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Code of Ordinances Amendment - Interstate Power and Light Company Copyright 2014 City of Dubuque Action Items # 1. ITEM TITLE: Code of Ordinances Amendment - Interstate Power and Light Company SUMMARY: ORDINANCE Amending and Restating Ordinance No. 58-03 Establishing a Franchise Fee on the Gross Revenue of Interstate Power Company, Its Successors and Assigns, Generated From the Sale of Electricity within the City Of Dubuque by Increasing the Franchise Fee To 5% SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Ordinance Ordinance ❑ Suggested_Motion A& B Supporting Documentation ORDINANCE NO. 14-15 AMENDING AND RESTATING ORDINANCE NO. 58-03 ESTABLISING A FRANCHISE FEE ON THE GROSS REVENUE OF INTERSTATE POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE BY INCREASING THE FRANCHISE FEE TO 5% Whereas, Ordinance No, 58-03, as amended by Ordinance No's. 75-03, 7-10, and 6-14 established a franchise fee of 3% on the gross revenue of Interstate Power Company, its successors and assigns, generated from the sale of electricity in the City of Dubuque; and Whereas, Interstate Power and Light Company (the Company) is a successor to Interstate Power Company; and Whereas, Ordinance No. 01-15 authorizes the City Council to impose a franchise fee up to the amount allowed by Iowa law upon such gross revenue; and Whereas, the City Council finds it is in the best interests of the City of Dubuque to impose a franchisee fee of 5%. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ordinance No. 58-03, as amended by Ordinance No's. 75-03, 7-10, and 6-14 is amended and restated as follows: Section 1. Effective June 1, 2015, and for the term of the franchise granted by Ordinance No. 1-15, there is hereby imposed upon the Company a fee equal to five percent (5%) of the gross revenue generated from the sale of electricity within the City of Dubuque. Section 2.The Company shall on the fifteenth day of each month, commencing November 15, 2003, provide to the City Manager in a form acceptable to the City Manager records establishing the gross revenues from the sale of electricity by the Company 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. (1) Effective July 1, 2013, the fee imposed by Section 1 of Ordinance No. 58- 03, as amended by Ordinance No. 7-10, shall not apply to any sale of electricity by the Company that is exempt under Iowa Code Section 423.3 from the tax imposed by Iowa Code Section 423.2 and in computing the amount of the fee, the Company shall not include such sales, unless it is impracticable to so, in which event the City Manager shall provide a rebate of the amount of the fee for such exempt sales of electricity to Company's customers provided a written request is submitted by a customer to the City Manager in the City's fiscal year (July 1 — June 30) in which the customer pays such fees. (2) Any rebate of franchise fees which may have been available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such rebate shall not be honored or paid by the city. This ordinance takes effect upon publication. Passed, approved and adopted the 12th day of Mar h, 2015. Roy D. ol, Mayor Attest: Trish L. Gleason, Assistant City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 18, 2015, and for which the charge is $34.44. 3 PI Subscribed to before me,la Notary Public in and for Dubuque County, Iowa, erzedel , 20 /5 . this /90 day of otary Public in and for Dubuque County, Iowa. MANY rc< r d SER Comrnis ion Number 154.885 My 00111M, Exp, FEB, 1, 201i OFFICIAL PUBLICATION ORDINANCE NO. 14-15 AMENDING AND RE- STATING ORDINANCE NO. 58-03 ESTABLISING A FRANCHISE FEE ON THE GROSS' -'REVENUE OF INTERSTATE POW- ER COMPANY, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OFpUBUQUE BY INCREASING THE FRANCHISE FEE TO 5% Whereas, Ordinance No, 58-03, as amended by Ordinance No's. 75- 03, ` 7-10, and 6-14 established a franchise fee of 3% on the gross revenue of Interstate Power Company, its fifteen Y successors`. and as -month commencing signs„ generated from Novemper..15, 2003,1 the sale .ofelectricity 'in provideto' the"City Manager in a ;form acceptable to the City Manager " records `1 establishing the gross revenues' from the sale of electricity • by the Company, --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 : preCedmg month.. Section 3. (1) -Effective' July 1, 2013, the fee imposed by Section ` 1 of Ordinance No. 58- 03, as amended by Ordinance No. 7-10, shall'' not apply to any sale of electricity by the Company that is exempt under Iowa Code + Section 423.3 from the tax imposed :' by Iowa Code Section 423.2 and in computing the amount of the fee, the Company shall not include such 'I' sales, unless it isimprac ticableto.Sp,,in which event the City Manager shall provide a rebate of the amount of the fee for such exempt sales of electricity . to i Company's customers I provided a : written request is submittgd by a customer to the City l"Manager in the City's fiscal year (July 1 I - June 30) in which the customercustomer pays such fees. (2) Any rebate of franchise fees which: may have been `. available under any prior amendment or ordinance which was not paid prior to July 1, 2013, is declared void and any claim for any such rebate shall not be honored or paid by the city. This ordinance takes effect upon publica- tion. Passed, approved and adopted the- 12th day of March, 2015. /s/Roy D. Buol, Mayor I Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald) newspaper on the 18th day of March, 2015. /s/Trish L. Gleason, Assistant City Clerk it 1/18 fee of 5%. NOW, THEREFORE, BE IT ORDAINED BY, THE{ CITY COUNCIL OF THE CITY OF DUBUQUE, 1, 1 IOWA: Ordinance No. 58-03, as ";.amended " 'bye Ordinance No's. 75-03, 7-10, and 6-14 is amended and restated I as follows: Section 1. Effective June 1, 2015, and for the . term" " of " the franchise; granted by Ordinance No. 1-15, there ` is . hereby imposed upon ' the Company a fee equal to five percent (5%) of, the gross revenue generated "from ; thel sale of , electricity within the City :of 1 Dubuque. Section 2. The Company shall ,offeathceh o the City of Dubuque; and Whereas, Interstate Power and Light Company (the • Com- pany) is a successor to Interstate Power com- pany; and Whereas, Ordinance No. 01-15 authorizes the City Council to impose a franchise fee up .to the amount allowed ,by Iowa law upon • such gross revenue; and Whereas, the City Council finds it is in the best interests of the City - of Dubuque to impose a franchisee