution to the City enjoined or not approved by a final orderOf a Clburr of competent jurisdiction; (a) the franchise fee percentage rate for that class and ail classCs~of cgstomers shall be increased as soon as the applicable surcharge can be adjusted so that all sui:~ raI~S are uniform and equal at the highest percentage of all such rates, not to exceed the highest ~chi!se 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 for Public Utilities Commission. and at the same time, to return as closely as ¢ossible to the intelat and purposes of this franchise fee ordinance in regard to the respective rights and obligations of the City and each company. ORDINANCE ~92- Page 2 of 3