Absent an agreement with the city and to the extent authorized by state law, any person providing retail utility service within the corporate limits of the city pursuant to a certificate or other authorization issued by a state regulatory authority shall pay to the city a regulatory fee equal to two percent (2%) of the gross receipts from sales within the city. The proceeds from the regulatory fee shall be used for the purpose of compensating the city for the regulatory functions provided by the city pursuant to state law; provided, however, this regulatory fee shall not include and shall be in addition to such other regulatory expenses incurred by the city and actually reimbursed by the person to the city pursuant to state law.
(Ordinance 98-04, sec. 1, adopted 1/13/98)
Any person owing a fee to the city pursuant to this division shall pay the city quarterly on the first (1st) days of January, April, July and October of each year based upon the gross amount received by the person from the retail sale of services within the corporate limits of the city for the preceding three (3) months ending November 30th, February 28th, May 30th and August 31st, respectively. Accompanying each payment, the corporation, person or other entity shall file or cause to be filed a statement, certified by a duly qualified officer of the corporation, person or other entity, showing the gross receipts from sales within the city during the three-month period for which the payment is made. For the purpose of determining the amount of the gross receipts, the corporation, person or other entity shall keep in its office at the disposal of and open to inspection by any auditor authorized and appointed by the city at all reasonable times, books of accounts and other records showing a full, true, complete and accurate account of the gross receipts of the corporation, person or utility from its revenues received from activities conducted within the corporate limits of the city.
(Ordinance 98-04, sec. 2, adopted 1/13/98)
The failure to timely pay the city the fees imposed by this division in the manner specified by this division shall be a violation punishable, upon final conviction, by a fine as provided in section 1.01.009. Each violation on each day shall be considered a separate violation. The city may also bring suit for injunction against any corporation, person or other entity that shall violate or threaten to violate any provision of this division.
(Ordinance 98-04, sec. 3, adopted 1/13/98)
The city manager, city attorney or any person designated by them are authorized and directed to take such action as may be necessary to enforce the terms of this division, including, but not limited to, obtaining court orders enforcing this division.
(Ordinance 98-04, sec. 5, adopted 1/13/98)
The acceptance by the city of the regulatory fee required by this division is not intended to be and shall not be construed or deemed to be evidence of consent by the city for the use of streets, roads, alleys, highways or public grounds located within the corporate limits of the city, or the grant of the privilege of providing any service within the corporate limits of the city, but such consent or grant shall only be evidenced by a separate franchise agreement between the city and the person.
(Ordinance 98-04, sec. 7, adopted 1/13/98)
This division, or any section or provision herein, is not intended to waive or limit, and shall not be deemed to waive or limit, any right or privilege belonging to the city under federal or state law.
(Ordinance 98-04, sec. 8, adopted 1/13/98)
Absent an agreement with the city or otherwise specifically authorized by state law, a person whose lines are being used by third parties shall pay the above required regulatory fees based on the gross receipts from all sales resulting from the use of such person’s lines and facilities, regardless of whether those sales are made by such person or the third party, to the city.
(Ordinance 98-04, sec. 9, adopted 1/13/98)