Grantor may, during the term of this franchise, in its discretion, in compliance with and as authorized by state law, after public hearing and upon a majority vote of a majority of the members of the Grantor’s City Council then present, pass an ordinance imposing a franchise fee on Grantee’s customers located within Grantor’s corporate limits; provided, however, that the franchise fee shall not be effective, and Grantee shall not be obligated to collect and pay same, unless and until:
(A) It is satisfactory to Grantee with respect to its compatibility with Grantee’s billing system;
(B) The form of assessment and collection of the franchise fee is based on either:
(1) A percentage of Grantee’s gross receipts of regulated sales or transportation revenues collected from Grantee’s customers within Grantor’s corporate limits;
(2) A volumetric fee based upon Grantee’s delivery of energy within Grantor’s corporate limits; or
(3) A flat fee collected on a nondiscriminatory basis from each of Grantee’s customers within Grantor’s corporate limits; and
(C) Grantor has imposed a franchise fee on all other parties supplying energy within Grantor’s corporate limits, calculated in the same manner as the franchise fee imposed on Grantee’s customers.
(Ord. 2418, passed 8-2-2022)