1. Natural Gas. In consideration of the right and franchise granted to Consumers Energy (the "Company") in Section 116.01 herein, a franchise fee is hereby imposed effective May 1, 2011, equal to two percent (2%) of the gross receipts minus uncollectable amounts derived by the Company in the City of Ankeny for the delivery and sale of natural gas.
A. The amount of franchise fee shall be shown separately on the utility bill to each customer. The Company shall remit collected franchise fees to the City on a quarterly basis, within thirty (30) days after the last day of the last revenue month of each quarter of the calendar year (i.e. remitted by April 30, July 31, October 31 and January 31). The City shall not modify the level of the franchise fee more frequently than once in any twelve (12) month period.
B. The City shall be solely responsible for the proper use of any amounts collected as franchise fees, and shall only use such franchise fees for purposes allowed by Iowa law and as set forth in the Revenue Purpose Statement previously adopted by the City.
C. The franchise fee shall be applied to all customers' bills in accordance with Iowa Code Chapters 362.2(f) and 423B.5, except for the City's bills which shall be exempt from the franchise fee.
D. Upon receipt of a final and unappealable order or approval authorizing annexation or changes in the corporate boundaries of the City, the City Clerk shall provide written notification to the Company of such annexation or change in the corporate boundaries of the City, and the Company shall apply the franchise fee to its customers who are affected by the annexation or change in the corporate boundaries of the City, commencing no more than ninety (90) days after receipt of the written notice and City's verification of the area added to the City.
E. To fulfill the purpose and intent of this section, the City and the Company may enter into an agreement addressing the implementation of the collection of the franchise fee, which agreement shall be approved by resolution of the City.
2. Electricity. In consideration of the right and franchise granted to Consumers Energy (the "Company") in Section 116.01 herein, a franchise fee is hereby imposed effective May 1, 2011, equal to two percent (2%) of the gross receipts minus uncollectable amounts derived by the Company in the City of Ankeny for the delivery and sale of electric energy.
A. The amount of franchise fee shall be shown separately on the utility bill to each customer. The Company shall remit collected franchise fees to the City on a quarterly basis, within thirty (30) days after the last day of the last revenue month of each quarter of the calendar year (i.e. remitted by April 30, July 31, October 31 and January 31). The City shall not modify the level of the franchise fee more frequently than once in any twelve (12) month period.
B. The City shall be solely responsible for the proper use of any amounts collected as franchise fees, and shall only use such franchise fees for purposes allowed by Iowa law and as set forth in the Revenue Purpose Statement previously adopted by the City.
C. The franchise fee shall be applied to all customers' bills in accordance with Iowa Code Chapters 362.2(f) and 423B.5, except for the City's bills which shall be exempt from the franchise fee.
D. Upon receipt of a final and unappealable order or approval authorizing annexation or changes in the corporate boundaries of the City, the City Clerk shall provide written notification to the Company of such annexation or change in the corporate boundaries of the City, and the Company shall apply the franchise fee to its customers who are affected by the annexation or change in the corporate boundaries of the City, commencing no more than ninety (90) days after receipt of the written notice and City's verification of the area added to the City.
E. To fulfill the purpose and intent of this section, the City and the Company may enter into an agreement addressing the implementation of the collection of the franchise fee, which agreement shall be approved by resolution of the City.
(Sec. 116.05 - Ord. 1690 - Apr. 11 Supp.)
("Electric" Added to Ch. 116 - Ord. 1690 - Apr. 11 Supp.)