§ 4.  


Latest version.
  • During the franchise term and in lieu of any other franchise or permit fees being imposed upon Company in relation to its operations as a public utility, the Company agrees to pay the City a percentage of the Company's gross revenues as defined and scheduled below.

    The term "gross revenues" shall mean all sums received by the Company from the sale of electricity to its retail customers within the corporate limits of the City, excluding the surcharge for collecting the franchise fee herein imposed or sales or other tax collected by the Company from the customer. The Company may pay the City the fee based upon the surcharge billed, subject to subsequent reductions to account for uncollectibles or customer refunds. If the Public Utilities Commission orders a refund to customers, the City will be debited with the overpayment to the City caused by the Commission order. The Company is entitled to an on-going adjustment for uncollectibles for which a fee payment was made to the City based on uncollected bills. The amount of the franchise fee payable on the 25th day of the month will be based upon the Company's gross revenues for the preceding billing month to the extent required by the following schedule for each listed customer classification:

    1. For residential service customers, the fee will be:

    a. Five percent (5%) of gross revenues for the period of January 1, 1994, through December 31, 2012.

    b. Four and one-half percent (4.5%) of gross revenues for the period January 1, 2013, through December 31, 2014.

    2. For large (100kW or greater) commercial and industrial customers served at primary or higher voltages, the fee will be:

    a. Five percent (5%) of gross revenues for the period of January 1, 1994, through December 31, 1997.

    b. Four and one-half percent (4.5%) of gross revenues for the period of January 1, 1998, through December 31, 2000.

    c. Three and three-tenths percent (3.3%) of the gross revenues for the period of January 1, 2001, through December 31, 2004.

    d. Three percent (3%) of gross revenues for the period of January 1, 2005, through December 31, 2014.

    3. For all small (less than 100kW) commercial and industrial customers, large (100kW or greater) commercial or industrial customers served at secondary voltage, and all remaining miscellaneous classifications, the fee will be:

    a. Five and seventy-five hundredths percent (5.75%) of gross revenues for the period of January 1, 1994, through December 31, 2004.

    b. Five percent (5%) of gross revenues for the period of January 1, 2005, through December 31, 2014.

    At the time of each monthly payment, the Company shall file with the Finance Officer of the City a statement showing the amount of its gross revenues for the preceding billing month as a basis for the calculation of the sum of money due; and the Company shall furnish to said Finance Officer, not later than April 1st of the year, 1994 and of each year thereafter, a statement, certified by the Company's Controller or another officer of the Company, of the amount of the Company's gross operating revenues for the preceding calendar year. The City, at its option and expense, may verify through an independent auditor the information provided by such annual statement.

    The foregoing franchise fee shall be paid to City in lieu of any other permit or licensing fees, charges, or costs imposed on Company for providing electric service or performing work necessary to provide electric service in the City during the term of this Ordinance. The Company shall be required to pay only such other fees, charges, costs or taxes which are generally required to be paid by other businesses or persons in the City. (93-Or-180, § 1, 12-15-93)