Agenda - Council - 05/27/2003 - Laserfiche WebLink

Home

I I I I I i I I I I I I I I 9.4 Conditions on the Fee. The fee shall not be effective against the Company 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 nor apply to energy sales for the purpose of providing fuel for vehicles. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. 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; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other City ordinance cOnflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. · - - 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one ore more of the terms hereof or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT. This Ordinance may be a mended at any time by the City passing a subsequent ordinance declaring the provisions of the amendments, which mandatory ordinance shall become effective upon notice provisions of Section 1, Subdivision 4, above. SECTION 12. PREVIOUS FRANCHISES SUPERCEDED. This franchise supercedes any previous gas franchise or agreements, verbal or written, granted to the Company or its predecessor. SECTION 13. ORDINANCE SUMMARY FOR PUBLICATION -217-