Ordinance Peoples Gas FranchisePreparer: Barry A. Lindah1300 Main Street Suite 330 Dubuque IA 52001(563) 583-4113
ORDINANCE NO. 59-03
ESTABLISHING A FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS
REVENUE OF PEOPLES NATURAL GAS COMPANY, ITS SUCCESSORS AND
ASSIGNS, GENERATED FROM THE DISTRIBUTION AND SALE OF NATURAL GAS
OR MIXED GAS WITHIN THE CITY OF DUBUQUE
Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of
Ordinances Appendix C), adopted by the City Council on the 19th day of July,
1993, granted to Peoples Natural Gas 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 gas distribution
system within the limits of the City of Dubuque; and
Whereas, Ordinance No. 43-93 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 natural and mixed gas 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. 43-93, there is hereby imposed upon the Company a
fee equal to two percent (2%) of the gross revenue generated from the sale of
natural and mixed gas 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 natural and
mixed gas within the City of Dubuque for the preceding month 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 natural
and mixed gas 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 natural and mixed gas to the Company's customers.
Attest:
Jeanne F. Schneider, City Clerk
Passed, approved and adopted this 28th day of July ,2003.
Terrance M. Duggan, Mayor
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