Ordinance Interstate Power FranchisePreparer: Barry A. Lindah1300 Main Street Suite 330 Dubuque IA 52001(563) 583-4113
ORDINANCE NO. 58-03
ESTABLISHING A FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS
REVENUE OF INTERSTATE POWER COMPANY, ITS SUCCESSORS AND
ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF
DUBUQUE
Whereas, City of Dubuque Ordinance No. 58-93 (City of Dubuque Code of
Ordinances Appendix D), adopted by the City Council on the 4th day of October
1993, granted to Interstate Power Company, its successors and assigns
(hereinafter referred to collectively as the Company), nonexclusive authority for a
period of twenty-five (25) years to maintain and operate its electrical system
within the limits of the City of Dubuque; and
Whereas, Ordinance No. 58-93 provides that the City Council may, impose
a franchise fee not to exceed three (3) percent of the gross revenue of the
Company generated from the sale of electricity within the City of Dubuque; and
Whereas, the City Council has determined that a franchise fee is in the best
interests of the City of Dubuque.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Effective October 1, 2003 and for the term of the franchise
granted by Ordinance No. 58-93, there is hereby imposed upon the Company a
fee equal to two percent (2%) of the gross revenue generated from the sale of
electricity within the City of Dubuque.
Section 2. The Company shall on the first day of each month commencing
November 1, 2003, certify to the City Manager in a form acceptable to the City
Manager records establishing the gross revenues from the sale of electricity
within the City of Dubuque and shall pay the fee to the City within thirty (30) days
following the last day of the preceding month.
Section 3. The fee imposed by Sec. 1 shall not apply to any sale of
electricity by the Company that is exempt under Iowa Code § 422.45 from the tax
imposed by Iowa Code § 422.43 and in computing the amount of the fee, the
Company shall not include such sales, unless it is impracticable to do so, in
which event the City Manager may provide for a rebate of the amount of the fee
for such exempt sales of electricity to the Company's customers,
Passed, approved and adopted this 28th day of July
,2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
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