§ 20.08  FRANCHISE FEE.
   (a)   Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the has a right to impose, the may charge the a franchise fee. The shall seek to use a formula that provides a stable and predictable amount of fees, without placing the at a competitive disadvantage. Such fee shall not exceed any amount that the may legally charge to its customers prior to payment to the and be consistent with the Minnesota Public Utility Commission’s March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the claims that the required fee formula is discriminatory or otherwise places the at a competitive disadvantage, the shall provide a formula that will produce a substantially similar fee amount to the . If the and are unable to agree, the disagreement shall be subject to the dispute resolution provisions of this Article I.
   (b)   Separate ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council.
   (c)   Condition of fee. The separate ordinance imposing the fee shall not be effective against the unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the by any other energy supplier, provided that, as to such supplier, the has the authority or contractual right to require a franchise fee or similar fee through a previously agreed upon franchise.
   (d)   Collection of fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the may legally charge to its customers prior to payment to the . Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the . The shall not be responsible to pay fees that is unable to collect under rules or order. The agrees to make available for inspection by the at reasonable times all records necessary to audit the determination of the franchise fee payments.
   (e)   Continuation of franchise fee. If this franchise expires and the and the are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one year after the franchise expires as stated in § 20.02(f) of this franchise. If for any reason the franchise terminates, the franchise fee imposed under this Article I will terminate at the same time.
(Ord. 84-15, passed 3-26-1984; deleted and added by Ord. 2003-31, passed 7-7-2003; deleted and added by Ord. 2015-37, passed 11-16-2015; Ord. 2016-4, passed 2-22-2016)