Ordinance 19-04 - Laserfiche WebLink

Home Browse Search

added by the Company to its gas tariffs after the effective date of this franchise � agreement. 9.4.3 Therm shall be a unit of gas pxoviding 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.5 Ec�uivalent Fee Rec�uirement. The separate ordinance unposing 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 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. Notwithstanding the foregoing, the separate ordinance shall be effecrive against the Company as provided in the separate ordinance even where no such equivalent ordinance has been passed for other energy pYoviders in the City during any such period that the City is negotiating with such other energy provider for imposirion of an equivalent franchise fee upon such provider. As of the effecrive date of this Oxdinance, the City has not previously ixnposed a franchise fee on any energy provider in the City and it will take time to negotiate and adopt such separate ordinances with all other energy providers in the City. If the City imposes a franchise fee on the Company through a sepaxate ordinance,Company agrees that City shall have until Apri130,2021 to impose an equivalent franchise fee upon all othex energy pxoviders 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 ordinance. If any of the separate franchise fee ordinances with other energy providers are not in place and effective as of April 30, 2021, any separate franchise fee ordinance with the Company shall e�ire on April 30, 2021. Notwithstanding the foregoing, neither e�iration as provided in the preceding sentence, nor failure by �' the City for any reason to impose a separate franchise fee ordinance on the Company and all other energy providers on or before April 30,2021,shall prevent or prohibit the City from imposing separate franchise fee ordinances on the Company and all other energy providers at any other time during the term of this franchise agteement. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer,or by comparing,as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for gas and electric energy use related to heating,cooling or lighting,or to run machinery and appliances,but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravenrion of this Section 9.5,the foregoing condirions will be waived to the extent of such written consent. 9.6. Continuation of Franchise Fee. If this franchise expites and the City and the Company are unable to agree upon terms of a new franchise,the franchise fee,if any being imposed by the City at the time this franchise e�ires,will remain in effect until a new franchise is agreed upon, but not more than one year aftex expirarion of the term set forth in Secrion 2.1,and subject to any continuarion as set forth in Section 2.6.The parties understand that no franchise fee shall be collected after this franchise has e�ired. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severabilitv. 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, 7