(A) The finding and provisions set out in the preamble to the ordinance codified herein are hereby in all things approved and adopted.
(B) The tariff attached to the ordinance codified herein, Exhibit A, is incorporated herein and hereby approved. It allows the recovery of incremental franchise fees paid to the city. Exhibit A is in full force and effect for any billing by SWEPCO during the September 2004 and subsequent billing cycles.
(C) In the event that a separate ordinance to change the level of franchise compensation paid to the city, as anticipated by this section, does not pass or is found by a court of competent jurisdiction to not to have been lawful, the attached tariff shall be in effect only to the extent necessary for SWEPCO to recover additional franchise fees paid to the city over what would have been paid under the previous franchise fee rate, and SWEPCO shall refund to its customers any excess amounts collected.
(Ord. 04-125, passed 7-19-2004)