(A) (1) As a part of any franchise ordinance adopted, the city shall impose upon the grantee an obligation to pay, or provide consideration, to the city which may be less than, equivalent to, or greater than costs of the city related to the recovery of the rental value of the public rights-of-way, the costs associated with the supervision, and maintenance, thereof, and the costs of administration, and supervision, of the franchise ordinance. The franchise fee may be expressed:
(a) As a specified charge per kilowatt hour of electric energy transmitted, furnished, delivered, or received, which fees shall be calculated by the Council, and imposed upon each kilowatt hour of electric energy transmitted, furnished, delivered, or received within the city;
(b) As a percentage of the gross revenues, or other consideration, billed, charged, and payable for the production, transmission, furnishing, delivery, or receipt of electric energy and power; or
(c) In such other manner, or fashion, as the Council may determine.
(2) The franchise fee may be changed by ordinance from time to time; however, no change shall be adopted until at least 30 days after written notice enclosing the proposed ordinance has been served upon the grantee of a franchise by certified mail. The franchise fee may not be changed more often than once in each calendar year.
(B) If, for whatever reason, a franchise ordinance, as required herein, is not in force, a franchise fee shall, nonetheless, be due, and payable, to the city. The franchise fee, in such circumstances, shall be calculated by the City Clerk-Treasurer to provide to the city the financial, or other consideration, as would be payable to the city under the terms of other franchise ordinances governing other electric service providers or, if there be none, an amount reasonably comparable to the city’s electric utility payments to the city General Fund, plus the fair market value of the city’s electric utility provision of goods and services to, and for, the benefit of the city, as may be in effect from time to time.
(Prior Code, § 2.63)