City of Deer River Municipal Ordinances
authorizing the Company to incorporate such fee within its rate schedule and thereby pass along the costs of such fee to Company’s customers located within the City. The Company agrees to use its commercially reasonable efforts to obtain such Commission authorization.
⦁ Calculation of Fee. The City may impose the franchise fee as a flat fee per customer per premise based on metered service to retail customers within the corporate limits of the City.
⦁ Collection of the Fee. The franchise fee will be payable not less often than quarterly during complete billing months of the period for which payment is to be made. The total amount of the franchise fee may not exceed the total amount that the Company may legally collect from its customers in relation thereto. The amount and origin of the fee will be separately identified on the Company’s bills to its customers. The Company shall pay the City the franchise fee based upon the surcharge billed, subject to subsequent reductions to account for uncollectibles or customer refunds and as also reduced by the Company’s reasonable out-of-pocket expenses incurred in connection with the imposition and collection of the franchise fee. The time and manner of collecting the franchise fee are subject to the approval of the Commission. The Company agrees to make available for inspection by the City at reasonable times, upon fifteen (15) business days’ prior notice from the City, all records necessary to audit the Company's determination of the franchise fee payments.
⦁ Change in Fee. The franchise fee formula may be changed by ordinance from time to time; however, each change must meet the procedural requirements of Section 4.1 and may not be made more often than once every five (5) years.
⦁ Continuation and Discontinuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any, being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. If another company provides electric service to any customer located within the City without paying a franchise fee to the City, then Company shall no longer be required to pay any franchise fee. The requirement that the Company pay a franchise fee will be reinstated only when equivalent franchise fees are imposed upon all electric service providers within the City. Company shall not be required to retroactively bill customers or otherwise compensate City for any fees which, but for this Section 4.5, would have been collected.
SECTION 5. PREVIOUS FRANCHISES SUPERSEDED
This Ordinance supersedes and cancels the City of Deer River Ordinance No.