(a)
Fee.
In partial consideration for the franchise, which provides for
the company’s use of City streets and other City property, which
are valuable public properties acquired and maintained by the City
at great expense to its residents, and in recognition that the grant
to the company of the use of City streets and other City property
is a valuable right, the company shall pay the City a sum equal to
three percent of all gross revenues. To the extent required by law,
the company shall collect this fee from a surcharge upon City residents
who are customers of the company.
(b)
Obligation
in Lieu of Fee.
In the event that the franchise fee specified
herein is declared void for any reason by a court of competent jurisdiction,
unless prohibited by law, the company shall be obligated to pay the
City, at the same times and in the same manner as provided in the
franchise, an aggregate amount equal to the amount which the company
would have paid as a franchise fee as partial consideration for use
of the City streets. To the extent required by law, the company shall
collect the amounts agreed upon through a surcharge upon utility service
provided to City residents.
(c)
Changes
in Utility Service Industries.
The City and the company
recognize that utility service industries are the subject of restructuring
initiatives by legislative and regulatory authorities, and are also
experiencing other changes as a result of mergers, acquisitions, and
reorganizations. Some of such initiatives and changes have or may
have an adverse impact upon the franchise fee revenues provided for
herein. In recognition of the length of the term of this franchise,
the company agrees that in the event of any such initiatives or changes
and to the extent permitted by law, upon receiving a written request
from the City, the company will cooperate with and assist the City
in modifying this franchise to assure that the City receives an amount
in franchise fees or some other form of compensation that is the same
amount of franchise fees paid to the City as of the date that such
initiatives and changes adversely impact franchise fee revenues.
(d)
Utility
Service Provided to the City.
No franchise fee shall
be charged to the City for utility service provided directly or indirectly
to the City for its own consumption, including street lighting service
and traffic signal lighting service, unless otherwise directed by
the City.