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