(1) In consideration of the rights, privileges, and franchise hereby granted, PacifiCorp shall pay to the City from and after the effective date of the acceptance of this franchise, five percent of its gross revenues derived from within the corporate limits of City. The term “gross revenue” as used herein shall be construed to mean any revenue of PacifiCorp derived from the retail sale and use of electric power and energy within the municipal boundaries of the City after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered. All amounts paid under this section shall be subject to review by the City; provided, that only payments which occurred during a period of 36 months prior to the date the City notifies PacifiCorp of its intent to conduct a review shall be subject to such review. Notwithstanding any provision to the contrary, at any time during the term of this franchise, the City may elect to increase the franchise fee amount as may then be allowed by State law. The City shall provide PacifiCorp with prior written notice of such increase following adoption of the change in percentage by the City. The increase shall be effective 60 days after City has provided such written notice to PacifiCorp.

(2) The franchise fee shall not be in addition to any other license, occupation, franchise or excise taxes, permits or charges which might otherwise be levied or collected by the City from PacifiCorp with respect to PacifiCorp’s electric business or the exercise of this franchise within the corporate limits of the City and the amount due to the City under any such other license, occupation, franchise, excise taxes, permits or other charges for corresponding periods shall be reduced by deducting therefrom the amount of said franchise fee paid hereunder. (Ord. 127 § 12, passed 5-9-2017)