Ordinance 19-04 - Laserfiche WebLink

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SECTION 8. CHANGE IN FORM OF GOVERNMENT. � Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall,without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in addition to any permit being imposed on the Company,the City may impose on the Company a franchise fee by separate ordinance. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Secrion 9 shall be a flat fee per customer based on metered service to retail customers within the City or on some other similar basis. 9.2 Se�arate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written norice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effecrive until the beginning of a Company billing month at least 90 days after written norice enclosing such adopted ordinance has been served upon Company by certified mail. Secrion 2.5 shall consritute the sole remedy for solving disputes between Company and the City in regard to the interpretarion of, or enfoxcement of, the separate ordinance. No acrion by the City to implement a separate ordinance will commence until this Ordinance is effecrive. 93 Collecrion of the Fee. The franchise fee shall be payable quarterly and shall be based on `'' the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same norice requirements and not occur more often than annually. The time and manner of collecting the franchise fee is subject to the approval of the Coinmission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollecribles, refunds and correcrion of erroneous billings. Company agrees to make its records available for inspecrion by the City at reasonable times provided that the City and its designated representative agYee in writing not to disclose any information which would indicate the amount paid by an��identifiable customer or customers or any other informarion regarding idenrified customers. 9.4 Terms Defined. 9.4.1 "Customer Class" shall refer to classes listed in the Fee Schedule and as defined or deterinined in Company's gas rate book on file with the Commission. 9.4.2 "Fee Schedule" tefers to the Schedule setting forth tlie various customer classes from which a franchise fee would be collected if a separate ordinance were � implemented in�unediately after the effecrive date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Classes 6