10.04 Gas Franchise Ordinances - Laserfiche WebLink

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added by the Company to its gas tariffs after the effective da,te of this franchise agreement 9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing putposes under the rate schedules of Company on file with the Commission. 9.5 Ec�uivalent Fee Rec��uiremen� The separate ordina.nce imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energ,y within the City by any other energy suppliex,provided that,as to such a supplier,the City has the authoritp to requite a fYanchise fee or to impose a tax. Notwithstanding the foregoing,the sepa,tate oxdinance shall be effecrive against the Companp as provided in the separate ordinance even where no such equivalent oxdinance has been passed for othex energy providers in the City duting any such period that the City is negotiaxing with such other energy pxovider for imposition of an equivalent franchise fee upon such provider. As of the effective date of this Ordina.nce, the City has not previausly imposed a franchise fee on any energy provider in the City and it will take time to negotia,te and adopt suCh separate ordinances with a11 other energy providers in the City. If the City imposes a franchise fee o� the Company thYough a separate ordinance,Companp agxees that City sha11 have until Apri130,2021 to impose an equivalent ftanchise fee upon all other energy providers operating in the City and tha,t during such time the separate franchise fee ordinance with the Company shall be in effect as provided in such separate ordina.nce. If a,ny of the separate f�anchise fee ordinances with other energy providers are nat in p]ace and effecrive as of April 30, 2021, any sepatate f�anchise fee ordinance with the Company shall expire on April 30, 2021. Notwithstanding the foregoing,neither expiration as provided in the pYeceding sentence,nor failure by the City for anp reason to impose a separate fxanchise fee ordina,nce on the Company and all othex energy providers on or before Aprii 34,2021,shall prevent or prohibit the City from imposing separate feanchise fee ordinances on the Companp and a11 other energy providers at any other time during the term of this fianchise agreement. 'I'#�,e "same or greater equivalent amount" shall be measured, if practicable, bp compa�g amounts collected as a frax�chise fee from each simila.r customer,or by comparing,as to similar customers the percentage of the ann�al bill �epresented by the amount collected for franchise fee purposes. The franehise fee or tax sha11 be applicable to energy sales for gas and elect�ic energy use related to heating,�ooling or lighting,or to n�n.machinery and applia.nces,but shall not apply to enexgy sales for the purpc�se of providing fuel for vehicles. If the Company specifically consents in writing to a ftanchise or separate o�dina.nce collecting or failing to collect a fee f�om another energy supplier in contravention of this Sectian 9.5,the foregoing�onditions will be waived to the extent of such written consent 9.6. Cnntinuation af Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon tertns of a new franchise,the franchise fee,if any being imposed by the City at the time this franchise e�pires,will rema.in in effect until a new franchise is agxeed upon,but not more than one pear aftex expira,tion of the term set forth in Section 2.1,and subject to any continuation as set forth in Section 2.6.The parties understand that no fra.nchise fee shall be collected after this franchise has expired. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Sev� Every section, provision, or part of this OYdinance is declared separate from every other section,provision,or part and if any section,provision,or part shall be held invalid, 7