Ordinance # 159 - Laserfiche WebLink

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well as any tax on energy or any element thereof, such as the BTU amount expended or carbon content released in the production of electricity. Subdivision 3. Collection of the Fee. The franchisee fee shall be payable not less often than quarterly and shall be based on the gross revenues of NSP during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the notice requirements in Section 13, subdivision 1 above and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which NSP may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for gas service. NSP 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 approval of the Commission, which NSP agrees to use best efforts to obtain. NSP agrees to make its gross revenues records available for inspection by the City at reasonable times. Subdivision 4. Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against NSP 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. If the City has an existing franchise with another energy supplier which does not authorize a franchise fee, �-' no separate ordinance can be implemented under subdivision 13, subdivision 1 above until such existing franchise is amended to authorize a franchise fee which is subject to such separate ordinance. 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 energy sales for the purpose or providing fuel for vehicles. SECTION 14. RENEGOTIATION PRIOR TO END OF FRANCHISE TERM. Except as mutually agree,the parties hereto shall commence renegotiation of the franchise between the City and NSP not less than twenty-four(24) months before the end of the franchise term. SECTION 15. GENERAL ORDINANCE PROVISIONS. Subdivision 1. Severability. Every section or provision, or part of this Ordinance is declared separate from every other section or provision or part; and if any section provision, or part shall be held invalid, it shall not affect any other section provision or part. Where a provision of any other City ordinance conflicts with the provisions of this ordinance,the provisions of this Ordinance shall prevail. 8