City Council Study Session Agenda and Packet 2004 10 12

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DPS \56925 \478939.02 DRAFT CITY OF LOUISVILLE ORDINANCE §3.5 Enforcement of City Sales and Use Tax Laws. The City may use the metered information obtained from franchise fee audits for the purpose of enforcing its sales and use tax laws. Upon request by the City, the Company shall supply the City with a list of all suppliers of electricity and/or gas that utilize Facilities within the Streets to sell electricity and /or gas to Residents. §3.6 Franchise Fee Payment in Lieu of Certain Taxes and Other Fees. The City accepts payment of the franchise fee by the Company in lieu of any occupation tax, occupancy tax, license tax, or similar tax or fee the City might charge the Company or its subcontractors for the privilege of doing business in the City, for the use or occupation of City Streets, or for the installation, operation and maintenance of Facilities. Payment of the franchise fee does not exempt the Company from any lawful taxation upon its property, or from any lawful fee for an excavation permit, street cut permit, or similar fee imposed by the City, or from any other tax or fee not related to the franchise or the occupation or use of City Streets, including the payment of head taxes, sales taxes or other fees or taxes assessed generally upon businesses. r §3.8 Franchise Fee Conversion. If at any time during the term of this franchise the Company agrees to pay any Colorado municipality a franchise fee measured against the total consumption of gas or electricity in each month by each Resident, then the Company shall within sixty (60) days of executing said agreement, provide written notice to the City, which notice shall include the consumption -based franchise calculation. If requested by the City, the Company shall supply the City with such relevant information .that the parties agree is necessary to assist the City in its evaluation of the consumption -based franchise fee calculation. If the City elects to convert to a consumption - based franchise fee, the City shall provide written notice to the Company. Within sixty (60) days after receiving said notice, the Company shall begin paying consumption -based franchise fees . - Deleted: §3.7 . Maintenance of Franchise Fee. If at any time during the term of this franchise the manner in which the franchise fee is calculated, collected or paid is changed, whether by action of the Company or any entity having jurisdiction thereof; the Company agrees to cooperate with the City in modifying the agreement to assure that the Company collects and the City receives an amount in franchise fees or some other form that is the same amount or more than the amount of franchise fees collected by the Company and paid to the City as of the date of such change and required modification.¶