Laserfiche WebLink
(b) sales taxes; and <br />(c) any interest income earned by the Company; and <br />(d) all monies received from the lease or sale of real or personal <br />property, provided, however, that this exclusion does not apply to the <br />lease of facilities within the City's right of way. <br />C. Calculation and Payment of Franchise Fees Based on CIAC <br />(1) The franchise fee amounts based on "Contributions in aid of Construction" <br />("CIAC") shall be calculated on an annual calendar year basis, i.e., from <br />January 1 through December 31 of each calendar year. <br />(2) The franchise fee amounts that are due based on CIAC shall be paid at least <br />once annually on or before April 30 each year based on the total CIAC <br />recorded during the preceding calendar year. <br />D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas <br />(1) If TXU Gas should at any time after the effective date of this Ordinance <br />agree to a new municipal franchise ordinance, or renew an existing municipal <br />franchise ordinance, with another municipality, which municipal franchise <br />ordinance determines the franchise fee owed to that municipality for the use <br />of its public rights-of-way in a manner that, if applied to the City, would <br />result in a franchise fee greater than the amount otherwise due City under this <br />Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to <br />this Ordinance shall be increased so that the amount due and to be paid is <br />equal to the amount that would be due and payable to City were the franchise <br />fee provisions of that other franchise ordinance applied to City. <br />(2) The provisions of this Subsection D apply only to the amount of the franchise <br />fee to be paid and do not apply to other franchise fee payment provisions, <br />including without limitation the timing of such payments. <br />E. TXU Gas Franchise Fee Recovery Tariff <br />(1) TXU Gas may file with the City a tariff amendment(s) to provide for the <br />recovery of the franchise fees under this amendment. <br />(2) City agrees that (i) as regulatory authority, it will adopt and approve the <br />ordinance, rates or tariffwhich provide for 100% recovery of such franchise <br />fees as part of TXU Gas' rates; (ii) if the City intervenes in any regulatory <br />proceeding before a federal or state agency in which the recovery of TXU <br />Page 3 of 5 <br />