10.02 Gas Franchise Ordinances - Laserfiche WebLink

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added by the Company to its gas tariffs after the effective daxe of this £tanchise agreement 9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the Yate schedules of Company on file with the Commission. 9.5 Ec�uivalent Fee Rec�uirement The separate ordinance imposing the fee sha11 not be effective against Company u.nless it]a,wfully imposes and the City monthly or more often collects a fee or tax of the same ox greater equivalent amount on the receipts from sales of energy within the City by any other enexgy supplier,provided that,as to such a supplier,the City has the authority to Yequire a franchise fee or to impose a ta.�c. Notwithstanding the foregoing,the separate ordinance shall be effective against the Company as provided in the separate ordinance even where no such equivalent oxdinance has been passed for other energy providers in the City duriug any such period that the City is negotiating with such other energy provider for imposition of an equivalent franchise fee upon such provider. As of the effective date of this Oxdinance, the City has not previously imposed a franchise fee on any energy provider in the City and it will take time to negotiaxe and adopt such sepatate ordinances with all other energy providers in the City. If the City imposes a franchise fee o"� the Company through a separate ordinance,Companp agrees that City sha.11 have until Apri13Q,2�21 to impose an equivalent franchise fee upon all other energy providers operating in the City and that during such time the separate franchise fee ordinance with the Company shall be in effect as provided in such separate ordi.na.nce. If any of the separate franchise fee oxdinances with other energy providers are ndt iri pla.ce and effecrive as of April 30, 2021, anp separate tranchise fee ordinance with the Company shall expire on April 30, 2021. Notwithstanding the foregoing, neither expiration as provided in the p�eceding sentence,nor failure bp the City for any reason to impose a separate fxanchise fee orditiance on the Company and all other energy providers on or before Apri13Q,2021,sha11 pxevent or prohibit the City from imposing sepa.tate franchise fee ordinances on the Cotnpany and all other energy providers at any other time during the term of this franchise agreement The "same or greatex equivalent amount" shall be measured, if practica,ble, bp compariug amounts collected as a ftanchise fee from each simila,r customer,or by comparing,as to simila.r customers the percentage of the arini�al bill rep�esented by the amount collected for franchise fee putposes. The francl�ise fee or ta.�c shall be applica�le to energy sales for gas and electric energy use xela.ted to hearing,cooling or lighting,or to n�n machinexy and applia.nces,but shall not apply to energp sales for the pu�se of providing fuel for vehicles. If the Company specifically consents in writing to a£tanchise oY separat�:ardinance collecting or failing to collect a fee from another energy supplier in contravention of this Sectian 9.5,the foregoing conditions will be waived to the extent of such written consent 9.6. Continuation of Franchise Fee. If this franchise expires and the City and the Companp are una,ble to agxee upon terms of a new fxanchise,the franchise fee,if any being imposed by the City at the time this franchise expires,will rema.in in effect until a new franchise is agreed upon,but not more tha.n one yeax after expiration 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 franchise fee shall be collected after this fia.nchise has expired, SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Seve_ r� Every section, provision, or part of this Ordinance is declared separate from every other section,provision,ox part and if any section,provision,or part shall be held invalid, 7