§ 6.  

Latest version.
  • The Company has agreed to collect and pay the franchise fee, set forth in Section 4, on the condition that the fee will not cause a customer to cease or reduce its electric energy purchases from the Company by modifying equipment, or installing new equipment, to use a form of energy (including electricity not purchased from Company) subject to a lesser or no fee payable by the energy supplier to City. It is agreed by City that Company, at its discretion and upon 20 days prior written notice to City, may agree with any customer to eliminate or reduce the franchise fee Company would otherwise collect to the amount, if any, of the fee imposed by City on the supplier of the energy the customer would use if certain specified equipment were used, modified or installed, but only to the extent the customer agrees to use electricity purchased from Company in lieu of such other energy available to the customer which is not subject to a City fee or which is subject to a lesser City fee.

    The proposed reduction or elimination of the fee may become effective 20 days after the date of the above notice, unless the City Finance Officer delivers to Company, prior to such 20th day, a written statement objecting to the Company's proposed reduction or elimination of the fee. In the event the Finance Officer issues such a written statement of objection, the Company may appeal the objection to City Council by written notice to the City Clerk. Within 30 days of the Company's appeal, the City Council shall consider the City Finance Officer's objection and determine by resolution either to confirm or withdraw the Finance Officer's objection. If any reduction in fees occurs under this Section, the basis for the reduction may be reviewed annually at the request of City to assure such reduction continues to be warranted. (93-Or-180, § 1, 12-15-93)